S T A T E   O F   N E W   Y O R K
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    S. 1390                                                  A. 3950

                       2009-2010 Regular Sessions

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

                            January 29, 2009
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- 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. ALESSI -- read once and referred
  to the Committee on Environmental Conservation

AN ACT to amend chapter 690 of the laws of 1988  creating  the  bi-state
  Long  Island  sound  marine resources committee, in relation to making
  conforming amendments to such chapter

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

  Section  1.  Section 1 of chapter 690 of the laws of 1988 creating the
bi-state Long Island sound marine resources  committee,  is  amended  to
read as follows:
  Section  1.  Legislative intent. In order to provide for [the] maximum
[enhancement, enjoyment and conservation of the marine resources of Long
Island sound] PUBLIC ENJOYMENT AND TO PROTECT THE NATURAL  RESOURCES  OF
LONG ISLAND SOUND, WHICH IS THREATENED BY PROPOSED INDUSTRIALIZATION AND
NEGATIVE USES, INCLUDING, BUT NOT LIMITED TO, PROPOSED PRIVATE PROJECTS,
the legislature hereby finds that the best interest of the people of the
state  and  the communities involved will be served by the establishment
of a Connecticut-New York bi-state Long Island sound [marine  resources]
committee  to  make specific recommendations concerning the maintenance,
protection and restoration of such [marine] NATURAL resources.
  S 2. Section 2 of chapter  690  of  the  laws  of  1988  creating  the
bi-state  Long  Island  sound  marine resources committee, as amended by
chapter 691 of the laws of 1988, is amended to read as follows:
  S 2. Establishment of committee and membership thereof. There is here-
by created a bi-state Long Island sound  [marine  resources]  committee.
Such  committee shall consist of eighteen members, nine of whom shall be
residents of Connecticut and nine of whom  shall  be  residents  of  New

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06051-01-9
              

S. 1390                             2                            A. 3950

York.  The  New  York  members shall be as follows: Three members of the
senate elected from the area including Nassau, Suffolk  and  Westchester
counties  and the city of New York, two to be appointed by the temporary
president  of  the senate and one to be appointed by the minority leader
of the senate; three members of  the  assembly  elected  from  the  area
including  Nassau,  Suffolk and Westchester counties and the city of New
York, two to be appointed by the speaker of the assembly and one  to  be
appointed  by  the  minority  leader  of the assembly; the governor, the
commissioner of the department of  environmental  conservation  and  the
secretary of state or their designees.
  S  3.  Section  3  of  chapter  690  of  the laws of 1988 creating the
bi-state Long Island sound marine resources committee is amended to read
as follows:
  S 3. Duties of committee; report. The committee may make  such  recom-
mendations  as  may be necessary to effectuate the purposes of this act.
In furtherance of its responsibilities under  this  act,  the  committee
[shall]  MAY  coordinate and recommend standardization of all laws rela-
tive to Long Island sound [and shall consider  the  adverse  impact  any
action  proposed  in  or  for Long Island sound may have upon the marine
resources of said sound. The committee shall prepare and submit a report
annually to the governors and the legislature of the  respective  states
on  or  before February fifteenth] INCLUDING, BUT NOT LIMITED TO, STAND-
ARDIZATION OF  JURISDICTION  OF  COASTAL  WATERS  BY  HARBOR  MANAGEMENT
COMMISSIONS,  MUNICIPAL  WATERFRONT  AUTHORITIES, MUNICIPAL CONSERVATION
COMMISSIONS, MUNICIPAL PORT AUTHORITIES AND MUNICIPAL SHELLFISH  COMMIS-
SIONS.  THE  COMMITTEE  SHALL  CONSIDER  THE  ADVERSE  IMPACT ANY ACTION
PROPOSED IN OR FOR LONG ISLAND SOUND MAY  HAVE  UPON  THE  PUBLIC  TRUST
RESOURCES OF SAID SOUND. THE COMMITTEE SHALL PREPARE AND SUBMIT A REPORT
TO  THE  GOVERNORS  AND  THE LEGISLATURES OF THE RESPECTIVE STATES ON OR
BEFORE FEBRUARY FIFTEENTH, ANNUALLY. THE REPORT SHALL  MAKE  RECOMMENDA-
TIONS  FOR  LEGISLATION REGARDING PROPOSED INDUSTRIALIZATION AND PRIVATE
USE OF PUBLIC TRUST RESOURCES OF LONG ISLAND SOUND. IN  DEVELOPING  SUCH
RECOMMENDATIONS,  THE  COMMITTEE  SHALL SEEK TO (1) AVOID, (2) MINIMIZE,
AND (3) MITIGATE THE IMPACTS  OF  SUCH  PROPOSED  INDUSTRIALIZATION  AND
PRIVATE USE OF PUBLIC TRUST RESOURCES OF SAID SOUND. FOR THE PURPOSES OF
THIS SECTION, "PUBLIC TRUST RESOURCES" SHALL INCLUDE, BUT NOT BE LIMITED
TO,  THE HISTORIC AND BROAD BOATING USE OF SAID SOUND BY THE PUBLIC, THE
RIGHT OF THE PUBLIC TO ENJOY AND EXPLORE  THE  NATURAL  BEAUTY  OF  SAID
SOUND  BY  BOAT,  THE  RIGHTS  OF THE PUBLIC AND COMMERCIAL FISHERMEN TO
HARVEST FISH AND SHELLFISH  FROM  SAID  SOUND,  THE  PROTECTION  OF  ALL
NATURAL  RESOURCES OF SAID SOUND THAT ARE HELD IN TRUST BY THE STATE FOR
THE PUBLIC, THE STEWARDSHIP AND RESTORATION OF SITES ALONG THE COAST  OF
SAID  SOUND  THAT CONTAIN IMPORTANT HABITAT OR NATURAL RESOURCES AND THE
PROTECTION OF SITES THAT PROVIDE OPPORTUNITIES FOR PUBLIC  ENJOYMENT  OF
SAID SOUND.
  S 4. Chapter 690 of the laws of 1988 creating the bi-state Long Island
sound  marine resources committee is amended by adding a new section 3-a
to read as follows:
  S 3-A. RECOMMENDATIONS OF COMMITTEE REGARDING UNIFORM SIGNS FOR  COAS-
TAL ACCESS. THE BI-STATE LONG ISLAND SOUND COMMITTEE, ESTABLISHED PURSU-
ANT TO THIS ACT, MAY SOLICIT PROPOSALS FROM ANY INTERESTED AND QUALIFIED
PARTY  FOR  A  DESIGN FOR A UNIFORM SIGN DENOTING COASTAL ACCESS TO LONG
ISLAND SOUND IN THE STATES OF CONNECTICUT AND NEW  YORK.  THE  COMMITTEE
MAY  MAKE A RECOMMENDATION REGARDING SUCH SIGNS TO THE GOVERNORS AND THE
LEGISLATURES OF THE RESPECTIVE STATES.

S. 1390                             3                            A. 3950

  S 5. Section 5 of chapter  690  of  the  laws  of  1988  creating  the
bi-state Long Island sound marine resources committee is amended to read
as follows:
  S 5. The secretary of state shall notify the legislative bill drafting
commission upon the occurrence of the enactment into law by the state of
Connecticut  of  legislation having an identical effect with this act OR
AN IDENTICAL EFFECT WITH ANY AMENDMENT TO THIS ACT, in  order  that  the
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 forty-four of  the  legislative  law
and section seventy-b of the public officers law.
  S  6.  This  act  shall take effect upon the enactment into law by the
state of Connecticut of legislation having an identical effect with this
act, but if the state of Connecticut has  already  enacted  such  legis-
lation, this act shall take effect immediately.