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

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 Vermont repealed its authority for a Champlain Basin Compact in 1989.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.