The Long Island Commission for Aquifer Protection (the "LICAP")
is hereby established; and the Suffolk County Executive is hereby
empowered and authorized to enter into an intermunicipal agreement
with Nassau County, which agreement will set forth the terms and conditions
under which the LICAP will operate, such agreement to be consistent
with the terms of this resolution; and be it further.
The members of the LICAP shall receive no salary or compensation
for their services.
Any LICAP member may be removed by his/her appointing or designating
authority for cause, including a member's failure to attend at least
half of all regularly scheduled meetings during the calendar year.
The Chair and Vice-Chair of the LICAP shall rotate between the
Suffolk County Water Authority, the Long Island Water Conference and
the Nassau-Suffolk Water Commissioner's Association on a two-year
basis. The first Chair shall be the Suffolk County Water Authority's
representative. The Chair shall keep a record of its resolutions,
transactions, findings and determinations, which shall be public record,
and shall adopt and file with the Clerks of the Nassau County and
Suffolk County Legislatures bylaws governing its operations, including
bylaws governing procurement that comply with all state requirements
and, to the extent possible and reasonable, provide for competitive
solicitation of goods and services.
The LICAP shall meet quarterly, or more often as agreed to by
the LICAP. Notice of such meetings shall be provided, and such meetings
shall be open to the public in compliance with the provisions of the
Public Officers Law. Minutes of the meetings shall be kept, and meeting
agendas and minutes shall be provided to all LICAP members and ex-officio
members.
[Amended 5-15-2018 by Res. No. 345-2018]
The LICAP is hereby authorized and empowered to receive and
expend public and private funds, including grants from nonprofit foundations,
agencies, corporations, including, public benefit corporations, and
private entities, contract with public corporations for in-kind services,
contract with public corporations to authorize the public corporation
to apply for, hold, receive and disburse funds on behalf of and at
the direction of LICAP, and may apply for and accept grants, donations,
subsidies, or other funding from the federal, state and local governments,
and enter into contracts for and agree to accept such grants, donations
or subsidies in accordance with its approved purposes and make grants
to public education and/or research institutions, such funds to be
used for research purposes, provided that no more than 15% of the
LICAP funds are used to pay for overhead or associated costs.
The LICAP shall have the power and authority to enter into agreements
with consultants and experts and to pay for their services; and to
provide for such other expenses as may be necessary and proper within
the appropriations therefor.
LICAP shall establish two standing committees: the 2040 Water
Resources and Infrastructure Subcommittee (2040 WRIS) and the Water
Resource Opportunities Subcommittee (WROS).
A. The 2040 WRIS shall develop a 2040 WRIS Plan to identify long-term
risks to the water supply industry created by global climate change.
The 2040 WRIS Plan shall recommend short-term measures to strengthen
public water distribution systems against these long-term risks, including,
but not limited to, the development of well placement criteria, mechanism
for hardening water distribution system infrastructure in coastal
areas and loss mitigation strategies, including methods for isolating
vulnerable portions of distribution system during an event.
B. The WROS will identify and quantify short-term risks, if any, to
groundwater resources.
Notice of all hearings conducted pursuant to this chapter shall
comply with the requirements of the Public Officers Law and shall,
in addition, be provided to appropriate organizations identified by
the LICAP.
If the LICAP maintains funds in its exclusive custody and control
or enters into any agreement providing for the payment of LICAP funds,
it shall, consistent with the requirements of General Municipal Law
§ 239-h, engage a certified public accountant to complete
an annual financial audit and audit of the internal control structure
of the LICAP, a copy of which shall be included in the annual report:
A. The LICAP shall file with the Nassau and Suffolk County Executives
and the Nassau and Suffolk County Legislatures the terms and conditions
of its employment/consultant agreements within 30 days of entering
into such agreements; and
B. The LICAP shall be subject to audit by the Nassau and Suffolk County
Comptrollers. LICAP need not prepare such reports, if either county,
on LICAP's behalf, engages a third party to perform work at the direction
of LICAP or if either county hires employees to work on LICAP projects.
The LICAP shall focus its efforts solely on quality and quantity
of groundwater in the SSA and methods for preventing further degradation
of such waters, improving these waters and ensuring their quality
and quantity for future generations and those issues as requested
by either County Executive and/or either County Legislature.