NY Env Conserv L § 21-0901 (2021)
2021 New York Laws ENV - Environmental Conservation Article 21 - Pollution Control Compacts Title 9 - Great Lakes Basin Compact 21-0901 - Great Lakes Basin Compact.

§ 21-0901. Great Lakes Basin Compact.The  Great Lakes Basin Compact, as first enacted by chapter 643 of the   laws of l960, as reenacted by chapter 473 of the laws of  1961,  and  as   renumbered  by  chapter 73 of the laws of l962, is hereby continued. The   compact is as follows:The party states solemnly agree:ARTICLE IThe  purposes  of  this  compact  are,  through  means  of  joint   or   cooperative action:1.  To promote the orderly, integrated, and comprehensive development,   use, and conservation of the water resources of the  Great  Lakes  Basin   (hereinafter called the Basin).2.  To  plan for the welfare and development of the water resources of   the Basin as a whole as well as for those portions of  the  Basin  which   may have problems of special concern.3. To make it possible for the states of the Basin and their people to   derive the maximum benefit from utilization of public works, in the form   of  navigational  aids  or  otherwise,  which  may exist or which may be   constructed from time to time.4. To advise in  securing  and  maintaining  a  proper  balance  among   industrial,   commercial,   agricultural,   water  supply,  residential,   recreational, and other legitimate uses of the water  resources  of  the   Basin.5.  To  establish  and maintain an intergovernmental agency to the end   that the purposes of this compact may be accomplished more effectively.ARTICLE IIA. This compact shall  enter  into  force  and  become  effective  and   binding  when it has been enacted by the legislatures of any four of the   States of  Illinois,  Indiana,  Michigan,  Minnesota,  New  York,  Ohio,   Pennsylvania,  and  Wisconsin  and thereafter shall enter into force and   become effective and binding as to any other of said states when enacted   by the legislature thereof.B. The Province of Ontario and the Province of Quebec,  or  either  of   them,  may  become states party to this compact by taking such action as   their laws and the laws of the Government of Canada  may  prescribe  for   adherence  thereto.  For  the  purpose  of this compact the word "state"   shall be construed to include a Province of Canada.ARTICLE IIIThe Great Lakes Commission created by Article IV of this compact shall   exercise its powers and perform its functions in respect  to  the  Basin   which, for the purposes of this compact, shall consist of so much of the   following as may be within the party states:1.  Lakes Erie, Huron, Michigan, Ontario, St. Clair, Superior, and the   St. Lawrence River, together with any and all natural or man-made  water   interconnections between or among them.2. All rivers, ponds, lakes, streams, and other watercourses which, in   their  natural  state or in their prevailing condition, are tributary to   Lakes Erie, Huron, Michigan, Ontario, St. Clair, and Superior or any  of   them  or  which comprise part of any watershed draining into any of said   lakes.ARTICLE IVA. There is hereby created an agency of the party states to  be  known   as  The  Great Lakes Commission, (hereinafter called the Commission). In   that name the Commission may sue and be sued, acquire, hold  and  convey   real  and  personal  property  and  any interest therein. The Commission   shall have a seal with the words "The Great Lakes Commission"  and  such   other  design  as  it  may  prescribe engraved thereon by which it shall   authenticate its proceedings. Transactions involving  real  or  personal    property shall conform to the laws of the state in which the property is   located,  and the Commission may by bylaws provide for the execution and   acknowledgment of all instruments in its behalf.B.   The   Commission  shall  be  composed  of  not  less  than  three   commissioners nor more than five commissioners  from  each  party  state   designated  or  appointed  in accordance with the law of the state which   they represent and serving and subject to  removal  in  accordance  with   such law.C.  Each  state  delegation  shall  be  entitled to three votes in the   Commission. The presence of commissioners from a majority of  the  party   states  shall constitute a quorum for the transaction of business at any   meeting of the Commission. Actions of  the  Commission  shall  be  by  a   majority of the votes cast except that any recommendations made pursuant   to  Article  VI of this compact shall require an affirmative vote of not   less than a majority of the votes cast from each of a  majority  of  the   states present and voting.D.  The  commissioners  of  any  two  or  more  party  states may meet   separately to consider problems of particular interest to  their  states   but no action taken at any such meeting shall be deemed an action of the   Commission  unless  and  until the Commission shall specifically approve   the same.E. In the absence of any commissioner, his vote may be cast by another   representative  or  commissioner  of  his  state  provided   that   said   commissioner  or  other  representative  casting  said vote shall have a   written proxy in proper form as may be required by the Commission.F. The Commission shall  elect  annually  from  among  its  members  a   chairman  and  vice-chairman.  The Commission shall appoint an Executive   Director who shall also act as secretary-treasurer,  and  who  shall  be   bonded  in  such  amount  as  the  Commission may require. The Executive   Director shall serve at the pleasure  of  the  Commission  and  at  such   compensation  and under such terms and conditions as may be fixed by it.   The Executive  Director  shall  be  custodian  of  the  records  of  the   Commission with authority to affix the Commission's official seal and to   attest to and certify such records or copies thereof.G.  The  Executive Director, subject to the approval of the Commission   in such cases as its bylaws may provide, shall  appoint  and  remove  or   discharge  such personnel as may be necessary for the performance of the   Commission's functions. Subject to the aforesaid approval, the Executive   Director may fix their compensation, define their  duties,  and  require   bonds of such of them as the Commission may designate.H.  The Executive Director, on behalf of, as trustee for, and with the   approval of the Commission, may borrow,  accept,  or  contract  for  the   services of personnel from any state or government or any subdivision or   agency   thereof,   from  any  intergovernmental  agency,  or  from  any   institution, person, firm or corporation; and may accept for any of  the   Commission's  purposes  and  functions  under  this  compact any and all   donations, gifts, and grants of money, equipment,  supplies,  materials,   and  services  from any state or government or any subdivision or agency   thereof or intergovernmental agency or  from  any  institution,  person,   firm or corporation and may receive and utilize the same.I.  The  Commission may establish and maintain one or more offices for   the transacting of its business and  for  such  purposes  the  Executive   Director,  on  behalf  of,  as trustee for, and with the approval of the   Commission, may acquire, hold and dispose of real and personal  property   necessary to the performance of its functions.J.  No  tax  levied  or  imposed  by  any party state or any political   subdivision thereof shall be deemed to apply to property,  transactions,   or income of the Commission. K.  The  Commission  may  adopt,  amend  and rescind bylaws, rules and   regulations for the conduct of its business.L. The organization meeting of the Commission shall be held within six   months from the effective date of this compact.M.  The  Commission and its Executive Director shall make available to   the party states any information within its possession and shall  always   provide free access to its records by duly authorized representatives of   such party states.N.  The  Commission  shall  keep  a written record of its meetings and   proceedings and shall annually make a report thereof to be submitted  to   the duly designated official of each party state.O.  The Commission shall make and transmit annually to the legislature   and Governor of each party state a report covering the activities of the   Commission for the preceding year and embodying such recommendations  as   may  have  been adopted by the Commission. The Commission may issue such   additional reports as it may deem desirable.ARTICLE VA. The members of the Commission shall serve without compensation, but   the expenses of each commissioner shall be met by  the  state  which  he   represents  in accordance with the law of that state. All other expenses   incurred by the Commission  in  the  course  of  exercising  the  powers   conferred  upon  it  by  this  compact,  unless met in some other manner   specifically provided by this compact, shall be paid by  the  Commission   out of its own funds.B.  The  Commission  shall  submit to the executive head or designated   officer of each party state a budget of its estimated  expenditures  for   such  period  as  may  be  required  by  the  laws  of  that  state  for   presentation to the legislature thereof.C. Each of the Commission's budgets of  estimated  expenditures  shall   contain  specific  recommendations  of  the  amount  or  amounts  to  be   appropriated by each of the party states.  Detailed  commission  budgets   shall  be  recommended  by  a  majority of the votes cast, and the costs   shall be allocated equitably among the party states in  accordance  with   their respective interests.D. The Commission shall not pledge the credit of any party state.  The   Commission  may  meet  any  of  its obligations in whole or in part with   funds available to it under Article IV (II) of  this  compact,  provided   that the Commission takes specific action setting aside such funds prior   to  the  incurring  of  any obligations to be met in whole or in part in   this manner. Except where the Commission makes use of funds available to   it under Article IV (H) hereof,  the  Commission  shall  not  incur  any   obligations prior to the allotment of funds by the party states adequate   to meet the same.E.  The  Commission  shall  keep accurate accounts of all receipts and   disbursements. The receipts and disbursements of the Commission shall be   subject to the audit and accounting  procedures  established  under  the   bylaws.  However, all receipts and disbursements of funds handled by the   Commission shall be audited yearly by a qualified public accountant  and   the  report  of  the audit shall be included in and become a part of the   annual report of the Commission.F. The accounts of the Commission shall be open at any reasonable time   for inspection by such agency, representative or representatives of  the   party  states  as may be duly constituted for that purpose and by others   who may be authorized by the Commission.ARTICLE VIThe Commission shall have power to:A. Collect, correlate, interpret, and report on data relating  to  the   water resources and the use thereof in the Basin or any portion thereof. B.   Recommend  methods  for  the  orderly,  efficient,  and  balanced   development, use, and conservation of the water resources of  the  Basin   or  any portion thereof to the party states and to any other governments   or agencies having interests in or jurisdiction over the  Basin  or  any   portion thereof.C.  Consider  the  need  for  and  desirability  of  public  works and   improvements relating to the water resources in the Basin or any portion   thereof.D. Consider means of improving navigation and port facilities  in  the   Basin or any portion thereof.E.  Consider  means  of improving and maintaining the fisheries of the   Basin or any portion thereof.F. Recommend  policies  relating  to  water  resources  including  the   institution  and  alteration  of  flood  plain  and  other  zoning laws,   ordinances and regulations.G.  Recommend  uniform  or  other  laws,  ordinances,  or  regulations   relating  to  the development, use and conservation of the Basin's water   resources to the party states or any of them and to  other  governments,   political  subdivisions,  agencies  or  intergovernmental  bodies having   interests in or jurisdiction sufficient  to  affect  conditions  in  the   Basin or any portion thereof.H.  Consider  and  recommend amendments or agreements supplementary to   this compact to the party states or any  of  them,  and  assist  in  the   formulation and drafting of such amendments or supplementary agreements.I.   Prepare   and   publish   reports,  bulletins,  and  publications   appropriate to this work and fix reasonable sale prices therefor.J. With respect to the water resources of the  Basin  or  any  portion   thereof,  recommend  agreements  between  the  governments of the United   States and Canada.K. Recommend mutual arrangements expressed by concurrent or reciprocal   legislation on the  part  of  Congress  and  the  Parliament  of  Canada   including  but not limited to such agreements and mutual arrangements as   are provided for by Article XIII of  the  Treaty  of  1909  Relating  to   Boundary  Waters  and  Questions  Arising  Between the United States and   Canada. (Treaty Series, No. 548).L. Cooperate with the governments of the United States and of  Canada,   the  party  states  and  any public or private agencies or bodies having   interests in or jurisdiction sufficient  to  affect  the  Basin  or  any   portion thereof.M.  At  the  request  of  the  United  States,  or in the event that a   Province shall be a party state, at the request  of  the  Government  of   Canada, assist in the negotiation and formulation of any treaty or other   mutual  arrangement  or  agreement  between the United States and Canada   with reference to the Basin or any portion thereof.N. Make any recommendation and do all things necessary and  proper  to   carry  out  the  powers  conferred  upon the Commission by this compact,   provided that no action of the Commission shall have the  force  of  law   in, or be binding upon, any party state.ARTICLE VIIEach  party  state  agrees  to  consider  the  action  the  Commission   recommends in respect to:A. Stabilization of lake levels.B. Measures for combating pollution, beach erosion, floods, and  shore   inundation.C.  Uniformity  in  navigation  regulations  within the constitutional   powers of the states.D. Proposed navigation aids and improvements. E. Uniformity or effective coordinating action  in  fishing  laws  and   regulations   and   cooperative  action  to  eradicate  destructive  and   parasitical forces endangering the fisheries, wild life and other  water   resources.F. Suitable hydroelectric power developments.G.  Cooperative  programs for control of soil and bank erosion for the   general improvement of the Basin.H. Diversion of waters from and into the Basin.I. Other measures the Commission may recommend to the states  pursuant   to Article VI of this compact.ARTICLE VIIIThis  compact  shall  continue  in  force and remain binding upon each   party state until renounced by act of the legislature of such state,  in   such  form and manner as it may choose and as may be valid and effective   to repeal a statute of said state, provided that such renunciation shall   not become effective until six months after notice of such action  shall   have  been  officially  communicated in writing to the executive head of   the other party states.ARTICLE IXIt is intended that the provisions of this compact shall be reasonably   and  liberally  construed  to  effectuate  the  purposes  thereof.   The   provisions of this compact shall be severable and if any phrase, clause,   sentence  or provision of this compact is declared to be contrary to the   constitution of any party state or of the United States, or in the  case   of  a  Province, to the British North America Act of 1867 as amended, or   the applicability thereof to any state, agency, person  or  circumstance   is  held invalid, the constitutionality of the remainder of this compact   and  the  applicability  thereof  to  any  state,  agency,   person   or   circumstance  shall  not  be  affected thereby, provided further that if   this compact shall be held contrary to the constitution  of  the  United   States,  or  in the case of a Province, to the British North America Act   of 1867 as amended, or of any party state, the compact shall  remain  in   full  force  and effect as to the remaining states and in full force and   effect as to the state affected as to all severable matters.