NY State Senate Bill 2009-S2429

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2010	print number 2429a
Jan 29, 2010	amend and recommit to agriculture
Jan 06, 2010	referred to agriculture
Feb 20, 2009	referred to agriculture

Bill Amendments

Original

A (Active)

2009-S2429 - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §16, Ag & Mkts L; amd §§15-0107, 15-0503 & 15-0507, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S791
2013-2014: S2621
2015-2016: S3077
2017-2018: S522

2009-S2429 - Summary

Relates to farm pond dams; defines farm pond dams as dams principally installed to enhance agricultural, environmental and conservation benefits on farms.

2009-S2429 - Sponsor Memo

                                 BILL NUMBER:  S2429

 TITLE OF BILL :
An act to amend the agriculture and markets law and the environmental
conservation law, in relation to farm pond dams

 PURPOSE OF BILL :
To amend the agriculture and markets law, the environmental
conservation law to remove farm pond dams from required monitoring by
the DEC and give the responsibility by the state soil and water
conservation committee for development of guidelines and best
management practices for the classification, operation and maintenance
of farm pond dams.

 SUMMARY OF PROVISIONS :
Section 1 amends Section 16 of the agriculture and markets law by
adding a new subdivision 44 to add farm pond dams to the oversight of
the state soil and water conservation committee.

Section 2 amends section 15-0107 of the environmental conservation law
by adding a new subdivision 7 to define "farm pond dam."

Section 3 amends subdivision 3 of section 15-0503 of the environmental
conservation law by adding a new paragraph d to exclude farm pond dams
from DEC oversight.

Section 4 amends the section 15-0507 of the environmental conservation
law by adding a new subdivision 7 stating that the provision of this
section shall not apply to farm pond dams as defined in section
15-0107 of this article.

 JUSTIFICATION :
Ponds play an important role on many New York State farms. They
provide a source of water for farm crop and livestock needs in times
of drought, as well as provide many conservation benefits, such as
ecosystem enhancement, to New York's environment. These ponds (and the
dams that contain them) poise little risk to public safety.  In the
very rare circumstance where they would experience an issue, the small
amount of water and remote location of the ponds would limit any
damage. Rather than require DEC to monitor these low risk farm ponds,
the NYS Soil & Water Conservation Committee, which continually works
with farmers, is much better suited to efficiently help farmers
maintain farm ponds.

 LEGISLATIVE HISTORY :
2008:  S.7564 - (Young)  Passed Senate
       A.10542 - (Gunther) Reported from Assembly Agriculture
Committee

 BUDGET IMPLICATIONS :
The bill shifts responsibility from one department to another. The net
fiscal impact of the bill should be negligent.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S2429 - Bill Text download pdf

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

                                  2429

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 20, 2009
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

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 44 to read as follows:
  44. 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-
ing within its outer perimeter an area less than  four  thousand  square
feet;
  b. A mooring facility providing mooring for fewer than ten boats;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02358-01-9

S. 2429                             2

  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.

2009-S2429A (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §16, Ag & Mkts L; amd §§15-0107, 15-0503 & 15-0507, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S791
2013-2014: S2621
2015-2016: S3077
2017-2018: S522

2009-S2429A (ACTIVE) - Summary

Relates to farm pond dams; defines farm pond dams as dams principally installed to enhance agricultural, environmental and conservation benefits on farms.

2009-S2429A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2429A

 TITLE OF BILL :
An act to amend the agriculture and markets law and the environmental
conservation law, in relation to farm pond dams


 PURPOSE OF BILL :
To amend the agriculture and markets law, the environmental
conservation law to remove farm pond dams from required monitoring by
the DEC and give the responsibility by the state soil and water
conservation committee for development of guidelines and best
management practices for the classification, operation and maintenance
of farm pond dams.

 SUMMARY OF PROVISIONS :
Section 1 amends Section 16 of the agriculture and markets law by
adding a new subdivision 45 to add farm pond dams to the oversight of
the state soil and water conservation committee.

Section 2 amends section 15-0107 of the environmental conservation law
by adding a new subdivision 7 to define "farm pond dam."

Section 3 amends subdivision 3 of section 15-0503 of the environmental
conservation law by adding a new paragraph d to exclude farm pond dams
from DEC oversight.

Section 4 amends the section 15-0507 of the environmental conservation
law by adding a new subdivision 7 stating that the provision of this
section shall not apply to farm pond dams as defined in section
15-0107 of this article.

 JUSTIFICATION :
Ponds play an important role on many New York State farms. They
provide a source of water for farm crop and livestock needs in times
of drought, as well as provide many conservation benefits, such as
ecosystem enhancement, to New York's environment. These ponds (and the
dams that contain them) pose little risk to public safety. In the very
rare circumstance where they would experience an issue, the small
amount of water and remote location of the ponds would limit any
damage. Rather than require DEC to monitor these low risk farm ponds,
the NYS Soil & Water Conservation committee, which continually works
with farmers, is much better suited to efficiently help farmers
maintain farm ponds.

 LEGISLATIVE HISTORY :
2008: S.7564 - (Young) Passed Senate
      A.10542 - (Gunther) Reported from Assembly Agriculture Committee

 BUDGET IMPLICATIONS :
The bill shifts responsibility from one department to another. The net
fiscal impact of the bill would be negligent.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S2429A (ACTIVE) - Bill Text download pdf

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

                                 2429--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 20, 2009
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture -- recommitted
  to the Committee on Agriculture in accordance with Senate Rule 6, sec.
  8 -- committee discharged, bill amended, ordered reprinted as  amended
  and recommitted to said committee

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-
ing  within  its  outer perimeter an area less than four thousand square
feet;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02358-03-0

S. 2429--A                          2

  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.

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Senate Bill S2429

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

Bill Amendments

2009-S2429 - Details

2009-S2429 - Summary

2009-S2429 - Sponsor Memo

2009-S2429 - Bill Text download pdf

2009-S2429A (ACTIVE) - Details

2009-S2429A (ACTIVE) - Summary

2009-S2429A (ACTIVE) - Sponsor Memo

2009-S2429A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Catharine Young

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

Bill Amendments

2009-S2429 - Details

2009-S2429 - Summary

2009-S2429 - Sponsor Memo

2009-S2429 - Bill Text download pdf

2009-S2429A (ACTIVE) - Details

2009-S2429A (ACTIVE) - Summary

2009-S2429A (ACTIVE) - Sponsor Memo

2009-S2429A (ACTIVE) - Bill Text download pdf

Comments