Summary
This legislation would amend the Executive Law and empower the Secretary of State to approve, disapprove, or require modifications of projects in Long Island that could have a major environmental impact or impact an area of particular importance to the protection of the state’s natural and historic heritage.

Explanation
Under Section 913 of the Executive Law, the Secretary of State’s authority is largely restricted to making recommendations to local, state, and federal agencies with respect to ensuring conformity with New York’s policy for the management of coastal areas and inland waterways.

This bill would give the Secretary of State explicit authority for approving, disapproving, or requiring modifications to major projects in coastal areas, or projects that would impact “environmentally sensitive areas” within the state’s coastal zone of Long Island. An “environmentally sensitive area” is one that has outstanding historic, recreational, or natural resource value.  This would include areas that: are home to state or federally protected species, provide important habitat for fish and wildlife, or are located within a state historic heritage area.  In addition, waters designated as a national estuary pursuant to the Federal Clean Water Act would also be considered “environmentally sensitive areas”.  This bill creates additional protections for the coastal areas of Long Island exclusively; this bill would be greatly improved by including the Great Lakes and Hudson River estuary which similarly demonstrate outstanding historic, recreational, and natural resource value.

While several local, state, and federal agencies have overlapping jurisdictions over coastal areas, the Secretary of State is the office designated as the primary state office for coordinating their efforts and ensuring conformity with the state’s coastal protection policies.  For instance, the Secretary of State is responsible for filing New York’s Coastal Zone Management Plan for approval to the U.S. Secretary of Commerce.

This legislation would ensure that the Secretary of State has the authority necessary for enforcing New York’s coastal zone management policies in Long Island. 

Environmental Advocates of New York supports this bill.