S T A T E O F N E W Y O R K
________________________________________________________________________
8829
2009-2010 Regular Sessions
I N A S S E M B L Y
June 10, 2009
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Environmental Conservation
AN ACT to establish the bi-state Long Island sound commission, and
providing for its powers and duties; and to amend chapter 690 of the
laws of 1988, creating the bi-state Long Island sound marine resources
committee, in relation to the powers of the bi-state Long Island sound
commission
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature hereby finds that Long
Island sound is a precious and sensitive natural resource providing the
states of Connecticut and New York with a source of environmental beau-
ty, marine resources, transportation, industry and recreation. These
states share ownership and stewardship of Long Island sound. Decisions
of one state may impact directly or indirectly on the residents of the
other state. Significant projects may require approval from state or
local agencies in both states. Proposed projects to address energy
supply and energy demand of both states potentially affect Long Island
sound. Cooperative planning to address such energy supply and demand
would greatly reduce the impact of such proposed projects on Long Island
sound. The waters and industrial uses of the lower Hudson River valley
similarly affect the quality of Long Island sound.
S 2. Establishment of commission and membership thereof. There is
hereby established a bi-state Long Island sound commission which shall
consist of the governors of the states of Connecticut and New York, or
their designees, and in addition, seven members who are residents of
Connecticut and seven members who are residents of New York.
(a) The seven Connecticut members shall be appointed to two-year terms
as follows:
(1) one appointed by the governor of the state of Connecticut;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14230-02-9
A. 8829 2
(2) one appointed by the president pro tempore of the senate of the
state of Connecticut;
(3) one appointed by the majority leader of the senate of the state of
Connecticut;
(4) one appointed by the minority leader of the senate of the state of
Connecticut;
(5) one appointed by the speaker of the house of representatives of
the state of Connecticut;
(6) one appointed by the majority leader of the house of represen-
tatives of the state of Connecticut; and
(7) one appointed by the minority leader of the house of represen-
tatives of the state of Connecticut.
(b) The seven New York members shall be appointed to two-year terms as
follows:
(1) one appointed by the governor;
(2) two appointed by the temporary president of the senate;
(3) one appointed by the minority leader of the senate;
(4) two appointed by the speaker of the assembly; and
(5) one appointed by the minority leader of the assembly.
(c) The governors of the states of Connecticut and New York, or their
designees, shall serve as co-chairpersons of said commission, ex-offi-
cio, unless the commission members select other chairpersons by majority
vote. In no event shall the co-chairpersons be from the same state.
S 3. Duties of the commission. The bi-state Long Island sound commis-
sion shall:
(a) review and consider major environmental, ecological and energy
issues involving Long Island sound and the lower Hudson River valley,
provided the commission's review and consideration of issues involving
such valley shall be limited to issues in the valley that affect Long
Island sound; (b) seek consensus on strategies and policies concerning
such issues; and (c) make recommendations for administrative and legis-
lative action to implement such strategies and policies. Said commission
shall meet not later than October 1, 2009, and not less than quarterly
thereafter, at a time, date and place to be determined by the co-chair-
persons.
S 4. Administration. The bi-state Long Island sound commission shall
be within the Department of Environmental Protection of the state of
Connecticut and the department of environmental conservation of New York
for administrative purposes only, and the expenses for said commission
shall be borne equally by the states of Connecticut and New York.
S 5. Preemption. Nothing in this act shall be construed to supplant or
supersede any statutory or regulatory authority of any state or munici-
pal agency concerning projects, policies or activities of said commis-
sion.
S 6. 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,
EXCEPT FOR ANY MAJOR ENVIRONMENTAL, ECOLOGICAL OR ENERGY ISSUE INVOLVING
LONG ISLAND SOUND AND THE LOWER HUDSON RIVER VALLEY THAT IS UNDER REVIEW
BY THE BI-STATE LONG ISLAND SOUND COMMISSION ESTABLISHED PURSUANT TO THE
CHAPTER OF THE LAWS OF 2009 THAT AMENDED THIS SECTION. In furtherance
of its responsibilities under this act, the committee shall coordinate
and recommend standardization of all laws relative to Long Island sound
and shall consider the adverse impact any action proposed in or for Long
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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 legislatures of the respective states on or before February
fifteenth.
S 7. 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; provided, however, that
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 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 44 of the legislative
law and section 70-b of the public officers law.