S T A T E O F N E W Y O R K
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7628
2023-2024 Regular Sessions
I N S E N A T E
August 11, 2023
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the executive law, in relation to establishing a Finger
Lakes commission
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new article 37-A
to read as follows:
ARTICLE 37-A
FINGER LAKES COMMISSION
SECTION 848. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
848-A. FINGER LAKES COMMISSION ESTABLISHED.
848-B. FINGER LAKES COMMISSION POWER AND DUTIES.
848-C. COMPENSATION.
848-D. REPORTS.
848-E. COMMISSION STAFF; BENEFITS.
§ 848. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE
HEREBY FINDS THAT THE FINGER LAKES REGION SPANS FOURTEEN COUNTIES AND
APPROXIMATELY NINE THOUSAND SQUARE MILES THAT ENCOMPASSES TOWNS,
VILLAGES, AND CITIES SPREAD ACROSS A LANDSCAPE COMPRISED OF NUMEROUS
FRESHWATER SOURCES, ONE GREAT LAKE, AND MINERAL-RICH SOIL THAT MAKES IT
AMONG THE MOST DESIRABLE AGRICULTURAL SETTINGS IN THE NORTHEAST. THE
CORE OF THE REGION CONSISTS OF THE FINGER LAKES WATERSHED, ELEVEN
GLACIAL FRESHWATER LAKES AND THEIR WATERSHEDS. THIS AREA INCLUDES THREE
OF THE TEN LARGEST LAKES IN NEW YORK STATE. THIS WATERSHED IS IMPORTANT
TO NEW YORK STATE AS A MUNICIPAL WATER SUPPLY FOR TWO MILLION RESIDENTS,
AS WILDLIFE AND PLANT HABITAT, AS A RESOURCE SUPPORTING AGRICULTURE,
RECREATION, AND TOURISM, AND OFFERS MORE TRADITIONAL LAND USES SUCH AS
HUNTING AND FISHING. IN TWO THOUSAND TWENTY-ONE, NEW YORK STATE WAS THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10202-03-3
S. 7628 2
FIFTH-LARGEST DAIRY PRODUCER IN THE UNITED STATES, LARGELY SUPPORTED BY
AGRICULTURE IN THIS REGION. RICH IN AGRITOURISM, THE AREA ALSO CONTAINS
MORE THAN ONE HUNDRED WINERIES, CONTRIBUTING TO THE INDUSTRY GROSSING
3.76 BILLION DOLLARS IN WINE RETAIL ANNUALLY. DUE TO THE VASTNESS OF THE
REGION, ITS CENTRALITY TO PUBLIC HEALTH, ITS ECONOMIC VALUE, AND ITS
UNIQUE GEOLOGICAL CHARACTER, THE LEGISLATURE FINDS THAT THE CREATION OF
A FINGER LAKES COMMISSION IS ESSENTIAL IN ASSISTING LOCAL GOVERNMENTS
AND ORGANIZATIONS IN PRESERVING THE RESOURCES OF THE REGION FOR FUTURE
GENERATIONS.
THE LEGISLATURE FINDS THAT A FINGER LAKES COMMISSION WOULD UNIFY THE
MULTITUDINOUS LOCAL GOVERNMENTS AND SIX HUNDRED FIFTY MILES OF SHORELINE
UNDER A COMMON SET OF BELIEFS AND CHARACTERISTICS UNIQUE TO THIS REGION
OF NEW YORK STATE. THE COMMISSION WOULD ASSIST THESE LOCAL AND MUNICIPAL
BODIES TO DEVELOP OVERARCHING, APPROPRIATE ENVIRONMENTAL REGULATIONS FOR
THE BENEFIT OF THE MORE THAN TWO MILLION RESIDENTS OF THE REGION. THE
COMMISSION WOULD PROVIDE TECHNICAL ASSISTANCE TO THE REGION'S LOCAL
GOVERNMENTS AND REPORT TO STAKEHOLDERS ACROSS THE STATE REGARDING THE
CONSERVATION AND DEVELOPMENT OF THE FINGER LAKES REGION. IN PROVIDING
THIS ASSISTANCE, ITS PURPOSE WOULD BE TO ENABLE LOCAL GOVERNMENTS,
PRIVATE ORGANIZATIONS, AND INDIVIDUALS TO SHAPE THE FUTURE OF THE FINGER
LAKES REGION WITH A FOCUS ON CONSERVING ITS RESOURCES AND NATURAL BEAU-
TY, STRENGTHENING THE LOCAL ECONOMY, INCREASING EMPLOYMENT, PRESERVING
CULTURAL AND SOCIAL CHARACTER, AND IMPROVING THE GENERAL WELL-BEING OF
RESIDENTS IN THE AREA. BY UNITING THE LEADERS AND STAKEHOLDERS OF THE
REGION WHILE STILL MAINTAINING ITS DISTINCT VALUES AND WAY OF LIFE, THE
COMMISSION WOULD BE MORE SUITED TO RESOLVING ISSUES PARTICULAR TO THE
REGION AND CAPITALIZING ON ITS STRENGTHS.
FOR MANY YEARS, THE TUG HILL COMMISSION, A SIMILAR BODY, HAS SERVED
THAT REGION'S LOCAL GOVERNMENTS VERY WELL. THE TUG HILL COMMISSION HAS A
STRONG TRACK RECORD DEMONSTRATING ITS IMPORTANCE IN WORKING WITH TOWNS
AND VILLAGES TO DEVELOP APPROPRIATE COMMUNITY AND ECONOMIC DEVELOPMENT
AND RESOURCE PROTECTION. THE FINGER LAKES COMMISSION WILL SIMILARLY
SUPPLEMENT THE IMPORTANT WORK OF LOCAL GOVERNMENTS ACROSS THE FINGER
LAKES, TO THE BETTERMENT OF THE WHOLE REGION.
IT IS THE PURPOSE OF THIS ARTICLE TO PROVIDE MUNICIPAL ASSISTANCE,
CONSERVATION, PRESERVATION AND DEVELOPMENT IN THE REGION BY ESTABLISHING
THE FINGER LAKES COMMISSION, IN ORDER TO SERVE THOSE LOCAL GOVERNMENT
AND REGIONAL NEEDS, NOW AND IN THE FUTURE.
§ 848-A. FINGER LAKES COMMISSION ESTABLISHED. 1. THERE IS HEREBY
ESTABLISHED THE FINGER LAKES COMMISSION, HEREINAFTER REFERRED TO AS THE
COMMISSION, TO CONSIST OF FOURTEEN MEMBERS TO BE APPOINTED AS FOLLOWS:
SIX BY THE GOVERNOR, FOUR BY THE TEMPORARY PRESIDENT OF THE SENATE, AND
FOUR BY THE SPEAKER OF THE ASSEMBLY. AS USED IN THIS ARTICLE, THE TERM
"COMMISSION" SHALL MEAN THE FINGER LAKES COMMISSION ESTABLISHED PURSUANT
TO THIS SECTION.
2. ALL OF THE APPOINTEES OF THE COMMISSION SHALL BE RESIDENTS OF THE
FINGER LAKES REGION. ONE MEMBER OF THE COMMISSION SHALL BE APPOINTED
FROM EACH COUNTY IN THE FINGER LAKES REGION AND SHALL BE A RESIDENT
THEREOF. FOR THE PURPOSES OF THIS ARTICLE, THE TERM "FINGER LAKES
REGION" SHALL MEAN THE REGION INCLUDING ALL OF THE FOLLOWING COUNTIES:
CAYUGA COUNTY, CHEMUNG COUNTY, CORTLAND COUNTY, LIVINGSTON COUNTY,
MONROE COUNTY, ONONDAGA COUNTY, ONTARIO COUNTY, SCHUYLER COUNTY, SENECA
COUNTY, STEUBEN COUNTY, TIOGA COUNTY, TOMPKINS COUNTY, WAYNE COUNTY, AND
YATES COUNTY.
3. THE TERM OF OFFICE OF EACH MEMBER OF THE COMMISSION SHALL BE FOR
FIVE YEARS, AND EACH MEMBER SHALL HOLD OFFICE UNTIL A SUCCESSOR HAS BEEN
S. 7628 3
APPOINTED AND QUALIFIED. VACANCIES IN MEMBERSHIP OF THE COMMISSION
OCCURRING FROM ANY CAUSE SHALL BE FILLED BY THE OFFICER AUTHORIZED TO
MAKE THE ORIGINAL APPOINTMENT OF THE MEMBER WHOSE OFFICE BECOMES VACANT.
4. THE COMMISSION SHALL CHOOSE FROM AMONG ITS MEMBERS A CHAIRMAN,
VICE-CHAIRMAN AND SECRETARY.
§ 848-B. FINGER LAKES COMMISSION POWER AND DUTIES. THE COMMISSION
SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
1. TO ADOPT AND USE A SEAL; TO SUE AND BE SUED; TO APPOINT AND REMOVE
OFFICERS, AGENTS AND EMPLOYEES AND DETERMINE THEIR QUALIFICATIONS,
DUTIES AND COMPENSATION; TO ACQUIRE, HOLD AND DISPOSE OF PERSONAL PROP-
ERTY; TO RETAIN OR EMPLOY COUNSEL, PRIVATE CONSULTANTS, AND INDEPENDENT
CONTRACTORS; TO MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS
NECESSARY OR CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS
UNDER THIS ARTICLE.
2. TO PREPARE, PUBLISH AND DISSEMINATE INFORMATION OR REPORTS TO HIGH-
LIGHT FOR STATE AGENCIES, LOCAL GOVERNMENTS, AND THE GENERAL PUBLIC
ISSUES, PROBLEMS, AND OPPORTUNITIES RELEVANT TO THE FINGER LAKES REGION,
IN CONCERT WITH STATE AND FEDERAL AGENCIES AND OTHERS.
3. TO STIMULATE ACTION BY PUBLIC AND PRIVATE ORGANIZATIONS ON REGION-
WIDE ISSUES, PROBLEMS AND OPPORTUNITIES THAT AFFECT THE FINGER LAKES
REGION, WITH PRIMARY EMPHASIS ON POSSIBLE SOLUTIONS AT THE LOCAL LEVEL
AND WITH ATTENTION TO THE WAYS IN WHICH INFORMATION DEVELOPED AND EXPE-
RIENCE GAINED IN THE FINGER LAKES REGION MAY BE USEFULLY SHARED ELSE-
WHERE IN NEW YORK STATE.
4. TO REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION, OFFICE,
BOARD, BUREAU, COMMISSION, AGENCY, OR INSTRUMENTALITY OF THE STATE AND
FROM ANY POLITICAL SUBDIVISION OR AGENCY THEREOF, SUCH ASSISTANCE AND
DATA AS WILL ENABLE IT TO CONDUCT ITS STUDIES AND INVESTIGATIONS UNDER
THIS ARTICLE.
5. TO ASSIST LOCAL GOVERNMENTS AND OTHER APPROPRIATE STATE AND LOCAL
ORGANIZATIONS, INCLUDING RECOGNIZED NON-PROFITS, TO PLAN AND WORK FOR A
POSITIVE FUTURE, AND TO DO SO, AS FAR AS POSSIBLE, THROUGH INTERMUNICI-
PAL COOPERATION AND THROUGH TECHNICAL ASSISTANCE, INCLUDING PLANNING
ASSISTANCE, LEGAL ASSISTANCE, TRAINING, CITIZEN EDUCATION AND PARTIC-
IPATION ASSISTANCE, AND ASSISTANCE IN PREPARATION OF GRANT APPLICATIONS
TO OTHER ENTITIES.
6. TO ASSIST LOCAL GOVERNMENTS AND OTHER APPROPRIATE STATE AND LOCAL
ORGANIZATIONS TO IDENTIFY AND IMPLEMENT BEST PRACTICES FROM ACROSS THE
FINGER LAKES REGION, OR IN OTHER REGIONS, INCLUDING BUT NOT LIMITED TO
THE FOLLOWING AREAS: WATERSHED MANAGEMENT, CONTROL OF INVASIVE SPECIES,
HISTORIC PRESERVATION, RURAL TRANSPORTATION, ECONOMIC DEVELOPMENT, AND
SUSTAINABILITY EFFORTS.
7. TO WORK WITH FEDERAL, STATE, AND LOCAL PARTNERS TO CREATE AND
IMPLEMENT THE DESIGNATION OF THE FINGER LAKES NATIONAL HERITAGE AREA
DESIGNATION, INCLUDING SUPPORTING WORK BY OTHER STATE AGENCIES.
8. TO SERVE A COORDINATING ROLE IN UTILIZING THE CAPABILITIES OF OTHER
ORGANIZATIONS TO CARRY OUT THE DUTIES PRESCRIBED IN THIS SECTION.
9. TO ESTABLISH A CENTRAL CLEARINGHOUSE FOR TECHNICAL STUDIES, WHICH
MAY BE USED BY MEMBERS OF THE PUBLIC, LOCAL GOVERNMENTS, AND STATE AGEN-
CIES IN ADDRESSING STATE AND REGIONWIDE RESOURCE CONSERVATION AND DEVEL-
OPMENT ISSUES.
10. TO DEVELOP AGREEMENTS WITH LOCAL, COUNTY, OR REGIONAL AGENCIES TO
PROVIDE STAFF SERVICES; THROUGH GRANTS OR CONTRACTS TO HELP FINANCE
SERVICES FOR INTERMUNICIPAL COOPERATION; TO PROVIDE PLANNING SERVICES IN
CONJUNCTION WITH COUNTY PLANNING DEPARTMENTS AND REGIONAL PLANNING
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BOARDS, AND TO PROVIDE SUPPLEMENTARY TECHNICAL ASSISTANCE AND EDUCA-
TIONAL SERVICES THROUGH PUBLIC OR PRIVATE GROUPS.
11. TO APPLY FOR AND RECEIVE FROM THE FEDERAL AND STATE GOVERNMENT AND
PUBLIC AND PRIVATE AGENCIES, FUNDS TO ACCOMPLISH THE PURPOSES OF THE
COMMISSION AND TO SOLICIT, RECEIVE AND UTILIZE GIFTS AND DONATIONS OF
ANY KIND FROM ANY SOURCE.
12. TO ASSIST MUNICIPALITIES IN PREPARING AND ADOPTING COMPREHENSIVE
PLANNING PROGRAMS, INCLUDING APPROPRIATE LAWS, ORDINANCES AND CODES.
13. TO ENTER INTO AGREEMENTS FOR THE EXTENSION OF ITS POWERS AND
DUTIES TO OTHER LOCAL GOVERNMENTS, IN CONCERT WITH LOCAL, STATE AND
FEDERAL AGENCIES AND OTHERS.
14. TO LEASE AND MANAGE REAL PROPERTY, SOLELY FOR THE PURPOSE OF
PROVIDING FOR THE OFFICIAL OFFICES OF THE FINGER LAKES COMMISSION.
§ 848-C. COMPENSATION. THE MEMBERS OF THE FINGER LAKES COMMISSION
SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED
FOR THEIR EXPENSES ACTUALLY AND NECESSARILY INCURRED IN THE PERFORMANCE
OF THEIR DUTIES UNDER THIS ARTICLE WITHIN THE AMOUNT AVAILABLE THEREFOR
BY APPROPRIATION. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW,
GENERAL, SPECIAL OR LOCAL, NO OFFICER OR EMPLOYEE OF THE STATE OR OF ANY
CIVIL DIVISION THEREOF, SHALL BE DEEMED TO HAVE FORFEITED OR SHALL
FORFEIT HIS OR HER OFFICE OR EMPLOYMENT BY REASON OF HIS OR HER ACCEPT-
ANCE OF MEMBERSHIP ON THE FINGER LAKES COMMISSION.
§ 848-D. REPORTS. THE FINGER LAKES COMMISSION SHALL REPORT ON ITS
PROGRESS IN RELATION TO ITS LEGISLATIVE PURPOSE TO THE GOVERNOR AND TO
THE LEGISLATURE ANNUALLY ON OR BEFORE THE THIRTY-FIRST DAY OF MARCH OF
EACH YEAR. THE FINGER LAKES COMMISSION SHALL ALSO REPORT EVERY FIVE
YEARS ON THE RESULTS OF A SURVEY OF LOCAL OFFICIALS THROUGHOUT THE
FINGER LAKES REGION IN REGARD TO THE EFFECTIVENESS OF FINGER LAKES
COMMISSION PROGRAMS.
§ 848-E. COMMISSION STAFF; BENEFITS. THE FINGER LAKES COMMISSION STAFF
SHALL BE ELIGIBLE FOR MANAGEMENT AND CONFIDENTIAL BENEFITS AS ARE AVAIL-
ABLE UNDER SUBDIVISION TWO OF SECTION ELEVEN OF CHAPTER FOUR HUNDRED
SIXTY OF THE LAWS OF NINETEEN HUNDRED EIGHTY-TWO, AS AMENDED.
§ 2. This act shall take effect one year after it shall have become a
law.
