Create Long Island Sound Panel

Section 1. Legislative intent. The legislature 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. These 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.

§ 2. Establishment of commission and membership thereof. There is hereby 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.

(a) The seven Connecticut members shall be appointed to two-year terms as follows:

(1) one appointed by the governor of the state of Connecticut;

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08051-01-7

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(2) one appointed by the president pro tempore of the senate of the state of Connecticut;

(3) one appointed by the majority leader of the senate of the state of Connecticut;

(4) one appointed by the minority leader of the senate of the state of Connecticut;

(5) one appointed by the speaker of the house of representatives of the state of Connecticut;

(6) one appointed by the majority leader of the house of representatives of the state of Connecticut; and

(7) one appointed by the minority leader of the house of representatives of the state of Connecticut.

(b) The seven New York members shall be appointed to two-year terms as follows:

(1) one appointed by the governor;

(2) two appointed by the temporary president of the senate;

(3) one appointed by the minority leader of the senate;

(4) two appointed by the speaker of the assembly; and

(5) one appointed by the minority leader of the assembly.

(c) The governors of the states of Connecticut and New York, or their designees, shall serve as co-chairpersons of said commission, ex-officio, unless the commission members select other chairpersons by majority vote. In no event shall the co-chairpersons be from the same state.

§ 3. Duties of the commission. The bi-state Long Island sound commission shall:

(a) 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 such valley shall be limited to issues in the valley that affect Long Island sound; (b) seek consensus on strategies and policies concerning such issues; and (c) make recommendations for administrative and legislative action to implement such strategies and policies. Said commission shall meet not later than October 1, 2018, and not less than quarterly thereafter, at a time, date and place to be determined by the co-chairpersons.

§ 4. Administration. The bi-state Long Island sound commission shall be within the Department of Environmental Protection of the state of Connecticut and the department of environmental conservation of New York for administrative purposes only, and the expenses for said commission shall be borne equally by the states of Connecticut and New York.

§ 5. Preemption. Nothing in this act 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.

§ 6. Section 3 of chapter 690 of the laws of 1988, creating the bi-state Long Island sound marine resources committee, as amended by chapter 33 of the laws of 2011, is amended to read as follows:

§ 3. Duties of committee; report. The committee may make such recommendations as may be necessary to effectuate the purposes of this act, 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 the chapter of the laws of 2017 that amended this section. In furtherance of its responsibilities under this act, the committee may coordinate and recommend standardization of all laws relative to Long Island sound including, but not limited to, standardization of jurisdiction of coas-

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tal 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.

§ 7. This act shall take effect upon the enactment into law by the state of Connecticut of legislation having an identical effect with this act, but if the state of Connecticut has already enacted such legislation, this act shall take effect immediately; provided, however, that the secretary of state shall notify the legislative bill drafting commission upon the occurrence of the enactment into law by the state of Connecticut of legislation having an identical effect with this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law.