Bill Text: NY S05189 | 2017-2018 | General Assembly | Amended

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Bill Title: Authorizes the use of benthic barriers, between July 1 and October 31, to control invasive aquatic plants around docks.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S05189 Detail]

Download: New_York-2017-S05189-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5189--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 13, 2017
                                       ___________
        Introduced  by  Sens. YOUNG, GALLIVAN -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Environmental
          Conservation  -- recommitted to the Committee on Environmental Conser-
          vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          control of aquatic vegetation by means of a benthic barrier
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 9-1711 to read as follows:
     3  § 9-1711. Control of aquatic vegetation by means of a benthic barrier.
     4    1. For the purposes of this section, "benthic barrier"  shall  mean  a
     5  film  of natural or synthetic matter which is gas permeable and anchored
     6  by means other than stone from the lake bottom, for the sole purpose  of
     7  controlling  or  suppressing aquatic vegetation around residential docks
     8  or swimming areas.
     9    2. No person shall be prohibited from placing temporary benthic barri-
    10  ers in any freshwater body of water located in front of his or her prop-
    11  erty's shoreline between July first and October thirty-first each  year,
    12  for  the purpose of controlling invasive aquatic plants around, near and
    13  between docks.
    14    3. The placement of these temporary  benthic  barriers  shall  not  be
    15  considered  "fill",  and  therefore are not subject to the provisions of
    16  title five  of  article  fifteen  of  this  chapter  or  General  Permit
    17  GP-0-17-001.
    18    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10598-02-8