Bill S5139-2011

Repeals the Champlain Basin Compact, the Mid-Atlantic States Air Pollution Control Compact and the Delaware River Basin Water Commission Compact

Repeals the Champlain Basin Compact, the Mid-Atlantic States Air Pollution Control Compact and the Delaware River Basin Water Commission Compact; makes conforming changes.

Details

Actions

  • Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
  • May 3, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S5139

TITLE OF BILL: An act to amend the environmental conservation law, in relation to making technical corrections thereto and to repeal titles 11, 15 and 17 of article 21 of the environmental conservation law relating to the Champlain Basin Compact, the Mid-Atlantic States Air Pollution Control Compact and the Delaware River Basin Water Commission Compact

PURPOSE: To clean up and clarify the Environmental Conservation Law by repealing certain outdated sections which relate to proposed interstate compacts that were never established.

SUMMARY OF PROVISIONS: This hill would repeal the following titles within the Environmental Conservation Law, and make other technical amendments to reflect the repeal of these sections:

* Title 11 of Article 21 -- a 1966 law which proposed a Champlain Basin Compact;

* Title 15 of Article 21 -- a 1967 law which proposed a Mid-Atlantic States Air pollution Control Compact; and

* Title 17 of Article 21 -- a 1952 law which proposed a Delaware River Basin Water Commission Compact (not to he confused with Title 7 of Article 21, which successfully created the existing Delaware River Basin Compact).

JUSTIFICATION: This housekeeping hill would help clean up and clarify the Environmental Conservation Law. It would repeal three interstate compacts which were proposed several decades ago, but which were never established by the states. In the intervening years, other cooperative approaches have been taken to address these issues, and these three non-existent compacts are no longer necessary or relevant. It is therefore appropriate to repeal these obsolete sections of law, thereby cleaning up the statutes and helping prevent any potential confusion. This bill would repeal the following three non-existent compacts:

* Champlain Basin Compact -- This compact, which was authorized by New York in 1966, would have established an interstate commission and an interstate panel to address watershed management and orderly development of the region. Vermont passed a slightly different version of the compact in 1967. The differences between the laws of New York and Vermont were never reconciled, and this proposed compact never went into effect. Vermont repealed its authority for a Champlain Basin Compact in 1989.

Instead, other cooperative efforts have taken place, eliminating the need for this interstate compact. In 1988, New York, Vermont and Quebec signed an agreement to foster and ensure cooperation in the management, protection and enhancement of Lake Champlain. In 1990, federal legislation created the Lake Champlain Management Conference, which developed a management plan for the Lake. The finalized management plan was adopted by the two states and the U.S. Environmental Protection Agency in October 1996.

* Mid-Atlantic States Air Pollution Control Compact -- This compact, which was authorized by New York in 1967, would have created a commission to address interstate air pollution problems. New York, New Jersey and Connecticut approved this compact; Pennsylvania and Delaware were also authorized to join.

This was one of several regional air pollution control compacts proposed by the states in the 1 960s. The federal Clean Air Act of 1963 had encouraged the states to negotiate, and with the consent of Congress, to enter into such compacts. However, none of these proposed compacts were ever approved by Congress.

Instead of the interstate compact approach, Congress pursued stronger and more comprehensive federal legislation. Several provisions of these laws took a regional approach to the problem of air pollution. For example, in accordance with the Clean Air Act of 1970, a tri-state Air Quality Region was created for part of New York, New Jersey and Connecticut. More recently, the federal Clean Air Act Amendments of 1990 provided for the establishment of the Ozone Transport Commission (comprised of New York, eleven other eastern states, the District of Columbia and the U.S. Environmental Protection Agency) to address the regional problem of ground level ozone.

* Delaware River Basin Water Commission Compact -- This compact, which was authorized by New York in 1952, would have created a commission to exercise powers relating to developing, utilizing, controlling and conserving the water resources of the Delaware River Basin. Although this compact was approved by the states of New York, New Jersey and Delaware, it failed to receive the approval of Pennsylvania and consequently never went into effect.

However, in 1961, these four states and the U.S. federal government entered into the Delaware River Basin Compact, creating the Delaware River Basin Commission (see Title 7 of Article 21 of the Environmental Conservation Law). Currently, this Commission's programs and responsibilities include pollution control, flood protection, drought management, allocation of water supply, project review and permitting, water conservation, regional planning, and recreation. Because of the existence of this compact, there is no need to maintain the earlier, unsuccessful compact version in statute.

LEGISLATIVE HISTORY:

S.2743 passed Senate in 2007 and 2008; S.2858-A passed Senate in 2005 and 2006

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5139 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________
Introduced by Sen. FARLEY -- 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 making technical corrections thereto and to repeal titles 11, 15 and 17 of article 21 of the environmental conservation law relating to the Champlain Basin Compact, the Mid-Atlantic States Air Pollution Control Compact and the Delaware River Basin Water Commission Compact THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Titles 11, 15 and 17 of article 21 of the environmental conservation law are REPEALED. S 2. Subdivisions 15, 18, 20 and 21 of section 1-0303 of the environ- mental conservation law, subdivision 15 as amended by chapter 364 of the laws of 1999 and subdivision 18 as amended by chapter 448 of the laws of 2005, are amended to read as follows: 15. As used in sections 3-0109 through 3-0115, inclusive, and sections 3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9[, 11] and 13 of article 21; article 23; title 3 of article 27; articles 43, 45 and 47; and titles 1 through 13 inclusive and title 33 of article 71 applicable to these provisions, "local public corporation" shall mean any "municipal corporation" or "district corporation" as defined in subdivisions two and three of section sixty-six of the general construction law. 18. "Person" shall mean any individual, public or private corporation, political subdivision, government agency, department or bureau of the state, municipality, industry, co-partnership, association, firm, trust, estate or any other legal entity whatsoever. Provided, however, that for purposes of sections 3-0109 through 3-0115 inclusive, and sections 3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9[, 11] and 13 of article 21; article 23; articles 43, 45 and 47; sections 57-0121 and 57-0123 of article 57; and titles 1 through 13 inclusive and
title 33 of article 71 applicable to these provisions, "person" means any individual, firm, co-partnership, association or corporation other than the state and a "public corporation". 20. As used in sections 3-0109 through 3-0115 inclusive, and sections 3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9[, 11] and 13 of article 21; article 23; title 3 of article 27; articles 43, 45 and 47; and titles 1 through 15 inclusive and title 33 of article 71 applicable to these provisions, "public corporation" shall mean "public corporation" as defined in [subdivision 1 of section 3 of the General Corporation Law] SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW and includes all public authorities. 21. As used in sections 3-0109 through 3-0115 inclusive, and sections 3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9[, 11] and 13 of article 21; article 23; title 3 of article 27; articles 43, 45 and 47; and titles 1 through 15 inclusive and title 33 of article 71 applicable to these provisions, "state public corporation" shall mean public benefit corporation to which the Governor appoints a majority of the members. A person who is a member of a public corporation by virtue of holding another state office shall be deemed to be selected as a member of the public benefit corporation in the manner in which he was selected for such other office. S 3. Section 3-0307 of the environmental conservation law is amended to read as follows: S 3-0307. Acquisition of federal lands. The State of New York may acquire from the United States of America by gift, lease or purchase or otherwise, and subject to such conditions as may be prescribed by the United States of America, lands suited for reforestation, game management, fish propagation, park purposes and/or any other activities permitted by sections 3-0109 through 3-0115 inclu- sive, and sections 3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9[, 11] and 13 of article 21; article 23; title 3 of article 27; articles 43, 45 and 47; and titles 1 through 15 inclusive and title 33 of article 71 applicable to these provisions and may by written order of the commissioner filed in the office of the department, assign and transfer at anytime, wholly or in part, the direct jurisdic- tion and control of any such lands to one or more divisions of the department to be administered in connection with any of the various activities permitted by such provisions. Upon the assignment of such lands to a division and notwithstanding any other provision of law, such division may expend any funds appropriated for such activities in the development, maintenance and operation of lands so acquired. S 4. Section 71-0501 of the environmental conservation law, as amended by chapter 550 of the laws of 1980, is amended to read as follows: S 71-0501. Applicability of this title. This title shall apply to sections 3-0109 through 3-0115 inclusive and sections 3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9[, 11] and 13 of article 21; articles 23 and 24; and articles 43, 45 and 47 of this chapter. S 5. This act shall take effect immediately.

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