CHAPTER 483
LONG ISLAND SOUND

Table of Contents

Sec. 25-138. *(See end of section for amended version and effective date.) Purpose of committee.
Sec. 25-139. *(See end of section for amended version and effective date.) Establishment of committee. Membership.
Sec. 25-140. *(See end of section for amended version and effective date.) Duties of committee. Exceptions. Report.
Sec. 25-140a. *(See end of section for amended version and effective date.) Recommendations of committee re uniform signs for coastal access.
Sec. 25-141. *(See end of section for amended version and effective date.) Cooperation by other public bodies.
Sec. 25-142. Effective date of part.
Secs. 25-143 to 25-153.
Sec. 25-154. Long Island Sound advisory councils.
Sec. 25-155. Long Island Sound Assembly.
Sec. 25-156. Long Island Sound Foundation, Inc.
Sec. 25-157. Applications for crossings of Long Island Sound. Moratorium. Petition to waive moratorium.
Sec. 25-157a. Comprehensive environmental assessment and plan re crossings of Long Island Sound.
Sec. 25-157b. Crossings of Long Island Sound. Evaluation of application's consistency with comprehensive environmental assessment plan.
Sec. 25-157c. State's advisory opinion to the Federal Energy Regulatory Commission. Request for moratorium.
Secs. 25-157d to 25-157m.
Sec. 25-157n. Bi-State Long Island Sound Commission. Legislative findings. Establishment. Duties. Expenses. Effective date.
Secs. 25-158 and 25-159.

PART I
BI-STATE LONG ISLAND SOUND
MARINE RESOURCES COMMITTEE
(BI-STATE LONG ISLAND SOUND COMMITTEE)
*

      *(Revisor's note: Upon enactment by the state of New York of legislation having like effect to public act 05-137, the name of this Part will be revised to "Bi-State Long Island Sound Committee".)

      Sec. 25-138. *(See end of section for amended version and effective date.) Purpose of committee. In order to provide for the maximum enhancement of the marine resources of Long Island Sound, the legislature hereby finds that the best interest of the people of the state and the communities involved will be served by the establishment of a Connecticut-New York Bi-State Long Island Sound Marine Resources Committee to make specific recommendations concerning the maintenance, protection and restoration of such marine resources.

      (P.A. 73-629, S. 1, 5.)

      *Note: Effective upon the enactment by the state of New York of legislation having like effect, this section, as amended by section 1 of public act 05-137, is to read as follows:

      "Sec. 25-138. Purpose of committee. In order to provide for maximum public enjoyment and to protect the natural resources of Long Island Sound, which is threatened by proposed industrialization and negative uses, including, but not limited to, proposed private projects, the legislature hereby finds that the best interest of the people of the state and the communities involved will be served by the establishment of a Connecticut-New York Bi-State Long Island Sound Committee to make specific recommendations concerning the maintenance, protection and restoration of such natural resources."

      (P.A. 73-629, S. 1, 5; P.A. 05-137, S. 1.)

      History: P.A. 73-629 effective upon the enactment by the state of New York of legislation having like effect, i.e. September 1, 1988; P.A. 05-137 changed name of committee and added provisions re public enjoyment, protection of natural resources and proposed industrialization and negative uses, including, but not limited to, proposed private projects, effective upon the enactment by the state of New York of legislation having like effect.

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      Sec. 25-139. *(See end of section for amended version and effective date.) Establishment of committee. Membership. There is hereby established a Bi-State Long Island Sound Marine Resources Committee. Such committee shall consist of eighteen members, nine of whom shall be residents of Connecticut and nine of whom shall be residents of New York. The Connecticut members shall be as follows: Three members of the Senate representing districts that include coastal municipalities, one appointed by the president pro tempore of the Senate, one appointed by the majority leader of the Senate and one appointed by the minority leader of the Senate; three members of the House of Representatives, one appointed by the speaker of the House of Representatives, one appointed by the majority leader of the House of Representatives and one appointed by the minority leader of the House of Representatives; and the Governor, the Commissioner of Environmental Protection and the director of the Connecticut coastal zone management program, or their designees.

      (P.A. 73-629, S. 2, 5; P.A. 88-336, S. 1, 5.)

      *Note: Effective upon the enactment by the state of New York of legislation having like effect, this section, as amended by section 2 of public act 05-137, is to read as follows:

      "Sec. 25-139. Establishment of committee. Membership. There is hereby established a Bi-State Long Island Sound Committee. Such committee shall consist of eighteen members, nine of whom shall be residents of Connecticut and nine of whom shall be residents of New York. The Connecticut members shall be as follows: Three members of the Senate representing districts that include coastal municipalities, one appointed by the president pro tempore of the Senate, one appointed by the majority leader of the Senate and one appointed by the minority leader of the Senate; three members of the House of Representatives, one appointed by the speaker of the House of Representatives, one appointed by the majority leader of the House of Representatives and one appointed by the minority leader of the House of Representatives; and the Governor, the Commissioner of Environmental Protection and the director of the Connecticut coastal zone management program, or their designees."

      (P.A. 73-629, S. 2, 5; P.A. 88-336, S. 1, 5; P.A. 05-137, S. 2.)

      History: P.A. 73-629 effective upon the enactment by the state of New York of legislation having like effect, i.e. September 1, 1988; P.A. 88-336 increased membership on the committee from each participating state from four to nine and designated the governor, commissioner of environmental protection and the director of the coastal zone management program as members of the committee; P.A. 05-137 changed name of committee, effective upon the enactment by the state of New York of legislation having like effect.

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      Sec. 25-140. *(See end of section for amended version and effective date.) Duties of committee. Exceptions. Report. The committee may make such recommendations as may be necessary to effectuate the purposes of this part, 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 section 25-143. In furtherance of its responsibilities under this part, the committee shall coordinate and recommend standardization of all laws relative to Long Island Sound including, but not limited to, standardization of jurisdiction of coastal waters by harbor management commissions, municipal waterfront authorities, municipal conservation commissions, municipal port authorities and municipal shellfish commissions. The committee shall consider the adverse impact any action proposed in or for Long Island Sound may have upon the marine 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.

      (P.A. 73-629, S. 3, 5; P.A. 88-336, S. 2, 5; P.A. 09-151, S. 2.)

      *Note: Effective upon the enactment by the state of New York of legislation having like effect, this section, as amended by section 3 of public act 05-137 and section 3 of public act 09-151, is to read as follows:

      "Sec. 25-140. Duties of committee. Exceptions. Report. The committee may make such recommendations as may be necessary to effectuate the purposes of this part, 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 section 25-143. In furtherance of its responsibilities under this part, the committee may coordinate and recommend standardization of all laws relative to Long Island Sound including, but not limited to, standardization of jurisdiction of coastal waters by harbor management commissions, municipal waterfront authorities, municipal conservation commissions, municipal port authorities 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 industrialization 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."

      (P.A. 73-629, S. 3, 5; P.A. 88-336, S. 2, 5; P.A. 05-137, S. 3; P.A. 09-151, S. 2, 3.)

      History: P.A. 73-629 effective upon the enactment by the state of New York of legislation having like effect, i.e. September 1, 1988; P.A. 88-336 added standardization of jurisdiction of coastal waters by local agencies to the charge of the committee; (Revisor's note: In 1991 the word "chapter" was replaced editorially by the Revisors with the word "part" reflecting inclusion of new provisions as part II of chapter 483); P.A. 05-137 made committee coordination and recommended standardization of all laws relative to Long Island Sound discretionary, substituted "public trust" resources for "marine" resources, specified report recommendations and considerations and defined "public trust resources", effective upon the enactment by the state of New York of legislation having like effect; P.A. 09-151 added exemption re issues under review by Bi-State Long Island Sound Commission, effective July 1, 2009.

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      Sec. 25-140a. *(See end of section for amended version and effective date.) Recommendations of committee re uniform signs for coastal access. The Bi-State Long Island Sound Marine Resources Committee, established pursuant to sections 25-138 to 25-142, inclusive, may solicit proposals from any interested and qualified party for a design for a uniform sign denoting coastal access to Long Island Sound in the states of Connecticut and New York. The committee may make a recommendation regarding such signs to the governors and the legislatures of the respective states during their 1993 legislative sessions.

      (P.A. 92-16.)

      *Note: Effective upon the enactment by the state of New York of legislation having like effect, this section, as amended by section 4 of public act 05-137, is to read as follows:

      "Sec. 25-140a. Recommendations of committee re uniform signs for coastal access. The Bi-State Long Island Sound Committee, established pursuant to sections 25-138 to 25-142, inclusive, may solicit proposals from any interested and qualified party for a design for a uniform sign denoting coastal access to Long Island Sound in the states of Connecticut and New York. The committee may make a recommendation regarding such signs to the governors and the legislatures of the respective states."

      (P.A. 92-16; P.A. 05-137, S. 4.)

      History: P.A. 05-137 changed committee name and deleted reference to 1993 legislative sessions, effective upon the enactment by the state of New York of legislation having like effect.

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      Sec. 25-141. *(See end of section for amended version and effective date.) Cooperation by other public bodies. The committee may request and receive from any department, division, board, bureau, commission or other agency of the state of Connecticut or the state of New York, or any political subdivision thereof or any public authority such data as may be necessary to enable the committee to carry out its responsibilities under this part.

      (P.A. 73-629, S. 4, 5.)

      *Note: Effective upon the enactment by the state of New York of legislation having like effect, this section, as amended by section 5 of public act 05-137, is to read as follows:

      "Sec. 25-141. Cooperation by other public bodies. The committee may request and receive from any department, division, board, bureau, commission or other agency of the state of Connecticut or the state of New York, or any political subdivision thereof or any public authority or not-for-profit organization such data as may be necessary to enable the committee to carry out its responsibilities under this part."

      (P.A. 73-629, S. 4, 5; P.A. 05-137, S. 5.)

      History: P.A. 73-629 effective upon the enactment by the state of New York of legislation having like effect, i.e. September 1, 1988; (Revisor's note: In 1991 the word "chapter" was replaced editorially by the Revisors with the word "part" reflecting inclusion of new provisions as part II of chapter 483); P.A. 05-137 added provision re not-for-profit organizations, effective upon the enactment by the state of New York of legislation having like effect.

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      Sec. 25-142. Effective date of part. This part shall take effect upon the enactment by the state of New York of legislation having like effect as this part.

      (P.A. 73-629, S. 5.)

      History: New York enacted legislation having like effect on September 1, 1988; (Revisor's note: In 1991 the word "chapter" was replaced editorially by the Revisors with the word "part" reflecting inclusion of new provisions as part II of chapter 483).

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      Secs. 25-143 to 25-153. Reserved for future use.

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PART II
LONG ISLAND SOUND ADVISORY COUNCILS
AND LONG ISLAND SOUND ASSEMBLY.
LONG ISLAND SOUND FOUNDATION, INC.
PROTECTION OF LONG ISLAND SOUND

      Sec. 25-154. Long Island Sound advisory councils. (a) There are established three Long Island Sound advisory councils as follows: (1) An Eastern Long Island Sound Advisory Council consisting of the towns of Stonington, Groton, Ledyard, Preston, Norwich, Montville, New London, Waterford, East Lyme, Old Lyme, Lyme, Old Saybrook, Essex, Chester, Deep River, Clinton and Westbrook; (2) a Central Long Island Sound Advisory Council consisting of the towns of Madison, Guilford, Branford, East Haven, North Haven, Hamden, New Haven, West Haven and Orange; and (3) a Western Long Island Sound Advisory Council consisting of the towns of Milford, Shelton, Stratford, Bridgeport, Fairfield, Westport, Norwalk, Darien, Stamford and Greenwich.

      (b) The membership of each council shall be comprised of the chief executive officer, or his designee, of each municipality in such council and nine members as follows: One appointed by the president pro tempore of the Senate, one appointed by the minority leader of the Senate, one appointed by the speaker of the House of Representatives, one appointed by the minority leader of the House of Representatives, and five appointed by the Governor, one of whom shall represent an academic institution located within the boundaries of the council, one of whom shall represent industry, one of whom shall be an environmental specialist, one of whom shall be a member of an environmental organization, and one of whom shall represent a volunteer or citizen organization. No more than four of the Governor's appointments may be members of the same political party as the Governor. The Governor shall designate one of the members of each council appointed by him to call the first meeting of such council. The first meeting of each council shall be called on or before August 1, 1989. At the first meeting of each council a chairman and vice-chairman shall be elected by majority vote of the members of the council.

      (c) Each council shall prepare a report concerning the use and preservation of Long Island Sound within its boundaries. Such report shall include, but not be limited to, provisions prioritizing the concerns of citizens and organizations for the future of Long Island Sound, recommendations for improving the biological integrity of and public access to Long Island Sound and identification of available resources concerning Long Island Sound. Such report shall be revised as each council deems necessary.

      (d) Each council may organize, as it deems necessary, and utilize public or private resources in accomplishing its duties, including those made available from educational institutions and industry.

      (e) Each council shall submit its report to the Long Island Sound Assembly not more than one year after the first meeting of such council. Any revision shall be submitted to said assembly within thirty days.

      (P.A. 89-344, S. 2, 4.)

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      Sec. 25-155. Long Island Sound Assembly. (a) There is established the Long Island Sound Assembly consisting of seven members of each Long Island Sound advisory council. The members shall be appointed by the chairman of each advisory council, three of whom shall be chief executive officers, and four shall be appointed from the members of such councils appointed by the Governor or the legislature, at least one of whom shall be a public member, one shall represent an environmental organization and one shall represent a volunteer or citizen organization.

      (b) The assembly shall review the report of each advisory council submitted pursuant to section 25-154 for compatibility with the reports of the other councils and for coordination with federal and state law and the activities of the Bi-State Long Island Sound Marine Resources Committee. The assembly shall submit a report of its review and any recommendations to the General Assembly on or before January first, annually. On and after October 1, 1996, the report shall be submitted to the joint standing committee of the General Assembly having cognizance of matters relating to the environment and, upon request, to any member of the General Assembly. A summary of the report shall be submitted to each member of the General Assembly if the summary is two pages or less and a notification of the report shall be submitted to each member if the summary is more than two pages. Submission shall be by mailing the report, summary or notification to the legislative address of each member of the committee or the General Assembly, as applicable.

      (c) The assembly shall hold its first meeting, to be called by the Commissioner of Environmental Protection, on or before September 1, 1989.

      (P.A. 89-344, S. 1, 4; P.A. 96-251, S. 12.)

      History: P.A. 96-251 amended Subsec. (b) by requiring that on and after October 1, 1996, reports be submitted to environment committee and upon request to legislators and by adding provisions re submission of report summaries to legislators.

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      Sec. 25-156. Long Island Sound Foundation, Inc. (a) There is established the Long Island Sound Foundation, Inc., a nonstock, nonprofit corporation, organized under the laws of the state of Connecticut as a state chartered foundation. The Long Island Sound Foundation, Inc. shall be a successor organization to the Long Island Sound Assembly established under section 25-155.

      (b) The Long Island Sound Foundation, Inc. shall: (1) Target and promote the coordination and support of research and education activities and public information programs regarding the restoration and protection of Long Island Sound; and (2) receive, disburse and administer gifts, grants, endowments or other funds from any source that supports research and education activities connected with the Long Island Sound ecosystem consistent with the purposes of this section. Recipients of such funds may include nonprofit organizations, civic and community groups, schools, public agencies and the private sector.

      (P.A. 93-74, S. 48, 67.)

      History: P.A. 93-74 effective July 1, 1993.

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      Sec. 25-157. Applications for crossings of Long Island Sound. Moratorium. Petition to waive moratorium. Notwithstanding any other provision of the general statutes, no state agency, including, but not limited to, the Department of Environmental Protection and the Connecticut Siting Council, shall consider or render a final decision for any applications relating to electric power line crossings, gas pipeline crossings or telecommunications crossings of Long Island Sound that have required or will require a certificate issued pursuant to section 16-50k or approval by the Federal Energy Regulatory Commission including, but not limited to, electrical power line, gas pipeline or telecommunications applications that are pending or received after June 3, 2002, for a period of three years after June 3, 2002. Such moratorium shall not apply to applications relating solely to the maintenance, repair or replacement necessary for repair of electrical power lines, gas pipelines or telecommunications facilities currently used to provide service to customers located on islands or peninsulas off the Connecticut coast or harbors, embayments, tidal rivers, streams or creeks. An applicant may seek a waiver of such moratorium by submitting a petition to the following: The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to energy and the environment, the chairman of the Connecticut Siting Council, the chairperson of the Public Utilities Control Authority, the Commissioner of Environmental Protection, and any other state agency head with jurisdiction over the subject of the petition. Such persons may grant a petition for a waiver by unanimous consent. Nothing in section 16-244j, this section or sections 25-157a to 25-157c, inclusive, shall be construed to affect the project in the corridor across Long Island Sound, from Norwalk to Northport, New York, to replace the existing electric cables that cross the sound.

      (P.A. 02-95, S. 1; P.A. 03-123, S. 6; 03-148, S. 1; P.A. 04-109, S. 12; 04-222, S. 5.)

      History: P.A. 02-95 effective June 3, 2002; P.A. 03-123 made a technical change; P.A. 03-148 limited types of crossings subject to moratorium to those that require a certificate issued pursuant to Sec. 16-50k or approval by the Federal Energy Regulatory Commission, changed moratorium from one year to two years and eliminated provision re task force chaired by the Institute of Sustainable Energy, effective June 26, 2003; P.A. 04-109 made a technical change, effective May 21, 2004; P.A. 04-222 extended moratorium from two years to three years after June 3, 2002, and specified parties to whom applicant for moratorium waiver shall submit petition, effective June 8, 2004.

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      Sec. 25-157a. Comprehensive environmental assessment and plan re crossings of Long Island Sound. Not later than one year from June 3, 2002, a comprehensive environmental assessment and plan shall be completed under the direction of the Institute for Sustainable Energy. In conducting the comprehensive environmental assessment and plan, a task force shall work with the Institute of Sustainable Energy that consists of the task force members contained in Executive Order Number 26 of Governor John G. Rowland and a representative of: (1) The Bureau of Fisheries of the Department of Environmental Protection; (2) the Director of the Bureau of Aquaculture of the Department of Agriculture; (3) the Bureau of Aviation and Ports, Connecticut Coastline Port Authority of the Department of Transportation; (4) the Connecticut Seafood Council; (5) the Atlantic States Marine Fisheries; (6) Save the Sound, Inc.; (7) the Connecticut Fund for the Environment, Inc.; (8) the Long Island Soundkeeper; (9) the State Geologist; and (10) no more than one representative each from the holder of a permit for a merchant cable, one representative from an applicant for a gas pipeline, one representative from each local gas and electric distribution company and one representative from the telecommunications industry. Nothing in this section shall prohibit the task force from soliciting the participation of other persons in the development of the comprehensive environmental assessment and plan including, but not limited to, federal agencies regarding matters within such agencies' jurisdiction. Such assessment and plan shall include, but not be limited to, a review and analysis of those criteria set forth in Executive Order Number 26 of Governor John G. Rowland in addition to the following: (A) In consultation with the Institute of Water Resources at The University of Connecticut and The University of Connecticut Cooperative Extension Service, a comprehensive inventory and mapping of all existing environmental data on the natural resources of Long Island Sound, including, but not limited to: All coastal resources, as defined in section 22a-93, all points of public access and public use, locations of rare and endangered species including the breeding and nesting areas for such rare and endangered species, locations of historically productive fishing grounds and locations of unusual and important submerged vegetation; (B) an evaluation of the relative importance and uniqueness of the natural resources and an identification of the most ecologically sensitive natural resources of Long Island Sound; (C) an assessment of the present status, future potential and environmental impacts on Long Island Sound of meeting the region's energy needs that do not require the laying of a power line or cable within Long Island Sound; (D) an evaluation of methods to minimize the numbers and impacts of electric power line crossings, gas pipeline crossings and telecommunications crossings within Long Island Sound, including an evaluation of the individual and cumulative environmental impacts of any such proposed crossings; (E) an inventory of current crossings of Long Island Sound and an evaluation of the current environmental status of those areas that have crossings; (F) an evaluation of the reliability and operational impacts to the state and region of proposed crossings of Long Island Sound and an evaluation of the impact on reliability by recommended limitations on such crossings; (G) recommendations for providing for regional energy needs while protecting Long Island Sound to the maximum extent possible; and (H) recommendations on natural resource performance bond levels to insure and reimburse the state in the event that future electric power line crossings, gas pipeline crossings or telecommunications crossings substantially damage the public trust in the natural resources of Long Island Sound. For the purposes of sections 25-157 to 25-157c, inclusive, "Long Island Sound" shall include its harbors, embayments, tidal rivers, streams and creeks to the extent that any such projects would impact such harbors, embayments, tidal rivers, streams and creeks.

      (P.A. 02-95, S. 3; P.A. 03-123, S. 7; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1.)

      History: P.A. 02-95 effective June 3, 2002; P.A. 03-123 made a technical change, effective June 26, 2003; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

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      Sec. 25-157b. Crossings of Long Island Sound. Evaluation of application's consistency with comprehensive environmental assessment plan. Any application for an electric power line, gas pipeline or telecommunications crossing of Long Island Sound that is considered by any state agency, including, but not limited to, the Department of Environmental Protection or the Connecticut Siting Council, after the creation of the comprehensive environmental assessment and plan, described in section 25-157a, shall additionally be evaluated for such application's: (1) Likelihood to impair the public trust in Long Island Sound based on, but not limited to, the information contained in the comprehensive environmental assessment and plan; (2) consistency with the recommendations of the comprehensive environmental assessment; and (3) environmental impact, both individual and cumulative, including but not limited to those impacts anticipated by the comprehensive environmental assessment and plan described in section 25-157a.

      (P.A. 02-95, S. 4.)

      History: P.A. 02-95 effective June 3, 2002.

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      Sec. 25-157c. State's advisory opinion to the Federal Energy Regulatory Commission. Request for moratorium. Notwithstanding any provision of the general statutes, the Connecticut Siting Council, within fifteen days of June 3, 2002, shall submit the state's advisory opinion to the Federal Energy Regulatory Commission requesting that, on behalf of the state, the Federal Energy Regulatory Commission not approve any new individual electric power line crossing, gas pipeline crossing or telecommunications crossing until the comprehensive environmental assessment and plan described in section 25-157a is completed and that the Federal Energy Regulatory Commission avoid environmental damage to Long Island Sound to the greatest extent possible when licensing any future project by considering the recommendations contained in the comprehensive environmental assessment and plan described in section 25-157a. Notwithstanding the provisions of sections 16-244j and 25-157 to 25-157b, inclusive, and this section, if the Federal Energy Regulatory Commission proceeds with consideration of any such project, regardless of the Siting Council's request, the Connecticut Siting Council and any other state agency with jurisdiction over such project shall review such proposed project and recommend siting, construction procedures and environmental mitigation measures to the Federal Energy Regulatory Commission for such project that conform with the comprehensive environmental assessment and plan described in section 25-157a, to the degree such assessment and plan information is available.

      (P.A. 02-95, S. 5.)

      History: P.A. 02-95 effective June 3, 2002.

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      Secs. 25-157d to 25-157m. Reserved for future use.

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PART III
BI-STATE LONG ISLAND SOUND COMMISSION

      Sec. 25-157n. Bi-State Long Island Sound Commission. Legislative findings. Establishment. Duties. Expenses. Effective date. (a) The General Assembly 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 beauty, marine resources, transportation, industry and recreation. Said 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.

      (b) There is 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. The seven Connecticut members shall be appointed to two-year terms as follows: (1) One appointed by the Governor, (2) one appointed by the president pro tempore of the Senate, (3) one appointed by the majority leader of the Senate, (4) one appointed by the minority leader of the Senate, (5) one appointed by the speaker of the House of Representatives, (6) one appointed by the majority leader of the House of Representatives, and (7) one appointed by the minority leader of the House of Representatives. The Governors of the states of Connecticut and New York, or their designees, shall serve as cochairpersons of said commission, ex officio, unless the commission members select other chairpersons by majority vote. In no event shall the cochairpersons be from the same state.

      (c) Said commission shall (1) 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 the valley shall be limited to issues in the valley that affect Long Island Sound, (2) seek consensus on strategies and policies concerning such issues, and (3) make recommendations for administrative and legislative action to implement such strategies and policies. Said commission shall meet not later than October 1, 2009, and not less than quarterly thereafter, at a time, date and place to be determined by the cochairpersons.

      (d) Said commission shall be within the Department of Environmental Protection for administrative purposes only, and the expenses for said commission shall be borne equally by the states of Connecticut and New York.

      (e) Nothing in this section shall be construed to supplant or supersede any statutory or regulatory authority of any state or municipal agency concerning projects, policies or activities of said commission.

      (f) The provisions of this section shall take effect upon enactment by the state of New York of legislation having like effect.

      (P.A. 09-151, S. 1.)

      History: P.A. 09-151 effective July 1, 2009.

      See Sec. 4-38f for definition of "administrative purposes only".

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      Secs. 25-158 and 25-159. Reserved for future use.

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