Section 1. 
Legislative Intent.
This Legislature hereby finds that the Suffolk County Aquaculture Lease Board that was established by Local Law No. 25-2009, codified in the Suffolk County Code in Article II, § 475-18 and consists of three members: Director, Department of Planning (Chair); Commissioner of the Department of Environment and Energy; and the Commissioner of the Department of Economic Development and Workforce Housing, or their designees.
This Legislature finds that due to the County's Adopted 2012 Operating Budget, the Department of Environment and Energy, the Department of Economic Development and Workforce Housing and the Department of Planning have been eliminated and were consolidated into the Department of Economic Development and Planning. As such, the titles and positions held by the Commissioner of the Department of Environment and Energy, and the Commissioner of the Department of Economic Development and Workforce Housing were also eliminated, and the duties of the Director of the Department of Planning were transferred to the Commissioner of the Department of Economic Development and Planning.
This Legislature also finds that pursuant to Resolution No. 56-2012, which repealed Articles 14 and 42 of the Suffolk County Charter and Article 42 of the Suffolk County Administrative Code, the functions performed by the aforementioned departments were transferred to the Department of Economic Development and Planning.
Therefore, this Legislature further finds that the Suffolk County Code must be amended to replace the positions on the Aquaculture Lease Board that were previously held by the aforementioned commissioners from the departments that have been consolidated under the Department of Economic Development and Planning.
Section 3. 
Applicability.
This law shall apply to all actions occurring on or after the effective date of this law.
Section 1. 
Legislative Intent.
This Legislature finds that the State of New York ceded ownership of 110,000 acres of underwater lands in Peconic Bay and Gardiners Bay to Suffolk County for the purpose of establishing a leasing program for shellfish cultivation, pursuant to New York Environmental Conservation Law § 13-0302 enacted on September 14, 2004 (L. 2004, c. 425).
This Legislature further finds that the Suffolk County Shellfish Aquaculture Lease Program in Peconic Bay and Gardiners Bay (Lease Program) was adopted by Suffolk County pursuant to Local Law No. 25-2009, and all aspects of the Lease Program are described in Chapter 475, Article II of the Suffolk County Code, with reference to Lease Program Administrative Guidance and the adopted Shellfish Cultivation Zone.
This Legislature also finds that the Shellfish Aquaculture Lease Program is administered by the Director of Planning, in the Suffolk County Department of Economic Development and Planning.
This Legislature finds that the Suffolk County Agricultural and Farmland Protection Plan - 2015 was adopted by the County pursuant to Resolution No. 1103-2015, and this plan includes reference to the fact that many shellfish farmers have expressed interest in the cultivation of marine plants, i.e., kelp, in New York State waters, especially in Long Island Sound and Peconic and Gardiners Bays.
This Legislature also finds that the aforementioned Suffolk County Agricultural and Farmland Protection Plan - 2015 includes a course of action that Suffolk County should coordinate with the New York State Department of Environmental Conservation to propose amendments to State and County Law that would allow for seaweed production on Suffolk County Lease sites.
This Legislature finds that the State of New York amended New York Environmental Conservation Law § 13-0302 pursuant to L. 2016, c. 322, adopted on September 9, 2016, by adding section 10, which authorized Suffolk County to allow the underwater lands in Gardiners and Peconic Bays within the Shellfish Cultivation Zone to be used for the implementation of a pilot program to conduct research and scientific assessment of the feasibility of seaweed cultivation; and in accord with New York Environmental Conservation Law § 13-0302.10, such a pilot program shall be limited to Lessees holding a Lease from Suffolk County for shellfish cultivation.
This Legislature finds that the County of Suffolk approved a Shellfish Cultivation Zone pursuant to Suffolk County Code § 475-13, which is shown on Map No. 1 Shellfish Cultivation Zone Map, dated May 20, 2009, filed as Miscellaneous Map No. A-699, in the Office of the Suffolk County Clerk on January 21, 2010.
This Legislature finds that pursuant to New York Environmental Conservation Law § 13-0302.10, the pilot program shall be limited to a total of five acres of such Shellfish Cultivation Zone, provided that any one Lessee may be authorized to conduct seaweed cultivation on no more than one acre of the Lease.
This Legislature further finds that there is a need to develop standards and procedures to implement the Suffolk County Seaweed Cultivation Pilot Program.
This Legislature also finds that the Suffolk County Seaweed Cultivation Pilot Program shall enable the County to assess the feasibility of seaweed cultivation and under the terms of New York Environmental Conservation Law § 13-0302.10, the authority for Suffolk County to conduct a seaweed cultivation pilot program shall expire on July 1, 2026.
Therefore, the purpose of this law is to amend Chapter 475 of the Suffolk County Code by adding a new Article authorizing the establishment of the Suffolk County Seaweed Cultivation Pilot Program in Peconic Bay and Gardiners Bay.
Section 3. 
Applicability.
This law shall apply to all actions occurring on or after the effective date of this law.
Section 1. 
Legislative Intent.
This Legislature hereby finds and determines that New York State ceded all rights, title and interest to certain underwater lands of Peconic and Gardiners Bays formerly owned by the People of the State of New York to the County for purposes of shellfish cultivation, under New York Environmental Conservation Law § 13-0302.
This Legislature also finds that New York Environmental Conservation Law § 13-0302 required adoption of a local law in order to establish the Suffolk County Shellfish Aquaculture Lease Program for the underwater lands in Peconic and Gardiners Bays.
This Legislature finds that Suffolk County duly adopted Local Law 25-2009, which established the Suffolk County Shellfish Aquaculture Lease Program in Peconic Bay and Gardiners Bay.
This Legislature further finds that the County satisfied the requirement of the Environmental Conservation Law § 13-0302 (3) by executing and entering into five (5) Shellfish Aquaculture Leases prior to December 31, 2010; and further secured the right of the County to lease the underwater lands ceded to it by New York State.
This Legislature finds that the Suffolk County Shellfish Aquaculture Lease Program is authorized in Chapter 475, Article II, of the Suffolk County Code.
This Legislature also finds and agrees that there are economic benefits from the Suffolk County Shellfish Aquaculture Lease Program for both in-state and out-of-state residents, including:
•
Provision of additional opportunity for existing and new shellfish farmers and commercial fishermen to maintain their economic viability;
•
Increased employment in shellfish cultivation and marine-related industries; and
•
Provision of income from the sale of shellfish and increased sales tax revenue to the County.
This Legislature finds that the County's Shellfish Aquaculture Lease Program is consistent with established conservation principles and provides water quality and environmental benefits to the County and its residents, such as:
•
Exerting a positive influence on water quality by helping to control nutrient cycling;
•
Augmenting the spawning potential of native shellfish populations; and
•
Providing increased substrate for flora and fauna on both on-and/off-bottom aquaculture
structures.
This Legislature finds that the Suffolk County Shellfish Aquaculture Lease Program complements and works together with other County initiatives seeking to achieve similar environmental goals.
This Legislature finds that the Suffolk County Shellfish Aquaculture Lease Program provides cultural benefits, by strengthening the historic tradition of shellfish aquaculture in Suffolk County waters.
This Legislature finds that the Suffolk County Aquaculture Lease Program will provide additional public benefit of increasing access to underwater lands in the Peconic and Gardiners Bays for raising shellfish, while minimizing conflicts with other bay users.
This Legislature finds that the ten-year review of the Suffolk County Shellfish Aquaculture Lease Program was conducted by the Department of Economic Development and Planning with extensive input from the Suffolk County Shellfish Aquaculture Lease Program Ten-Year Review Advisory Group, government officials, experts, bay user groups and the public, over a period of two years.
This Legislature finds that the ten-year review process fully complies with the requirements of Suffolk County Code Chapter 475, Article II, to review, revise, and update the Shellfish Cultivation Zone; as well as to review and recommend revisions to limits on lease issuance and Shellfish Aquaculture Lease Program administrative procedures.
Therefore, the purpose of this local law is to revise and update the Shellfish Cultivation Zone as required by Environmental Conservation Law § 13-0302(4) and Suffolk County Code § 475- 13; and update program provisions and the administrative procedures of the Suffolk County Shellfish Aquaculture Lease Program included in Chapter 475, Article II, of the Suffolk County Code and the Administrative Guidance.
Section 3. 
SEQRA Determination.
This Legislature, as Lead Agency under the State Environmental Quality Review Act, N.Y. Environmental Conservation Law Art. 8 ("SEQRA") and Chapter 450 of the Suffolk County Code, classified the Suffolk County Shellfish Aquaculture Lease Program as a Type I action and completed a Generic Environmental Impact Statement (GEIS), for which a findings statement was adopted by Suffolk County Resolution Number 1028-2008 on December 15, 2008.
Pursuant to Title 6 NYCRR Part 617 and Chapter 450 of the Suffolk County Code, a Full Environmental Assessment Form (EAF) was prepared to review potential environmental impacts associated with the Suffolk County Shellfish Aquaculture Lease Program - Ten-Year Review revisions, included herein, which may not have been specifically addressed in the GEIS for the Suffolk County Aquaculture Lease Program; and
Pursuant to Title 6 NYCRR Part 617 and Chapter 450 of the Suffolk County Code, the Suffolk County Council on Environmental Quality (CEQ), considered the EAF and related information received regarding on the Suffolk County Aquaculture Lease Program - Ten-Year Review and the proposed revisions to the Suffolk County Aquaculture Lease Program at its October 21, 2020, meeting and recommended to the Suffolk County Legislature, via CEQ Resolution Number 58-2020, that said revisions would not have a significant adverse impact on the environment; and
This Legislature has independently considered the above-mentioned GEIS and findings statement, completed in 2008 for the Suffolk County Aquaculture Lease Program, the EAF and the CEQ recommendation for the SEQRA review of the Suffolk County Aquaculture Lease Program - Ten-Year Review revisions and any relevant testimony concerning the same; and
This Legislature, as Lead Agency under SEQRA, N.Y. Environmental Conservation Law Art. 8 and Chapter 460 of the Suffolk County Code, in accordance with the GEIS for the Suffolk County Aquaculture Lease Program and the EAF, hereby classifies this proposed local law as a Type I action under the provisions of Title 6 NYCRR Sections 617.4 and 617.10; and
Pursuant to Title 6 NYCRR Sections 617.7 and 617.10(d)(3) and Chapter 450 of the Suffolk County Code, this Legislature, as SEQRA Lead Agency, hereby finds and determines that this proposed local law will not have any significant adverse impacts on the environment for the following reasons:
1. 
The proposed action will not exceed any of the criteria in 6 NYCRR, Section 617.7, which sets forth thresholds for determining significant effect on the environment as demonstrated in the Environmental Assessment Form;
2. 
The proposal does not significantly threaten any unique or highly valuable environmental or cultural resources as identified in or regulated by the Environmental Conservation Law of the State of New York or the Suffolk County Charter and Code;
3. 
The Suffolk County Shellfish Aquaculture Program - Ten-Year Review process incorporated substantial input from interested governmental agencies, stakeholders, and the general public to ensure that the revisions to the Program would not result in significant adverse impacts to environmentally sensitive areas, commercial fisheries, recreational and boating interests and local residents;
4. 
All necessary and required governmental permits and approvals shall continue to be required prior to the commencement of shellfish aquaculture activity at Suffolk County Shellfish Aquaculture Lease sites in the Peconic Bay and Gardiners Bay;
5. 
The Suffolk County Shellfish Aquaculture Lease Program Ten-Year Review revisions will result in increased environmental benefits to the Peconic and Gardiners Bays including water quality improvement associated with an increasing number of filter feeding shellfish, as well as an increase in species abundance and diversity; and
This Legislature hereby adopts a determination of nonsignificance (negative declaration), and the Council of Environmental Quality is hereby directed to circulate and file all necessary notices in accordance with this resolution.
Section 5. 
Applicability.
A. 
The deletion on subletting included in § 475-16, Additional terms and conditions of lease, as amended, shall apply to new leases and renewal leases executed after the effective date of this law.
B. 
The annual rental fees, as established by § 475-17 Fees and rent., as amended, and the Administrative Guidance, as amended, shall apply to new leases and renewal leases executed after the effective date of this law.
C. 
The remaining provisions of this law shall be applicable on or after the effective date of this law.
Section 1. 
Legislative Intent.
This Legislature hereby finds and determines that New York State ceded all rights, title and interest to certain underwater lands of Peconic and Gardiners Bays formerly owned by the People of the State of New York to the County for purposes of shellfish cultivation, under New York Environmental Conservation Law § 13-0302.
This Legislature also finds that New York Environmental Conservation Law § 13-0302 required adoption of a local law in order to establish the Suffolk County Shellfish Aquaculture Lease Program for the underwater lands in Peconic and Gardiners Bays.
This Legislature finds that Suffolk County duly adopted Local Law 25-2009, which established the Suffolk County Shellfish Aquaculture Lease Program in Peconic Bay and Gardiners Bay.
This Legislature further finds that Suffolk County duly adopted Local Law 9-2021, which revised and updated the Suffolk County Shellfish Aquaculture Lease Program in Peconic Bay and Gardiners Bay, after the ten-year review process.
This Legislature finds that the Suffolk County Shellfish Aquaculture Lease Program is codified in Chapter 475, Article II, of the Suffolk County Code.
This Legislature further finds that, as set forth in Suffolk County Code § 475-12, the document entitled "Suffolk County Shellfish Aquaculture Lease Program in Peconic Bay and Gardiner's Bay Revised Administrative Guidance," dated February 19, 2021 ("Administrative Guidance") constitutes, in substantial form, the regulations of the Suffolk County Shellfish Aquaculture Lease Program, including the annual lease rental fee and other fees therein.
This Legislature further finds that the fees included in the laws and regulations specified above for submission of an initial lease application and for other types of applications made by lessees (or lease applicants) under the Suffolk County Shellfish Aquaculture Lease Program require clarification.
Therefore, the purpose of this local law is to clarify the fees applicable to various types of applications under the Suffolk County Shellfish Aquaculture Lease Program under Chapter 475, Article II, of the Suffolk County Code and the Administrative Guidance.
Section 3. 
Applicability.
This amendment shall be applicable to applications received by the County of Suffolk after April 21, 2021 (the effective date of Local Law No. 9-2021, a Local Law to Amend, Update and Reorganize Chapter 475 Article II, of the Suffolk County Code).
Section 1. 
Legislative Intent.
This Legislature hereby finds that a review and update of the 2021 adopted Shellfish Cultivation Zone Map was conducted by the Department of Economic Development and Planning, and included participation and input from the public and interested regulatory agencies.
This Legislature further finds and determines that this 2025 review and update of the Shellfish Cultivation Zone Map complies with the requirements of New York State Environmental Conservation Law § 13-0302 and Suffolk County Code Chapter 475 Article II Section 475-13, mandating a review and update of the Shellfish Cultivation Zone Map every five years.
This Legislature also finds and determines that the updated Shellfish Cultivation Zone Map may be properly depicted as an overlay on the Department's Aquaculture Lease Sites Map which is updated from time to time by the Department.
This Legislature further finds that the updated Shellfish Cultivation Zone Map shall be annexed to the Suffolk County Shellfish Aquaculture Lease Program in Peconic Bay and Gardiner's Bay Revised Administrative Guidance.
This Legislature further finds that the updated Shellfish Cultivation Zone Map is filed s backup with the Clerk of the Legislature entitled, "Gen C09 - 742-2025 Backup".
Therefore, the purpose of this local law is to update and amend the Shellfish Cultivation Zone Map and to authorize its placement in lieu of the Shellfish Cultivation Zone Map annexed as an exhibit to the Suffolk County Shellfish Aquaculture Lease Program in Peconic Bay and Gardiner's Bay Revised Administrative Guidance dated February 19, 2021.
Section 5. 
Applicability.
This law shall apply to all actions occurring on or after the effective date of this law.