Bill Text: NY S05126 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts the "Rockland Bergen Bi-State Watershed Flood Prevention and Protection Act"; creates the twelve member Rockland Bergen Bi-State River Commission to identify and remediate the potential flood protection hazards along the tributaries and watersheds of the Hackensack River, Mahwah River, Ramapo River, Saddle River and Sparkill Brook/Creek that cross the interstate border region.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-06-05 - REPORTED AND COMMITTED TO FINANCE [S05126 Detail]
Download: New_York-2011-S05126-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5126
2011-2012 Regular Sessions
I N S E N A T E
May 3, 2011
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT enacting the "Rockland Bergen Bi-state watershed flood prevention
and protection act" and creating the Rockland Bergen Bi-state River
Commission
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "Rockland
2 Bergen Bi-state watershed flood prevention and protection act".
3 S 2. The legislature finds and declares that the states of New York
4 and New Jersey and their respective citizens share a common concern to
5 protect their personal safety and property through the identification
6 and remediation of potential flood hazards along the tributaries and
7 watersheds of the Hackensack River, Mahwah River, Ramapo River, Saddle
8 River, and Sparkill Brook/Creek that cross the interstate border region.
9 The identification and remediation of potential flood hazards requires a
10 bi-state comprehensive approach. A bi-state comprehensive flood
11 prevention approach will also help ensure the preservation and mainte-
12 nance of the environmentally beneficial impacts of the tributaries and
13 watersheds of the Hackensack River, Mahwah River, Ramapo River, Saddle
14 River, and Sparkill Brook/Creek. A bi-state approach will encourage
15 open space and recreational opportunities along the tributaries and
16 watersheds of the Hackensack River, Mahwah River, Ramapo River, Saddle
17 River, and Sparkill Brook/Creek. The legislature further finds that
18 there has been a long history of cooperation among state and local
19 governmental entities and various private organizations and individuals
20 in the vicinity of the tributaries and watersheds of the Hackensack
21 River, Mahwah River, Ramapo River, Saddle River, and Sparkill
22 Brook/Creek.
23 The legislature therefore determines that there is a need to endorse
24 and formalize that bi-state cooperative effort to identify and remediate
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00707-01-1
S. 5126 2
1 potential flood hazards and to protect the natural, scenic and recre-
2 ational opportunities of the tributaries and watersheds of the Hacken-
3 sack River, Mahwah River, Ramapo River, Saddle River, and Sparkill
4 Brook/Creek. The legislature further determines that the creation of a
5 bi-state commission is an appropriate means to accomplish these very
6 important goals.
7 S 3. As used in this act, "Bi-state region" shall mean the tributaries
8 and watersheds of the Hackensack River, Mahwah River, Ramapo River,
9 Saddle River, and Sparkill Brook/Creek, within the counties of Rockland
10 in New York and Bergen in New Jersey. "Resident voter" shall mean an
11 individual registered to vote and who actually votes in an election
12 district within the county of Rockland in New York or the county of
13 Bergen in New Jersey.
14 S 4. a. There is hereby created the Rockland Bergen Bi-state river
15 commission, which shall be comprised of twelve voting members. Six
16 members of New York shall be appointed as follows: one each, by the
17 governor, the temporary president of the senate, the speaker of the
18 assembly, the minority leader of the senate, and the minority leader of
19 the assembly, of New York, all of whom shall be resident voters of the
20 county of Rockland, New York; and the commissioner of the New York state
21 department of environmental conservation or a designee thereof, who
22 shall serve ex officio. Six members of New Jersey shall be appointed as
23 follows: one each, by the governor, the temporary president of the
24 senate, the speaker of the assembly, the minority leader of the senate,
25 and the minority leader of the assembly, of New Jersey, all of whom
26 shall be resident voters from either the county of Bergen, Essex, or
27 Hudson; and the commissioner of the New Jersey department of environ-
28 mental protection or a designee thereof, who shall serve ex officio.
29 Additionally, the commission shall include six non voting members, as
30 follows: the commissioner of the New York state department of transpor-
31 tation or a designee thereof, who shall serve ex officio; the commis-
32 sioner of the New Jersey department of transportation or a designee
33 thereof, who shall serve ex officio; the county executive of the county
34 of Rockland in New York or a designee thereof who shall serve ex offi-
35 cio; the county executive of the county of Bergen in New Jersey, or a
36 designee thereof, who shall serve ex officio; a representative of United
37 Water Inc. or its successor; and a representative of the United States
38 army corps of engineers.
39 b. Vacancies in the appointed positions on the commission shall be
40 filled in the same manner as the original appointments were made.
41 c. Members of the commission shall serve without compensation, but the
42 commission may, within the limits of funds appropriated or otherwise
43 made available to it, reimburse members for actual expenses necessarily
44 incurred in the discharge of their official duties.
45 d. Members of the commission shall serve at the pleasure of the rele-
46 vant appointing authority.
47 S 5. a. The commission shall organize as soon as may be practicable
48 after the appointment of its members, and shall select two co-chairper-
49 sons from its members, one from each state, and a secretary who need not
50 be a member.
51 b. The commission shall meet regularly as it may determine. Meetings
52 of the commission shall be at such times and places as the co-chairper-
53 sons of the commission deem appropriate, but to the maximum extent prac-
54 ticable and feasible, shall be rotated between the two states on an
55 alternating basis. Meetings held in New Jersey shall be subject to the
56 provisions and requirements of the "Senator Byron M. Baer Open Public
S. 5126 3
1 Meetings Act," P.L. 1975, c. 231 (C.10:4-6 et seq). Meetings held in New
2 York shall be subject to the provisions and requirements of that state's
3 open meetings law, article 7 of the public officers law. The commission
4 shall also meet at the call of either co-chairperson.
5 c. A majority of the voting membership of the commission shall consti-
6 tute a quorum for the transaction of commission business. Action may be
7 taken and motions and resolutions adopted by the commission at any meet-
8 ing thereof by the affirmative vote of seven members of the commission.
9 d. The commission shall request assistance, and the services of, such
10 employees of the two states, or any political subdivisions, instrumen-
11 talities, entities, agencies, or authorities thereof, as it may require
12 and as may be made available to it for the purpose of carrying out its
13 duties under this act. If requested by the commission, the New Jersey
14 department of environmental protection and the New York state department
15 of environmental conservation shall provide primary staff support.
16 e. The commission may, within the limits of funds appropriated or
17 otherwise made available to it for those purposes, employ such profes-
18 sional, technical, and clerical staff and incur such traveling and other
19 miscellaneous expenses as it may deem necessary in order to perform its
20 duties.
21 S 6. The duties of the commission shall be to:
22 a. assess present and projected development, land use, and land
23 management practices and patterns, and identify actual and potential
24 environmental threats and problems, around the bi-state region, and
25 determine the effects of those practices and patterns, threats, and
26 problems upon the natural, scenic, and recreational resources of the
27 bi-state region;
28 b. develop recommended regulations, procedures, policies, planning
29 strategies, and model ordinances and resolutions pertaining to the
30 protection, preservation, maintenance, management, and enhancement of
31 the bi-state region which would be implemented as appropriate on a
32 voluntary basis by those municipalities within the bi-state region;
33 c. coordinate environmental cleanup, maintenance, and protection
34 efforts undertaken, for the benefit of the bi-state region by munici-
35 palities within the bi-state region;
36 d. coordinate with the New York State department of environmental
37 conservation and the New Jersey department of environmental protection,
38 including but not limited to, their watershed management programs, the
39 United States Army Corps of Engineers and all municipalities within the
40 bi-state region.
41 e. recommend appropriate state legislation and administrative action
42 pertaining to the protection, preservation, maintenance, management, and
43 enhancement of the bi-state region;
44 f. advocate, and where appropriate, act as a coordinating, distribut-
45 ing, or recipient agency for, federal, state, or private funding of
46 environmental cleanup, maintenance, protection projects, flood
47 prevention projects and flood hazard remediation for the bi-state
48 region, which projects may include the work of the commission;
49 g. identify existing and projected flood hazards in the bi-state
50 region;
51 h. recommend, propose and coordinate a bi-state comprehensive plan to
52 remediate existing and projected flood hazards in the bi-state region;
53 and
54 i. take such other action as may be appropriate or necessary to
55 further the purpose of this act.
S. 5126 4
1 S 7. The commission shall, within 18 months of the date it organizes,
2 and annually thereafter, prepare a progress report on its activities,
3 and submit it, together with any recommendations for legislation, admin-
4 istrative action, or action by local governments, to the governors and
5 legislatures of the states of New Jersey and New York.
6 S 8. The comptroller of the state of New Jersey and the comptroller of
7 the state of New York are hereby authorized and empowered from time to
8 time to examine the accounts and books of the commission, including its
9 receipts, disbursements, and such other items referring to its financial
10 standing as such comptrollers may deem proper and to report the results
11 of such examination to their respective governor and legislature.
12 S 9. This act shall take effect upon the enactment into law by the
13 state of New Jersey of legislation having substantially similar effect
14 with this act, but if the state of New Jersey shall have already enacted
15 such legislation, this act shall take effect immediately; provided that
16 the Rockland Bergen bi-state river commission shall notify the legisla-
17 tive bill drafting commission upon the occurrence of the enactment of
18 the legislation provided for in this act in order that the legislative
19 bill drafting commission may maintain an accurate and timely effective
20 data base of the official text of the laws of the state of New York in
21 furtherance of effecting the provisions of section 44 of the legislative
22 law and section 70-b of the public officers law.
