STATE OF NEW YORK ________________________________________________________________________ 7628 2023-2024 Regular Sessions IN SENATE August 11, 2023 ___________ Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, in relation to establishing a Finger Lakes commission The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new article 37-A 2 to read as follows: 3 ARTICLE 37-A 4 FINGER LAKES COMMISSION 5 Section 848. Statement of legislative findings and purpose. 6 848-a. Finger Lakes commission established. 7 848-b. Finger Lakes commission power and duties. 8 848-c. Compensation. 9 848-d. Reports. 10 848-e. Commission staff; benefits. 11 § 848. Statement of legislative findings and purpose. The legislature 12 hereby finds that the Finger Lakes region spans fourteen counties and 13 approximately nine thousand square miles that encompasses towns, 14 villages, and cities spread across a landscape comprised of numerous 15 freshwater sources, one Great Lake, and mineral-rich soil that makes it 16 among the most desirable agricultural settings in the northeast. The 17 core of the region consists of the Finger Lakes watershed, eleven 18 glacial freshwater lakes and their watersheds. This area includes three 19 of the ten largest lakes in New York state. This watershed is important 20 to New York state as a municipal water supply for two million residents, 21 as wildlife and plant habitat, as a resource supporting agriculture, 22 recreation, and tourism, and offers more traditional land uses such as 23 hunting and fishing. In two thousand twenty-one, New York state was the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10202-03-3

S. 7628 2 1 fifth-largest dairy producer in the United States, largely supported by 2 agriculture in this region. Rich in agritourism, the area also contains 3 more than one hundred wineries, contributing to the industry grossing 4 3.76 billion dollars in wine retail annually. Due to the vastness of the 5 region, its centrality to public health, its economic value, and its 6 unique geological character, the legislature finds that the creation of 7 a Finger Lakes commission is essential in assisting local governments 8 and organizations in preserving the resources of the region for future 9 generations. 10 The legislature finds that a Finger Lakes commission would unify the 11 multitudinous local governments and six hundred fifty miles of shoreline 12 under a common set of beliefs and characteristics unique to this region 13 of New York state. The commission would assist these local and municipal 14 bodies to develop overarching, appropriate environmental regulations for 15 the benefit of the more than two million residents of the region. The 16 commission would provide technical assistance to the region's local 17 governments and report to stakeholders across the state regarding the 18 conservation and development of the Finger Lakes region. In providing 19 this assistance, its purpose would be to enable local governments, 20 private organizations, and individuals to shape the future of the Finger 21 Lakes region with a focus on conserving its resources and natural beau- 22 ty, strengthening the local economy, increasing employment, preserving 23 cultural and social character, and improving the general well-being of 24 residents in the area. By uniting the leaders and stakeholders of the 25 region while still maintaining its distinct values and way of life, the 26 commission would be more suited to resolving issues particular to the 27 region and capitalizing on its strengths. 28 For many years, the Tug Hill commission, a similar body, has served 29 that region's local governments very well. The Tug Hill commission has a 30 strong track record demonstrating its importance in working with towns 31 and villages to develop appropriate community and economic development 32 and resource protection. The Finger Lakes commission will similarly 33 supplement the important work of local governments across the Finger 34 Lakes, to the betterment of the whole region. 35 It is the purpose of this article to provide municipal assistance, 36 conservation, preservation and development in the region by establishing 37 the Finger Lakes commission, in order to serve those local government 38 and regional needs, now and in the future. 39 § 848-a. Finger Lakes commission established. 1. There is hereby 40 established the Finger Lakes commission, hereinafter referred to as the 41 commission, to consist of fourteen members to be appointed as follows: 42 six by the governor, four by the temporary president of the senate, and 43 four by the speaker of the assembly. As used in this article, the term 44 "commission" shall mean the Finger Lakes commission established pursuant 45 to this section. 46 2. All of the appointees of the commission shall be residents of the 47 Finger Lakes region. One member of the commission shall be appointed 48 from each county in the Finger Lakes region and shall be a resident 49 thereof. For the purposes of this article, the term "Finger Lakes 50 region" shall mean the region including all of the following counties: 51 Cayuga county, Chemung county, Cortland county, Livingston county, 52 Monroe county, Onondaga county, Ontario county, Schuyler county, Seneca 53 county, Steuben county, Tioga county, Tompkins county, Wayne county, and 54 Yates county. 55 3. The term of office of each member of the commission shall be for 56 five years, and each member shall hold office until a successor has been

S. 7628 3 1 appointed and qualified. Vacancies in membership of the commission 2 occurring from any cause shall be filled by the officer authorized to 3 make the original appointment of the member whose office becomes vacant. 4 4. The commission shall choose from among its members a chairman, 5 vice-chairman and secretary. 6 § 848-b. Finger Lakes commission power and duties. The commission 7 shall have the following powers and duties: 8 1. To adopt and use a seal; to sue and be sued; to appoint and remove 9 officers, agents and employees and determine their qualifications, 10 duties and compensation; to acquire, hold and dispose of personal prop- 11 erty; to retain or employ counsel, private consultants, and independent 12 contractors; to make and execute contracts and all other instruments 13 necessary or convenient for the exercise of its powers and functions 14 under this article. 15 2. To prepare, publish and disseminate information or reports to high- 16 light for state agencies, local governments, and the general public 17 issues, problems, and opportunities relevant to the Finger Lakes region, 18 in concert with state and federal agencies and others. 19 3. To stimulate action by public and private organizations on region- 20 wide issues, problems and opportunities that affect the Finger Lakes 21 region, with primary emphasis on possible solutions at the local level 22 and with attention to the ways in which information developed and expe- 23 rience gained in the Finger Lakes region may be usefully shared else- 24 where in New York state. 25 4. To request and receive from any department, division, office, 26 board, bureau, commission, agency, or instrumentality of the state and 27 from any political subdivision or agency thereof, such assistance and 28 data as will enable it to conduct its studies and investigations under 29 this article. 30 5. To assist local governments and other appropriate state and local 31 organizations, including recognized non-profits, to plan and work for a 32 positive future, and to do so, as far as possible, through intermunici- 33 pal cooperation and through technical assistance, including planning 34 assistance, legal assistance, training, citizen education and partic- 35 ipation assistance, and assistance in preparation of grant applications 36 to other entities. 37 6. To assist local governments and other appropriate state and local 38 organizations to identify and implement best practices from across the 39 Finger Lakes region, or in other regions, including but not limited to 40 the following areas: watershed management, control of invasive species, 41 historic preservation, rural transportation, economic development, and 42 sustainability efforts. 43 7. To work with federal, state, and local partners to create and 44 implement the designation of the Finger Lakes National Heritage Area 45 designation, including supporting work by other state agencies. 46 8. To serve a coordinating role in utilizing the capabilities of other 47 organizations to carry out the duties prescribed in this section. 48 9. To establish a central clearinghouse for technical studies, which 49 may be used by members of the public, local governments, and state agen- 50 cies in addressing state and regionwide resource conservation and devel- 51 opment issues. 52 10. To develop agreements with local, county, or regional agencies to 53 provide staff services; through grants or contracts to help finance 54 services for intermunicipal cooperation; to provide planning services in 55 conjunction with county planning departments and regional planning

S. 7628 4 1 boards, and to provide supplementary technical assistance and educa- 2 tional services through public or private groups. 3 11. To apply for and receive from the federal and state government and 4 public and private agencies, funds to accomplish the purposes of the 5 commission and to solicit, receive and utilize gifts and donations of 6 any kind from any source. 7 12. To assist municipalities in preparing and adopting comprehensive 8 planning programs, including appropriate laws, ordinances and codes. 9 13. To enter into agreements for the extension of its powers and 10 duties to other local governments, in concert with local, state and 11 federal agencies and others. 12 14. To lease and manage real property, solely for the purpose of 13 providing for the official offices of the Finger Lakes commission. 14 § 848-c. Compensation. The members of the Finger Lakes commission 15 shall receive no compensation for their services but shall be reimbursed 16 for their expenses actually and necessarily incurred in the performance 17 of their duties under this article within the amount available therefor 18 by appropriation. Notwithstanding any inconsistent provisions of law, 19 general, special or local, no officer or employee of the state or of any 20 civil division thereof, shall be deemed to have forfeited or shall 21 forfeit his or her office or employment by reason of his or her accept- 22 ance of membership on the Finger Lakes commission. 23 § 848-d. Reports. The Finger Lakes commission shall report on its 24 progress in relation to its legislative purpose to the governor and to 25 the legislature annually on or before the thirty-first day of March of 26 each year. The Finger Lakes commission shall also report every five 27 years on the results of a survey of local officials throughout the 28 Finger Lakes region in regard to the effectiveness of Finger Lakes 29 commission programs. 30 § 848-e. Commission staff; benefits. The Finger Lakes commission staff 31 shall be eligible for management and confidential benefits as are avail- 32 able under subdivision two of section eleven of chapter four hundred 33 sixty of the laws of nineteen hundred eighty-two, as amended. 34 § 2. This act shall take effect one year after it shall have become a 35 law.

Establishes a Finger Lakes commission

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