2023 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 I
The  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 II
A. 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 III
The 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 IV
A. 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 V
A. 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 VI
The 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 VII
Each  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 VIII
This  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 IX
It 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.