Assembly Bill A976

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

                                 976--A
                                                         Cal. No. 89

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. GUNTHER, LUPARDO, CROUCH, MOLINARO -- Multi-Spon-
  sored  by -- M.  of A. O'MARA -- read once and referred to the Commit-
  tee on Agriculture -- 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 agriculture and markets law  and  the  environmental
  conservation law, in relation to farm pond dams

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

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 45 to read as follows:
  45. DEVELOP GUIDELINES AND BEST MANAGEMENT  PRACTICES  IN  CONJUNCTION
WITH THE STATE SOIL AND WATER CONSERVATION COMMITTEE FOR THE CLASSIFICA-
TION, OPERATION AND MAINTENANCE OF FARM POND DAMS.
  S  2.  Subdivision 7 of section 15-0107 of the environmental conserva-
tion law is renumbered subdivision 8 and a new subdivision 7 is added to
read as follows:
  7. "FARM POND DAM" SHALL MEAN THOSE  DAMS  MEETING  GUIDELINES  ESTAB-
LISHED  BY  THE  NEW  YORK  STATE  SOIL AND WATER CONSERVATION COMMITTEE
PURSUANT TO SECTION SIXTEEN OF  THE  AGRICULTURE  AND  MARKETS  LAW  AND
INSTALLED TO PRINCIPALLY ENHANCE AGRICULTURAL, ENVIRONMENTAL AND CONSER-
VATION BENEFITS ON FARMS.
  S  3.  Subdivision 3 of section 15-0503 of the environmental conserva-
tion law, as amended by chapter 364 of the laws of 1999, is  amended  to
read as follows:
  3.  The  requirement  of  a  permit pursuant to this section shall not
apply to the following facilities:
  a. A dock, pier, wharf or other structure used  solely  as  a  landing
place  on water providing dockage for five or fewer boats and encompass-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02358-02-0

A. 976--A                           2

ing within its outer perimeter an area less than  four  thousand  square
feet;
  b. A mooring facility providing mooring for fewer than ten boats;
  c. Seasonal replacement or reinstallation of structures referenced and
listed  in  paragraph b of subdivision 1 of this section installed prior
to the effective date of this paragraph[.];
  D. FARM POND DAMS AS DEFINED IN SUBDIVISION 7 OF  SECTION  15-0107  OF
THIS ARTICLE.
  S  4. Section 15-0507 of the environmental conservation law is amended
by adding a new subdivision 7 to read as follows:
  7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO FARM POND DAMS AS DEFINED
IN SECTION 15-0107 OF THIS ARTICLE.
  S 5. This act shall take effect immediately.