S T A T E O F N E W Y O R K
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11552
I N A S S E M B L Y
June 24, 2010
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Russell) --
read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
unconsolidating the Hudson River-Black River Regulating District into
the Hudson River Regulating District and the Black River Regulating
District
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 15-2109 of the environmental
conservation law is amended to read as follows:
7. The [board] BOARDS of the Hudson [river-Black] river regulating
district AND THE BLACK RIVER REGULATING DISTRICT shall have the power to
contract to sell water, upon such terms and conditions as [it] EACH
deems advisable to any or all of the counties of Albany, Columbia,
Essex, Fulton, Green, Hamilton, Rensselaer, Saratoga, Schenectady,
Warren or Washington, which counties are contained within such
[district] DISTRICTS.
S 2. Section 15-2137 of the environmental conservation law, subdivi-
sion 3 as amended by chapter 766 of the laws of 2005, is amended to read
as follows:
S 15-2137. [Hudson River-Black River Regulating District] HUDSON RIVER
REGULATING DISTRICT AND THE BLACK RIVER REGULATING
DISTRICT; old [boards] BOARD abolished; new [board] BOARDS
created.
1. The [Hudson River Regulating District and the Black River Regulat-
ing District created pursuant to this article are hereby consolidated
into a single district, to include the areas of both such districts, and
to be known as the] Hudson River-Black River Regulating District CONSOL-
IDATED PURSUANT TO THIS ARTICLE IS HEREBY UNCONSOLIDATED INTO TWO
DISTRICTS, THE HUDSON RIVER REGULATING DISTRICT AND THE BLACK RIVER
REGULATING DISTRICT.
2. Except as hereinafter provided, the board of the Hudson [River
Regulating District and the board of the Black River Regulating District
are] RIVER-BLACK RIVER REGULATING DISTRICT IS hereby abolished, and all
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17799-01-0
A. 11552 2
of the jurisdiction, functions, powers, duties and obligations possessed
or exercised by, or for which commitments have been made by, such
[boards] BOARD, including lands or property acquired, moneys of the
boards, and actions taken or determinations made by such [boards] BOARD,
[are] IS hereby transferred to, assigned to and devolved, AS APPROPRI-
ATE, upon the Hudson [River-Black River Regulating District] RIVER REGU-
LATING DISTRICT, THE BLACK RIVER REGULATING DISTRICT and [its] THE board
OF EACH SUCH REGULATING DISTRICT.
3. Notwithstanding any provision of titles 21, 23 and 25 of this arti-
cle, A. a board of the Hudson [River-Black River Regulating District]
RIVER REGULATING DISTRICT is hereby created to consist of [seven] FIVE
members to be appointed by the governor [not less than three] EACH of
whom shall be [residents] A RESIDENT of the territory comprising the
[Black River area and not less than three of whom shall be residents of
the territory comprising the] Hudson [River] RIVER area. [The governor
shall appoint one member for a term ending September 1, 1960, one for a
term ending September 1, 1961, one for a term ending September 1, 1962,
one for a term ending September 1, 1963, and one for a term ending
September 1, 1964, and thereafter, on the expiration of their respective
terms of office, appointments]
B. A BOARD OF THE BLACK RIVER REGULATING DISTRICT IS HEREBY CREATED TO
CONSIST OF FIVE MEMBERS TO BE APPOINTED BY THE GOVERNOR EACH OF WHOM
SHALL BE A RESIDENT OF THE TERRITORY COMPRISING THE BLACK RIVER AREA.
C. APPOINTMENTS shall be made for terms of five years. [The governor
shall appoint two additional board members, each of whom shall serve for
a term of five years from the effective date of his or her appointment;
provided, however, that the board members first appointed on or after
the effective date of the chapter of the laws of two thousand five which
amended this subdivision shall serve an initial term of two years from
the effective date of such appointment.] The governor shall fill any
vacancy on such board within thirty days after it occurs for the remain-
der of the term of office.
S 3. Section 15-2139 of the environmental conservation law is amended
to read as follows:
S 15-2139. Hudson [River Regulating District] RIVER REGULATING DISTRICT
and Black [River Regulating District] RIVER REGULATING
DISTRICT: transfer of functions; pending actions and
proceedings; interpretation of documents; existing rights
and remedies.
1. Except as hereinafter provided, the contracts, books, maps, plans,
papers, records and property of whatever description within the juris-
diction or under the control of the Hudson [River Regulating District or
the Black River Regulating District] RIVER-BLACK RIVER REGULATING
DISTRICT, including moneys appropriated and available to such
[districts] DISTRICT, pertaining to or used in connection with the exer-
cise or performance of the functions, powers and duties hereby trans-
ferred and assigned, shall be SPLIT AND delivered to the APPROPRIATE
secretary of EITHER the board of the Hudson [River-Black River Regulat-
ing District] RIVER REGULATING DISTRICT OR BLACK RIVER REGULATING
DISTRICT, who is hereby authorized to take possession thereof.
2. For the purposes of succession, the functions, powers and duties
transferred, assigned to, and devolving upon the Hudson [River-Black
River Regulating District] RIVER REGULATING DISTRICT AND THE BLACK RIVER
REGULATING DISTRICT shall be deemed to constitute a continuation of such
functions, powers and duties exercised by the Hudson [River Regulating
District and the Black River Regulating District] RIVER-BLACK RIVER
A. 11552 3
REGULATING DISTRICT, and the acts, orders, rules, regulations and deter-
minations of such [districts] DISTRICT shall have, and continue with,
the same force and effect as though done by or made by the Hudson
[River-Black River Regulating District] RIVER REGULATING DISTRICT OR THE
BLACK RIVER REGULATING DISTRICT.
3. Any business or matter heretofore undertaken or commenced by or
before the Hudson [River Regulating District or the Black River Regulat-
ing District] RIVER-BLACK RIVER REGULATING DISTRICT, or any action or
proceeding heretofore brought by or against such [districts] DISTRICT,
pertaining to or connected with the functions, powers and duties hereby
transferred and assigned to the Hudson [River-Black River Regulating
District] RIVER REGULATING DISTRICT AND THE BLACK RIVER REGULATING
DISTRICT may be conducted, completed, prosecuted and defended JOINTLY by
and in the [name] NAMES of the Hudson [River-Black River Regulating
District] RIVER REGULATING DISTRICT AND THE BLACK RIVER REGULATING
DISTRICT. In all such actions and proceedings the Hudson [River-Black
River Regulating District] RIVER REGULATING DISTRICT AND THE BLACK RIVER
REGULATING DISTRICT, upon application to the court, may be substituted
JOINTLY, as a party.
4. When the Hudson [River Regulating District or the Black River Regu-
lating District] RIVER-BLACK RIVER REGULATING DISTRICT is referred to or
designated in any law, contract or document, such reference or desig-
nation shall be deemed to refer to and include the Hudson [River-Black
River Regulating District] RIVER REGULATING DISTRICT AND THE BLACK RIVER
REGULATING DISTRICT so far as such law, contract or document pertains to
matters which are within [its] THE jurisdiction OF EITHER by reason of
such transfer and assignment of functions, powers and duties.
5. No existing right or remedy of any character shall be lost, or
affected by reason of the provisions of sections 15-2137, 15-2139 and
15-2141 OF THIS TITLE.
S 4. Section 15-2141 of the environmental conservation law, subdivi-
sion 2 as amended by chapter 55 of the laws of 1992, is amended to read
as follows:
S 15-2141. Hudson [River Regulating District] RIVER REGULATING DISTRICT
and Black [River Regulating District] RIVER REGULATING
DISTRICT: funds of the board.
1. Notwithstanding the consolidation AND SUBSEQUENT UNCONSOLIDATION of
the Hudson [River Regulating District and the Black River Regulating
District] RIVER-BLACK RIVER REGULATING DISTRICT into [a single district]
TWO DISTRICTS, effectuated by this title, or any other provision of
title 21 of this article, moneys constituting the respective "general
fund" or "debt service fund" or other fund or funds of either the Hudson
[River Regulating Board] RIVER REGULATING BOARD or [District] DISTRICT
or the Black [River Regulating Board] RIVER REGULATING BOARD or
[District] DISTRICT, shall remain and be kept separate and apart and
shall be applied for the cost of maintenance and operation in the area
of the appropriate district and to pay the debts and obligations of the
appropriate board or district, on whose account such moneys were
received.
2. Notwithstanding any provision of sections 15-2137 and 15-2139 or
any other provision of title 21 of this article, all moneys hereafter
received by the Hudson [River-Black River Regulating District] RIVER
REGULATING DISTRICT, THE BLACK RIVER REGULATING DISTRICT and [its] EACH
board, as [consolidated] UNCONSOLIDATED, by reason of assessments or
from the sale of obligations issued or from other source, all for the
purposes of the respective areas heretofore comprising the Hudson [River
A. 11552 4
Regulating District] RIVER REGULATING DISTRICT or the Black [River Regu-
lating District] RIVER REGULATING DISTRICT shall be kept separate and
apart and shall constitute "general funds" and "debt service funds" and
other fund or funds with the same force and effect as funds heretofore
constituted by the Hudson [River Regulating Board] RIVER REGULATING
BOARD or [District] DISTRICT and by the Black [River Regulating Board]
RIVER REGULATING BOARD or [District] DISTRICT and shall be applied sole-
ly for the cost of maintenance and operation in the respective areas
from which the moneys were received and to pay the debts and obligations
accrued or as they become due in the areas where the debts and obli-
gations were incurred, provided, [however,] that the expenses of the
[board] RESPECTIVE BOARDS, as [consolidated by] UNCONSOLIDATED PURSUANT
TO this [part] TITLE, and of [its] THE officers and employees THEREOF
shall be paid from the appropriate "general funds" in the same propor-
tion as moneys are annually collected from the respective areas. The
provisions of section 15-2129, in so far as the same are applicable and
not inconsistent herewith, shall apply as they relate to the "general
fund", "debt service fund", and to the fund or funds of the district.
S 5. This act shall take effect on the thirtieth day after it shall
have become a law.