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A07176 Summary:

BILL NOA07176
 
SAME ASSAME AS S05566
 
SPONSORCahill
 
COSPNSRBarrett, Abinanti
 
MLTSPNSR
 
Amd 18, Chap 748 of 1991
 
Extends the indemnification to certain communities relating to the Hudson river valley greenway until December 31, 2022.
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A07176 Actions:

BILL NOA07176
 
04/12/2017referred to environmental conservation
04/25/2017reported
04/27/2017advanced to third reading cal.243
05/03/2017passed assembly
05/03/2017delivered to senate
05/03/2017REFERRED TO ENVIRONMENTAL CONSERVATION
06/14/2017SUBSTITUTED FOR S5566
06/14/20173RD READING CAL.1646
06/15/2017PASSED SENATE
06/15/2017RETURNED TO ASSEMBLY
08/09/2017delivered to governor
08/21/2017signed chap.190
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A07176 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7176
 
SPONSOR: Cahill
  TITLE OF BILL: An act to amend chapter 748 of the laws of 1991, amending the environmental conservation law and various other laws relating to establishing the Hudson river valley greenway, in relation to extending the expiration of certain provisions relating to indemnity to communities   PURPOSE: To provide a five year extension of the existing indemnity provision included in the Greenway Act of 1991 for communities in the Hudson River Valley Greenway for certain actions related to their participation in the Greenway Compact.   SUMMARY OF PROVISIONS: Extends the sunset date of December 31, 2017 in Section 44-0119(7) of the environmental conservation law for five additional years, until December 31, 2022.   EXISTING LAW: Section 44-0119(7) of the Environmental Conservation Law provides that communities in the Hudson River Valley Greenway, as defined in the Greenway Act, that choose to participate in the Greenway Compact, are provided indemnity from the state in the event of legal actions brought against the community or its agents that may result from the community's acquisition of land or the adoption or implementation of land use controls that are consistent with the Compact. This indemnity provision does not apply to the counties of New York and Bronx for legal actions that result from New York City's adoption of a regional plan or amend- ments to the plan. The indemnity applies to the extent that any such claim exceeds the insurance coverage obtained by the council, but does not apply to any claims resulting from intentional wrongdoing, reckless- ness, gross negligence or an unlawful discriminatory practice. In any claim against a participating community of unlawful discriminato- ry practice, the Attorney General shall not represent the defendant(s). However, if the plaintiff in such action is not the prevailing party, the state is required to reimburse the defendant(s) for all reasonable attorneys' fees and related litigation expenses. Section 44-0 119(7) includes a sunset provision date of December 31, 2012.   JUSTIFICATION: This amendment is necessary in order to help further the goals of the Greenway Act of 1991, and specifically, to help develop the Greenway Compact in the Hudson River Valley. Currently, communities that have adopted the Greenway Compact are indemnified by the state against lawsuits brought as a result of the purchase of land or land use controls or amendments pursuant to the Compact. Those communities that have adopted the Compact would lose this benefit if this subdivision were allowed to expire. Such an outcome could result in communities withdrawing their partic- ipation in the compact.   LEGISLATIVE HISTORY: The original Greenway Act of 1991 (Chapter 748 of the Laws of 1991) included an expiration date of December 31, 1997 for the indemnity provisions of Section 44-0019(7). In 1997, the expiration date was extended five years, until December 31, 2002 (Chapter 342 of the Laws of 1997). In 2002, the expiration was again extended for five years until December 31, 2007 (Chapter 138 of the Laws of 2002) and again in 2007 (Chapter 359 of the Laws of 2007). In 2012, the expiration was again extended for five years until December 31, 2017.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A07176 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7176
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 12, 2017
                                       ___________
 
        Introduced by M. of A. CAHILL -- read once and referred to the Committee
          on Environmental Conservation
 
        AN  ACT  to amend chapter 748 of the laws of 1991, amending the environ-
          mental conservation law and various other laws relating to  establish-
          ing  the  Hudson  river  valley greenway, in relation to extending the
          expiration of certain provisions relating to indemnity to communities
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 18 of chapter 748 of the laws of 1991, amending the
     2  environmental conservation law and various other laws relating to estab-
     3  lishing  the  Hudson river valley greenway, as amended by chapter 152 of
     4  the laws of 2012, is amended to read as follows:
     5    § 18. This act shall take effect immediately; provided, however,  that
     6  section  1104-a  of  the tax law as added by section sixteen of this act
     7  shall take effect March 1, 1992 and provided further that subdivision  7
     8  of  section  44-0119  of  the environmental conservation law as added by
     9  section ten of this act, and as amended, shall be repealed  on  December
    10  31, [2017] 2022.
    11    § 2. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09734-01-7
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