Bill Text: NY S07628 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes a Finger Lakes commission to act as an overarching body to coordinate between the local governments within the Finger Lakes region for conservation and development of such region.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO FINANCE [S07628 Detail]

Download: New_York-2023-S07628-Introduced.html



                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

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     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.
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