S5139-2011 Actions

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

S5139-2011 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repealing certain outdated sections which relate to proposed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 Vermont repealed its authority for a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.

S5139-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5139
 2011-2012 Regular Sessions
 I N  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
 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11177-01-1
 
       S. 5139                             2
 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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