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

              

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  (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.