Bill Text: NY S05139 | 2011-2012 | General Assembly | Introduced
Bill Title: Repeals the Champlain Basin Compact, the Mid-Atlantic States Air Pollution Control Compact and the Delaware River Basin Water Commission Compact; makes conforming changes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO ENVIRONMENTAL CONSERVATION [S05139 Detail]
Download: New_York-2011-S05139-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5139
2011-2012 Regular Sessions
I N S E N A T E
May 3, 2011
___________
Introduced by Sen. FARLEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
making technical corrections thereto and to repeal titles 11, 15 and
17 of article 21 of the environmental conservation law relating to the
Champlain Basin Compact, the Mid-Atlantic States Air Pollution Control
Compact and the Delaware River Basin Water Commission Compact
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Titles 11, 15 and 17 of article 21 of the environmental
2 conservation law are REPEALED.
3 S 2. Subdivisions 15, 18, 20 and 21 of section 1-0303 of the environ-
4 mental conservation law, subdivision 15 as amended by chapter 364 of the
5 laws of 1999 and subdivision 18 as amended by chapter 448 of the laws of
6 2005, are amended to read as follows:
7 15. As used in sections 3-0109 through 3-0115, inclusive, and sections
8 3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9[,
9 11] and 13 of article 21; article 23; title 3 of article 27; articles
10 43, 45 and 47; and titles 1 through 13 inclusive and title 33 of article
11 71 applicable to these provisions, "local public corporation" shall mean
12 any "municipal corporation" or "district corporation" as defined in
13 subdivisions two and three of section sixty-six of the general
14 construction law.
15 18. "Person" shall mean any individual, public or private corporation,
16 political subdivision, government agency, department or bureau of the
17 state, municipality, industry, co-partnership, association, firm, trust,
18 estate or any other legal entity whatsoever. Provided, however, that for
19 purposes of sections 3-0109 through 3-0115 inclusive, and sections
20 3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9[,
21 11] and 13 of article 21; article 23; articles 43, 45 and 47; sections
22 57-0121 and 57-0123 of article 57; and titles 1 through 13 inclusive and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11177-01-1
S. 5139 2
1 title 33 of article 71 applicable to these provisions, "person" means
2 any individual, firm, co-partnership, association or corporation other
3 than the state and a "public corporation".
4 20. As used in sections 3-0109 through 3-0115 inclusive, and sections
5 3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9[,
6 11] and 13 of article 21; article 23; title 3 of article 27; articles
7 43, 45 and 47; and titles 1 through 15 inclusive and title 33 of article
8 71 applicable to these provisions, "public corporation" shall mean
9 "public corporation" as defined in [subdivision 1 of section 3 of the
10 General Corporation Law] SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION
11 LAW and includes all public authorities.
12 21. As used in sections 3-0109 through 3-0115 inclusive, and sections
13 3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9[,
14 11] and 13 of article 21; article 23; title 3 of article 27; articles
15 43, 45 and 47; and titles 1 through 15 inclusive and title 33 of article
16 71 applicable to these provisions, "state public corporation" shall mean
17 public benefit corporation to which the Governor appoints a majority of
18 the members. A person who is a member of a public corporation by virtue
19 of holding another state office shall be deemed to be selected as a
20 member of the public benefit corporation in the manner in which he was
21 selected for such other office.
22 S 3. Section 3-0307 of the environmental conservation law is amended
23 to read as follows:
24 S 3-0307. Acquisition of federal lands.
25 The State of New York may acquire from the United States of America by
26 gift, lease or purchase or otherwise, and subject to such conditions as
27 may be prescribed by the United States of America, lands suited for
28 reforestation, game management, fish propagation, park purposes and/or
29 any other activities permitted by sections 3-0109 through 3-0115 inclu-
30 sive, and sections 3-0305 and 3-0307 of article 3; articles 9, 11, 13
31 and 15; titles 7, 9[, 11] and 13 of article 21; article 23; title 3 of
32 article 27; articles 43, 45 and 47; and titles 1 through 15 inclusive
33 and title 33 of article 71 applicable to these provisions and may by
34 written order of the commissioner filed in the office of the department,
35 assign and transfer at anytime, wholly or in part, the direct jurisdic-
36 tion and control of any such lands to one or more divisions of the
37 department to be administered in connection with any of the various
38 activities permitted by such provisions. Upon the assignment of such
39 lands to a division and notwithstanding any other provision of law, such
40 division may expend any funds appropriated for such activities in the
41 development, maintenance and operation of lands so acquired.
42 S 4. Section 71-0501 of the environmental conservation law, as amended
43 by chapter 550 of the laws of 1980, is amended to read as follows:
44 S 71-0501. Applicability of this title.
45 This title shall apply to sections 3-0109 through 3-0115 inclusive and
46 sections 3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15;
47 titles 7, 9[, 11] and 13 of article 21; articles 23 and 24; and articles
48 43, 45 and 47 of this chapter.
49 S 5. This act shall take effect immediately.
