Committee Staff: Fredy H. Kaplan, Counsel
Amanda Mayer, Policy Analyst
Chima Obichere, Financial Analyst
The New York City Council
Committee on Parks and
Recreation
Helen Diane Foster, Chair
Infrastructure Division
Marcel Van Ooyen,
legislative director
August 17, 2005
Int. No. 566-A: By Council Members Gennaro, Addabbo Jr., Avella, Comrie, Fidler, Gerson, Gonzalez, Jennings, Koppell, Lopez, Martinez, McMahon, Palma, Quinn, Recchia Jr., Sanders Jr., Weprin, Reyna, Monserrate, Lanza, Vallone Jr., Brewer, Yassky, Gentile, Liu, Jackson and Gallagher
Title: A Local Law to create a temporary task force to study the feasibility of transferring city-owned wetlands to the jurisdiction of the department of parks and recreation.
On August 17, 2005, the Committee on Parks and Recreation; chaired by Council Member Helen Diane Foster, will vote on Int. No. 566-A, in relation to creating a temporary task force to study the feasibility of transferring city-owned wetlands to the jurisdiction of the New York City Department of Parks and Recreation. On March 31, 2005, the Committee on Parks and Recreation held a joint hearing with the Committee on Environmental Protection on previous versions of the legislation. In light of testimony received at and information received subsequent to the hearing, the bill was changed to the form in which is exists today.
II. Background
Wetlands are among the most productive ecosystems in the world -- for example, wetlands such as intertidal or salt marshes are comparable in ecological productivity to rainforests. “Often called ‘nurseries of life,’ wetlands provide habitat for thousands of species of aquatic and terrestrial plants and animals.”[1] They provide values that no other ecosystem can, including natural water quality improvement, flood protection, shoreline erosion control and opportunities for recreation and aesthetic appreciation.[2] In New York City, there are approximately fourteen square miles of wetlands, where more than 100 square miles once existed.[3] An outstanding example of wetlands in the City with ecological, water quality improvement, and recreational and aesthetic significance is those found in or near Jamaica Bay. Assessing the feasibility of transferring City-owned wetlands to the Department of Parks and Recreation is an important endeavor since the transfer of such properties to the Department would help to ensure their protection in perpetuity and thus maintain their environmental, economic and other benefits to New York City.
III. Analysis of Int. No. 566-A
Section one of Int. No. 566-A provides the legislative findings and intent of the legislation.
Subdivision (a) of section two of Int. No. 566-A creates a temporary task force, which is to advise the Mayor of the City of New York and the Speaker of the Council of the City of New York as to the technical, legal, environmental and economical feasibility of a transfer of City-owned wetland areas, including, but not limited to, those listed in existing inventories, to the Department of Parks and Recreation.
Subdivision (b) provides that the task force shall be comprised of seven members, three of whom shall be appointed by the Speaker of the Council and four by the Mayor, which shall be appointed within sixty days of the enactment of this local law and shall serve without compensation. The chairperson shall be elected from amongst the members and any vacancy shall be filled in the same manner as the original appointment for the remainder of the unexpired term. The Commissioners of Environmental Protection and Parks and Recreation may provide staff to assist the task force.
Subdivision (c) states that the task force members shall serve for a period of nine months, after which time such task force shall cease to exist.
Subdivision (d) requires the task force to submit a report containing its conclusions and recommendations to the Mayor and the Speaker of the Council no later than three months before the expiration of the task force.
Subdivision (e) provides that the Mayor, or his or her designee, shall submit a report to the Speaker of the Council no later than six months after the submission of the task force report, regarding the transfer of City-owned wetlands to the Department of Parks and Recreation deemed feasible for such transfer by the task force.
Section three of Int. No. 566-A states that this local law shall take effect immediately upon its enactment.
IV. Comparison of Int. No. 566-A to Int. No. 566
In addition to minor stylistic and technical changes, the legislation was changed as follows:
Additional language was added to the legislative findings and intent, including
a list of existing wetland inventories.
Subdivision (a) was amended to provide that the City-owned wetland areas to be assessed include, but are not limited to, those listed in existing inventories.
Subdivision (b) was amended to provide that the task force members shall be appointed within sixty days of enactment of the legislation, rather than within thirty days, and any vacancy shall be filled in the same manner as the original appointment for the remainder of the unexpired term, rather than within fourteen days. The Commissioners of Environmental Protection and Parks and Recreation may provide staff to assist the task force, but are not required to do so.
Subdivision (c) was amended to provide that the members of the task force shall serve for a period of nine months, after which such task force shall cease to exist, rather than serve for a period of eighteen months.
Subdivision (d) was amended to provide that the task force shall submit a report containing its conclusions and recommendations no later than three months before the expiration of the task force, or six months after the task force members are appointed, rather than six months before such expiration, or one year after such appointments are made.
A new subdivision (e) was added to the legislation, which provides that no later than six months after the submission of the report by the task force, the Mayor, or his or her designee, shall report to the Speaker of the Council regarding the transfer of City-owned wetland areas to the Department of Parks and Recreation, for those areas for which such transfer was deemed feasible by the task force.