[HISTORY: Adopted by the Suffolk County Legislature 10-8-2013 by Res. No.
805-2013. Amendments noted where applicable.]
A.
An aquifer system underlies both Nassau and Suffolk County. The critical
importance of the aquifer system was recognized by the United States
Environmental Protection Agency when the system was designated a sole-source
aquifer (the "SSA"); and numerous studies and reports have recognized
the critical importance of protecting the quantity and quality of
water in the SSA. Groundwater and surface water are inextricably linked
in the Long Island water cycle, and protecting the quality of groundwater
will protect the quality of the surface water into which groundwater
flows. Notwithstanding the numerous reports and studies prepared to
date, the preliminary results of Suffolk County's Comprehensive Water
Resources Management Plan highlight the need to undertake additional
proactive measures to safeguard Long Island's SSA. The proliferation
of local governmental entities and decentralized land use controls
on Long Island limits the ability of the two counties to adequately
address water quality issues due to the very nature of the SSA, which
crosses all geopolitical boundaries; and Nassau and Suffolk Counties
recognize the need for comprehensive planning and special studies
to focus on opportunities and issues, such as groundwater protection
strategies, that are best handled on a broad geographic scale.
B.
Nassau and Suffolk Counties need a strong bi-county commission specifically
devoted to addressing the host of groundwater issues facing Suffolk
and Nassau Counties and to advocate a coordinated approach to the
groundwater issues facing our region; and the commission membership
should include a consortium of private and public experts on groundwater
issues. The Suffolk County Executive and this County Legislature have
determined that is in the best interest of the County to establish,
in conjunction with the County of Nassau, the Long Island Commission
for Aquifer Protection (the "LICAP") to build upon the previous studies
and reports, identify areas for further research and suggest programmatic
opportunities for preventing the further degradation of Long Island's
SSA and identify mechanisms, including land use controls, for improving
the quality of water within the SSA and for implementing safeguards
to maintain the quantity of water within the SSA.
[Amended 5-15-2018 by Res. No. 345-2018]
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.
A.
The LICAP shall consist of 11 members. Seven entities shall have
a permanent membership position, the Suffolk County Water Authority,
the Long Island Water Conference, the Nassau-Suffolk Water Commissioner's
Association, the Nassau and Suffolk Departments of Health and the
Nassau and Suffolk Soil and Water Conservation Districts. Each entity
or member may designate a representative to attend meetings and such
representative shall serve at the pleasure of his or her designating
entity. There shall be four appointed members, two members to be appointed
from Nassau County and two members to be appointed from Suffolk County,
as set forth below. A quorum of the LICAP shall consist of no fewer
than six voting members, which, at a minimum, must include at least
three of the permanent members and at least one such member from Nassau
County and at least one member from Suffolk County; any subcommittee
of the Council shall contain equal representation from each County
and at least one permanent member.
[Amended 5-15-2018 by Res. No. 345-2018]
B.
The Suffolk County Executive and the Presiding Officer of the Suffolk
County Legislature shall each, subject to the approval of the Suffolk
County Legislature, appoint one member to the LICAP, each of whom
shall reside in Suffolk County. Each appointment shall be for a four-year
term except the initial nonpermanent members of the LICAP shall have
staggered terms, with the two Suffolk members having initial terms
of one and four years and the two Nassau members having initial terms
of two and three years. All members appointed pursuant to this subsection
should have a background in hydrology, geology, hydrogeology, public
sanitation, public health, and engineering, academia with a specialization
in the study of groundwater issues, environmental protection and advocacy,
or employment with a public water provider. Such members shall continue
to hold office until their successors are appointed and qualified,
provided that the appointment of a successor to a member who has continued
to hold office after the expiration of his or her original term shall
be for the unexpired portion of the new term; and provided, further,
that the vacancies in the LICAP occurring as a result of something
other than the expiration of the term shall be filled by the appointing
authority, subject to the approval of the Legislature, for the unexpired
term.
C.
The Suffolk County Executive, the Presiding Officer of the Suffolk
County Legislature, the Minority Leader of the Suffolk County Legislature,
the Commissioner of the Department of Public Works, the Commissioner
of Parks, Recreation and Conservation, and the Commissioner of the
Department of Economic Development and Planning, or their representatives,
shall serve as ex officio members of the LICAP, but shall not be entitled
to vote, and a representative from the New York State Department of
Environmental Conservation, the United States Geologic Survey and
the Long Island Groundwater Research Institute shall be invited to
serve as ex officio members.
[Amended 11-9-2013 by Res. No. 997-2013; 5-15-2018 by Res. No. 345-2018]
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.
A.
The members of the LICAP shall be subject to the Codes of Ethics contained in Chapter 77 of the Suffolk County Code or Section 2218 of the Nassau County Charter and Sections 22-4.2 and 22-4.3 of the Nassau County Administrative Code depending on their place of residence. Notwithstanding the foregoing, LICAP staff members employed by a public corporation with its own Code of Ethics shall be subject only to the employing entity's Code of Ethics.
B.
LICAP members and the firms that they work for, or are associated
with, shall be precluded from providing any paid services to LICAP.
A.
The LICAP shall prepare and release a State of the Aquifer Report
(the "Report") within one year of its first meeting and thereafter
provide annual updates of the Report. The Report and its updates shall
be issued to the Nassau and Suffolk County Executives, the Nassau
and Suffolk County Legislatures, and public water purveyors in Nassau
and Suffolk Counties and posted on the LICAP website.
B.
LICAP, on an annual basis, shall conduct at least one public hearing
in each county for the purpose of soliciting information necessary
for the Report's preparation on issues of regional concern affecting
the SSA from members of the public and organizations involved in groundwater
research, management and advocacy; and be it further.
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.
A.
Within three years of the Report, LICAP shall issue a Groundwater
Resources Management Plan (the "Plan"), including, but not limited
to:
(1)
Qualitative and quantitative groundwater data;
(2)
Anthropogenic threats to groundwater quality and quantity;
(3)
Existing regulatory groundwater management regimes;
(4)
Assessment of adequacy of existing groundwater management regulations;
(6)
Development of recommendations;
(7)
Methods for implementing the recommendations and proposed regulatory
amendments; and
(8)
Implementation program, including stakeholders, roles and responsibilities,
prioritization of actions, schedule and costs.
B.
In preparing the Plan, the LICAP may:
(1)
Conduct surveys, studies, and research programs that address
regional groundwater needs, including general protection, enhancement,
quality of life, sustainable growth and development dependent on the
SSA, and distribute information and recommendations resulting from
such surveys, studies, and research programs;
(2)
Consult and cooperate with the state government, its political
subdivisions and public and private entities in matters related to
regional groundwater protection issues; and
(3)
Establish relationships with local universities and colleges
on groundwater protection issues.
C.
The LICAP shall provide public notice upon completion of a draft
Groundwater Resources Management Plan and shall conduct at least one
public hearing in each county on such draft prior to the issuance
of the Plan.
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.
A.
This article shall become effective upon the approval and adoption
of a substantially similar resolution or ordinance by Nassau County;
provided, however, that such a resolution or ordinance shall not be
construed as "substantially similar" if it affects the powers of Suffolk
County or its members on the LICAP, including, but not limited to,
representation, voting powers or Suffolk County's financial contribution
to the LICAP.
B.
The LICAP will expire and the terms of its members will terminate
five years after the effective date of this chapter or the effective
date of the ordinance adopted by Nassau County or on December 27,
2028, whichever date is latest, unless both counties enact a new resolution/ordinance
reauthorizing LICPA and its mission.
[Amended 5-15-2018 by Res. No. 345-2018; 12-5-2023 by Res. No. 1028-2023]
