Assembly Bill A769

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 769--A
                                                         Cal. No. 68

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. GUNTHER, P. LOPEZ, CAHILL, SPANO -- Multi-Spon-
  sored by -- M. of A.  CROUCH,  MOLINARO,  PHEFFER  --  read  once  and
  referred  to  the  Committee on Environmental Conservation -- reported
  from committee, advanced to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place on the order of third reading

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  reviewing the west of Hudson River New York city drinking water supply
  system program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The environmental conservation law is amended by adding a
new section 15-0809 to read as follows:
S 15-0809. STUDIES AND RECOMMENDATIONS TO ALLEVIATE THE THREAT OF FLOOD-
             ING IN CERTAIN AREAS.
  1. THE COMMISSIONER AND THE COMMISSIONER OF THE NEW YORK CITY  DEPART-
MENT  OF ENVIRONMENTAL PROTECTION, IN CONSULTATION WITH WATER MANAGEMENT
EXPERTS FROM FEDERAL AGENCIES, INCLUDING BUT NOT LIMITED TO, THE  UNITED
STATES  ARMY CORPS OF ENGINEERS, THE UNITED STATES GEOLOGICAL SURVEY AND
THE UNITED STATES DEPARTMENT OF INTERIOR  BUREAU  OF  LAND  RECLAMATION,
SHALL  REVIEW  THE  WEST  OF  HUDSON  RIVER NEW YORK CITY DRINKING WATER
SUPPLY SYSTEM PROGRAM AND MAKE RECOMMENDATIONS  AS  TO  STRATEGIES  THAT
COULD  POTENTIALLY ALLEVIATE THE THREAT OF FLOODING TO FLOOD PLAIN RESI-
DENTS WHILE AT THE SAME TIME CONTINUING TO SATISFY THE  REQUIREMENTS  OF
THE  U.S.  SUPREME  COURT DECREE IN NEW JERSEY V. NEW YORK, 347 U.S. 995
(1954) AND ENSURING AN ADEQUATE SUPPLY OF HIGH QUALITY DRINKING WATER TO
THE MUNICIPALITIES WHO RELY ON SUCH SYSTEM.   SUCH  RECOMMENDATIONS  MAY
INCLUDE  EXTENSION  AND/OR  EXPANSION  OF RAIN-BASED AND SNOW PACK SPILL
CONTROL PROGRAMS AS WELL AS FUTURE FLOOD PLAIN ZONING OR LAND USE  LIMI-
TATIONS.  FURTHER, THE COMMISSIONER AND THE COMMISSIONER OF THE NEW YORK
CITY  DEPARTMENT  OF ENVIRONMENTAL PROTECTION AND THE ULSTER COUNTY SOIL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD02185-02-0

A. 769--A                           2

AND WATER CONSERVATION DISTRICT, IN CONSULTATION WITH THE UNITED  STATES
ARMY  CORPS  OF  ENGINEERS,  SHALL  CONDUCT  A HYDROLOGICAL STUDY OF THE
ESOPUS CREEK TO IDENTIFY AREAS AT CHRONIC RISK OF FLOODING  AS  WELL  AS
MEASURES THAT COULD POTENTIALLY REDUCE FLOOD DAMAGE TO FLOOD PLAIN RESI-
DENTS  AND  FORM  THE  BASIS OF BETTER FLOOD MANAGEMENT ALONG SUCH CREEK
WHILE AT THE SAME TIME CONTINUING TO ENSURE AN ADEQUATE SUPPLY  OF  HIGH
QUALITY DRINKING WATER TO THE MUNICIPALITIES WHO RELY ON SUCH SYSTEM.
  2. THE COMMISSIONER SHALL REPORT TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON SUCH FINDINGS AND
RECOMMENDATIONS NOT LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND ELEV-
EN.
  S 2. This act shall take effect immediately.