N.Y. Comp. Codes R. & Regs. tit. 9 § 5.57

Current through Register Vol. 46, No. 25, June 18, 2024
Section 5.57 - Executive order no. 57: establishing the new york city watershed protection and partnership council

WHEREAS, the primary sources of water for the New York City water supply system originate in portions of the Catskill Mountain Region and the Hudson River Valley, commonly referred to as the Watershed of the New York City water supply and its sources, which includes over 1,900 square miles and portions of eight counties, 60 towns and 12 villages;

WHEREAS, the continued adequate supply of exceptional drinking water for the eight million residents of the City of New York and the one million New York State residents outside the City who depend upon the City of New York drinking water supply is vital to the health and social and economic well-being of the New York City metropolitan area and environs;

WHEREAS, the people of the watershed region have long acted as stewards of the watershed, enabling the continued supply of high quality drinking water, contributing an invaluable resource to the New York City metropolitan area;

WHEREAS, the State of New York, the City of New York, the Coalition of Watershed Towns, the Catskill Watershed Corporation, Westchester County, Putnam County, certain municipal corporations, the United States Environmental Protection Agency and certain environmental organizations entered into the New York City Watershed Memorandum of Agreement ("Watershed Agreement") on January 21, 1997;

WHEREAS, the New York City Watershed Memorandum of Agreement provides for the establishment of a Watershed Protection and Partnership Council ("Partnership Council") to aid in the protection of drinking water quality and the economic vitality of the Watershed communities. The Partnership Council will represent a broad-based diverse group of interests that share the common goal of protecting and enhancing the environmental integrity of the Watershed and the economic vitality of the Watershed communities; and

WHEREAS, the New York City Watershed Memorandum of Agreement provides for the establishment of a 27-member Partnership Council; a 16-member Executive Committee and the following subcommittees which shall report to the Executive Committee: an 11-member East of Hudson Advisory Committee; a 14-member Technical Advisory Committee; and an 11-member East of Hudson Sporting Advisory Committee. The membership of the Partnership Council, Executive Committee and the subcommittees shall be through appointment of the Governor of the State of New York, the Mayor of the City of New York, the municipal corporations and the environmental organizations that are parties to the New York City Watershed Memorandum of Agreement;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby establish the Watershed Protection and Partnership Council.

1. MEMBERSHIP
(a) Twenty-seven members, consisting of: an Executive Committee, whose membership is set forth below in subparagraph (b); a member chosen by the Mayor of the City of New York to represent the City business community; the commissioners of the New York State Department of Agriculture and Markets and the Department of Economic Development, the New York State Secretary of State and the President of the New York City Economic Development Corporation, ex officio; a member who may be appointed by the President pro tem of the State Senate; a member who may be appointed by the Speaker of the New York State Assembly; one member chosen by the Speaker of the New York City Council; one member chosen by the Westchester County Executive to represent Westchester County consumers of the New York City water supply; one member chosen by the Dutchess County Executive; and one member chosen by the environmental organizations that are parties to the Watershed Agreement.
(b) Executive Committee. An employee of the Governor's office appointed by the Governor; a member appointed by the Governor to represent the Watershed business community; two members appointed by the Mayor of the City of New York, one of whom will be a city employee to represent the Mayor's office and one of whom will represent the rate-paying consumers of the city drinking water supply; three members chosen by the municipal parties west of the Hudson River pursuant to the Watershed Agreement; one member chosen by the Westchester County Executive; one member chosen by the Putnam County Executive, subject to confirmation by the Putnam County Legislature; one member chosen by the environmental organizations that are parties to the Watershed Agreement to represent the environmental community; the commissioners of the New York State Department of Environmental Conservation and the Department of Health, ex officio; the commissioners of the New York City Department of Environmental Protection and Department of Health, ex officio; and, as non-voting, ex officio members, the United States Environmental Protection Agency Region II Administrator and the chairperson of the Watershed Agricultural Council.
(c) Subcommittees.
(i) East of Hudson Advisory Committee. An East of Hudson Advisory Committee is established consisting of 11-members that shall report to the Executive Committee. The membership shall consist of: one member appointed by the Governor; one member to be appointed by the Mayor of the City of New York; two members to be appointed by the Putnam County Executive, subject to confirmation by the Putnam County Legislature; two members to be appointed by the Westchester County Executive; one member to be appointed by the Dutchess County Executive; one member to be appointed by the environmental organizations that are parties to the Watershed Agreement to represent the environmental community; and three ex officio non-voting members, the commissioners of the New York State Department of Environmental Conservation and the Department of Health, and the commissioner of the New York City Department of Environmental Protection. The chairperson shall be chosen by a majority of the voting membership of the committee.
(ii) Technical Advisory Committee. A Technical Advisory Committee is hereby established consisting of a 14-member committee that shall report to the Executive Committee. All members shall have the appropriate scientific or technical expertise to fulfill the purposes of the committee as set forth in the Watershed Agreement. The membership shall consist of: one member appointed by the Governor; one member to be appointed by the Mayor of the City of New York to represent city consumers of the city's water supply; three members to be appointed by the municipal parties west of the Hudson River pursuant to the Watershed Agreement; one member to be appointed by the Putnam County Executive subject to confirmation by the Putnam County Legislature; one member to be appointed by the Westchester County Executive; one member to be appointed by the Dutchess County Executive; one member to be chosen by the environmental organizations that are parties to the Watershed Agreement; four ex officio members: the Commissioners of the New York State Department of Environmental Conservation and Department of Health and the New York City Department of Environmental Protection and Department of Health; and one ex officio non-voting member, the United States Environmental Protection Agency Region II Administrator. The chairperson shall be chosen by a majority of all committee members.
(iii) East of Hudson Sporting Advisory Committee. An East of Hudson Sporting Advisory Committee is hereby established and shall consist of: one member to be appointed by the Putnam County Executive subject to confirmation by the Putnam County Legislature; one member to be appointed by the Westchester County Executive; three members to represent organized hunting, sporting, recreational or fishing groups, with the Putnam County Executive, subject to confirmation by the Putnam County Legislature, the Westchester County Executive and the Dutchess County Executive each appointing one member; one member chosen by the environmental organizations that are parties to the Watershed Agreement; three ex officio members, the commissioners of the New York State Department of Environmental Conservation and the Department of Health and the New York City Department of Environmental Protection; and two ex officio non-voting members: the United States Environmental Protection Agency Region II Administrator and the Commissioner of the New York State Office of Parks, Recreation and Historic Preservation. The chairperson shall be chosen by a majority vote of the committee's members.
2. TERMS OF OFFICE

The terms of the members of the Partnership Council and its committees and subcommittees and the manner of choosing the chairpersons thereof shall be in accordance with the terms and conditions of article IV of the Watershed Agreement and any amendments thereto. Each ex officio member may designate an employee to act on the member's behalf.

3. FUNCTIONS

The functions of the Partnership Council and its committees and subcommittees shall be in accordance with the terms and conditions of article IV of the Watershed Agreement and any amendments thereto.

4. COMPENSATION

The members of the Partnership Council and its committees and subcommittees shall receive no compensation, however, members who are not employees of the State, Federal or City of New York governments or who do not serve ex officio, shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties. Membership on the council shall not constitute public employment for the purposes of disqualification from holding of public office or employment.

5. CONDUCT OF MEETINGS

The Partnership Council, the Executive Committee, the East of Hudson Advisory Committee, the Technical Advisory Committee and the East of Hudson Sporting Advisory Committee shall conduct meetings consistent with sections 103, 104, 105 and 106 of the New York State Open Meetings Law. Section 87 of the New York State Freedom of Information Law shall be applicable to the records of the Partnership Council, Executive Committee, East of Hudson Advisory Committee, Technical Advisory Committee and the East of Hudson Sporting Advisory Committee.

6. ADMINISTRATION

The State, through the New York State Department of State, shall consistent with the terms and conditions of the Watershed Agreement, administer the Partnership Council and its committees and subcommittees.

Signed: George E. PatakiDated: October 23, 1997

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5.57