S T A T E   O F   N E W   Y O R K
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    S. 3931                                                  A. 7428

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              April 6, 2009
                               ___________

IN SENATE -- Introduced by Sen. MORAHAN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation

IN  ASSEMBLY  --  Introduced  by  M.  of  A. ZEBROWSKI, JAFFEE, CALHOUN,
  RABBITT -- read once and referred to the  Committee  on  Environmental
  Conservation

AN ACT enacting the "Rockland Bergen Bi-state watershed flood prevention
  and  protection  act"  and creating the Rockland Bergen Bi-state River
  Commission

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "Rockland
Bergen Bi-state watershed flood prevention and protection act".
  S 2.  The legislature finds and declares that the states of  New  York
and  New  Jersey and their respective citizens share a common concern to
protect their personal safety and property  through  the  identification
and  remediation  of  potential  flood hazards along the tributaries and
watersheds of the Hackensack River, Mahwah River, Ramapo  River,  Saddle
River, and Sparkill Brook/Creek that cross the interstate border region.
The identification and remediation of potential flood hazards requires a
bi-state   comprehensive   approach.   A  bi-state  comprehensive  flood
prevention approach will also help ensure the preservation  and  mainte-
nance  of  the environmentally beneficial impacts of the tributaries and
watersheds of the Hackensack River, Mahwah River, Ramapo  River,  Saddle
River,  and  Sparkill  Brook/Creek.   A bi-state approach will encourage
open space and recreational  opportunities  along  the  tributaries  and
watersheds  of  the Hackensack River, Mahwah River, Ramapo River, Saddle
River, and Sparkill Brook/Creek.  The  legislature  further  finds  that
there  has  been  a  long  history  of cooperation among state and local
governmental entities and various private organizations and  individuals

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09571-02-9
              

S. 3931                             2                            A. 7428

in  the  vicinity  of  the  tributaries and watersheds of the Hackensack
River,  Mahwah  River,  Ramapo  River,  Saddle   River,   and   Sparkill
Brook/Creek.
  The  legislature  therefore determines that there is a need to endorse
and formalize that bi-state cooperative effort to identify and remediate
potential flood hazards and to protect the natural,  scenic  and  recre-
ational  opportunities  of the tributaries and watersheds of the Hacken-
sack River, Mahwah River,  Ramapo  River,  Saddle  River,  and  Sparkill
Brook/Creek.  The  legislature further determines that the creation of a
bi-state commission is an appropriate means  to  accomplish  these  very
important goals.
  S 3. As used in this act, "Bi-state region" shall mean the tributaries
and  watersheds  of  the  Hackensack  River, Mahwah River, Ramapo River,
Saddle River, and Sparkill Brook/Creek, within the counties of  Rockland
in  New  York  and Bergen in New Jersey.  "Resident voter" shall mean an
individual registered to vote and who  actually  votes  in  an  election
district  within  the  county  of  Rockland in New York or the county of
Bergen in New Jersey.
  S 4. a.  There is hereby created the Rockland  Bergen  Bi-state  river
commission,  which  shall  be  comprised  of  twelve voting members. Six
members of New York shall be appointed as  follows:  one  each,  by  the
governor,  the  temporary  president  of  the senate, the speaker of the
assembly, the minority leader of the senate, and the minority leader  of
the  assembly,  of New York, all of whom shall be resident voters of the
county of Rockland, New York; and the commissioner of the New York state
department of environmental conservation  or  a  designee  thereof,  who
shall serve ex officio.  Six members of New Jersey shall be appointed as
follows:  one  each,  by  the  governor,  the temporary president of the
senate, the speaker of the assembly, the minority leader of the  senate,
and  the  minority  leader  of  the assembly, of New Jersey, all of whom
shall be resident voters from either the county  of  Bergen,  Essex,  or
Hudson;  and  the  commissioner of the New Jersey department of environ-
mental protection or a designee thereof, who  shall  serve  ex  officio.
Additionally,  the  commission  shall include six non voting members, as
follows:  the commissioner of the New York state department of transpor-
tation or a designee thereof, who shall serve ex  officio;  the  commis-
sioner  of  the  New  Jersey  department of transportation or a designee
thereof, who shall serve ex officio; the county executive of the  county
of  Rockland  in New York or a designee thereof who shall serve ex offi-
cio; the county executive of the county of Bergen in New  Jersey,  or  a
designee thereof, who shall serve ex officio; a representative of United
Water  Inc.  or its successor; and a representative of the United States
army corps of engineers.
  b. Vacancies in the appointed positions on  the  commission  shall  be
filled in the same manner as the original appointments were made.
  c. Members of the commission shall serve without compensation, but the
commission  may,  within  the  limits of funds appropriated or otherwise
made available to it, reimburse members for actual expenses  necessarily
incurred in the discharge of their official duties.
  d.  Members of the commission shall serve at the pleasure of the rele-
vant appointing authority.
  S 5. a. The commission shall organize as soon as  may  be  practicable
after  the appointment of its members, and shall select two co-chairper-
sons from its members, one from each state, and a secretary who need not
be a member.

S. 3931                             3                            A. 7428

  b. The commission shall meet regularly as it may  determine.  Meetings
of  the commission shall be at such times and places as the co-chairper-
sons of the commission deem appropriate, but to the maximum extent prac-
ticable and feasible, shall be rotated between  the  two  states  on  an
alternating  basis.  Meetings held in New Jersey shall be subject to the
provisions and requirements of the "Senator Byron M.  Baer  Open  Public
Meetings Act," P.L. 1975, c. 231 (C.10:4-6 et seq). Meetings held in New
York shall be subject to the provisions and requirements of that state's
open meetings law, article 7 of the public officers law.  The commission
shall also meet at the call of either co-chairperson.
  c. A majority of the voting membership of the commission shall consti-
tute a quorum for the transaction of commission business.  Action may be
taken and motions and resolutions adopted by the commission at any meet-
ing thereof by the affirmative vote of seven members of the commission.
  d.  The commission shall request assistance, and the services of, such
employees of the two states, or any political  subdivisions,  instrumen-
talities,  entities, agencies, or authorities thereof, as it may require
and as may be made available to it for the purpose of carrying  out  its
duties  under  this  act. If requested by the commission, the New Jersey
department of environmental protection and the New York state department
of environmental conservation shall provide primary staff support.
  e. The commission may, within the  limits  of  funds  appropriated  or
otherwise  made  available to it for those purposes, employ such profes-
sional, technical, and clerical staff and incur such traveling and other
miscellaneous expenses as it may deem necessary in order to perform  its
duties.
  S 6. The duties of the commission shall be to:
  a.  assess  present  and  projected  development,  land  use, and land
management practices and patterns, and  identify  actual  and  potential
environmental  threats  and  problems,  around  the bi-state region, and
determine the effects of those  practices  and  patterns,  threats,  and
problems  upon  the  natural,  scenic, and recreational resources of the
bi-state region;
  b. develop recommended  regulations,  procedures,  policies,  planning
strategies,  and  model  ordinances  and  resolutions  pertaining to the
protection, preservation, maintenance, management,  and  enhancement  of
the  bi-state  region  which  would  be  implemented as appropriate on a
voluntary basis by those municipalities within the bi-state region;
  c.  coordinate  environmental  cleanup,  maintenance,  and  protection
efforts  undertaken,  for  the benefit of the bi-state region by munici-
palities within the bi-state region;
  d.  coordinate with the New York  State  department  of  environmental
conservation  and the New Jersey department of environmental protection,
including but not limited to, their watershed management  programs,  the
United  States Army Corps of Engineers and all municipalities within the
bi-state region.
  e. recommend appropriate state legislation and  administrative  action
pertaining to the protection, preservation, maintenance, management, and
enhancement of the bi-state region;
  f.  advocate, and where appropriate, act as a coordinating, distribut-
ing, or recipient agency for, federal,  state,  or  private  funding  of
environmental   cleanup,   maintenance,   protection   projects,   flood
prevention projects  and  flood  hazard  remediation  for  the  bi-state
region, which projects may include the work of the commission;
  g.  identify  existing  and  projected  flood  hazards in the bi-state
region;

S. 3931                             4                            A. 7428

  h. recommend, propose and coordinate a bi-state comprehensive plan  to
remediate  existing  and projected flood hazards in the bi-state region;
and
  i.  take  such  other  action  as  may  be appropriate or necessary to
further the purpose of this act.
  S 7.  The commission shall, within 18 months of the date it organizes,
and annually thereafter, prepare a progress report  on  its  activities,
and submit it, together with any recommendations for legislation, admin-
istrative  action,  or action by local governments, to the governors and
legislatures of the states of New Jersey and New York.
  S 8. The comptroller of the state of New Jersey and the comptroller of
the state of New York are hereby authorized and empowered from  time  to
time  to examine the accounts and books of the commission, including its
receipts, disbursements, and such other items referring to its financial
standing as such comptrollers may deem proper and to report the  results
of such examination to their respective governor and legislature.
  S  9.  This  act  shall take effect upon the enactment into law by the
state of New Jersey of legislation having substantially  similar  effect
with this act, but if the state of New Jersey shall have already enacted
such  legislation, this act shall take effect immediately; provided that
the Rockland Bergen bi-state river commission shall notify the  legisla-
tive  bill  drafting  commission upon the occurrence of the enactment of
the legislation provided for in this act in order that  the  legislative
bill  drafting  commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New  York  in
furtherance of effecting the provisions of section 44 of the legislative
law and section 70-b of the public officers law.