§ 21-0901 — Great Lakes Basin Compact

New York § 21-0901

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 9: Great Lakes Basin Compact
• Art. 21: Pollution Control Compacts

Text

§ 21-0901. Great Lakes Basin Compact.\n The Great Lakes Basin Compact, as first enacted by chapter 643 of the\nlaws of l960, as reenacted by chapter 473 of the laws of 1961, and as\nrenumbered by chapter 73 of the laws of l962, is hereby continued. The\ncompact is as follows:\n The party states solemnly agree:\n ARTICLE I\n The purposes of this compact are, through means of joint or\ncooperative action:\n 1. To promote the orderly, integrated, and comprehensive development,\nuse, and conservation of the water resources of the Great Lakes Basin\n(hereinafter called the Basin).\n 2. To plan for the welfare and development of the water resources of\nthe Basin as a whole as well as for those portions of the Basin which\nmay have problems of special concern.\n 3. To make it possible for the states of the Basin and their people to\nderive the maximum benefit from utilization of public works, in the form\nof navigational aids or otherwise, which may exist or which may be\nconstructed from time to time.\n 4. To advise in securing and maintaining a proper balance among\nindustrial, commercial, agricultural, water supply, residential,\nrecreational, and other legitimate uses of the water resources of the\nBasin.\n 5. To establish and maintain an intergovernmental agency to the end\nthat the purposes of this compact may be accomplished more effectively.\n ARTICLE II\n A. This compact shall enter into force and become effective and\nbinding when it has been enacted by the legislatures of any four of the\nStates of Illinois, Indiana, Michigan, Minnesota, New York, Ohio,\nPennsylvania, and Wisconsin and thereafter shall enter into force and\nbecome effective and binding as to any other of said states when enacted\nby the legislature thereof.\n B. The Province of Ontario and the Province of Quebec, or either of\nthem, may become states party to this compact by taking such action as\ntheir laws and the laws of the Government of Canada may prescribe for\nadherence thereto. For the purpose of this compact the word "state"\nshall be construed to include a Province of Canada.\n ARTICLE III\n The Great Lakes Commission created by Article IV of this compact shall\nexercise its powers and perform its functions in respect to the Basin\nwhich, for the purposes of this compact, shall consist of so much of the\nfollowing as may be within the party states:\n 1. Lakes Erie, Huron, Michigan, Ontario, St. Clair, Superior, and the\nSt. Lawrence River, together with any and all natural or man-made water\ninterconnections between or among them.\n 2. All rivers, ponds, lakes, streams, and other watercourses which, in\ntheir natural state or in their prevailing condition, are tributary to\nLakes Erie, Huron, Michigan, Ontario, St. Clair, and Superior or any of\nthem or which comprise part of any watershed draining into any of said\nlakes.\n ARTICLE IV\n A. There is hereby created an agency of the party states to be known\nas The Great Lakes Commission, (hereinafter called the Commission). In\nthat name the Commission may sue and be sued, acquire, hold and convey\nreal and personal property and any interest therein. The Commission\nshall have a seal with the words "The Great Lakes Commission" and such\nother design as it may prescribe engraved thereon by which it shall\nauthenticate its proceedings. Transactions involving real or personal\nproperty shall conform to the laws of the state in which the property is\nlocated, and the Commission may by bylaws provide for the execution and\nacknowledgment of all instruments in its behalf.\n B. The Commission shall be composed of not less than three\ncommissioners nor more than five commissioners from each party state\ndesignated or appointed in accordance with the law of the state which\nthey represent and serving and subject to removal in accordance with\nsuch law.\n C. Each state delegation shall be entitled to three votes in the\nCommission. The presence of commissioners from a majority of the party\nstates shall constitute a quorum for the transaction of business at any\nmeeting of the Commission. Actions of the Commission shall be by a\nmajority of the votes cast except that any recommendations made pursuant\nto Article VI of this compact shall require an affirmative vote of not\nless than a majority of the votes cast from each of a majority of the\nstates present and voting.\n D. The commissioners of any two or more party states may meet\nseparately to consider problems of particular interest to their states\nbut no action taken at any such meeting shall be deemed an action of the\nCommission unless and until the Commission shall specifically approve\nthe same.\n E. In the absence of any commissioner, his vote may be cast by another\nrepresentative or commissioner of his state provided that said\ncommissioner or other representative casting said vote shall have a\nwritten proxy in proper form as may be required by the Commission.\n F. The Commission shall elect annually from among its members a\nchairman and vice-chairman. The Commission shall appoint an Executive\nDirector who shall also act as secretary-treasurer, and who shall be\nbonded in such amount as the Commission may require. The Executive\nDirector shall serve at the pleasure of the Commission and at such\ncompensation and under such terms and conditions as may be fixed by it.\nThe Executive Director shall be custodian of the records of the\nCommission with authority to affix the Commission's official seal and to\nattest to and certify such records or copies thereof.\n G. The Executive Director, subject to the approval of the Commission\nin such cases as its bylaws may provide, shall appoint and remove or\ndischarge such personnel as may be necessary for the performance of the\nCommission's functions. Subject to the aforesaid approval, the Executive\nDirector may fix their compensation, define their duties, and require\nbonds of such of them as the Commission may designate.\n H. The Executive Director, on behalf of, as trustee for, and with the\napproval of the Commission, may borrow, accept, or contract for the\nservices of personnel from any state or government or any subdivision or\nagency thereof, from any intergovernmental agency, or from any\ninstitution, person, firm or corporation; and may accept for any of the\nCommission's purposes and functions under this compact any and all\ndonations, gifts, and grants of money, equipment, supplies, materials,\nand services from any state or government or any subdivision or agency\nthereof or intergovernmental agency or from any institution, person,\nfirm or corporation and may receive and utilize the same.\n I. The Commission may establish and maintain one or more offices for\nthe transacting of its business and for such purposes the Executive\nDirector, on behalf of, as trustee for, and with the approval of the\nCommission, may acquire, hold and dispose of real and personal property\nnecessary to the performance of its functions.\n J. No tax levied or imposed by any party state or any political\nsubdivision thereof shall be deemed to apply to property, transactions,\nor income of the Commission.\n K. The Commission may adopt, amend and rescind bylaws, rules and\nregulations for the conduct of its business.\n L. The organization meeting of the Commission shall be held within six\nmonths from the effective date of this compact.\n M. The Commission and its Executive Director shall make available to\nthe party states any information within its possession and shall always\nprovide free access to its records by duly authorized representatives of\nsuch party states.\n N. The Commission shall keep a written record of its meetings and\nproceedings and shall annually make a report thereof to be submitted to\nthe duly designated official of each party state.\n O. The Commission shall make and transmit annually to the legislature\nand Governor of each party state a report covering the activities of the\nCommission for the preceding year and embodying such recommendations as\nmay have been adopted by the Commission. The Commission may issue such\nadditional reports as it may deem desirable.\n ARTICLE V\n A. The members of the Commission shall serve without compensation, but\nthe expenses of each commissioner shall be met by the state which he\nrepresents in accordance with the law of that state. All other expenses\nincurred by the Commission in the course of exercising the powers\nconferred upon it by this compact, unless met in some other manner\nspecifically provided by this compact, shall be paid by the Commission\nout of its own funds.\n B. The Commission shall submit to the executive head or designated\nofficer of each party state a budget of its estimated expenditures for\nsuch period as may be required by the laws of that state for\npresentation to the legislature thereof.\n C. Each of the Commission's budgets of estimated expenditures shall\ncontain specific recommendations of the amount or amounts to be\nappropriated by each of the party states. Detailed commission budgets\nshall be recommended by a majority of the votes cast, and the costs\nshall be allocated equitably among the party states in accordance with\ntheir respective interests.\n D. The Commission shall not pledge the credit of any party state. The\nCommission may meet any of its obligations in whole or in part with\nfunds available to it under Article IV (II) of this compact, provided\nthat the Commission takes specific action setting aside such funds prior\nto the incurring of any obligations to be met in whole or in part in\nthis manner. Except where the Commission makes use of funds available to\nit under Article IV (H) hereof, the Commission shall not incur any\nobligations prior to the allotment of funds by the party states adequate\nto meet the same.\n E. The Commission shall keep accurate accounts of all receipts and\ndisbursements. The receipts and disbursements of the Commission shall be\nsubject to the audit and accounting procedures established under the\nbylaws. However, all receipts and disbursements of funds handled by the\nCommission shall be audited yearly by a qualified public accountant and\nthe report of the audit shall be included in and become a part of the\nannual report of the Commission.\n F. The accounts of the Commission shall be open at any reasonable time\nfor inspection by such agency, representative or representatives of the\nparty states as may be duly constituted for that purpose and by others\nwho may be authorized by the Commission.\n ARTICLE VI\n The Commission shall have power to:\n A. Collect, correlate, interpret, and report on data relating to the\nwater resources and the use thereof in the Basin or any portion thereof.\n B. Recommend methods for the orderly, efficient, and balanced\ndevelopment, use, and conservation of the water resources of the Basin\nor any portion thereof to the party states and to any other governments\nor agencies having interests in or jurisdiction over the Basin or any\nportion thereof.\n C. Consider the need for and desirability of public works and\nimprovements relating to the water resources in the Basin or any portion\nthereof.\n D. Consider means of improving navigation and port facilities in the\nBasin or any portion thereof.\n E. Consider means of improving and maintaining the fisheries of the\nBasin or any portion thereof.\n F. Recommend policies relating to water resources including the\ninstitution and alteration of flood plain and other zoning laws,\nordinances and regulations.\n G. Recommend uniform or other laws, ordinances, or regulations\nrelating to the development, use and conservation of the Basin's water\nresources to the party states or any of them and to other governments,\npolitical subdivisions, agencies or intergovernmental bodies having\ninterests in or jurisdiction sufficient to affect conditions in the\nBasin or any portion thereof.\n H. Consider and recommend amendments or agreements supplementary to\nthis compact to the party states or any of them, and assist in the\nformulation and drafting of such amendments or supplementary agreements.\n I. Prepare and publish reports, bulletins, and publications\nappropriate to this work and fix reasonable sale prices therefor.\n J. With respect to the water resources of the Basin or any portion\nthereof, recommend agreements between the governments of the United\nStates and Canada.\n K. Recommend mutual arrangements expressed by concurrent or reciprocal\nlegislation on the part of Congress and the Parliament of Canada\nincluding but not limited to such agreements and mutual arrangements as\nare provided for by Article XIII of the Treaty of 1909 Relating to\nBoundary Waters and Questions Arising Between the United States and\nCanada. (Treaty Series, No. 548).\n L. Cooperate with the governments of the United States and of Canada,\nthe party states and any public or private agencies or bodies having\ninterests in or jurisdiction sufficient to affect the Basin or any\nportion thereof.\n M. At the request of the United States, or in the event that a\nProvince shall be a party state, at the request of the Government of\nCanada, assist in the negotiation and formulation of any treaty or other\nmutual arrangement or agreement between the United States and Canada\nwith reference to the Basin or any portion thereof.\n N. Make any recommendation and do all things necessary and proper to\ncarry out the powers conferred upon the Commission by this compact,\nprovided that no action of the Commission shall have the force of law\nin, or be binding upon, any party state.\n ARTICLE VII\n Each party state agrees to consider the action the Commission\nrecommends in respect to:\n A. Stabilization of lake levels.\n B. Measures for combating pollution, beach erosion, floods, and shore\ninundation.\n C. Uniformity in navigation regulations within the constitutional\npowers of the states.\n D. Proposed navigation aids and improvements.\n E. Uniformity or effective coordinating action in fishing laws and\nregulations and cooperative action to eradicate destructive and\nparasitical forces endangering the fisheries, wild life and other water\nresources.\n F. Suitable hydroelectric power developments.\n G. Cooperative programs for control of soil and bank erosion for the\ngeneral improvement of the Basin.\n H. Diversion of waters from and into the Basin.\n I. Other measures the Commission may recommend to the states pursuant\nto Article VI of this compact.\n ARTICLE VIII\n This compact shall continue in force and remain binding upon each\nparty state until renounced by act of the legislature of such state, in\nsuch form and manner as it may choose and as may be valid and effective\nto repeal a statute of said state, provided that such renunciation shall\nnot become effective until six months after notice of such action shall\nhave been officially communicated in writing to the executive head of\nthe other party states.\n ARTICLE IX\n It is intended that the provisions of this compact shall be reasonably\nand liberally construed to effectuate the purposes thereof. The\nprovisions of this compact shall be severable and if any phrase, clause,\nsentence or provision of this compact is declared to be contrary to the\nconstitution of any party state or of the United States, or in the case\nof a Province, to the British North America Act of 1867 as amended, or\nthe applicability thereof to any state, agency, person or circumstance\nis held invalid, the constitutionality of the remainder of this compact\nand the applicability thereof to any state, agency, person or\ncircumstance shall not be affected thereby, provided further that if\nthis compact shall be held contrary to the constitution of the United\nStates, or in the case of a Province, to the British North America Act\nof 1867 as amended, or of any party state, the compact shall remain in\nfull force and effect as to the remaining states and in full force and\neffect as to the state affected as to all severable matters.\n