NY Agric & Mkts L § 149 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 11 - Integrated Pest Management Program 149 - Enactment of Compact.

§  149.  Enactment  of  compact. 1. The pest control compact is hereby enacted into law and entered into with all other  jurisdictions  legally joining therein in the form substantially as follows:                            PEST CONTROL COMPACT                                 ARTICLE I                                 Findings   The party states find that:  (a)  In  the  absence  of  the higher degree of cooperation among them possible under this compact, the  annual  loss  of  approximately  seven billion  dollars  from the depredations of pests is virtually certain to continue, if not to increase.  (b) Because of varying climatic, geographic and economic factors, each state may be affected differently by particular species  of  pests;  but all states share the inability to protect themselves fully against those pests which present serious dangers to them.  (c)  The  migratory  character of pest infestations makes it necessary for states both adjacent to and distant from one another, to  complement each  other's  activities  when faced with conditions of infestation and reinfestation.  (d) While every state is seriously affected by a substantial number of pests, and every state is susceptible of infestation by many species  of pests  not  now  causing damage to its crop and plant life and products, the fact that relatively few species of pests present equal danger to or are of interest to all states makes the establishment and  operation  of an  insurance  fund,  from  which individual states may obtain financial support for pest control programs of benefit to them in other states and to  which  they  may  contribute  in  accordance  with  their   relative interests,  the  most  equitable  means  of  financing  cooperative pest eradication and control programs.                                ARTICLE II                                Definitions   As used in  this  compact,  unless  the  context  clearly  requires  a different construction:  (a)  "State"  means  a  state,  territory  or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.  (b) "Requesting state" means a state which invokes the  procedures  of the  compact to secure the undertaking or intensification of measures to control or eradicate one or more pests within one or more other states.  (c) "Responding  state"  means  a  state  requested  to  undertake  or intensify  the  measures referred to in subdivision (a) of article VI of this compact.  (d) "Pest" means any invertebrate animal, pathogen, parasitic plant or similar or allied organism which can cause  disease  or  damage  in  any crops, trees, shrubs, grasses or other plants of substantial value.  (e) "Insurance fund" means the pest control insurance fund established pursuant to this compact.  (f)  "Governing  board"  means  the  administrators  of  this  compact representing all of the party states when such administrators are acting as a body in pursuance of authority vested in them by this compact.  (g) "Executive committee" means the committee established pursuant  to subdivision (e) of article V of this compact.                                ARTICLE III                            The Insurance Fund   There  is  hereby  established the pest control insurance fund for the purpose of financing other than normal  pest  control  operations  which states  may  be  called  upon to engage in pursuant to this compact. The insurance fund shall contain moneys appropriated  to  it  by  the  party states  and any donations and grants accepted by it. All appropriations,  except as conditioned by the rights  and  obligations  of  party  states expressly  set forth in this compact, shall be unconditional and may not be restricted by the appropriating state to use in the  control  of  any specified  pest  or  pests.  Donations  and grants may be conditional or unconditional, provided that the insurance fund  shall  not  accept  any donation  or  grant  whose  terms are inconsistent with any provision of this compact.                                ARTICLE IV          The Insurance Fund, Internal Operations and Management  (a) The insurance fund shall be administered by a governing board  and executive   committee  as  hereinafter  provided.  The  actions  of  the governing board and executive committee pursuant to this  compact  shall be deemed the actions of the insurance fund.  (b)  The  members of the governing board shall be entitled to one vote each on such board. No action of the governing board  shall  be  binding unless  taken  at  a  meeting at which a majority of the total number of votes on the governing board are cast in favor thereof.  Action  of  the governing  board  shall  be only at a meeting at which a majority of the members are present.  (c) The insurance fund shall have a seal which may be employed  as  an official symbol and which may be affixed to documents and otherwise used as the governing board may provide.  (d)  The governing board shall elect annually, from among its members, a chairman, a vice chairman, a secretary and a treasurer.  The  chairman may  not  succeed  himself. The governing board may appoint an executive director and fix his duties and his compensation, if any. Such executive director shall serve  at  the  pleasure  of  the  governing  board.  The governing  board  shall  make  provision  for the bonding of such of the officers and employees of the insurance fund as may be appropriate.  (e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, or if there  be no  executive director, the chairman, in accordance with such procedures as the bylaws may provide,  shall  appoint,  remove  or  discharge  such personnel  as  may  be necessary for the performance of the functions of the insurance fund and shall fix the duties  and  compensation  of  such personnel.  The  governing  board  in  its  bylaws shall provide for the personnel policies and programs of the insurance fund.  (f) The insurance fund may borrow, accept or contract for the services of  personnel  from  any  state,  the  United  States,  or   any   other governmental   agency,   or   from  any  person,  firm,  association  or corporation.  (g) The insurance  fund  may  accept  for  any  of  its  purposes  and functions under this compact any and all donations, and grants of money, equipment,  supplies,  materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency,  or from  any  person,  firm,  association  or corporation, and may receive, utilize and dispose of the same. Any donation, gift or grant accepted by the governing board pursuant to this subdivision  or  services  borrowed pursuant  to  subdivision  (f)  of this article shall be reported in the annual report of the insurance  fund.  Such  report  shall  include  the nature,  amount  and conditions, if any, of the donation, gift, grant or services borrowed and the identity of the donor or lender.  (h) The governing board shall adopt bylaws  for  the  conduct  of  the business  of  the  insurance  fund and shall have the power to amend and rescind these bylaws. The insurance fund shall  publish  its  bylaws  in convenient  form  and  shall  file  a  copy  thereof  and  a copy of any amendment thereto with the appropriate agency or officer in each of  the party states.  (i)  The  insurance  fund  annually  shall  make  to  the governor and legislature of each party state a report covering its activities for the preceding year. The insurance fund may make such additional  reports  as it may deem desirable.  (j)  In  addition to the powers and duties specifically authorized and imposed, the insurance fund may do such other things  as  are  necessary and incidental to the conduct of its affairs pursuant to this compact.                                  ARTICLE V                 Compact and Insurance Fund Administration  (a)  In  each  party state there shall be a compact administrator, who shall be selected and serve in such manner as the laws  of  his  or  her state may provide, and who shall:   1. Assist in the coordination of activities pursuant to the compact in his or her state; and   2.  Represent his or her state on the governing board of the insurance fund.  (b) If the laws of the United States specifically so  provide,  or  if administrative provision is made therefor within the federal government, the  United  States  may  be  represented  on the governing board of the insurance  fund  by  not  to  exceed  three  representatives.  Any  such representative   or  representatives  of  the  United  States  shall  be appointed and serve in such manner as may be provided by or pursuant  to federal  law,  but  no  such  representative  shall  have  a vote on the governing board or on the executive committee thereof.  (c) The governing board shall meet at least once  each  year  for  the purpose  of determining policies and procedures in the administration of the insurance fund and, consistent with the provisions of  the  compact, supervising  and  giving direction to the expenditure of moneys from the insurance fund. Additional meetings of the governing board shall be held on call of the chairman, the executive committee, or a majority  of  the membership of the governing board.  (d) At such times as it may be meeting, the governing board shall pass upon  applications  for assistance from the insurance fund and authorize disbursements therefrom. When the governing board is not in session, the executive committee thereof shall act as agent of the  governing  board, with full authority to act for it in passing upon such applications.  (e)  The  executive committee shall be composed of the chairman of the governing board and four  additional  members  of  the  governing  board chosen by it so that there shall be one member representing each of four geographic  groupings  of  party  states. The governing board shall make such geographic groupings. If there  is  representation  of  the  United States on the governing board, one such representative may meet with the executive  committee.  The  chairman  of  the  governing  board shall be chairman  of  the  executive  committee.  No  action  of  the  executive committee  shall  be binding unless taken at a meeting at which at least four members of such committee are present and vote  in  favor  thereof. Necessary  expenses  of  each  of  the  five  members  of  the executive committee incurred in attending meetings of  such  committee,  when  not held  at  the  same  time and place as a meeting of the governing board, shall be charges against the insurance fund.                                 ARTICLE VI                       Assistance and Reimbursement  (a) Each party state pledges to each other party state  that  it  will employ  its  best  efforts to eradicate, or control within the strictest practicable limits, any and all pests. It is recognized that performance of this responsibility involves:    1. The maintenance of  pest  control  and  eradication  activities  of interstate  significance  by  a  party  state  at  a level that would be reasonable for its own protection in the absence of this compact.   2.  The  meeting  of emergency outbreaks or infestations of interstate significance to no less an extent than  would  have  been  done  in  the absence of this compact.  (b)  Whenever a party state is threatened by a pest not present within its borders but present within another party state, or whenever a  party state  is  undertaking  or  engaged  in  activities  for  the control or eradication of a pest or pests, and finds that such  activities  are  or would  be  impracticable  or  substantially more difficult of success by reason of failure of another party state to  cope  with  infestation  or threatened  infestation,  that  state may request the governing board to authorize expenditures  from  the  insurance  fund  for  eradication  or control  measures  to be taken by one or more of such other party states at a  level  sufficient  to  prevent,  or  to  reduce  to  the  greatest practicable  extent,  infestation  or  reinfestation  of  the requesting state. Upon such authorization the responding state or states shall take or increase such eradication or control measures as may be warranted.  A responding state shall use moneys made available from the insurance fund expeditiously  and  efficiently  to  assist  in affording the protection requested.  (c) In order to apply for expenditures  from  the  insurance  fund,  a requesting state shall submit the following in writing:   1.  A  detailed  statement  of  the  circumstances  which occasion the request for the invoking of the compact.   2. Evidence that the pest on account of whose eradication  or  control assistance  is  requested  constitutes  a  danger  to an agricultural or forest crop, product,  tree,  shrub,  grass  or  other  plant  having  a substantial value to the requesting state.   3.  A  statement of the extent of the present and projected program of the requesting state and its subdivisions, including full information as to the legal authority for the conduct of such program or  programs  and the expenditures being made or budgeted therefor, in connection with the eradication,   control,  or  prevention  of  introduction  of  the  pest concerned.   4. Proof that the expenditures being made or budgeted as  detailed  in paragraph three of this subdivision do not constitute a reduction of the effort for the control or eradication of the pest concerned or, if there is  a  reduction,  the  reasons  why  the  level  of program detailed in paragraph three of this subdivision constitutes a normal level  of  pest control activity.   5.  A  declaration  as  to  whether,  to the best of its knowledge and belief, the conditions which in its view occasion the  invoking  of  the compact in the particular instance can be abated by a program undertaken with  the  aid of moneys from the insurance fund in one year or less, or whether the request is for an installment in a program which  is  likely to continue for a longer period of time.   6.   Such  other  information  as  the  governing  board  may  require consistent with the provisions of this compact.  (d) The governing board or executive committee shall give  due  notice of any meeting at which an application for assistance from the insurance fund  is  to  be  considered.  Such notice shall be given to the compact administrator of each  party  state  and  to  such  other  officers  and agencies  as  may  be  designated  by  the laws of the party states. The requesting state and any other party  state  shall  be  entitled  to  be represented and present evidence and argument at such meeting.  (e) Upon the submission as required by subdivision (c) of this article and  such  other  information  as  it  may  have  or  acquire,  and upon determining that an expenditure of funds is within the purposes of  this compact   and  justified  thereby,  the  governing  board  or  executive committee shall authorize support of the program. The governing board or the executive committee may meet at any time or place for the purpose of receiving  and considering an application. Any and all determinations of the  governing  board  or  executive  committee,  with  respect  to   an application,  together  with  the reasons therefor shall be recorded and subscribed in such manner as to show  and  preserve  the  votes  of  the individual members thereof.  (f)  A  requesting state which is dissatisfied with a determination of the executive committee shall upon notice in writing given within twenty days of the determination with which it is dissatisfied, be entitled  to receive  a  review  thereof  at the next meeting of the governing board. Determinations of the executive committee shall be  reviewable  only  by the  governing  board  at  one  of its regular meetings, or at a special meeting held in such manner as the governing board may authorize.  (g) Responding states  required  to  undertake  or  increase  measures pursuant  to  this  compact  may receive moneys from the insurance fund, either at the time or times  when  such  state  incurs  expenditures  on account  of such measures, or as reimbursement for expenses incurred and chargeable to the insurance fund. The governing board shall  adopt  and, from  time  to  time,  may  amend or revise procedures for submission of claims upon it and for payment thereof.  (h) Before authorizing the expenditure of moneys  from  the  insurance fund  pursuant  to  an  application of a requesting state, the insurance fund shall ascertain the extent and nature of any timely  assistance  or participation  which  may  be  available from the federal government and shall  request  the  appropriate  agency  or  agencies  of  the  federal government for such assistance and participation.  (i)  The  insurance  fund  may  negotiate  and execute a memorandum of understanding or other appropriate instrument defining  the  extent  and degree  of  assistance  or participation between and among the insurance fund, cooperating  federal  agencies,  states  and  any  other  entities concerned.                                ARTICLE VII                     Advisory and Technical Committees   The  governing  board  may establish advisory and technical committees composed of state, local, and federal officials, and private persons  to advise  it  with  respect  to any one or more of its functions. Any such advisory or technical committee, or any member or  members  thereof  may meet  with  and  participate  in  its deliberations. Upon request of the governing  board  or  executive  committee  an  advisory  or   technical committee  may  furnish  information and recommendations with respect to any application for assistance from the insurance fund being  considered by  such  board  or committee and the board or committee may receive and consider the same; provided that any participant in  a  meeting  of  the governing  board or executive committee held pursuant to subdivision (d) of article VI of this compact shall be entitled to know the substance of any such information and recommendations, at the time of the meeting  if made prior thereto or as a part thereof or, if made thereafter, no later than  the time at which the governing board or executive committee makes its disposition of the application.                                ARTICLE VIII                   Relations with Nonparty Jurisdictions  (a) A party  state  may  make  application  for  assistance  from  the insurance  fund  in  respect  of  a  pest  in  a  nonparty  state.  Such  application shall be considered and disposed of by the  governing  board or executive committee in the same manner as an application with respect to a pest within a party state, except as provided in this article.  (b)  At  or  in  connection with any meeting of the governing board or executive committee held pursuant to subdivision (d) of  article  VI  of this  compact a nonparty state shall be entitled to appear, participate, and receive information only to such extent as the  governing  board  or executive  committee may provide. A nonparty state shall not be entitled to review of any determination made by the executive committee.  (c)  The  governing  board  or  executive  committee  shall  authorize expenditures from the insurance fund to be made in a nonparty state only after  determining  that  the  conditions in such state and the value of such expenditures to the party states  as  a  whole  justify  them.  The governing  board  or executive committee may set any conditions which it deems appropriate with respect to the expenditure  of  moneys  from  the insurance  fund in a nonparty state and may enter into such agreement or agreements with nonparty states and other jurisdictions or  entities  as it  may  deem  necessary  or appropriate to protect the interests of the insurance fund with respect to expenditures and  activities  outside  of party states.                                ARTICLE IX                                  Finance  (a)  The  insurance  fund  shall  submit  to  the  executive  head  or designated officer or officers of each party  state  a  budget  for  the insurance  fund  for  such period as may be required by the laws of that party state for presentation to the legislature thereof.  (b) Each of the budgets shall contain specific recommendations of  the amount  or  amounts  to be appropriated by each of the party states. The requests for appropriations shall be apportioned among the party  states as  follows:  One-tenth  of  the  total  budget  in equal shares and the remainder in proportion to the value of agricultural  and  forest  crops and  products,  excluding  animals and animal products, produced in each party state. In determining the value of such  crops  and  products  the insurance  fund  may  employ such source or sources of information as in its judgment present the most equitable and accurate  comparisons  among the  party  states.  Each of the budgets and requests for appropriations shall indicate the source  or  sources  used  in  obtaining  information concerning value of products.  (c)  The financial assets of the insurance fund shall be maintained in two accounts to be designated respectively as  the  "operating  account" and  the  "claims  account." The operating account shall consist only of those assets necessary for the  administration  of  the  insurance  fund during  the  next  ensuing  two-year  period.  The  claims account shall contain all moneys not included in the operating account and  shall  not exceed  the  amount  reasonably  estimated  to  be sufficient to pay all legitimate claims on the insurance fund for a period of three years.  At any  time when the claims account has reached its maximum limit or would reach its  maximum  limit  by  the  addition  of  moneys  requested  for appropriation  by the party states, the governing board shall reduce its budget requests on a pro rata basis in such manner as to keep the claims account within such maximum limit. Any moneys in the claims  account  by virtue  of  conditional  donations, grants or gifts shall be included in calculations made pursuant to this subdivision only to the  extent  that such moneys are available to meet demands arising out of claims.  (d) The insurance fund shall not pledge the credit of any party state. The  insurance  fund may meet any of its obligations in whole or in part with moneys available to it under subdivision (g) of article IV of  this compact, provided that the governing board takes specific action setting  aside  such  moneys prior to incurring any obligation to be met in whole or in part in such manner. Except where the insurance fund makes use  of moneys  available  to  it  under  subdivision  (g) of article IV of this compact,  the insurance fund shall not incur any obligation prior to the allotment of moneys by the party states adequate to meet the same.  (e) The insurance fund shall keep accurate accounts  of  all  receipts and  disbursements. The receipts and disbursements of the insurance fund shall be subject to the  audit  and  accounting  procedures  established under  its  bylaws.  However,  all  receipts  and disbursements of funds handled by the insurance fund shall be audited yearly by a certified  or licensed  public  accountant and a report of the audit shall be included in and become part of the annual report of the insurance fund.  (f) The accounts of the insurance fund shall be open at any reasonable time for inspection by duly authorized officers of the party states  and by any persons authorized by the insurance fund.                                  ARTICLE X                      Entry Into Force and Withdrawal  (a)  This  compact shall enter into force when enacted into law by any five or more states. Thereafter, this compact shall become effective  as to any other state upon its enactment thereof.  (b)  Any  party  state  may  withdraw  from this compact by enacting a statute repealing the same, but no such  withdrawal  shall  take  effect until  two  years  after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of  all other  party  states.  No  withdrawal shall affect any liability already incurred by or chargeable to a party state prior to  the  time  of  such withdrawal.                                 ARTICLE XI                       Construction and Severability  (a)  This compact shall be liberally construed so as 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 state or of the United States or the applicability  thereof  to  any  government,  agency,  person  or circumstance  is  held  invalid,  the  validity of the remainder of this compact and the applicability thereof to any government, agency,  person or  circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining  party states  and  in full force and effect as to the state affected as to all severable matters.  (b) The compact administrator for this state shall be the commissioner who shall be authorized within the meaning of subdivision (b) of article VI or subdivision (a) of  article  VIII  of  this  compact,  to  request assistance  from  the insurance fund whenever in his or her judgment the conditions qualifying this state for such assistance exist and it  would be in the best interest of this state to make such request.  (c)  Within  available  appropriations,  the departments, agencies and officers of the state may assist the commissioner in  administration  of the pest control compact.  (d)  Pursuant to subdivision (h) of article IV of this compact, copies of bylaws and amendments thereto shall be filed with  the  secretary  of state.