senate Bill S6127

Signed By Governor
2011-2012 Legislative Session

Provides for mutual aid to and by member states of the Northeastern Interstate Forest Fire Protection Compact and states which are members of other compacts

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2012 signed chap.414
Aug 06, 2012 delivered to governor
May 30, 2012 returned to senate
passed assembly
May 21, 2012 ordered to third reading cal.601
substituted for a9652
Feb 29, 2012 referred to environmental conservation
delivered to assembly
passed senate
Feb 14, 2012 advanced to third reading
Feb 13, 2012 2nd report cal.
Feb 07, 2012 1st report cal.188
Jan 04, 2012 referred to environmental conservation

Votes

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S6127 - Bill Details

See Assembly Version of this Bill:
A9652
Law Section:
Environmental Conservation Law
Laws Affected:
Add §9-1123 Art IX-A, En Con L

S6127 - Bill Texts

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Provides for mutual aid to and by member states of the Northeastern Interstate Forest Fire Protection Compact and states which are members of other regional forest fire protection compacts.

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BILL NUMBER:S6127

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to mutual aid
among member states and states which are members of other regional forest
fire protection compacts pursuant to the Northeastern Interstate Forest
Fire Protection Compact

PURPOSE:
The purpose of this bill is to provide for mutual aid and assistance
between New York State and any state which is party to another
regional forest fire protection compact.

SUMMARY OF PROVISIONS:
Section 1 - Amends Section 9-1123 of the environmental conservation
law by adding a new Article IX-A to make operative the mutual aid
provisions of Article IX of the Compact between New York and any
other state which is party to another regional forest fire protection
compact provided that the state has given its consent to the mutual
aid provisions of the Compact.

Section 2- Contains the effective date.

EXISTING LAW:
ECL § 9-1123 sets forth the provision of the Compact, which has been
in effect in New York since 1972. The compact currently does not
allow mutual aid between a state within the Compact and a state which
is party to another regional forest fire protection compact.

JUSTIFICATION:
This bill would allow resources to be shared between states which are
parties to other regional forest fire protection compacts. New York
has been a member of the Compact since 1949; at that time, it was the
only regional forest fire protection compact in existence. Today,
there are several regional compacts throughout the United States.
There currently is no formal mechanism through which New York can
provide resources to another state outside of the Compact, which
results in uncertainty as to liability issues and with respect to
whom assumes the cost of New York's response.

The Compact and the other regional forest fire protection compacts
include provisions for the rendering of mutual aid among member
states, including the sharing of resources and employees among member
states. The provisions clearly provide that while under the direction
of the officers of the state to which aid is being rendered, the
employees of the state rendering aid shall have the same powers,
duties, rights, privileges and immunities as the employees of the
state to which they are rendering aid. Pursuant to counsel provided
by the Council of State Governors, the member states of the Compact
as well as the other regional forest fire protection compacts have

agreed to pursue amendments to their regional compacts to allow
mutual aid to be provided to a state party to another regional forest
fire protection compact. By amending the Compact as proposed, New
York would be able to provide aid to another state outside of the
Compact, as long as that state had enacted similar language, and be
certain of receiving the benefits of the mutual aid provisions of the
Compact. Additionally, it might also allow the Department of
Environmental Conservation to obtain more cost-effective assistance
for forest fire response within New York if it
could obtain assistance from a state not a party to the Compact, such
as Pennsylvania or New Jersey.

LEGISLATIVE HISTORY:
This proposal was included as part of the 2010-11 Executive Budget,
but was not included in the enacted budget.

FISCAL IMPLICATIONS:
This bill would result in additional revenue to the state because it
provides a mechanism which currently does not exist for a state
outside of the Compact to reimburse New York for staff and equipment
the Department of Environmental Conservation sends to assist that
state in its forest fire response. It would also ensure that the
other state would assume any liability in relation to DEC's employees
rendering outside aid to that state.

EFFECTIVE DATE:
Immediately.

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

                                  6127

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to mutu-
  al aid among member states and  states  which  are  members  of  other
  regional  forest fire protection compacts pursuant to the Northeastern
  Interstate Forest Fire Protection Compact

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

  Section  1.  Section  9-1123  of the environmental conservation law is
amended by adding a new article IX-A to read as follows:
                               ARTICLE IX-A
  THE PROVISIONS OF ARTICLE IX OF THIS COMPACT WHICH  RELATE  TO  MUTUAL
AID IN COMBATING, CONTROLLING OR PREVENTING FOREST FIRES SHALL BE OPERA-
TIVE AS BETWEEN ANY MEMBER STATE AND ANY OTHER STATE WHICH IS PARTY TO A
REGIONAL FOREST FIRE PROTECTION COMPACT IN ANOTHER REGION; PROVIDED THAT
THE LEGISLATURE OF SUCH OTHER STATE SHALL HAVE GIVEN ITS CONSENT TO SUCH
MUTUAL AID PROVISIONS OF THIS COMPACT.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13297-01-1

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