S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2423
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. ENGLEBRIGHT, D'URSO -- 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.
   § 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.
                                                            LBD06912-01-9
              

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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.
   § 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, 2020, and not less than quarterly
 thereafter, at a time, date and place to be determined by the  co-chair-
 persons.
   §  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.
   § 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.
   § 6. Section 3 of chapter 690  of  the  laws  of  1988,  creating  the
 bi-state  Long  Island  sound  marine resources committee, as amended by
 chapter 33 of the laws of 2011, is amended to read as follows:
   § 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 2019 THAT AMENDED THIS SECTION.   In  furtherance
 of its responsibilities under this act, the committee may coordinate and
 recommend  standardization  of  all  laws  relative to Long Island sound
 including, but not limited to, standardization of jurisdiction of  coas-

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 tal  waters  by  harbor  management  commissions,  municipal  waterfront
 authorities, municipal conservation commissions, municipal port authori-
 ties and municipal shellfish commissions. The committee  shall  consider
 the  adverse  impact any action proposed in or for Long Island sound may
 have upon the public trust resources of said sound. The committee  shall
 prepare and submit a report to the governors and the legislatures of the
 respective  states on or before February fifteenth, annually. The report
 shall make recommendations for legislation regarding proposed  industri-
 alization  and  private  use  of  public  trust resources of Long Island
 sound. In developing such recommendations, the committee shall  seek  to
 (1)  avoid,  (2) minimize, and (3) mitigate the impacts of such proposed
 industrialization and private use of  public  trust  resources  of  said
 sound.  For the purposes of this section, "public trust resources" shall
 include, but not be limited to, the historic and broad  boating  use  of
 said  sound  by the public, the right of the public to enjoy and explore
 the natural beauty of said sound by boat, the rights of the  public  and
 commercial  fishermen to harvest fish and shellfish from said sound, the
 protection of all natural resources of said sound that are held in trust
 by the state for the public, the stewardship and  restoration  of  sites
 along  the coast of said sound that contain important habitat or natural
 resources and the protection of sites  that  provide  opportunities  for
 public enjoyment of said sound.
   §  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.