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percent, the entire cost of such appraisal shall be borne by the applicant, otherwise, the entire cost thereof shall be borne by the commissioner of general services.

(ii) For leases, easements and conveyances of such interests for commercial use of structures on state-owned underwater lands, the annual fee imposed shall not exceed two percent of the user's net annual income for structures not in existence on the effective date of this paragraph. Nor, in connection with a structure in existence and in commercial use on the effective date of this paragraph, shall the fee charged in connection with such a conveyance made after the effective date of this subparagraph exceed annually the following schedule for five years following the effective date of the interest conveyed pursuant to subdivision (b) of this section provided timely application pursuant to that subdivision has been made: .2 (two-tenths) of one percent; second year: .4 (four-tenths) of one percent; third-year: .6 (six-tenths) of one per cent; fourth year: (eight-tenths) of one percent; fifth year, and thereafter: one percent; provided that all such

percentages in this paragraph shall be that percentage of the net income derived from the structure or structures on state-owned lands, excluding transactions involving sales or repair of boats, and sale of gasoline; and the dollar valuation of the interest conveyed shall not be increased from year to year during that five year period. The fee charged shall be discounted ten percent for annual permit's. (iii) For

leases,

easements and conveyances of such interests for residential use of non-exempt structures in existence and residential

the effective date of this paragraph, the annual fee shall not exceed the lesser of twenty dollars per sỉip or one hundred dollars.

(iv) Nothing in this paragraph shall preclude the commissioner of gen. eral services from agreeing, upon the request of and negotiation with the owner

of adjacent upland, to such other conveyances or agreements consistent with this section providing for different periodic payments,

more flexible payment structure, than the fee caps and fees, respectively, set forth for commercial and residential facilities herein. Moreover, notwithstanding the fee caps set in this section, the commissioner may exceed those caps if required to cover the yearly pro rata share, over the term of the conveyance or interest, of the administrative costs in connection with that conveyance or interest.

(f) The commissioner, in consultation with the commissioner of environmental conservation, the secretary of state, the office of parks, recreation and historic preservation and other interested state agencies administering state-owned lands underwater, shall promulgate pursuant to article two of the state administrative procedure act such rules with respect to grants, leases, easements and lesser interests for the use of state-owned land underwater, and the cession of jurisdiction thereof, as in his or her judgment are reasonable and necessary to protect the in; terests of the people in such lands underwater. Such regulations shall include without being limited to: the fees to be charged, consistent with the provisions of this section, including mitigation of such fees in the event of economic hardship on existing

commercial enterprises; fee limitations to administrative expenses for municipal uses which are public, non-commercial and offer services free or for nominal fees, and for uses undertaken and operated for public and non-commercial purposes by not-for-profit corporations characterized as "Type B" corporations pursuant to paragraph (b) of section two hundred one of the not-forprofit corporation law, and for uses undertaken and operated for public purposes by a corporation formed pursuant to the religious corporation law or by a corporation formed pursuant tot special act of this state and which has as its principal purpose a religious purpose; such further exemptions for projects as the commissioner determines do not represent significant encroachments; limitations grants, including conversion grants, with respect to underwater lands consistent with the public purposes

of this subdivision and limiting such grants to excep. tional circumstances; and factors to be examined in considering an application for a lease, easement or other interest. Those factors shall include without limitation the following: (i) the environmental impact of the project; (ii) the values for natura) resource management, recre: ational uses, and commercial uses of the pertinent underwater land; (iii) the

size, character and effects of the project in relation to neighboring uses; (iv) the potential for interference with navigation, public uses of the waterway and rights of other riparian owners; (v) the

* So in original. (Word "a" inadvertently omitted. )

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ne by the
effect of the project on the natural resource interests of the state

in By the uz the lands; (vi) the water-dependent nature of the use; (vii) and any ad;

verse economic impact on existing commercial enterprises. The final Eerests tai

promulgation of rules establishing fees or fee structures shall be subds, the ject to the approval of the director of the budget. et annud. (8) (i) From one year after the effective date of the rules authorized

by, paragraph (f) of this subdivision and adopted pursuant to subdivision CODE: 21 five of section two hundred two of the state administrative procedure arged 12 act, and thereafter, any person who violates any of the provisions of

this subdivision; or who fails to perform any duty imposed by this subive years division; or who violates or fails to comply with any rule, regulation, ant to sam

determination or order of the commissioner promulgated pursuant to this
subdivision may be enjoined from continuing such violation, and in any

event shall be liable for a civil penalty of not more than five hundred hs) of A 2 dollars for each such violation and an additional civil penalty of not fifth rear

than one hundred dollars for each day during which such violation continues; provided, however, that such penalties shall be imposed by the commissioner only after written notice and an opportunity to be heard are given to the owner, occupier or other person or entity having a legal or beneficial interest in a prohibited structure or area of fill which notice shall be transmitted by certified mail, return receipt requested and which shall set forth the provisions of this section, a description of the prohibited structure or area of fill, the amount of the penalty, that the person must comply with the provisions of this section within thirty days, and the specific date thirty days thereafter following which the person shall be subject to such penalty and after which further penalties shall accrue on a daily basis.

(ii) If the commissioner of environmental conservation notifies the commissioner of any failure to comply with conditions of a lease, easement

other interest, the commissioner shall investigate such suspected violation. The commissioner, on his or her own initiative or at the request of the commissioner of environmental conservation, shall thereafter take enforcement action as described herein request the attorney general to institute an action to enjoin such violation and to recover any damages therefor.

§ 4. Subdivision 1 of section 30-a of the public lands law, as added by chapter 957 of the laws of 1974, is amended to read as follows:

1. Except as to lands under water, salt springs lands and abandoned canal lands, the head of any state agency having custody or jurisdiction

any state-owned lands may determine that such lands are no longer necessary or useful to the purposes of such agency, and he or she hereby authorized to declare the same abandoned. Upon the filing of a declaration of abandonment of such lands with an approval thereof by the commissioner of general services such lands shall become unappropriated state lands provided, however, that no state lands, the sale or transfer of which is prohibited by the constitution, shall be thus affected. Within thirty days of approving the

of
general services shall publish a notice of the approval in the state
register and the environmental notice bulletin, and send such notice
to the chief elected official of each county and municipality where the
affected lands are located.

§ 5. The section heading and subdivision 1 of section 15-0503 of the
environmental conservation law, the section heading as amended by chap-
ter 233 of the laws of 1979 and subdivision 1 as amended by chapter 442
of the laws of 1983, are amended to read as follows:
Protection of [streams; dams and docks] water bodies; permit.
1. Except as provided in subdivision 4 of this sectionț, no]

No dam or impoundment structure, including any artificiāl obstruc-
tion, temporary, or permanent, in or across a natural stream

water course, shall be erected, constructed, reconstructed or repaired by any person or local public corporation without a permit issued pursuant to subdivision 3 of this section.

b; Except where a lease or other appropriate conveyance of an interest authorizing the use and occupancy of state-owned lands underwater has been obtained from the commissioner of general services pursuant to subdivision seven of section seventy-five of the public lands law, no dock, wharf, platform, breakwater, mooring, or other structure in, on or above waters shall be erected, placed, constructed, reconstructed, or expanded after the effective date of this paragraph by any person or local public EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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corporation without a permit issued pursuant to subdivision 3 of this section. The term "reconstructed" as used in this section shall mean the substantial rebuilding of structures or facilities and shall not apply to ordinary maintenance or repair of existing functional structures or facilities, such as repainting, redriving pilings replacing broken boards in docks.

A city, town, village or county may submit to the commissioner a local law or ordinance regulating docks or other structures as described in paragraph b of this subdivision. The commissioner shall review such law or ordinance to determine whether it provides environmental protec; tion comparable to, or greater than, the provisions of such paragraph and any regulations promulgated thereunder. If the commissioner determines that the local law or ordinance submitted meets such requirements, the commissioner may delegate, upon such terms and conditions as he or she deems appropriate, to the local government the authority to administer the permit program and to charge a fee for permit processing. Any delegation may

be revoked by the commissioner if he or she finds that the local government has failed to carry out the program in accordance with the terms of the delegation.

§ 6. Subdivision 4 of section 15-0503 of the environmental conservation law is amended by adding three new paragraphs c, d and e to read as follows:

A dock, pier,,, wharf or other structure used solely as a landing place on water providing dockage for five or fewer boats and encompassing within it's outer perimeter an area less than four thousand square feet; d. A mooring facility providing mooring for fewer than ten boats;

Seasonal replacement reinstallation of structures installed prior to the effective date of this paragraph.

§ 7. Subparagraph (iv) of paragraph (a) of subdivision 5 of section 70-0117 of the environmental conservation law, as added by chapter 723 of the laws of 1977, is amended to read as follows:

(iv) Docks, piers, wharves or other structures in waters not to exceed one hundred twenty-five dollars, except docks, piers or other structures required to be permitted under article twenty-four or twenty-five of this chapter or where a local government administers the program pursuant to a delegation from the commissioner under paragraph c of subdivision one of section 15-0503 of this chapter.

$ 8. Section 911 of the executive law is amended by adding a new subdivision 10 to read as follows:

10. "Comprehensive harbor management plan" shall mean a plan to address the problems of conflict, congestion and competition for space in the

harbors, surface waters and underwater lands of the state within a city, town or village or abounding a city, town or village to a distance

of

fifteen hundred feet from shore. A harbor management plan must consider regional needs and, where applicable, must consider the competing needs of commercial shipping and recreational boating, commercial and recreational fishing and shellfishing, aquaculture and waste management, mineral

extraction, dredging, public access, recreation, habitat and other natural resource protection, water quality, open space,

aesthetic values and common law riparian' or littoral rights, and the public interest in such lands underwater.

§ 9. Subdivision 5 of section 915 of the executive law is amended by adding, a new paragraph i to read as follows:

1. the establishment of a comprehensive harbor management plan and the means for its implementation. § 10. Section 911 of the executive

is amended by adding a new subdivision 11 to read as follows: 11. "Water dependent use"

an activity which can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral parthef syetuertevity. i themsee of the water.

The executive law is amended by adding a new section 915-b to read as follows:

§ 915-b. Water dependent uses. Notwithstanding any other provision of law, water dependent use activities as defined in subdivision eleven of section nine hundred eleven of this article, shall not be considered a private nuisance, provided such activities were commenced prior to the surrounding activities and have not been determined to be the cause of conditions dangerous to life or health as determined by the commissioner of health, the local health officer, or local board of health pursuant to sections thirteen hundred, thirteen hundred-a, thirteen hundred three

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ion 3 : and thirteen hundred four of the public health law and any disturbance
en shall be to enjoyment of land has not materially increased.
-hall

§ 12. The executive law is amended by adding a new section 922 to read al structura

as follows:
eplacing a $ 922. Comprehensive harbor management plans. 1. In order to imple-

nent a comprehensive harbor management plan the local legislative body
of a city, town or village may adopt, amend and enforce local laws or

ordinances, not inconsistent with the laws of this state or the United Fall 169 States, to regulate the construction, size and location of wharves, renta. docks, moorings, piers, jetties, platforms, breakwaters or other strucsuch as

tures, temporary or permanent, in, on or above waters and the use of Essione

surface waters and underwater lands within a city, town or village
ch required bounding a city, town or village to a distance of fifteen hundred feet

from the shore. Such local laws or ordinances may provide for the impo-
sition of fees for reasonable expenses incurred by the city, town or
village in carrying out this regulatory authority.

2. No local law or ordinance adopted pursuant to the powers granted by
this section shall take effect until it shall have been submitted to and
approved in writing by the secretary of state, nor shall such local law
or ordinance affect projects and facilities undertaken or constructed by
public authorities for which a statutory exemption has been provided or
public authorities formed by compact with another state or any

subsidiary thereof formed pursuant to bi-state legislation. The secretary of state shall not approve any local law or ordinance without first consulting with the commissioner of general services and other interested state agencies administering state-owned lands underwater, nor shall the secretary approve any local law or ordinance not in accordance with any comprehensive harbor management plan adopted as part of a local waterfront revitalization program by the local legislative body of the city, town or village and approved by the secretary pursuant to this article.

3. (a) Municipalities on lakes, other than those lakes identified in subdivision four of section nine hundred eleven of this article, pursuant to this section, develop cooperative lakewide local waterfront revitalization programs and harbor management plans.

(b) Where local waterfront revitalization program and harbor management plan exists which has been cooperatively prepared by all of the

municipalities which border the shores of such a lake, no local law or ordinance adopted by one such municipality pursuant to harbor management plan shall be approved without a finding by the secretary of state that the local law or ordinance is consistent well with the management of the lake by, and interests of, the lake residents and its municipalities as a whole.

(c) Where an organization or entity has been created by statute to
provide lakewide planning or regulation, such local laws or ordinances
shall be consistent with the plans developed by such organization or en-
tity pursuant to the procedures required in such statute.

4. "No provision of this chapter shall be deemed to diminish the
authority of any city, town or village pertaining to the regulation of
harbors, surface waters and underwater lands granted by, any other law,
charter, patent or other instrument. Nor shall it be read to authorize
local harbor management plans displacing conforming water-dependent
businesses in existence on the effective date of this section.
5.

Any conveyances of interests pursuant to subdivision seven of sec-
tion seventy-five of the public lands law and

permits issued
pursuant to subdivision one of section 15-0503 of the environmental con-
servation law shall be consistent, insofar as possible, with approved
comprehensive harbor management plans adopted pursuant to this section.

$, 13. If any clause, sentence, paragraph, section or part of this act
shall be adjudged by any court of competent jurisdiction to be

invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.

$. 14. Nothing in this act shall be deemed to limit the existing powers
of the commissioner of parks, recreation and historic preservation
the existing powers

of the commissioner of environmental conservation
under article 3 of the navigation law.
EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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5 15. This act shall take effect immediately, except that sections five, six, and seven of this act shall take effect two hundred seventy days after it shall have become a law, provided however, that effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of the above mentioned sections of this act on their effective date are authorized and directed to be made and completed on or before such effective date.

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AN ACT to amend the public authorities law, in relation to the state of

New York moi gage agency providing pool insurance

Became a law August 7, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

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The People of the State of New York, represented in Senate and Assembly, do enact as follows:

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Section 1. Paragraph (b) of subdivision 3 of section 2405-d of the public authorities law, as amended by a chapter of the laws of 1992, amending the public authorities law relating to the state of New York mortgage agency, as proposed in legislative bili number S. 8449-B, is amended to read as follows:

(b) The provisions of the emergency housing rent control law, the local emergency housing rent control act, the city rent and rehabilitation law, the emergency tenant protection act of nineteen seventy-four and the New York city rent_stabilization law of nineteen hundred sixtynine shall not apply to [the tenancy of the tenant-purchaser under the lease-to-own contract' from and after the purchase by the agency of the mortgage loan on the residence so long] a residence subject to a leaseto-own mortgage, provided that the mortgage is purchased by the agency, Such exemption shall begin at the commencement of the lease tern and shall endure for so long thereafter as the agency holds the mortgage loan. The agency shall not sell the mortgage loan prior to the closing of the transfer of title to the tenant-purchaser default by the tenant-purchaser under the lease-to-own contract.

§ 2. Subdivision 1-a of section 2428 of the public authorities law, as amended by a chapter of the laws of 1992, amending the public authori; ties law relating to the state of New York mortgage agency, as proposed in legislative bill number S. 8449-B, is amended to read as follows:

1-a. The agency may issue commitments to provide and may provide pool insurance in an amount not in excess of twenty-five percent of the outstanding principal indebtedness at the time of commitment of any aggregate of mortgage loans or with pespect to mortgage loans acquired put suant

to section twenty-four hundred five-b of this title, twenty-five percent of the initial principal indebtedness of any aggregate of

mort

or

gage loans,

S 3. This act shall take effect on the same date as a chapter of the
laws of 1992, amending the public authorities law relating to the state
of New York mortgage agency, as proposed in legislative bill number
S. 8449-B, takes effect; provided,
herein shall be deemed to affect the application, qualification, expira.

however, that nothing contained
tion or repeal of any provision of law amended by any

section of this
act and such provisions shall be applied or qualified or shall expire or
be deemed repealed in the same manner, to the same extent and
same date as the case may be as otherwise provided by law.

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