Assembly Bill A698

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   698

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. HOYT, SCHROEDER -- read once and referred to the
  Committee on Local Governments

AN ACT to amend the general municipal law, in relation to  enacting  the
  Erie county compact act

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

  Section 1.  Legislative  findings.  The  legislature  finds  that  the
economic  challenges including urban population decline and urban disin-
vestment in Erie county require a maximum effort be made to bring  about
efficiencies in land use patterns, transportation and economic revitali-
zation. The legislature further finds that these efficiencies need to be
based  on  advancing common interests throughout Erie county between and
amongst the local governments thereof and that  advancing  these  common
interests  will  benefit  the public welfare of all the citizens of Erie
county and the state.
  S 2. Short title. This act shall be known and  may  be  cited  as  the
"Erie county compact act".
  S  3.  Article 5-G of the general municipal law is amended by adding a
new section 119-oooo to read as follows:
  S 119-OOOO. ERIE COUNTY COMPACT. 1. AS USED IN THIS SECTION, THE TERM:
  A. "COUNTY" SHALL MEAN ERIE COUNTY.
  B. "COUNTY EXECUTIVE" SHALL MEAN THE COUNTY EXECUTIVE OF ERIE COUNTY.
  C. "COMPACT" SHALL MEAN THE COUNTYWIDE COMPACT PLAN  CREATED  PURSUANT
TO THIS SECTION.
  D.  "CORPORATION"  SHALL  MEAN  THE NOT-FOR-PROFIT CORPORATION CREATED
PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  E. "PARTICIPATING COMMUNITIES" SHALL MEAN THE COUNTY AND  ALL  CITIES,
TOWNS AND VILLAGES THAT HAVE RATIFIED AND ADOPTED THE COMPACT.
  2.  THE  COUNTY  EXECUTIVE OF ERIE COUNTY SHALL CONVENE THE MAYORS AND
SUPERVISORS OF THE CITIES, TOWNS AND VILLAGES  WITHIN  THE  COUNTY.  THE

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

                                                           LBD02880-01-9

A. 698                              2

COUNTY  EXECUTIVE AND SUCH OFFICERS SHALL ORGANIZE THROUGH CREATION OF A
NOT-FOR-PROFIT CORPORATE ENTITY TO PREPARE,  OR  CAUSE  TO  BE  PREPARED
WITHIN  EIGHTEEN MONTHS IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF THIS
SECTION, A COUNTYWIDE COMPACT PLAN. INITIALLY, THE MEMBERS OF THE CORPO-
RATION SHALL BE THE COUNTY EXECUTIVE AND THE MAYORS AND TOWN SUPERVISORS
OF  EACH  OF  THE  CITIES,  TOWNS AND VILLAGES WITHIN ERIE COUNTY.   THE
GOVERNOR SHALL APPOINT ONE NON-VOTING MEMBER TO THE CORPORATION.    UPON
APPROVAL  OF  THE  COMPACT  THE  MEMBERS OF THE CORPORATION SHALL BE THE
COUNTY EXECUTIVE AND THE MAYORS AND  TOWN  SUPERVISORS  OF  THE  CITIES,
TOWNS  AND VILLAGES THAT HAVE PARTICIPATING COMMUNITY STATUS. THE PRESI-
DENT OF THE CORPORATION SHALL BE THE COUNTY EXECUTIVE OF ERIE COUNTY AND
THE VICE-PRESIDENT SHALL BE THE MAYOR  OF  THE  CITY  OF  BUFFALO.    NO
MEMBER,  OFFICER  OR  EMPLOYEE  OF THE CORPORATION SHALL BE DISQUALIFIED
FROM HOLDING ANY OTHER PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR  SHE
FORFEIT ANY SUCH OFFICE OR EMPLOYMENT BY REASON OF HIS OR HER MEMBERSHIP
IN  THE  CORPORATION,  NOTWITHSTANDING  THE  PROVISIONS  OF ANY GENERAL,
SPECIAL OR LOCAL LAW, ORDINANCE OR CITY CHARTER.
  3. THE COMPACT SHALL BE DESIGNED TO:
  A. ACCELERATE THE COUNTY'S ECONOMY THROUGH A UNIFIED ECONOMIC DEVELOP-
MENT PROGRAM;
  B. INTEGRATE LAND USE AND TRANSPORTATION PLANNING AND  DEVELOPMENT  IN
ORDER TO FACILITATE AND ACCOMMODATE REGIONAL GROWTH IN A SUSTAINABLE AND
EQUITABLE  WAY IN APPROPRIATE PATTERNS OF RESIDENTIAL, COMMERCIAL, AGRI-
CULTURAL AND INDUSTRIAL DEVELOPMENT AND REDEVELOPMENT;
  C. FACILITATE THE AVAILABILITY OF AFFORDABLE HOUSING AND MIXED  INCOME
HOUSING  LOCATED  WITH  PEDESTRIAN  AND  TRANSIT ACCESS TO COMMUNITY AND
COMMERCIAL ACTIVITIES; AND
  D. IMPLEMENT THE STATE'S QUALITY COMMUNITY GOALS, AS APPROPRIATE,  FOR
ALL COMMUNITIES IN THE COUNTY.
  4.  A.  THE  COMPACT SHALL ADDRESS, PROVIDE FOR AND INCLUDE BUT NOT BE
LIMITED TO, THE FOLLOWING:
  (1) STATEMENT OF OBJECTIVES, POLICIES AND STANDARDS AS THEY PERTAIN TO
THE PURPOSES OF THIS SECTION.
  (2) IDENTIFICATION AND MAPPING OF CRITICAL RESOURCE  AREAS,  INCLUDING
BUT  NOT LIMITED TO, ECOLOGICALLY FRAGILE LANDS, SIGNIFICANT SHORE LANDS
OF LAKES AND STREAMS, FRESHWATER WETLANDS, GROUNDWATER,  WILDLIFE  HABI-
TATS,  UNIQUE  SCENIC AND HISTORIC FEATURES AND RARE OR VALUABLE ECOSYS-
TEMS AND GEOLOGICAL FORMATIONS.
  (3) IDENTIFICATION OF LAND SUITABLE FOR AGRICULTURAL  USE  OR  SIGNIF-
ICANT FOR OPEN SPACE PURPOSES.
  (4)  IDENTIFICATION OF LANDS FOR DEVELOPMENT OR REDEVELOPMENT SUITABLE
FOR INDUSTRIAL, MANUFACTURING,  OFFICE,  COMMERCIAL  OR  OTHER  ECONOMIC
DEVELOPMENT USES.
  (5)  IDENTIFICATION  AND  LOCATION  OF  EXISTING AND CURRENTLY PLANNED
MAJOR TRANSPORTATION, UTILITY AND COMMUNITY FACILITIES.
  (6) IDENTIFICATION OF DEMOGRAPHIC INFORMATION FOR PURPOSES,  INCLUDING
BUT  NOT  LIMITED  TO,  IDENTIFYING SCHOOL, HOUSING, SOCIAL SERVICES AND
OTHER NEEDS OF THE POPULATION OF THE COUNTY.
  (7) IDENTIFICATION OF NEW, EXPANDED OR RESTORED PUBLIC  INFRASTRUCTURE
NECESSARY FOR MEETING THE PUBLIC NEEDS OF ALL ELEMENTS OF THE COUNTY AND
A  PROJECTS  SCHEDULE FOR IMPLEMENTING THE PROVISION OF SUCH INFRASTRUC-
TURE.
  (8) AN INTERGOVERNMENTAL COORDINATION AND CONSISTENCY COMPONENT ESTAB-
LISHING PROCEDURES AND ACTIONS FOR STATE AND LOCAL PROGRAMS AND POLICIES
TO BE COORDINATED TO ADVANCE THE PURPOSES OF THE COMPACT.

A. 698                              3

  (9) IDENTIFICATION OF  PROJECTS  THAT  ARE  DEVELOPMENTS  OF  REGIONAL
SIGNIFICANCE.
  B. IN ADDITION, THE COMPACT SHALL HAVE THE FOLLOWING ELEMENTS:
  (1)  A  FINANCIAL  ELEMENT  ANALYZING THE PUBLIC AND PRIVATE COSTS FOR
IMPLEMENTING THE COMPACT INCLUDING  DETAILED  COSTS  FOR  INFRASTRUCTURE
IMPROVEMENTS AND EQUITABLE SOURCES OF REVENUE FOR MEETING SUCH COSTS.
  (2)  A  UNIFIED  ECONOMIC  DEVELOPMENT ELEMENT INCLUDING STANDARDS AND
CRITERIA FOR PROVISION OF TAX AND SUBSIDY DEVELOPMENT INCENTIVES.
  (3) A HOUSING ELEMENT PROVIDING FOR PUBLIC AND PRIVATE ACTIONS  NECES-
SARY TO PROVIDE FAIR SHARE, MIXED INCOME HOUSING WITHIN THE COUNTY.
  (4) MINIMUM LAND USE STANDARDS FOR ADOPTION OF THE COMPACT.
  (5)  GUIDELINES  AND  STANDARDS  FOR  REVIEW  OF  PROJECTS OF REGIONAL
SIGNIFICANCE THAT BECAUSE OF THEIR CHARACTER, SCALE OR INTENSITY  AND/OR
LOCATION  ARE  SIGNIFICANT  TO  THE  SUCCESSFUL  IMPLEMENTATION  OF  THE
COMPACT.
  (6) RECOMMENDATIONS FOR LEGISLATION AT THE STATE, COUNTY OR  MUNICIPAL
LEVEL, AS MAY BE NECESSARY TO FULLY IMPLEMENT THE COMPACT.
  5.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, THE CORPO-
RATION SHALL BE THE LEAD AGENCY FOR  THE  GENERIC  ENVIRONMENTAL  IMPACT
STATEMENT FOR THE COMPACT.
  6. IN PREPARATION OF THE COMPACT, THE CORPORATION SHALL:
  A.  CONSULT  WITH  APPROPRIATE OFFICIALS OF LOCAL, REGIONAL, STATE AND
FEDERAL AGENCIES WITH JURISDICTION OR ACTIVITIES WITHIN THE COUNTY; AND
  B. CONSULT WITH  INTERESTED  PROFESSIONAL,  SCIENTIFIC,  BUSINESS  AND
CIVIC ORGANIZATIONS.
  7.  WITHIN  TWELVE  MONTHS IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF
THIS SECTION THE CORPORATION SHALL PUBLISH A DRAFT COMPACT  AND  GENERIC
ENVIRONMENTAL  IMPACT STATEMENT AND WITHIN THREE MONTHS OF SUCH PUBLICA-
TION THE CORPORATION SHALL SUBMIT SUCH DOCUMENTS TO THE  LOCAL  LEGISLA-
TIVE  BODIES OF THE COUNTY AND EACH CITY, TOWN AND VILLAGE IN THE COUNTY
AND HOLD NOT LESS THAN THREE INFORMATION MEETINGS IN DIFFERENT AREAS  OF
THE  COUNTY.  THE  CORPORATION  SHALL  REVIEW COMMENTS THEREON, MAKE ANY
APPROPRIATE CHANGES IN RESPONSE AND PREPARE A DRAFT SUPPLEMENTAL GENERIC
ENVIRONMENTAL IMPACT STATEMENT AND FINAL  GENERIC  ENVIRONMENTAL  IMPACT
STATEMENT. THEREUPON THE CORPORATION SHALL SUBMIT A FINAL COMPACT TO THE
LEGISLATIVE  BODY  OF THE COUNTY AND EACH CITY, TOWN AND VILLAGE FOR ITS
RATIFICATION AND ADOPTION. FAILURE OF A LOCAL LEGISLATIVE BODY TO RATIFY
AND ADOPT THE COMPACT WITHIN THREE MONTHS OF ITS FORMAL DELIVERY  TO  IT
BY  THE  CORPORATION  SHALL  BE DEEMED TO BE A REJECTION OF THE COMPACT.
UPON RATIFICATION AND ADOPTION BY  THE  COUNTY  AND  CITIES,  TOWNS  AND
VILLAGES  WITH  TWO-THIRDS  OF THE POPULATION OF THE COUNTY, THE COMPACT
SHALL BE DEEMED ADOPTED AND IN FULL FORCE AND  EFFECT.  THE  COUNTY  AND
CITIES,  TOWNS  AND VILLAGES RATIFYING AND ADOPTING THE COMPACT SHALL BE
CONSIDERED PARTICIPATING COMMUNITIES WITH ALL  RIGHTS  AND  RESPONSIBIL-
ITIES UNDER THIS SECTION AND THE COMPACT.
  8.  WITHIN  THREE MONTHS OF THE EFFECTIVE DATE OF THE COMPACT, PARTIC-
IPATING COMMUNITIES SHALL ADOPT AND AMEND  AS  NECESSARY  LAND  USE  AND
ZONING  REGULATIONS,  BY  LOCAL  LAW OR ORDINANCE, RULE OR REGULATION TO
CONFORM THEIR LAND USE REGULATIONS TO THE COMPACT.  SUCH  ACTIONS  SHALL
NOT BE SUBJECT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW IF
IT  IS IN CONFORMANCE WITH THE CONDITIONS AND THRESHOLDS OF THE COMPACT.
AT LEAST THIRTY DAYS BEFORE ADOPTION THEREOF, THE PARTICIPATING COMMUNI-
TY SHALL SUBMIT THE PROPOSED LEGISLATIVE ACTION TO THE  CORPORATION  FOR
REVIEW  AND  APPROVAL. WITHIN TEN DAYS OF RECEIPT OF SUCH PROPOSED REGU-
LATIONS, THE CORPORATION SHALL REVIEW AND APPROVE SUCH PROPOSED  ACTION,
OR  IF  IT  DOES  NOT APPROVE SUCH PROPOSED ACTION, IT SHALL RETURN SUCH

A. 698                              4

PROPOSED ACTION WITH COMMENTS ON WHAT NEEDS TO  BE  DONE  TO  MAKE  SUCH
PROPOSED  ACTION  APPROVABLE.  FOR  EACH  PARTICIPATING  COMMUNITY,  THE
COMPACT SHALL BE DEEMED TO BE IMPLEMENTED UPON ADOPTION  OF  CORPORATION
APPROVED  LAND  USE  REGULATIONS.    UPON FINDING THAT APPROVED LAND USE
REGULATIONS HAVE BEEN CHANGED OR HAVE NOT BEEN IMPLEMENTED BY THE  MUNI-
CIPALITY  IN  A  MANNER  SUBSTANTIALLY  CONSISTENT WITH THE COMPACT, THE
CORPORATION SHALL WITHDRAW APPROVAL OF THE LAND USE REGULATIONS AND  THE
NON-COMPLYING MUNICIPALITY SHALL LOSE ITS PARTICIPATING COMMUNITY STATUS
UNDER THIS SECTION. SUCH WITHDRAWAL OF APPROVAL SHALL NOT BE MADE BEFORE
FOURTEEN  DAYS  AFTER  THE  CORPORATION  HOLDS  A  PUBLIC HEARING IN THE
AFFECTED MUNICIPALITY ON THE PROPOSED WITHDRAWAL. NOTICE OF SUCH HEARING
SHALL BE PUBLISHED IN A NEWSPAPER WITH GENERAL CIRCULATION  WITHIN  SUCH
AFFECTED  MUNICIPALITY  AND  GIVEN  BY  REGISTERED  MAIL TO THE AFFECTED
SUPERVISOR OR MAYOR.
  9. A. THE CORPORATION SHALL HAVE JURISDICTION TO  REVIEW  AND  APPROVE
ALL  PROPOSED  DEVELOPMENT OF REGIONAL SIGNIFICANCE AS IDENTIFIED IN THE
COMPACT AND ANY OTHER DEVELOPMENT FOUND BY THE CORPORATION  AFTER  PETI-
TION  TO  THE  PRESIDENT  OF THE CORPORATION TO HAVE SIGNIFICANT ADVERSE
IMPACT ON PURPOSES AND IMPLEMENTATION OF THE COMPACT. ANY MEMBER OF  THE
CORPORATION  MAY  PETITION THE CORPORATION FOR THE CORPORATION TO ASSERT
REVIEW JURISDICTION OVER A PROPOSED DEVELOPMENT WHICH IS NOT  A  PROJECT
OF  REGIONAL  SIGNIFICANCE  BUT  HAS A SIGNIFICANT ADVERSE IMPACT ON THE
PURPOSES OF THE COMPACT. IF THE CORPORATION  BY  MAJORITY  VOTE  ASSERTS
JURISDICTION  SUCH  PROJECT  OR ACTION SHALL BE SUBJECT TO REVIEW BY THE
CORPORATION. FOR THE PURPOSES OF REVIEW AND IDENTIFICATION  OF  PROJECTS
COMING  UNDER  THE  JURISDICTION OF THE CORPORATION, THE COUNTY PLANNING
OFFICE SHALL ADVISE THE CORPORATION WITH RESPECT TO SUCH PROPOSED DEVEL-
OPMENT. TO THE FULLEST EXTENT POSSIBLE, THE  CORPORATION  SHALL  CONSOL-
IDATE  AND  COORDINATE ITS REVIEW WITH THE APPROPRIATE LOCAL GOVERNMENT.
AN APPLICANT FOR DEVELOPMENT OF REGIONAL SIGNIFICANCE OR FOR DEVELOPMENT
OTHERWISE BEFORE THE CORPORATION SHALL  APPLY  TO  THE  CORPORATION  FOR
APPROVAL  OF  THE  DEVELOPMENT. APPLICATIONS SHALL BE MADE TO THE CORPO-
RATION ON FORMS AND IN SUCH MANNER AS THE CORPORATION SHALL DESIGNATE.
  B. THE CORPORATION BY MAJORITY VOTE MUST MAKE A  DECISION  WITHIN  ONE
HUNDRED  TWENTY  DAYS  OF  THE RECEIPT OF A COMPLETE APPLICATION. IF THE
CORPORATION FAILS TO MAKE A DECISION WITHIN ONE HUNDRED TWENTY DAYS, THE
DEVELOPMENT SHALL BE DEEMED TO BE APPROVED BY  THE  CORPORATION,  UNLESS
EXTENDED  BY  MUTUAL AGREEMENT OF THE APPLICANT AND THE CORPORATION. THE
CORPORATION MUST MAKE A DECISION  WITHIN  ONE  HUNDRED  TWENTY  DAYS  OF
ASSERTING  JURISDICTION  OVER  A  PROJECT THAT IS BEFORE THE CORPORATION
BASED ON THE PETITION BY A MEMBER OF THE CORPORATION. IF THE CORPORATION
FAILS TO MAKE A DECISION WITHIN ONE HUNDRED TWENTY DAYS OF THE  DATE  OF
ASSERTING  JURISDICTION,  THE DEVELOPMENT SHALL BE DEEMED TO BE APPROVED
BY THE CORPORATION, UNLESS EXTENDED BY MUTUAL AGREEMENT OF THE APPLICANT
AND THE CORPORATION.
  10. THE FOLLOWING INCENTIVES SHALL APPLY TO PARTICIPATING COMMUNITIES:
  A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ACTIONS  UNDER  ARTICLE
EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW IN PARTICIPATING COMMUNITIES
THAT  ARE  IN  CONFORMANCE  WITH  THE  CONDITIONS  AND THRESHOLDS OF THE
COMPACT AND GENERIC ENVIRONMENTAL IMPACT STATEMENT THEREOF SHALL REQUIRE
NO FURTHER  ENVIRONMENTAL  IMPACT  STATEMENT  WITH  RESPECT  TO  IMPACTS
ADDRESSED IN SUCH GENERIC STATEMENT. FURTHER PROJECT-SPECIFIC COMPLIANCE
WITH SUCH ARTICLE EIGHT MAY BE REQUIRED.
  B.  IN  ADDITION  TO  OTHER  MUNICIPAL  EXEMPTIONS FOR LIABILITY UNDER
SECTION THIRTEEN HUNDRED EIGHTY-NINE-E OF THE PUBLIC HEALTH LAW AND  ANY
OTHER  PROVISIONS  OF STATE LAW, NO PUBLIC CORPORATION THAT IS A PARTIC-

A. 698                              5

IPATING COMMUNITY SHALL INCUR ANY LIABILITY FROM ANY STATUTORY CLAIMS OF
THE STATE AS AN OWNER OR OPERATOR OF A CONTAMINATED SITE,  OR  A  PERSON
RESPONSIBLE  FOR  THE DISPOSAL OF A HAZARDOUS SUBSTANCE AT SUCH SITE, IF
SUCH PUBLIC CORPORATION ACQUIRED SUCH SITE INVOLUNTARILY OR VOLUNTARILY.
THIS ADDITIONAL EXEMPTION SHALL NOT APPLY TO ANY PUBLIC CORPORATION THAT
HAS  CAUSED  OR  CONTRIBUTED  TO  THE RELEASE OR THREATENED RELEASE OF A
HAZARDOUS SUBSTANCE FROM OR ONTO THE CONTAMINATED SITE, OR TO ANY PUBLIC
CORPORATION THAT GENERATED, TRANSPORTED, OR DISPOSED OF,  ARRANGED  FOR,
OR  THAT CAUSED THE GENERATION, TRANSPORTATION, OR DISPOSAL OF HAZARDOUS
SUBSTANCES, FROM OR ONTO, THE CONTAMINATED SITE.
  C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY  STATE  AGENCY  MAY
PROVIDE  IN  ITS RANKING SYSTEM FOR ALLOCATING FUNDS FOR INFRASTRUCTURE,
LAND ACQUISITION,  FARMLAND  PRESERVATION  OR  PARK,  HERITAGE  AREA  OR
HISTORIC  PRESERVATION  PROJECTS A PREFERENCE OR ADVANTAGE EQUIVALENT TO
FIVE PERCENTAGE POINTS FOR PROJECTS IDENTIFIED IN THE COMPACT.
  D. FOR ERIE COUNTY, EACH CITY, TOWN AND VILLAGE THAT IS A  PARTICIPAT-
ING  COMMUNITY AND THE NOT-FOR-PROFIT CORPORATION CREATED IN FURTHERANCE
OF THIS SECTION, THERE MAY BE DEFENSE BY AND SHALL BE INDEMNITY FROM THE
STATE IN THE EVENT OF LEGAL ACTIONS OR PROCEEDINGS BROUGHT  AGAINST  ANY
SUCH  MUNICIPALITY  OR ITS AGENTS, SERVANTS, OFFICIALS OR EMPLOYEES THAT
MAY RESULT FROM THE ADOPTION OF ANY LAND USE REGULATION,  INCLUDING  BUT
NOT  LIMITED TO, THE PROVISION OF A ZONING LAW, ORDINANCE, OR REGULATION
CONSISTENT WITH THE COMPACT AND REQUIRED BY THE  MINIMUM  STANDARDS  AND
CRITERIA  OF THE COMPACT. INDEMNITY SHALL NOT APPLY TO ANY SUCH CLAIM IN
WHICH A FINAL COURT DETERMINATION RESULTS IN A  FINDING  OF  INTENTIONAL
WRONGDOING,   RECKLESSNESS,  OR  ANY  UNLAWFUL  DISCRIMINATORY  PRACTICE
INCLUDING THE FINDING THAT A LAND USE CONTROL WAS INTENDED TO EXCLUDE  A
PARTICULAR  GROUP OR INDIVIDUAL, OR GROSS NEGLIGENCE ON THE PART OF SUCH
MUNICIPALITY OR ITS AGENTS,  SERVANTS,  OFFICIALS,  OR  EMPLOYEES.  SUCH
INDEMNITY  SHALL  BE CONDITIONED UPON (1) DELIVERY BY THE GOVERNING BODY
OR ITS AGENT AGAINST WHOM THE LEGAL ACTION OR PROCEEDING  WAS  COMMENCED
TO THE ATTORNEY GENERAL OR AN ASSISTANT ATTORNEY GENERAL AT AN OFFICE OF
THE  DEPARTMENT OF LAW THE ORIGINAL OR A COPY OF ANY SUMMONS, COMPLAINT,
PROCESS, NOTICE, DEMAND OR PLEADING WITHIN FIFTEEN DAYS AFTER SUCH DOCU-
MENT IS SERVED UPON SUCH GOVERNING BODY OR AGENT, AND (2) THE FULL COOP-
ERATION OF THE GOVERNING BODY OR ITS AGENT AGAINST WHOM  THE  ACTION  OR
PROCEEDING WAS COMMENCED IN THE DEFENSE OF SUCH ACTION OR PROCEEDING AND
IN  DEFENSE OF ANY ACTION OR PROCEEDING AGAINST THE STATE BASED UPON THE
SAME ACTION OR OMISSION, AND IN THE PROSECUTION  OF  ANY  APPEAL.  THERE
SHALL  BE NO INDEMNITY IN THE EVENT OF A SETTLEMENT BETWEEN OR AMONG THE
PARTIES TO SUCH LEGAL ACTION OR PROCEEDING IN THOSE INSTANCES  IN  WHICH
THE ATTORNEY GENERAL IS NOT PROVIDING THE DEFENSE FOR THE GOVERNING BODY
OR ITS AGENTS, UNLESS SUCH SETTLEMENT IS APPROVED BY THE ATTORNEY GENER-
AL.
  E.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY AND IN
ADDITION TO ANY EXISTING AUTHORITY THEREFOR, A  CITY,  TOWN  OR  VILLAGE
THAT  IS  A  PARTICIPATING  COMMUNITY MAY IN IMPLEMENTING LAND USE REGU-
LATIONS CONSISTENT WITH THE COMPACT ENTER INTO AN AGREEMENT TO CONDITION
A ZONING AMENDMENT.
  F. ANY  STATE  AGENCY  CONDUCTING,  FUNDING  OR  APPROVING  ACTIVITIES
DIRECTLY AFFECTING A PARTICIPATING COMMUNITY SHALL CONSULT WITH, COOPER-
ATE  WITH,  AND  COORDINATE  ITS ACTIVITIES WITH THE CORPORATION AND THE
APPROPRIATE LOCAL GOVERNMENT. ANY SUCH STATE  AGENCY  SHALL  CONDUCT  OR
SUPPORT  SUCH  ACTIVITIES  IN  A  MANNER WHICH IS, TO THE MAXIMUM EXTENT
PRACTICABLE, CONSISTENT WITH THE COMPACT.
  S 4. This act shall take effect immediately.