PA 09-151—SB 1078 (VETOED) (OVERRULED)

Environment Committee

Government Administration and Elections Committee

AN ACT ESTABLISHING A BI-STATE LONG ISLAND SOUND COMMISSION

SUMMARY: This act creates a Bi-State Long Island Sound Commission and limits the responsibilities of the Bi-State Long Island Sound Marine Resources Committee. The commission must:

1. review and consider major environmental, ecological, and energy issues involving (a) Long Island Sound and (b) the lower Hudson River Valley as they affect the Sound;

2. seek consensus on strategies and polices on these issues; and

3. recommend administrative and legislative action to implement the strategies and policies.

The commission is created and assumes its responsibilities when New York adopts similar legislation. The act does not replace or override the statutory or regulatory authority of any state or municipal agency concerning the commission's projects, policies, or activities.

EFFECTIVE DATE: July 1, 2009, and when New York enacts similar legislation.

COMMISSION MEMBERSHIP, MEETING SCHEDULE, AND OTHER PROVISIONS

The commission consists of eight members each from New York and Connecticut, including the governors of each state or their designees. The governors or their designees are ex-officio co-chairmen unless a majority of commission members vote for other chairmen. The co-chairmen cannot be from the same state.

The other seven Connecticut members serve two-year terms. One member each must be appointed by the governor, Senate president pro tempore, Senate majority and minority leaders, House speaker, and House majority and minority leaders.

The commission must meet by October 1, 2009, and at least quarterly thereafter. The co-chairmen must determine the time, date, and place of the meetings. It is not clear how a meeting can occur by October 1, 2009 if New York does not adopt similar legislation by that time.

New York and Connecticut must share the commission's expenses equally. The commission is in the Department of Environmental Protection (DEP) for administrative purposes only.

LIMITING RESPONSIBILITIES OF THE BI-STATE LONG ISLAND SOUND MARINE RESOURCES COMMITTEE

By law, the Bi-State Long Island Sound Marine Resources Committee makes recommendations to maintain, protect, and restore the Sound's marine resources. The committee coordinates and recommends standardization of laws concerning the Sound, including standardizing the coastal waters jurisdiction of (1) harbor management commissions and (2) municipal waterfront and port authorities and conservation and shellfish commissions. It must consider any adverse impact a proposed activity would have on the Sound's marine resources. The act relieves the committee of its responsibility to make recommendations concerning major environmental, ecological, and energy issues involving the Sound and lower Hudson River Valley that the commission is reviewing.

BACKGROUND

Bi-State Long Island Sound Committee

PA 05-137 replaced the Connecticut-New York Bi-State Long Island Sound Marine Resources Committee with the Bi-State Long Island Sound Committee (CGS § 25-138 et seq. ). The latter committee takes effect when New York adopts similar legislation (CGS § 25-142). According to DEP, New York has not adopted such legislation.

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