§ 21-1101 — Champlain basin compact

New York § 21-1101

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 11: Champlain Basin Compact
• Art. 21: Pollution Control Compacts

Text

§ 21-1101. Champlain basin compact.\n The Champlain basin compact as first entered into pursuant to chapter\n905 of the laws of 1966, is hereby continued as follows:\n THE CHAMPLAIN BASIN COMPACT\n ARTICLE 1--PURPOSE\n 1.1 The signatory parties agree that there is need for a regional\nintergovernmental forum for consideration of the problems and\ncoordination of governmental activities in the great underdeveloped\nChamplain Basin.\n 1.2 The signatory parties recognize the water and related resources\nof the Champlain Basin as regional assets vested with local, state and\nnational interests for which they have joint responsibility, and that\nthe conservation, utilization, development, management and control of\nthe water and related resources of the Champlain Basin under a\ncomprehensive multi-purpose plan is essential to provide the greatest\nbenefits for the public welfare.\n 1.3 The signatory parties acknowledge that planning and protection\nare essential in order to assure orderly development, safeguard the\nvalues of the area, and preserve the magnificent beauties and amenities\nof the great boundary sea of Lake Champlain and its environs, and this\nneed is greatest in the areas most subject to the pressures of\nurbanization, the counties riparian on Lake Champlain and in particular\nthe lake and its immediate environs.\n 1.4 To these ends, the signatory parties find that it is essential to\nestablish a joint agency of the signatory parties, with powers\nsufficient and appropriate:\n a) to provide a forum for consultation among and coordination of\ngovernmental agencies in the area.\n b) formulate a comprehensive plan and program to effectuate proper\nmanagement of the water and related resources of the Champlain Basin.\n c) encourage and implement planning and protection of values and\namenities in the counties riparian on Lake Champlain.\n d) consider, formulate and recommend programs and provisions for the\nprotection of the values and amenities of Lake Champlain and its\nimmediate environs; and administer and enforce such programs when\nauthorized by the legislatures of the respective states.\n ARTICLE 2--SHORT TITLE, DEFINITIONS\n 2.1 This act shall be known and may be cited as the Champlain Basin\nCompact.\n 2.2 The term "Champlain Region" shall mean the area included within\nthe boundaries of the Champlain Basin.\n 2.3 The term "Champlain Basin" shall mean Lake Champlain, its\ntributaries and all land drained by that Lake and its tributaries to\nwhatever extent they lie within the signatory states.\n 2.4 The term "Champlain Valley" shall mean the area in Vermont\ncontained in the counties of Grand Isle, Franklin, Chittenden, Addison,\nand those portions of Rutland County which are within the basin, the\nareas in New York contained in the counties of Clinton, Essex, Warren,\nand those portions of Washington county which are within the basin.\n 2.5 The term "Lake Champlain Park" shall mean Lake Champlain, its\nbays and indentations and shores, and the land and waters in both states\ncontained within one quarter of a mile west of the outside state\nproperty line of Interstate 87 from the international boundary to Glens\nFalls, on the east side contained within one quarter of a mile east of\nthe outside state property lines of Interstate 89 starting at the\nCanadian border to Burlington, Interstate 189 to South Burlington, U.\nS. 7 to Vergennes, 22A to Fairhaven and 4 to Whitehall, provided that\nwith respect to advertising this shall include any structures, displays\nor devices which can be seen from the lake if they are not otherwise\nincluded.\n 2.6 The term "Lake Champlain" shall include the Lake, its islands,\nthe lands under its waters up to the international boundary and its\ntributaries up to the boundaries of the Lake Champlain Park.\n ARTICLE 3\n 3.1 The Champlain Basin Compact shall come into effect when enacted\nby the legislatures of Vermont and New York.\n The provisions of Title 1 of Article 6 with respect to water and\nrelated resources management and the operation of the Basin panel with\nrespect thereto shall come into effect when enacted by Vermont and New\nYork and Title II of Article 6 shall come into effect when such a title\nhas been enacted by the two states and the Congress has enacted\nlegislation making the United States a signatory party to the provisions\nof Title II of Article 6 and provided for United States participation in\nthe Basin Panel.\n The provisions of Articles 7 and 8, the operation of the Valley\nCouncil with respect thereto, and all provisions of the compact except\nTitle II of Article 6 as provided for shall come into effect when\nenacted by Vermont and New York.\n 3.2 The province of Quebec and the Government of Canada subject to\nsuch arrangements as may be necessary to effect participation under the\nconstitutions of both nations may participate in this agreement or the\nBasin Panel thereof to that extent and under such terms as may be agreed\nbetween such government or governments and the signatory parties.\n 3.3 The Interstate Commission on the Lake Champlain Basin (Incochamp)\nis hereby created by the signatory parties as a body politic and\ncorporate, with succession for the duration of this compact, as an\nagency and instrumentality of those parties. The Commission shall be\ncomposed of six members from each state and when the United States\nparticipates in the Basin Panel as a signatory party, a representative\nof the United States with the following powers and duties.\n The states of Vermont and New York, and when the United States\nparticipates as a signatory party, the United States of America shall be\nentitled to a representative on the Basin Panel to act for it in the\nmanagement of the water and related resources of the Champlain Basin\nunder the provisions of Article 6. In the instance of Vermont and New\nYork, the state member shall be the Governor or a representative\ndesignated by the Governor to act for him. The United States\nrepresentative shall be appointed by the President.\n Each state shall name four planning members, and a state legislator\nfrom a constituency in the Champlain Basin. These members shall be\ndesignated or appointed and serve and be subject to removal as provided\nin the legislation by which their state enacts this compact.\n The representatives of the signatory parties shall exercise the\nfollowing voting powers in the Commission:\n The representative of the United States may participate in all\ndiscussions but vote only on all matters with respect to the provisions\nof Article 6 and the Basin Panel thereof.\n The representatives of each state on the Basin Panel may participate\nin all discussions and vote on all matters.\n The planning members may participate in all discussions and vote on\nall matters except those matters within the purview of the Basin Panel\nas embodied in Article 6 of this compact. The legislative member may\nparticipate in all discussions and vote on all matters except those\nmatters within the purview of the Basin Panel as embodied in Article 6\nof this compact and those with respect to management and administration\nof regulatory and proprietary functions contained or established under\nthe provisions of Articles 7 and 8.\n 3.4 a) The Commission as a whole shall act as a forum for the\nproblems of the Champlain region and, where needful, in coordinating the\nactivities within the region of the signatory parties, their\nsubdivisions and agencies, and in addressing general recommendations to\nany government or governments with jurisdiction within the area\nencompassed by the signatory parties other than recommendations with\nrespect to subjects on which recommendations are within the purview of\nthe Basin Panel as embodied in Article 6 of this compact.\n b) The Basin Panel of the Commission shall be composed of the\nrepresentatives of the signatory parties designated to act for them in\nthe management of the water and related resources of the Champlain\nBasin. Voting on all matters as included in Article 6 of this agreement\nshall be limited to the members of the Basin Panel. Each member of the\npanel shall be entitled to one vote on all matters which may come before\nthe panel. No action of the panel shall be taken at any meeting unless a\nmajority of the membership shall vote in favor thereof. Each member of\nthe panel shall appoint an alternative to act in his place and stead,\nwho shall attend all meetings of the Panel with power to vote in the\nabsence of the member.\n c) The Valley Council of the Commission shall act with respect to\nmatters relative to the Valley and Lake Champlain Park as included in\nArticles 7 and 8 and shall be composed of the four planning members from\neach state, the representatives of each state on the Basin Panel and\nsubject to the limitations described in 3.3 herein the Legislative\nmembers. Each member of the Valley Council shall be entitled to one\nvote. When the United States participates in the Basin Panel, the\nrepresentative of the United States shall be entitled to participate in\nthe discussions in the Valley Council and the Commission as a whole.\n d) No action of the Commission as a whole or its Valley Council shall\nbe binding unless taken at a meeting in which a majority of the members\nfrom each state are present and unless a majority of those qualified to\nvote on such action from each state concur, provided that any action not\nbinding for such reason may be ratified within thirty days by the\nconcurrence of a majority of each state. In the absence of any\nrepresentative his vote may be cast by another representative of his\ngovernment in the Commission, provided that the representative casting\nthe vote shall have a written proxy in proper form as may be required by\nthe Commission.\n 3.5 The Commission may sue and be sued, and shall have a seal.\n 3.6 The Commission shall elect annually, from among its members, a\nchairman, a vice-chairman, and a treasurer. The commission shall appoint\nan executive director who shall also act as secretary and who, together\nwith the treasurer, shall be bonded in such amounts as the Commission\nmay require. Each panel shall elect annually a chairman and\nvice-chairman from among its members.\n 3.7 Irrespective of the civil service, personnel or other merit\nsystem laws of any of the signatory parties, the Commission shall\nappoint and remove or discharge such personnel as may be necessary for\nthe performance of the Commission's functions. The Commission may\nestablish and maintain in conjunction with any one or more of the\nsignatory parties a suitable retirement system for its employees.\nEmployees of the Commission shall be eligible for social security\ncoverage in respect to old age and survivors insurance, provided that\nthe Commission takes such steps as may be necessary to participate in\nsuch program as of insurance as a governmental agency or unit.\n 3.8 The commission may establish and maintain or participate in such\nadditional programs of employee benefits as may be appropriate to afford\nemployees of the Commission terms and conditions of employment similar\nto those enjoyed by employees of the signatory states generally.\n 3.9 a) The Commission may borrow, accept or contract for the\nservices of personnel from any inter-governmental agency or government\nwith jurisdiction in the region or any subdivision or agency thereof, or\nfrom any institution, person, firm or corporation.\n b) The Commission may accept for any of its purposes and functions\nunder this Compact any and all donations, and grants of money,\nequipment, supplies, materials, and services, conditional or otherwise,\nfrom any government, inter-govermental agency, institution, person,\nfirm, or corporation, and may receive, utilize, and dispose of the same\nprovided no non-governmental donation or grant in kind or money shall be\naccepted for administrative or operating expenses. The Commission shall\nhave the power to apply and qualify for and accept federal grants.\n 3.10 a) The Commission may establish and maintain such facilities as\nmay be necessary for the transacting of its business. For these\npurposes the Commission may acquire, hold and convey real and personal\nproperty and any interest therein.\n b) The Commission may adopt, amend, and rescind bylaws, rules, and\nregulations for the conduct of its business.\n c) The Commission annually shall make a report to the Governors and\nthe President of the United States. The report, which shall cover the\nactivities of the Commission for the preceding year and embody such\nrecommendations as may have been adopted by the Commission, shall be\ntransmitted to the legislatures of all governments with jurisdiction in\nthe region. The Commission may issue such additional reports as it may\ndeem desirable.\n ARTICLE 4--FINANCE\n 4.1 The Commission shall submit to the executive head or designated\nofficer of each signatory party a budget or budgets for the Basin or\nValley including a statement of all funds expected to be available to\nthe Commission and their sources and, a request for an appropriation to\ncover that party's share of expenditures for such period as may be\nrequired by the laws of that jurisdiction for presentation to the\nlegislature thereof.\n 4. With due regard for such monies and other assistance as may be made\navailable to it, the Commission shall be provided with such funds by\neach of the several parties participating therein to provide the means\nof establishing and maintaining facilities, a staff of personnel, and\nsuch activities as may be necessary to fulfill the powers and duties\nimposed upon and entrusted to the Commission or the Basin Panel or\nValley Council thereof.\n With due allowance for monies otherwise available, and monies made\navailable by the United States of America, each budget of the Commission\nshall be the responsibility of the signatory parties, but as to the\nstates apportioned between them as follows: 50% on an equal basis; 30%\non the basis of population; 20% on the basis of area, such population to\nbe determined in accordance with the last official United States Census\nof Population.\n 4.3 The Commission shall not pledge the credit of any jurisdiction.\nThe Commission may meet any of its obligations in whole or in part with\nfunds available to it under 3.8(b) of this compact, provided that the\nCommission takes specific action setting aside such funds prior to the\nincurring of any obligation to be met in whole or in part in such\nmanner.\n 4.4 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 its\nbylaws. However, all receipts and disbursements of funds handled by the\nCommission shall be audited by a qualified public accountant and the\nreport of the audit shall be included in and become part of the annual\nreport of the Commission.\n 4.5 The accounts of the Commission shall be open at any reasonable\ntime for inspection by such agency, representative, or representatives\nof the jurisdictions which appropriate funds to the Commission.\n ARTICLE 5--CHAMPLAIN REGION--ORDERLY DEVELOPMENT\n 5.1 The Commission shall act as a general forum for the problems of\nthe region, including, but not limited to, those for which the agreement\nestablishes separate consideration by the Basin Panel and Valley\nCouncil, and to that end shall encourage and implement channels of\ncommunication and coordination among those departments and agencies of\nthe signatory parties and their subdivisions as have significant\ninterest in the subject matters of the Commission's activities and may\nmake such recommendations to those parties, and those departments,\nagencies, and subdivisions as may be desirable for the welfare and\norderly development of the region.\n 5.2 The Commission shall hold an annual general conference and such\nother conferences or meetings, general or particular, as it may deem\nadvisable to promote the welfare and orderly development of the region.\n 5.3 The Commission shall sponsor, organize or encourage and aid\nconferences of the local governments of the Basin or such areas thereof\nas may be appropriate to implement inter-governmental information,\nco-operation, and coordination on and among all levels of government in\nthe region. To effectuate better coordination in the region the\nCommission shall promote mutual aid and multilateral arrangements\nbetween the signatory parties and their agencies and local governments\nand their agencies and encourage interlocal legislation and agreements.\nIt may sponsor or encourage the publications of local government\nbulletins or information to these ends.\n 5.4 The Commission may:\n a) establish advisory and other technical committees as occasion\nwarrants, composed of private citizens, expert and lay personnel,\nrepresentatives of industry, labor, commerce, agriculture, civic\nassociations and officials, and personnel of any government or\ninter-governmental organization having jurisdiction in the region.\n b) cooperate with all appropriate governmental and private agencies\nin the encouragement of the orderly development of the region and of\ntourist traffic and facilities.\n c) organize, sponsor and encourage historical observances or other\nfestivals and exhibitions to promote the welfare and orderly development\nof the region.\n d) plan and recommend governmental services and programs which would\nbe of assistance to the orderly growth and prosperity of the region, and\nto the well-being of its population.\n e) study and recommend means for the most effective utilization of\nsuch federal assistance as may be available on a regional basis or may\nhave an interstate or regional impact.\n f) assist the party states in cooperative planning undertakings with\nthe federal government or any agencies thereof within the Champlain\nregion.\n 5.5 The Commission shall compile and keep current an inventory of\nscenic, ecological and historic sites and its recommendations with\nrespect thereto.\n ARTICLE 6--LAKE CHAMPLAIN BASIN--WATERSHED MANAGEMENT\n Title I\n 6.1 It is the purpose of this Compact to provide in the Champlain\nBasin improved procedures for the coordination of the policies, programs\nand activities of the several jurisdictions and private persons and\nentities in the field of water and related resources and for the\nplanning and management of the development, use and conservation of such\nwater and related resources.\n 6.2 The Commission utilizing appropriate state and other duly\nauthorized public agencies may through its Basin Panel:\n a) Conduct and sponsor research on water resources and their\nplanning, use, conservation, management, development, control, and\nprotection, and the capacity, adaptability, and best utility of each\nfacility thereof, and collect, compile, correlate, analyze, report, and\ninterpret data on water resources and uses in the basin, including\nwithout limitation thereto the relation of water to other resources,\nindustrial water technology, ground water movement, relation between\nwater price and water demand and other economic factors, and general\nhydrological conditions:\n b) Collect, compile, coordinate, and interpret systematic stream\nstage and ground water data, and publicize such information when and as\nneeded for water uses, flood warning, quality maintenance, or other\npurposes:\n c) Conduct ground and surface water investigations, tests, and\noperations, and compile data relating thereto as may be required to\nformulate and administer the comprehensive plan:\n d) Prepare, publish, and disseminate information and reports\nconcerning the water problems of the basin and for the presentation of\nthe needs and resources of the basin and policies of the commission to\nexecutive and legislative branches of the signatory parties to this\narticle.\n 6.3 The Commission through its Basin Panel shall develop and adopt,\nand may from time to time review and revise, a comprehensive plan for\nthe immediate and long range development and use of the water resources\nof the basin. The plan shall include all public and private projects\nand facilities which are required, in the judgment of the Commission,\nfor the optimum planning, development, conservation, utilization,\nmanagement, and control of the water resources of the basin to meet\npresent and future needs. The commission may adopt a comprehensive plan\nor any revision thereof in such part or parts as it may deem\nappropriate, provided that before the adoption of the plan or any part\nor revision thereof the Commission shall consult with water users and\ninterested public bodies and public utilities and shall consider and\ngive due regard to the findings and recommendations of the various\nagencies of the signatory parties, their political subdivisions and\ninterested groups. The Commission shall conduct public hearings with\nrespect to the comprehensive plan prior to the adoption of the plan or\nany part of the revision thereof and shall make public any dissenting or\nminority opinions.\n 6.4 The Commission shall promote and aid the coordination of the\nactivities and programs of Federal, state, municipal, and private\nagencies concerned with water resources administration in the basin.\n 6.5 In the event the legislatures of the two states and the Congress\nof the United States do not within a year from the date of the enactment\nof this Compact enact a Title II of this article providing for the\nimplementation of the comprehensive plan in terms of a water resources\nprogram and management of water and related resources in the Champlain\nBasin, the Basin Panel shall prepare and recommend provisions to\neffectuate these purposes for enactment as such title by the two states\nand the United States. Nothing in this article, however, shall be\nconstrued to prohibit action by the Basin Panel to this end during the\ntwo year period immediately following the enactment of this compact or\nthereafter.\n ARTICLE 7--CHAMPLAIN VALLEY--PLANNING FOR DEVELOPMENT\n 7.1 It is the purpose of this Compact to encourage and coordinate\nlocal, regional, interstate and international planning and zoning in the\nChamplain Valley in order to safeguard its beauty and amenities and\nassure its orderly development as population pressures inevitably grow\nin this core of the Champlain Basin.\n 7.2 The Commission, acting through its Valley Council may recommend\nstandards as guides for planning, zoning, and other action which will\npromote balanced development.\n 7.3 The Commission, acting through its Valley Council may act as\ncoordinator or as an agency for the inter-governmental coordination and\neffectuation of local, regional, state, interstate and international\nplanning.\n 7.4 a) The Commission, acting through its Valley Council after\nconsultation with appropriate agencies of the signatory states, may\nrecommend a comprehensive master plan for their public works and like\nexpenditures in the Valley or a portion thereof, which, in those\nparticulars and for such period as is approved by the legislatures of\nthe signatory states, shall be observed by them with the same force and\neffect as if incorporated in this agreement.\n The Valley Council may, from time to time, recommend plans for the\nValley, supplementary to or amendatory of any previous plan, which in\nthe same fashion shall be observed by the parties so agreeing, with same\nforce and effect as if incorporated in this agreement.\n b) The Valley Council in consultation with the planning agencies of\nthe states and their political subdivisions is authorized to adopt and\nfrom time to time, amend or extend, a comprehensive plan for the\ndevelopment and protection of the Champlain Valley to serve as a general\nframework or guide of development within which each part of the Valley\nmay be more precisely planned and which shall include among things, a\nland use plan and which shall serve to reconcile and integrate planning\nproposals throughout the valley.\n ARTICLE 8--LAKE CHAMPLAIN PARK\n 8.1 The signatory parties find that the protection of the amenities\nand resources of Lake Champlain and its adjacent area is central to the\neconomic health and orderly development of the entire valley and region.\nAccordingly, it is the purpose of this Compact to provide through the\nCommission acting through its Valley Panel a mechanism for joint action\nof the signatory parties in safeguarding the values, resources, and\namenities of Lake Champlain and its adjacent area in accordance with the\ncomprehensive plan.\n 8.2 The Lake Champlain Park as described in 2.5 of this agreement\nshall constitute a zone in which the Valley Council may perform the\nfunctions described in this article.\n 8.3 The Commission through its Valley Panel may draft and recommend\nfor adoption ordinances and regulations which would assist, develop and\nprotect the park area and the character of its communities.\n Local governments may consider parts of their area which are within\nthe park area under the provisions of this article separately from the\nmunicipality as a whole and pursuant to the laws of the state governing\nthe adoption of these regulations generally may enact regulations\nlimited to the designated area. In making recommendations to a local\ngovernment which is partly in and partly out of the park, the Valley\nCouncil may make recommendations for the entire municipality.\n 8.4 In order to preserve and enhance the natural beauty and the\namenities of the Lake Champlain Park; protect and conserve the\ninvestment of the signatory parties in forest land, islands, state\ncampsites and other interest in real property in the parks; preserve and\nregulate the park for public uses for the resort of the public for\nrecreation, transportation, pleasure, air, light, and enjoyment; keep it\nopen, safe, clean and in good order for the welfare of society and\nprevent unrestricted commercial development, the Commission through its\nValley Council shall recommend within three years after the adoption of\nthe Compact, or report its reasons for not so doing, legislation for\nthese purposes which shall come into effect inside the boundaries of the\nparks area within the jurisdiction of a state upon enactment by the\nlegislature concurred in by the legislature of the other state:\n a) Protection of the Lake and its Environs\n Regulation of: advertising, objectionable use of property, filling or\nuse for private purposes of state lands under water, conduct of boats\nand vessels with respect to safety and sanitation, maintenance of lake\nlevels, sewage disposal into the lake, dumping and littering on its\nwaters or frozen surface. The encouragement of restrictive covenants.\n b) Coordination of Law Enforcement\n Establishment of common high and low water marks and state\njurisdiction with regard thereto, aid to local law enforcement over the\nuse of the lake, provisions for the enforcement of laws by joint or\ncoordinated state or local action, deputation of law enforcement powers\nas among jurisdictions, provisions for the appearance of the Commission\nin the courts of either state with power to bring actions or proceedings\nin law or equity to enforce provisions of law and requirements as they\napply to the area set forth in paragraph 2.5 of this Compact.\n A negative report shall not preclude a later affirmative\nrecommendation or recommendations on these subjects by the Valley\nCouncil. The listing of matters in (a) and (b) of this paragraph shall\nnot be interpreted to preclude recommendations on matters not so listed.\nNothing in this article shall be construed to prohibit action by a\nsignatory party, or the signatory parties by means of legislation other\nthan legislation concurred in by both states.\n 8.5 Nothing in this Compact or in any regulation issued under the\nprovisions of this article or concurrent legislation enacted in\naccordance therewith shall be interpreted to supersede actions of a park\ndistrict created under the laws of either state lying wholly or\npartially in the Lake Champlain Park unless the Valley Council\nspecifically states such effect is necessary for the adequate protection\nof the amenities and values of the Lake Champlain Park.\n Nor shall this compact be interpreted to prohibit more stringent\naction by a signatory party.\n ARTICLE 9\n Except as may be stipulated in Title II of Article 6 nothing in this\nCompact shall be construed to impair, or otherwise affect the\njurisdiction of any interstate agency in which any party state\nparticipates not to abridge, impair, or otherwise affect the provisions\nof any compact to which any one or more of the party states may be a\nparty, nor to supersede, diminish, or otherwise affect any obligation\nassumed under any such compact; nor shall anything in this compact be\nconstrued to discourage additional interstate compacts among some or all\nof the party states or the establishment of intergovernmental agencies\nin sub-areas of the region or to limit the jurisdiction or activities of\nany participating government, agency, or officer thereof, or any private\nperson or agency.\n ARTICLE 10\n The provisions of this Compact shall be severable and if phrase,\nclause, sentence or provision of this Compact is declared to be\nunconstitutional or the applicability thereof to any state, agency,\nperson or circumstance is held invalid, the constitutionality of this\nCompact, and the applicability thereof to any state, person or\ncircumstance shall not be affected thereby. It is the legislative\nintent that the provisions of this Compact be reasonably and liberally\nconstrued.\n ARTICLE 11\n This Compact shall continue in force and remain binding on the\nsignatory parties unless renounced by legislative action of a signatory\nparty at least four years in advance of the effective date of\nwithdrawal. Such withdrawal shall not affect the operation of the\nprovisions of this Compact with respect to the continued operations of\nthe Basin Panel and Article 6 under separate withdrawal provisions for\nthat article.\n