S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2261
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN  ACT  to amend the environmental conservation law, in relation to the
   water resources planning council
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section 15-2901 of the environmental conservation law, as
 amended by chapter 83 of the  laws  of  1995,  is  amended  to  read  as
 follows:
 § 15-2901. Water resources planning council; organization.
   1. There is hereby established [within the department of environmental
 conservation]  a  water resources planning council. [It] THE HEAD OF THE
 COUNCIL SHALL BE THE WATER COMMISSIONER, WHO SHALL BE APPOINTED  BY  THE
 GOVERNOR,  BY  AND  WITH  THE ADVICE AND CONSENT OF THE SENATE, AND HOLD
 OFFICE AT THE PLEASURE OF THE GOVERNOR BY WHOM HE OR SHE  WAS  APPOINTED
 AND UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIED. THE WATER COMMISSIONER
 SHALL HOLD NO OTHER PUBLIC OFFICE, AND SHALL BE THE CHIEF ADMINISTRATIVE
 OFFICER  OF  AND  IN  SOLE  CHARGE  OF  THE  ADMINISTRATION OF THE WATER
 RESOURCES PLANNING COUNCIL  AND  SHALL  CHAIR  THE  COUNCIL.  THE  WATER
 COMMISSIONER  SHALL RECEIVE AN ANNUAL SALARY TO BE FIXED BY THE GOVERNOR
 WITHIN THE AMOUNT AVAILABLE THEREFOR  BY  APPROPRIATION,  AND  SHALL  BE
 ENTITLED  TO RECEIVE REIMBURSEMENT FOR EXPENSES ACTUALLY AND NECESSARILY
 INCURRED IN THE PERFORMANCE OF HIS OR HER DUTIES.    THE  COMMISSIONER'S
 DUTIES  SHALL INCLUDE MANAGEMENT AND OVERSIGHT OF THE WATER RESOURCES OF
 THE STATE.  THE  WATER  RESOURCES  PLANNING  COUNCIL  shall  consist  of
 [fifteen]    SEVENTEEN  VOTING members[, including] AND EIGHT NON-VOTING
 MEMBERS. (A) VOTING MEMBERS SHALL INCLUDE THE CHAIR,  the  commissioners
 of  agriculture and markets, economic development, environmental conser-
 vation, health, transportation, HUMAN RIGHTS, the chair  of  the  public
 service  commission, president of the New York state energy research and
 development authority, secretary  of  state  and  seven  members  to  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05139-01-9

 A. 2261                             2
 
 appointed  by  the  governor including at least [one member] TWO MEMBERS
 who shall have expertise in the  science  of  water  resources  planning
 [and],  at  least  TWO MEMBERS WHO SHALL HAVE EXPERTISE IN ENVIRONMENTAL
 SCIENCE AND/OR ENGINEERING AND one member [selected from a list proposed
 by  public  interest  or environmental citizens organizations] WHO SHALL
 HAVE EXPERTISE IN ENVIRONMENTAL JUSTICE. These seven  members  APPOINTED
 BY  THE GOVERNOR shall serve terms of [four] FIVE years each. Two of the
 members APPOINTED BY THE GOVERNOR shall be appointed upon the  recommen-
 dation  of  the  majority  leader  of  the senate and two of the members
 APPOINTED BY THE GOVERNOR shall be appointed upon the recommendation  of
 the  speaker  of  the  assembly. [The governor shall select a chair from
 among the members.] (B) NON-VOTING MEMBERS SHALL REPRESENT EACH  OF  THE
 FOLLOWING  REGIONS: (A) NEW YORK CITY; (B) LONG ISLAND; (C) LOWER HUDSON
 VALLEY; (D) CAPITOL REGION; (E) UPPER  HUDSON  AND  ST.  LAWRENCE  RIVER
 WATERSHED; (F) CENTRAL NEW YORK; (G) SOUTHERN TIER RIVER BASINS; AND (H)
 GREAT LAKES REGIONAL WATERSHEDS. Meetings of the council shall be called
 by  the  chair.  [Members]  EXCEPT  FOR THE CHAIR, MEMBERS shall receive
 reimbursement for expenses ONLY.
   2. THE WATER COMMISSIONER MAY REQUEST AND RECEIVE FROM ANY DEPARTMENT,
 DIVISION, BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE OR  ANY
 POLITICAL  SUBDIVISION  THEREOF OR ANY PUBLIC AUTHORITY, STAFF AND OTHER
 ASSISTANCE,  INFORMATION,  AND  RESOURCES  AS  WILL  ENABLE  THE   WATER
 RESOURCES  PLANNING  COUNCIL TO PROPERLY CARRY OUT ITS FUNCTIONS, POWERS
 AND DUTIES.
   § 2. Section 15-2903 of the environmental conservation law, as amended
 by chapter 307 of the laws of 1986, is amended to read as follows:
 § 15-2903. Water resources planning council; quorum, bylaws.
   A majority of the VOTING members of the  council  shall  constitute  a
 quorum  for the transaction of any business or the exercise of any power
 of the council. The commissioners of agriculture and markets, [commerce]
 ECONOMIC DEVELOPMENT, energy, environmental conservation, health, trans-
 portation, HUMAN RIGHTS, the [chairman]  CHAIR  of  the  public  service
 commission  and  secretary  of state may, by official authority filed in
 their respective agencies, and with the water resources  planning  coun-
 cil,  designate  a deputy or other officer to exercise his OR HER powers
 and perform his OR HER duties, including the right to vote, on the coun-
 cil. The council may also establish for itself bylaws for the conduct of
 its affairs.
   § 3. The environmental conservation law is amended  by  adding  a  new
 section 15-2904 to read as follows:
 § 15-2904. WATER RESOURCES PLANNING COUNCIL; DUTIES AND PURPOSE.
   1.  THE  COUNCIL  SHALL  MANAGE AND OVERSEE THE WATER RESOURCES OF THE
 STATE INCLUDING FACILITATING COOPERATIVE AND SUSTAINABLE  MANAGEMENT  OF
 WATER  RESOURCES  TO  ENSURE THAT ALL RESIDENTS HAVE ACCESS TO ADEQUATE,
 AFFORDABLE, SAFE DRINKING WATER IN PERPETUITY.   WHEN  APPROPRIATE,  THE
 COUNCIL  SHALL CONSIDER OPPORTUNITIES FOR ECONOMIC DEVELOPMENT IN MANAG-
 ING THE WATER RESOURCES OF THE STATE. THE COUNCIL SHALL ENSURE THE  FAIR
 AND  EQUITABLE  DISTRIBUTION  OF PUBLIC WATER RESOURCES AND SHALL ENSURE
 THAT EVERY AGENCY CONSIDERS ENVIRONMENTAL JUSTICE STANDARDS IN ITS DECI-
 SION MAKING PROCESS AND ACTIONS. THE  COUNCIL  SHALL  CREATE  INTERSTATE
 PARTNERSHIPS  FOR SHARING RESOURCES AND BEST PRACTICES FOR WATER MANAGE-
 MENT.
   2. THE COUNCIL SHALL REVIEW AND EXAMINE ALL STATE AND FEDERAL LAWS AND
 REGULATIONS CONCERNING THE MANAGEMENT, USE, PROTECTION, CONSERVATION AND
 PROVISION OF WATER WHICH MAY AFFECT THE STATE.  THE  COUNCIL  MAY  ISSUE
 COMMENTS  ON  ANY  PROPOSED STATE AND FEDERAL LEGISLATION OR REGULATIONS

 A. 2261                             3
 
 AFFECTING WATER. THE COUNCIL SHALL REVIEW AND MAY ISSUE COMMENTS ON  ANY
 RECOMMENDATIONS OF THE DRINKING WATER QUALITY COUNCIL ESTABLISHED PURSU-
 ANT  TO  SECTION  ELEVEN  HUNDRED THIRTEEN OF THE PUBLIC HEALTH LAW. THE
 COUNCIL SHALL REVIEW THE LIST OF CONTAMINANTS WHICH ARE TESTED IN WATERS
 OF  THE  STATE  AND  MAKE NECESSARY RECOMMENDATIONS TO THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION, THE DEPARTMENT  OF  HEALTH,  OR  THE  UNITED
 STATES ENVIRONMENTAL PROTECTION AGENCY.
   §  4.  Section 15-2905 of the environmental conservation law, as added
 by chapter 509 of the laws of 1984, is amended to read as follows:
 § 15-2905. Statewide inventory of existing significant  deficiencies  in
              water supply systems.
   The  [commissioner,  in  consultation  with the commissioner of health
 and] CHAIR, utilizing information requested from the  responsible  local
 officials as well as relevant information developed through titles elev-
 en and thirteen of this article, shall cause to be prepared an inventory
 of  existing  significant  deficiencies  in  water  supply  availability
 throughout the state, including specific needs for improvement, rehabil-
 itation and establishment of water supply, distribution and transmission
 facilities. Such  inventory  shall  also  identify  those  water  supply
 systems  affected  or threatened by intrusions of hazardous materials or
 wastes and the nature of remediation required. Such inventory  shall  be
 completed  and  transmitted to the governor, legislature and the council
 by July first, [nineteen hundred eighty-five] TWO THOUSAND TWENTY.
   The [commissioner] CHAIR in consultation with the secretary of  state,
 shall  also cause to be prepared a review and summary of existing statu-
 tory and constitutional provisions relating to the provision and financ-
 ing of water supply facilities  by  local  governments,  including  such
 provision and financing through inter-local cooperation. Such review and
 summary  shall  also  identify any existing statutory and constitutional
 constraints against the  effective  and  efficient  provision  of  sound
 financing, on a revenue or general obligation basis, of such facilities.
 Such review and summary shall be completed and transmitted to the gover-
 nor,  legislature  and  the  council by January first, [nineteen hundred
 eighty-six] TWO THOUSAND TWENTY-ONE.  At such time and  based  upon  the
 above  inventory  and review and summary, the [commissioner] CHAIR shall
 also cause to be prepared a compilation  of  those  instances  in  which
 correction of existing significant deficiencies appears to be beyond the
 reasonable financial capabilities of the affected communities.
   § 5. Section 15-2907 of the environmental conservation law, as amended
 by chapter 214 of the laws of 1991, is amended to read as follows:
 § 15-2907. Water resources management strategy; development purpose.
   Not  later  than  January  first,  [nineteen hundred eighty-seven, the
 department of environmental conservation, with the participation of  the
 department of health] TWO THOUSAND TWENTY-TWO, THE WATER RESOURCES PLAN-
 NING  COUNCIL, WITH THE PARTICIPATION OF ALL VOTING MEMBERS and whenever
 possible, [regional planning and development boards] NON-VOTING REGIONAL
 MEMBERS, shall develop and [submit]  ADOPT  a  [complete]  COMPREHENSIVE
 statewide  water  resources  management strategy [to the water resources
 planning  council  for  its  review  and  adoption].  [This]  THE  WATER
 RESOURCES  MANAGEMENT  strategy  shall  be  composed  of  substate water
 resources management strategies which recognize the  natural  boundaries
 of  the  water  resource  basins,  watersheds, and aquifers and existing
 significant deficiencies of water supply, and which  organize  these  in
 the most practical and manageable manner. Each substate management stra-
 tegy shall analyze the present and future demographic, natural resource,
 economic  development,  water  quality, and conservation requirements of

 A. 2261                             4
 
 public and private water systems and develop regional management strate-
 gies to meet the water resources requirements of  residential,  agricul-
 tural,  industrial  and  commercial  users as well as assure the highest
 possible quality and quantity of these resources.
   Strategies shall analyze the efficiency and capacity of existing water
 supply  sources  and  facilities  and  shall contain recommendations for
 appropriate modifications, restoration, and expansion or development  of
 new  sources  or  facilities.  Such strategies shall also include evalu-
 ations and recommendations as to the feasibility of including OR  REMOV-
 ING  hydroelectric energy generation facilities as part of the modifica-
 tions, restoration, and expansion or  development  of  new  or  existing
 resources  or  facilities  AND/OR  RETURNING RIVERS AND STREAMS TO THEIR
 NATURAL FLOW. The strategy shall also contain recommendations  regarding
 implementation  of  these  strategies  by  the department of health, the
 department of environmental conservation, other appropriate state  agen-
 cies,  local  governments  and  special  districts. WHERE NECESSARY, THE
 STRATEGY SHALL INCLUDE REVIEW AND ASSESSMENT  OF  ALL  INTERSTATE  WATER
 MANAGEMENT  AGREEMENTS  OR  AGREEMENTS WITH MUNICIPALITIES. In addition,
 the departments shall submit to the  council  substate  water  resources
 management  strategies  as  soon  as  such strategies are developed. The
 departments shall also report regularly to the council on  the  develop-
 ment  of  the  strategies  and receive the council's recommendations and
 directions. [Such substate] THE  STATEWIDE  WATER  RESOURCES  MANAGEMENT
 STRATEGY  SHALL BE MADE AVAILABLE TO THE PUBLIC ON THE COUNCIL'S WEBSITE
 AND SUBMITTED TO THE LEGISLATURE  WITHIN  TWO  WEEKS  OF  ITS  ADOPTION.
 SUBSTATE  strategies  shall  also be available [for public inspection as
 soon as] TO THE PUBLIC ON EACH DEPARTMENT'S AND  THE  COUNCIL'S  WEBSITE
 WITHIN TWO WEEKS OF THE SUBMISSION OF such strategies [are developed] TO
 THE COUNCIL.
   §  6.  Section 15-2909 of the environmental conservation law, as added
 by chapter 509 of the laws of 1984, is amended to read as follows:
 § 15-2909. Water resources management strategy; hearings.
   Upon [receipt] ADOPTION of the COMPREHENSIVE statewide water resources
 management strategy [from the department of environmental  conservation]
 BY  THE  WATER  RESOURCES  PLANNING  COUNCIL, the council shall promptly
 publish once a week for three consecutive weeks in newspapers of general
 circulation AND POST ON THE COUNCIL'S WEBSITE notice of public  hearings
 thereon.  Public  hearings  shall  be conducted in each of the [substate
 areas] REGIONS represented [in the statewide strategy] BY  A  NON-VOTING
 MEMBER  OF  THE  COUNCIL,  and  shall  be in accordance with regulations
 adopted by the [department, subject to  modification  by  the]  council.
 Such  regulations  shall,  at a minimum, require a hearing on the record
 with sworn witnesses and shall afford interested  parties  a  reasonable
 opportunity  to sponsor witnesses and to question witnesses sponsored by
 others, including department staff, consistent with the need to conclude
 the hearings expeditiously so that a state  water  resources  management
 strategy  can  be  adopted in a timely manner. The hearings shall not be
 considered part of an adjudicatory proceeding, as defined in subdivision
 three of section one hundred two of the state  administrative  procedure
 act,  or  as part of a rule-making proceeding held under subdivision one
 of section two hundred two of such act.
   § 7. Section 15-2911 of the environmental conservation law,  as  added
 by chapter 509 of the laws of 1984, is amended to read as follows:
 § 15-2911. Water resources management strategy; approval.
   The  water resources planning council shall, as expeditiously as prac-
 ticable following the conclusion of its hearings, but in no  case  later

 A. 2261                             5
 
 than  January  first, [nineteen hundred eighty-eight] TWO THOUSAND TWEN-
 TY-TWO, [determine] ADOPT, based on the record, [whether] the  statewide
 water  resources management strategy [should be approved] with modifica-
 tions  [or  disapproved,  and shall state in writing the reasons for its
 determination], IF ANY,  BASED  ON  THE  TESTIMONY  AND  PUBLIC  HEARING
 RECORD.  [If the council has determined approval of the] THE strategy [,
 it] ADOPTED BY THE COUNCIL shall be adopted by the departments of health
 and environmental conservation and other appropriate state agencies  [in
 the form determined by the council. If the council has determined disap-
 proval of the strategy, the department of environmental conservation, in
 conjunction  with the department of health, shall modify the strategy in
 accordance with the determination issued by the council and resubmit the
 strategy to the council for its action].
   § 8. Section 15-2913 of the environmental conservation law,  as  added
 by chapter 509 of the laws of 1984, is amended to read as follows:
 § 15-2913. Water resources management strategy; revision.
   From  time  to  time  and  at  least once every [two years] YEAR, [the
 department of environmental conservation, with the participation of  the
 department of health] THE WATER RESOURCES PLANNING COUNCIL, WITH PARTIC-
 IPATION  OF ALL VOTING MEMBERS and whenever possible, [regional planning
 and development boards] NON-VOTING REGIONAL MEMBERS,  shall  review  the
 strategy and shall either (a) prepare any amendments necessary to update
 the strategy, or (b) issue a determination that no amendments are neces-
 sary and the reasons supporting the determination. Any interested person
 may  seek  such  a review upon written application to the [department of
 environmental conservation] COUNCIL for an amendment  to  the  statewide
 water  resources  management  strategy.  [Any  statement  issued  by the
 departments that no amendments are necessary shall be submitted  to  the
 council  for approval, modification or disapproval.] Amendments shall be
 adopted in the same manner as the strategy itself. EVERY FOUR  YEARS,  A
 NEW  COMPREHENSIVE  STATEWIDE  RESOURCES  MANAGEMENT  STRATEGY  SHALL BE
 DEVELOPED AND ADOPTED BY THE WATER RESOURCES  PLANNING  COUNCIL  AS  SET
 FORTH HEREIN.
   §  9.  The  environmental  conservation law is amended by adding a new
 section 15-2915 to read as follows:
 § 15-2915. REPORT TO LEGISLATURE AND GOVERNOR.
   FROM TIME TO TIME, BUT  NOT  LESS  THAN  ONCE  EACH  YEAR,  THE  WATER
 RESOURCES  PLANNING  COUNCIL  SHALL SUBMIT A REPORT TO THE GOVERNOR, THE
 MAJORITY LEADER OF THE SENATE AND THE SPEAKER OF  THE  ASSEMBLY  ON  THE
 STATUS  AND QUALITY OF THE WATER RESOURCES OF THE STATE. WHEN REQUESTED,
 THE WATER COMMISSIONER SHALL REPRESENT AND PROVIDE TESTIMONY  ON  BEHALF
 OF THE WATER RESOURCES PLANNING COUNCIL BEFORE THE SENATE AND ASSEMBLY.
   § 10. This act shall take effect immediately.