BILL NUMBER: S6728
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
enacting the "Great Swamp protection act"
 
PURPOSE:
Enacts the "Great Swamp Protection Act".
 
SUMMARY OF PROVISIONS:
Section 1 amends the environmental conservation law by adding new arti-
cle 59.
*§ 59-0101 states the short title.
*§ 59-0103 provides the legislative declaration.
*§ 59-0105 provides the legislative findings and intent.
*§ 59-0107 provides definitions for the terms "Land use plan", "Commis-
sion", "Advisory committee", "Agriculture", and "horticulture".
*§ 59-0109 establishes the Great Swamp reserve council to be comprised
of 13 members to help local governments and the state coordinate the
efforts of all municipal, county, state, and federal agencies involved
in the management of the preserve and to oversee and prepare a compre-
hensive intergovernmental management incentive plan for the Great Swamp
reserve that the state and local governments may adopt.
*§ 59-0113 requires the council, after holding public hearings, to
prepare and adopt a comprehensive management incentive plan for the
Great Swamp reserve, which the state and local governments may adopt.
Additionally, this section includes details on what such a plan must
include details on how many public hearings must be held.
*§ 59-0115 provides dedications to the Great Swamp preserve; legislative
protection.
*§ 59-0117 establishes the Great Swamp joint planning and policy commis-
sion to be composed of 7 members and provides such commissions powers
and duties. Additionally, this section establishes a Great Swamp advi-
sory committee to actively assist and advise the commission in the prep-
aration, adoption, and implementation of the Great Swamp comprehensive
land-use plan. The Great Swamp advisory committee shall not consist of
more than 28 members.
*§ 59-0119 requires the creation of the Great Swamp comprehensive land
use plan. Additionally, this section provides the timelines and require-
ments for such a plan.
*§ 59-0121 provides that the council may request and shall be provided
with such cooperation assistance, services and data, from any depart-
ment, agency, advisory board, task force, commission, bureau, or any
other agency having jurisdiction over land or water within the Great
Swamp reserve, as are necessary to carry out the council's function.
Additionally, the commission shall coordinate its action with the region
1 regional advisory committee and every state agency is authorized to
provide within their appropriated amounts and subject to the approval of
the director of the budget assistance and services as the council may
request.
*§ 59-0123 allows the council to accept any grant or appropriation from
federal, state, and municipal courses and any gift for the use to carry
out the provisions of this article, except that such expenditures shall
not exceed the grants, appropriations, and gifts received by the coun-
cil.
*§ 59-0125 provides that nothing in this article shall be interpreted to
authorize the regulation of hunting, fishing, trapping, possession of
wildlife, or other recreational activities in the Great Swamp reserve,
except as otherwise provided by law.
*§ 59-0127 provides that this article will not affect the police powers,
local planning powers, zoning powers, or authority to regulate land uses
by villages and towns within the Great Swamp reserve; or the police
power of the state to regulate any activity carried out upon any lands,
or the authority of any state or public agency in the management of any
state or public lands in the Great Swamp reserve.
*§ 59-0129 provides the severability.
Section 2 provides the effective date.
 
JUSTIFICATION:
Located in both Dutchess and Putnam county, the Great Swamp is one of
the state's largest wetlands, encompassing over six thousand acres with
fourteen miles of navigable waters used for recreational paddlers. The
Great Swamp is the habitat for many rare and endangered species of
plants and animals, and provides vital water filtration, flood control
and drought control, as well as recreational use.
As a result of its boundaries extending into several municipalities and
multiple counties, management of this valuable resource continues to be
an ongoing issue. The creation of a board to advise on the management of
the Great Swamp in its entirety will promote cross jurisdictional coop-
eration and better outcomes for the continued protection of this asset.
 
LEGISLATIVE HISTORY:
2024-2024: S9220A/ A10119-A - Died in Finance/ Died in Environmental
Conservation
2021-2022: Died in Rules
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect immediately.