OLR Bill Analysis

SB 1078 (File 471, as amended by Senate “A”)*

AN ACT ESTABLISHING A BI-STATE LONG ISLAND SOUND COMMISSION.

SUMMARY:

This bill creates a Bi-State Long Island Sound Commission. The commission must:

The commission takes effect when New York adopts similar legislation. The bill specifies that it does not supplant or supersede the statutory or regulatory authority of any state or municipal agency concerning the commission's projects, policies, or activities.

*Senate Amendment “A” (1) narrows the commission's responsibilities concerning the lower Hudson River Valley to issues in the valley affecting Long Island Sound, and (2) (a) eliminates language repealing the existing Bi-State Long Island Sound Committee and (b) limits the committee's responsibilities.

EFFECTIVE DATE: July 1, 2009, and when New York enacts similar legislation.

POLICY DECLARATION

The bill finds Connecticut and New York share ownership and stewardship of the Sound, which is a source of environmental beauty, marine resources, transportation, industry, and recreation for both states. Projects proposed for the Sound, including those involving energy supply and demand, potentially affect the Sound, and may require state and local approvals from both New York and Connecticut. Cooperative planning to address energy supply and demand would greatly reduce the impact of these projects. The waters and industrial uses of the lower Hudson River Valley also affect the quality of the Sound.

COMMISSION MEMBERSHIP, MEETING SCHEDULE AND OTHER PROVISIONS

The commission consists of seven members from each state. The Connecticut members serve two-year terms. One member each must be appointed by the governor, Senate president pro tempore, Senate majority leader, Senate minority leader, House speaker, House majority leader, and House minority leader.

The governors of Connecticut and New York, or their designees, are ex-officio co-chairs unless commission members select other chairs by majority vote. The co-chairs cannot be from the same state.

The commission must meet by October 1, 2009, and at least quarterly thereafter. The co-chairs must determine the time, date, and place of the meeting. It is not clear how this can occur by this date if New York does not adopt similar legislation.

The commission is in the Department of Environmental Protection (DEP) for administrative purposes only. New York and Connecticut must share the commission's expenses equally.

BI-STATE LONG ISLAND SOUND COMMITTEE

The Bi-State Long Island Sound Committee makes recommendations to protect the Sound's natural resources from the impact of proposed industrialization and private projects. The committee must coordinate and recommend ways to standardize laws concerning the Sound, including standardizing the coastal waters jurisdiction of (1) harbor management commissions and (2) municipal waterfront and port authorities and conservation and shellfish commissions. It also must consider adverse impacts a proposed activity would have on the Sound's marine and public trust resources. The bill relieves the committee of these responsibilities for major environmental, ecological, and energy issues involving the Sound and Hudson River Valley that the commission is reviewing. This provision takes effect on July 1, 2009 and when New York enacts similar legislation.

BACKGROUND

Bi-State Long Island Sound Committee

The Bi-State Long Island Sound Committee (CGS § 25-138 et seq. ) takes effect when New York adopts similar legislation (CGS § 25-142). According to DEP, New York has not adopted such legislation, and the committee has not met.

COMMITTEE ACTION

Environment Committee

Joint Favorable

Government Administration and Elections Committee

Joint Favorable