S T A T E O F N E W Y O R K
________________________________________________________________________
6487
2013-2014 Regular Sessions
I N A S S E M B L Y
April 4, 2013
___________
Introduced by M. of A. CORWIN -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
inter-governmental pollution control compacts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 21 of the environmental conservation law is amended
by adding a new title 18 to read as follows:
TITLE 18
INTER-GOVERNMENTAL POLLUTION CONTROL COMPACTS
SECTION 21-1801. INTER-GOVERNMENTAL POLLUTION CONTROL COMPACTS.
S 21-1801. INTER-GOVERNMENTAL POLLUTION CONTROL COMPACTS. 1. THE STATE
SHALL NOT ENTER INTO ANY COMPACT, PROGRAM, MEMORANDUM OF UNDERSTANDING,
OR OTHER LEGAL AGREEMENT WHICH ADDRESSES POLLUTION CONTROL OF ANY KIND,
WITH ANY OTHER GOVERNMENT, DOMESTIC OR FOREIGN, UNLESS SUCH COMPACT,
PROGRAM, MEMORANDUM OF UNDERSTANDING, OR OTHER LEGAL AGREEMENT IS
ENACTED THROUGH THE PASSAGE OF ENABLING LEGISLATION. ANY RETROACTIVE
COMPACT, PROGRAM, MEMORANDUM OF UNDERSTANDING, OR OTHER LEGAL AGREEMENT
WHICH ADDRESSES POLLUTION CONTROL OF ANY KIND THAT IS ENTERED INTO SOLE-
LY THROUGH EXECUTIVE REGULATORY ACTION SHALL BE NULLIFIED IN ADHERENCE
TO THE PROVISIONS OF THIS SECTION, UNLESS OTHERWISE APPROVED BY THE
LEGISLATURE.
2. THE DEPARTMENT SHALL IDENTIFY ALL INTER-GOVERNMENTAL POLLUTION
CONTROL COMPACTS WHICH WERE ENTERED INTO WITHOUT LEGISLATIVE APPROVAL
AND PROVIDE THE LEGISLATURE WITH A LIST OF SUCH INTER-GOVERNMENTAL
POLLUTION CONTROL COMPACTS NO LATER THAN ONE HUNDRED EIGHTY DAYS FROM
THE TIME THIS ACT SHALL HAVE BECOME LAW.
3. FAILURE TO APPROVE AN INTER-GOVERNMENTAL POLLUTION CONTROL COMPACT
BY VOTE OF THE LEGISLATURE WITHIN THREE HUNDRED SIXTY-FIVE DAYS OF THE
RECEIPT OF THE DEPARTMENT'S LIST SHALL RESULT IN SUCH COMPACT'S NULLIFI-
CATION.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.