NY State Assembly Bill 2009-A8806

Archive: Last Bill Status - In Assembly 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Jun 09, 2009	referred to environmental conservation

co-Sponsors

View additional co-sponsors

multi-Sponsors

2009-A8806 (ACTIVE) - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §15-3301, add §15-3303, En Con L

2009-A8806 (ACTIVE) - Summary

Relates to the implementation of water withdrawal permits.

2009-A8806 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8806

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to water withdrawal reporting and water withdrawal permits

PURPOSE: The purpose of this bill is to establish a water permitting
process to allow the Department of Environmental Conservation to better
regulate the use of the State's water resources.

SUMMARY OF PROVISIONS:  Section 1 amends §15-3301 of the Environmental
Conservation Law to decrease the quantity, from one hundred thousand
gallons to fifty thousand gallons, at which a person withdrawing ground-
water or surface-water is required to file a report with the Department
of Environmental Conservation (DEC).

Section two establishes the criteria and cost of the water withdrawal
permits and clarifies the type of withdrawals that would not be subject
to permitting:

* Beginning September 1, 2010, no person or entity shall undertake any
new action to withdraw, or contribute to the withdrawal, of more than
100,000 gallons of water without having first obtained a water with-
drawal permit from DEC.

* Beginning September 1, 2013 no person or entity shall withdraw, or
contribute to the withdrawal, of more than 100,000 gallons of water

without having first obtained a water withdrawal permit from the DEC.

*  Permits would be valid for five years from the date of issuance, and
will cost the following:

o $1,000 for withdrawals of 100,000 or more gallons a day

o $2,000 for withdrawals of 250,000 or more gallons a day

o $3,000 for withdrawals of 500,000 or more gallons a day

o $4,000 for withdrawals of 750,000 or more gallons a day

o $5,000 for withdrawals of 1,000,000 or more gallons a day

* Withdrawals, including fire and emergency response, domestic residen-
tial use, agricultural withdrawals, geothermal heat pumps and reclaimed
wastewater would be exempt

* Permit applications shall only be approved by DEC if they meet certain
criteria, including consideration of natural resources impact, existing
users, water quality and consistency with water conservation goals.

Section three of the bill directs DEC to adopt rules and regulations
that establish water use standards for maintaining in-stream flows that

protect aquatic life, and identify water sheds at risk from cumulative
use.  Section four contains the effective date.

JUSTIFICATION:  Every New Yorker has the right to safe, clean, suffi-
cient and affordable water and the State has an obligation to protect
its ground and surface water resources for the long-term benefit of its
people. In addition, the State needs to ensure that adequate water flows
and levels to protect fish, wildlife and other natural resources are
maintained, safeguard and enhance opportunities for recreational use,
and protect existing private water users dependent upon surface water
flows.

In establishing the permitting process contained in the bill, the Legis-
lature is granting the Department of Environmental Conservation (DEC)
the authority to regulate water uses so that the agency can adequately
prepare for future impacts and protect valuable water resources. As
water resources worldwide become increasingly scarce, water management
planning becomes even more important. At least 27 other states have
water withdrawal laws, including many of New York's neighbors. This
legislation would provide additional information and oversight to help
ensure that the Department of Environmental Conservation has the tools
needed to manage this precious resource.

LEGISLATIVE HISTORY: This is new legislation.

FISCAL IMPLICATIONS:  To be determined. This legislation will result in
an increase in revenue to the Environmental Protection Fund.

EFFECTIVE DATE:  This act shall take effect immediately.

2009-A8806 (ACTIVE) - Bill Text download pdf

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

                                  8806

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 9, 2009
                               ___________

Introduced  by M. of A. SWEENEY -- read once and referred to the Commit-
  tee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to water
  withdrawal reporting and water withdrawal permits

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

  Section  1.  Subdivision  1  of  section  15-3301 of the environmental
conservation law, as added by section 1 of part CCC of chapter 59 of the
laws of 2009, is amended to read as follows:
  1. Any person who withdraws or is operating any system  or  method  of
withdrawal  that has the capacity to withdraw more than [100,000] 50,000
gallons of groundwater or surface water per day at  a  single  tract  of
land,  water  source  or  place of business shall file a report with the
department.  Such report shall be filed on or before February first, two
thousand ten and every February first thereafter. Any  report  filed  in
two  thousand  ten  shall  be  based on those calendar months commencing
after the effective date of this section. The report shall be made on  a
form and contain such information as may be prescribed by the department
and  shall  be  based on the water withdrawals for the previous calendar
year, and shall include but not be limited to:
  (a) the water source, the location of the water source and the  source
capacity if known;
  (b)  the  amount  AND  FREQUENCY  of water withdrawn for the reporting
period, including the average or peak withdrawals for  intervals  speci-
fied by the department;
  (c) a description of the use of the water withdrawn; and
  (d)  estimated  amounts of water to be returned, if any, the locations
of such returns and the method of such returns.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 15-3303 to read as follows:
S 15-3303. WATER WITHDRAWAL PERMITS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14092-01-9

A. 8806                             2

  1. (A) BEGINNING SEPTEMBER FIRST, TWO THOUSAND TEN, NO PERSON OR ENTI-
TY  SHALL  UNDERTAKE  ANY NEW ACTION THAT MAY CAUSE OR CONTRIBUTE TO THE
WITHDRAWAL OF MORE THAN  100,000  GALLONS  PER  DAY  OF  GROUNDWATER  OR
SURFACE WATER OR BOTH, UNLESS SUCH PERSON OR ENTITY HAS OBTAINED A WATER
WITHDRAWAL PERMIT FROM THE DEPARTMENT.
  (B)  BEGINNING  SEPTEMBER  FIRST,  TWO THOUSAND THIRTEEN, NO PERSON OR
ENTITY SHALL UNDERTAKE ANY ACTION THAT MAY CAUSE OR  CONTRIBUTE  TO  THE
WITHDRAWAL  OF MORE THAN 100,000 GALLONS OF WATER PER DAY OF GROUNDWATER
OR SURFACE WATER OR BOTH, UNLESS SUCH PERSON OR ENTITY  HAS  OBTAINED  A
WATER WITHDRAWAL PERMIT FROM THE DEPARTMENT.
  (C)  A  PERMIT ISSUED PURSUANT TO THIS SECTION SHALL BE VALID FOR FIVE
YEARS FROM THE DATE OF ISSUANCE.  THE DEPARTMENT SHALL CHARGE A FEE  FOR
SUCH PERMIT IN THE FOLLOWING AMOUNTS:
  (I) $1,000 FOR WITHDRAWALS OF 100,000 OR MORE GALLONS PER DAY;
  (II) $2,000 FOR WITHDRAWALS OF 250,000 OR MORE GALLONS PER DAY;
  (III) $3,000 FOR WITHDRAWALS OF 500,000 OR MORE GALLONS PER DAY;
  (IV) $4,000 FOR WITHDRAWALS OF 750,000 OR MORE GALLONS PER DAY;
  (V) $5,000 FOR WITHDRAWALS OF 1,000,000 OR MORE GALLONS PER DAY.
  2. THE FOLLOWING WATER WITHDRAWALS ARE EXEMPT FROM THE PERMIT REQUIRE-
MENT ESTABLISHED BY SUBDIVISION ONE OF THIS SECTION:
  (A)  A WITHDRAWAL FOR EMERGENCY FIRE SUPPRESSION OR OTHER PUBLIC EMER-
GENCY PURPOSES;
  (B) A WITHDRAWAL REPORTED TO THE DEPARTMENT  UNDER  ANY  PROGRAM  THAT
REQUIRES  THE  REPORTING  OF SUBSTANTIALLY SIMILAR DATA, INCLUDING WITH-
DRAWALS REGULATED BY THE SUSQUEHANNA RIVER BASIN COMPACT,  THE  DELAWARE
RIVER  BASIN  COMPACT,  THE  GREAT  LAKES-ST. LAWRENCE RIVER BASIN WATER
RESOURCES COMPACT, VALID PUBLIC WATER SUPPLY PERMITS, PERMITS  FOR  LONG
ISLAND  WATER  WELLS  AND  PERMITS ISSUED PURSUANT TO SECTION 15-1505 OF
THIS ARTICLE;
  (C) A WITHDRAWAL FOR DOMESTIC, RESIDENTIAL USE;
  (D)  WITHDRAWAL  FOR  AGRICULTURAL  PURPOSES,  PUBLIC  WATER  SYSTEMS,
PROVIDED  HOWEVER THAT WITHDRAWALS FOR SUCH PURPOSES SHALL BE SUBJECT TO
THE REPORTING REQUIREMENTS OF SECTION 15-3301 OF THIS TITLE;
  (E) CLOSED LOOP, STANDING COLUMN, OR SIMILAR NON-EXTRACTIVE GEOTHERMAL
HEAT PUMPS; AND
  (F) RECLAIMED WASTEWATER WITHDRAWN FOR REUSE.
  3. THE DEPARTMENT SHALL ONLY APPROVE A WATER WITHDRAWAL PERMIT  APPLI-
CATION IF IT MEETS THE FOLLOWING CRITERIA:
  (A) THE PROPOSED USE WILL NOT DAMAGE EXISTING WATER RIGHTS;
  (B)  THE  WATER  SOURCE  IS SUFFICIENT FOR THE PURPOSE OF THE PROPOSED
WITHDRAWAL AND WILL NOT ADVERSELY IMPACT THE  NATURAL  REPLENISHMENT  OR
SAFE YIELD OF THE WATER RESOURCES;
  (C) THE PROPOSED WITHDRAWAL WILL NOT VIOLATE STATE WATER QUALITY STAN-
DARDS;
  (D)  THE PROPOSED WITHDRAWAL WILL NOT ADVERSELY AFFECT EXISTING GROUND
OR SURFACE WATER USERS;
  (E) THE PROPOSED WITHDRAWAL WILL  NOT  ADVERSELY  IMPACT  THE  STATE'S
NATURAL  RESOURCES,  INCLUDING  WETLANDS, RIVERS, STREAMS, AND AQUIFERS,
NOR ADVERSELY IMPACT THE PROPAGATION AND MANAGEMENT OF  FISH  AND  OTHER
AQUATIC LIFE, WILDLIFE AND THE PRESERVATION OF ENDANGERED SPECIES;
  (F)  THE PROPOSED WITHDRAWAL WILL NOT HAVE A SIGNIFICANT IMPACT ON THE
QUALITY OF THE WATER AND WATER DEPENDENT RESOURCES; AND
  (G) THE WITHDRAWAL IS CONSISTENT WITH THE STATE'S  WATER  CONSERVATION
GOALS INCLUDING THE FOLLOWING:
  (I)  APPLICATION  OF  BEST  MANAGEMENT  PRACTICES TO DETECT AND REPAIR
WATER LEAKS;

A. 8806                             3

  (II) IDENTIFICATION AND INSTALLATION  OF  STATE-OF-THE-ART  WATER-CON-
SERVING FIXTURES;
  (III) EMPLOYEE TRAINING REGARDING APPROPRIATE WATER CONSERVATION TECH-
NIQUES;
  (IV)  PUBLIC EDUCATION REGARDING WATER CONSERVATION IN CONNECTION WITH
THE USE OF WATER FOR WHICH THE APPLICANT'S PERMIT IS GRANTED; AND
  (V) OTHER WATER CONSERVATION MEASURES AND GOALS AS PROSCRIBED  INCLUD-
ING  PRICING,  CONSERVATION  MEASURES,  DROUGHT PROTECTION MEASURES, AND
LIMITING UNACCOUNTED-FOR WATER.
  4. REVENUE RECEIVED FROM THE PERMITS ISSUED PURSUANT TO  THIS  SECTION
SHALL  BE  DEPOSITED  TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND
ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
  S 3. The department of environmental conservation  shall  adopt  rules
that  establish water use standards for maintaining in-stream flows that
are protective of aquatic life and other uses and that establish  crite-
ria  for  designating watersheds most at risk from cumulative water use.
Standards adopted under this section must be based on the natural  vari-
ation of flows and water levels, allowing variances if use will still be
protective of water quality within that classification.
  S 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Assembly Bill A8806

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

co-Sponsors

multi-Sponsors

2009-A8806 (ACTIVE) - Details

2009-A8806 (ACTIVE) - Summary

2009-A8806 (ACTIVE) - Sponsor Memo

2009-A8806 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-A8806

Assembly Bill A8806

Share this bill

Sponsored By

SWEENEY

Archive: Last Bill Status - In Assembly Committee

Actions

co-Sponsors

Ellen C. Jaffee

Albert A. Stirpe

Harvey Weisenberg

Robert Reilly

multi-Sponsors

Robert Castelli

Ginny Fields

Deborah Glick

Daniel O'Donnell

2009-A8806 (ACTIVE) - Details

2009-A8806 (ACTIVE) - Summary

2009-A8806 (ACTIVE) - Sponsor Memo

2009-A8806 (ACTIVE) - Bill Text download pdf

Comments