NY State Senate Bill 2009-S6335

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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
Feb 17, 2010	committee discharged and committed to environmental conservation
Jan 06, 2010	referred to rules
Dec 09, 2009	referred to rules

2009-S6335 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Rpld Art 15 Title 33, amd En Con L, generally

2009-S6335 (ACTIVE) - Summary

Relates to the regulation of the use of the state's water resources; requires permits for interbasin diversions of water and approval of modification to existing systems; increases fees for water supply permits.

2009-S6335 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6335

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
regulating the use of the state's water resources; and to repeal title
33 of article 15 of such law relating to water withdrawal reporting


 PURPOSE :

The purpose of this bill is to authorize the Department of
Environmental Conservation (DEC) to implement a water withdrawal
permitting program to regulate the use of the State's water resources.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Environmental Conservation Law (ECL)

§ 15-1501 to simplify the existing water supply permit program and to
expand the program to address most significant water uses. More
specifically, ECL § 15-1501 would be amended to: (1) require that,
once DEC promulgates regulations, all persons that operate or propose
to operate a water withdrawal system with a capacity equal to or
greater than the "threshold volume" of 100,000 gallons per day (gpd)
obtain a permit from DEC; (2) confirm that a supplier of public water

may not install or construct a public water supply system until it has
received approval from DEC; (3) require DEC to promulgate rules and
regulations to implement a permitting program for water withdrawals
equaling or exceeding the threshold volume; (4) authorize DEC to
consolidate existing public water supply permits for administrative
efficiency; and (5) exempt certain withdrawals from permitting
requirements.

Section 2 of the bill would amend ECL § 15-1502 to add definitions for
the following terms which the bill would add to Title 15 of Article 15
of the ECL (Title 15): "compact basin commission," "interbasin
diversion," "person," "potable," "public water supply system,"
"threshold volume," "water conservation practices and measures,"
"water withdrawal system" and "withdrawal."

Section 3 of the bill would amend ECL § 15-1503 to: (1) make
conforming amendments necessitated by other amendments to Title 15
made by the bill; (2) clarify the information that must be provided
with a permit application; (3) require that, in making its permit
decisions, DEC will determine whether a proposed withdrawal takes into
consideration other sources of supply that are or may become
available, will be adequate for the proposed use, may result in
significant adverse impacts to proximate municipalities, cannot
reasonably be avoided through efficient use and conservation of
existing water supplies, and will be implemented in a manner that
ensures it will result in no significant adverse impacts, incorporates
water conservation practices and measures, and is consistent with
applicable municipal, state and federal laws and regional and
international agreements; and (4) provide that a new permit for a
water withdrawal system and a permit renewal will be valid for a
period not to exceed ten years.

Section 4 of the bill would amend ECL § 15-1505 to: (1) provide that
no person may make a new or increased interbasin diversion of water
which results in a diversion in excess of one million gpd until the
person has registered such diversion with DEC; (2) provide that no
later than one year from the bill's effective date, all existing
diversions in excess of one million gpd must be registered with DEC;
(3) provide that no person shall be authorized to make a new or
increased interbasin diversion which results in a significant adverse
impact to the water quantity of the source subregional drainage basin;
and (4) authorize DEC to assess an annual registration fee of $200 for
all persons required to register an interbasin transfer.

Section 5 of the bill would amend ECL § 15-1521 to make conforming
amendments necessitated by other amendments to Title 15 made by the
bill.

Section 6 of the bill would amend ECL § 15-1529 to provide that, in
lieu of DEC inspection and approval, the construction of any water
withdrawal system will be supervised by a licensed professional
engineer that will certify to DEC and the owner that the system has
been fully completed in accordance with the approved engineering
report, plans and specifications, and the permit.

Section 7 of the bill would add a new ECL § 15-1531 to require the
Commissioner of Environmental Conservation (Commissioner) to report to
the Governor and the Legislature, within two years and thereafter as
the Commissioner deems appropriate, on the implementation of Title 15;
including on the need to modify the threshold volume for particular
water sources, watersheds, water bodies or regions, where DEC has
determined that special protection is necessary.

Section 8 of the bill would repeal, effective December 31, 2012, Title
33 of ECL Article 15 (Title 33), which was added by Chapter 59 of the
Laws of 2009 to enable the State to gain information about large water
withdrawals, given that the information collected pursuant to Title 33
will be incorporated into the permitting requirements of Title 15 as
amended by this bill.

Section 9 of the bill would amend ECL § 71-1127 to increase the
maximum civil penalty for violations of ECL Article 15 from $500 to
$2,500 per violation and from $100 to $500 for each day during which
such violation continues.

Section 10 of the bill would amend ECL Article 72 to add a new Title 8
to establish an annual fee structure for persons required to obtain a
permit pursuant to the revised water supply permit program.

Section 11 of the bill would provide for an immediate effective date,
except that Section 8 of the bill, which would repeal Title 33 of ECL
Article 15, would take effect on December 31, 2012.

 EXISTING LAW :

ECL Article 15 sets forth New York's water resources program. Title 15
sets forth the provisions related to regulating water supply. ECL §
15-1501 requires public water suppliers to obtain a permit from DEC.
ECL § 15-1502 provides the definitions applicable to Title 15. ECL §
15-1503 sets forth the criteria applicable to DEC's decision to grant
or deny a permit. ECL § 15-1505 requires a permit for supplying water
to other states. ECL § 15-1521 authorizes DEC to require that an
applicant for a water supply permit make provisions for and supply
water to other areas of the state if such areas should be supplied by
the water source sought by the applicant.  ECL § 15-1529 requires DEC
approval of completed construction before a project may be operated.
ECL § 71-1127 establishes the maximum civil penalty for any person who
violates the provisions of ECL Article 1.5 or any rule, regulation,
order or permit issued thereunder. ECL Article 72 establishes various
environmental regulatory program fees.

 LEGISLATIVE HISTORY :

This is a new proposal.

 STATEMENT IN SUPPORT :
New York State is fortunate to have plentiful water resources. The
preservation and protection of these resources is vital to New York's
residents and businesses, who rely on these resources for drinking
water supplies, and to support agriculture, manufacturing and other
industries and recreation in the State. Aquatic and terrestrial flora
and fauna are also dependent on these critical resources to maintain
healthy populations. Good policy and sound natural resource management
practices are critical to assuring long-term supplies of water to meet
such needs.

Pursuant to the ECL, DEC has been entrusted with the responsibility to
conserve and control New York State's water resources for the benefit
of all the inhabitants of the State.  However, the water supply
provisions of Title 15 derive primarily from statutes written in the
first half of last century, and therefore are outdated. Under the
provisions of Title 15, DEC generally only has authority to regulate
public water supplies to ensure adequate quantities of potable water.
As a result, consumptive uses of water for agricultural, commercial
and industrial consumptive uses remain largely unregulated.

Moreover, since the provisions of Article 15 were enacted, population
growth, pressures to keep water instream for fisheries and the
environment, and increased use of water for commercial, industrial and
other purposes have resulted in substantially increased demands on the
State's water resources. In addition, potential impacts from climate
change, and proposals to export vast amounts of water from New York to
other states and abroad could pose new threats to the State's water
supply. These issues have served to highlight the limitations on the
State's water resources program and DEC's limited ability to regulate
water withdrawals for many purposes. In contrast, neighboring states
of Connecticut, New Jersey, Rhode Island and Massachusetts all have
programs that regulate industrial, commercial and agricultural water
withdrawals.

Another important recent development is enactment of the Great
Lakes-St.  Lawrence River Basin Water Resources Compact (Compact)
which includes a number of provisions to preserve and protect the
water resources of the Great Lakes-St. Lawrence River Basin (Great
Lakes Basin). The Great Lakes Basin is home to 20 percent of New
York's population and covers approximately 50 percent of New York
State by area. A key provision of the bill requires that New York
regulate all water withdrawals occurring in the New York portion of
the Great Lakes Basin. Once the provisions of the Compact are fully
implemented in New York, a significant portion of the State's water
resources will be protected.

These developments, and the potential adverse effects of climate
change, support the need to implement more effective measures proposed
by this bill to protect and conserve New York's water resources.

In addition, this bill, by authorizing DEC to implement a statewide
permitting program for all water withdrawals of equal or greater than
100,000 gpd, would allow New York to meet one if its significant
responsibilities under the Compact: implementation of a regulatory
program for water withdrawals in the Great Lakes Basin. Further, this
bill would result in a strengthening of the water conservation
elements of the current permitting program and encourage water reuse,
consistent with the Compact and sound resource management.

Finally, by focusing DEC's jurisdiction on significant withdrawals
which exceed 100,000 gpd, DEC would no longer be required to issue
permits for smaller public water supplies. This change would allow DEC
to focus its attention on large withdrawals that have the potential to
have significant impact on the quantity and quality of the State's
water resources, while relieving smaller communities of the regulatory
burden of obtaining a permit from DEC. Although small public water
supplies will be exempt from DEC's permitting process, the New York
State Department of Health will continue to regulate these smaller
withdrawals to ensure their adequacy and the protection of public
health.

 BUDGET IMPLICATIONS :

This bill is not expected to have an impact on the State or
localities, as the State and localities are excluded from the bill's
fee provisions.

 EFFECTIVE DATE :
This bill would take effect immediately; provided, however, that
Section 8 would take effect December 31, 2012.

2009-S6335 (ACTIVE) - Bill Text download pdf

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

                                  6335

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            December 9, 2009
                               ___________

Introduced  by  Sen.  THOMPSON  --  (at request of the Governor) -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Rules

AN ACT to amend the environmental conservation law, in relation to regu-
  lating  the use of the state's water resources; and to repeal title 33
  of article 15 of such law relating to water withdrawal reporting

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

  Section  1.  Section 15-1501 of the environmental conservation law, as
amended by chapter 233 of the laws  of  1979,  is  amended  to  read  as
follows:
S 15-1501. New or additional sources of water supply; permit.
  1.  Except  as  otherwise provided in this title, no person [or public
corporation] who is authorized and engaged in, or  proposing  to  engage
in, the [acquisition, conservation, development, use and distribution of
water  for  potable  purposes, for the irrigation of agricultural lands,
for projects taken pursuant to Article 5-D of the  County  Law,  or  for
multi-purpose projects authorized by a general plan adopted and approved
pursuant  to  title 11 of this article,] OPERATION OF A WATER WITHDRAWAL
SYSTEM WITH A CAPACITY OF GREATER THAN OR EQUAL TO THE THRESHOLD VOLUME,
shall have any power to do the following until such  person  [or  public
corporation] has first obtained a permit OR PERMIT MODIFICATION from the
department pursuant to this title:
  a.  To  [acquire  or take] MAKE a water [supply] WITHDRAWAL FROM A NEW
SOURCE or an [additional] INCREASED water [supply]  WITHDRAWAL  from  an
existing approved source; [or]
  b. To take or condemn lands for THE PROTECTION OF ANY EXISTING SOURCES
OF  PUBLIC WATER SUPPLY; OR FOR THE DEVELOPMENT OR PROTECTION OF any new
or additional sources of PUBLIC water supply [or for the utilization  of
such supplies]; [or]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12079-04-9

S. 6335                             2

  c.  To commence or undertake the construction of any works or projects
in connection with the proposed [plans] WITHDRAWAL; or
  d. [To exercise any franchise hereafter granted to supply water to any
inhabitants of the state; or
  e.  To  extend  its  supply or distribution mains into a municipality,
water district, water supply district, or other civil  division  of  the
state wherein it has not heretofore legally supplied water; or
  f.  To  construct  any  extension  of its supply mains except within a
service area approved by the department after public hearing; or
  g. To extend the boundaries of a water district; or
  h. To supply water in or for use in any other  municipality  or  civil
division  of  the  state  which  owns and operates a water supply system
therein, or in any duly organized water supply or fire district supplied
with water by another person or public corporation] TO  MAKE  A  SIGNIF-
ICANT  CHANGE  IN  THE PRINCIPAL USE OF THE WATER WITHDRAWAL SYSTEM FROM
THAT SPECIFIED IN THE PERMIT, OR PERMIT APPLICATION.
  2. [A permit shall not be necessary for the  extension  of  supply  or
distributing  mains  or pipes of a municipal water supply plant into and
for the purpose of supplying water in any territory within the limits of
the municipality owning such plant, including territory  which  has  not
been  heretofore  supplied  with water by such plant, nor for the recon-
struction or replacement of existing facilities in  connection  with  an
existing plant wherein the capacity of the plant is in no way increased,
nor  for  the  construction  of filtration or other treatment facilities
which will not in any way increase the amount of water which can be made
available from the present sources of supply.  A  permit  shall  not  be
necessary  for the extension of supply or distributing mains or pipes of
a county water authority into and for the purpose of supplying water  in
any  territory assigned to such county water authority within the limits
of the county but excluding territory specifically assigned  to  private
or  other municipal water companies by the department which has not been
heretofore supplied with water by such county water authority,  nor  for
the  reconstruction  or replacement of existing facilities in connection
with an existing plant wherein the capacity of the plant is  in  no  way
increased,  nor  for  the  construction of filtration or other treatment
facilities which will not in any way increase the amount of water  which
can  be  made  available  from  the present sources of supply, provided,
however, that nothing herein contained shall be held to  authorize  such
county  water  authority to enter into competition with, for the purpose
of service in the area served by the mains, the transmission or distrib-
ution mains of any other water works system, either publicly or private-
ly owned, already legally established in said county  for  the  sale  of
water  at  wholesale or retail, or which hereafter may legally be estab-
lished for said purpose; or to sell  water  to  any  other  water  works
system,  either  publicly or privately owned, and not now served by said
county authority] ALL PERSONS REQUIRED TO OBTAIN  A  PERMIT  UNDER  THIS
SECTION  SHALL  SUBMIT  ANNUALLY  TO  THE  DEPARTMENT A FEE IN AN AMOUNT
PRESCRIBED IN TITLE  EIGHT  OF  ARTICLE  SEVENTY-TWO  OF  THIS  CHAPTER;
PROVIDED,  HOWEVER,  THAT  NO  PERSON  SHALL BE REQUIRED TO PAY SUCH FEE
UNTIL THE DEPARTMENT PROMULGATES  REGULATIONS  PURSUANT  TO  SUBDIVISION
FIVE OF THIS SECTION.
  3.  UNTIL  THE DEPARTMENT PROMULGATES REGULATIONS PURSUANT TO SUBDIVI-
SION FIVE OF THIS SECTION, NOTHING CONTAINED IN SUBDIVISION ONE OF  THIS
SECTION  CONCERNING  PERMITS  FROM THE DEPARTMENT SHALL BE APPLICABLE TO
WATER WITHDRAWALS OTHER THAN FOR A PUBLIC WATER SUPPLY SYSTEM. UNTIL AND
UNLESS OTHERWISE PROVIDED BY SUCH REGULATIONS, ALL  VALID  PUBLIC  WATER

S. 6335                             3

SUPPLY PERMITS ISSUED BY THE DEPARTMENT OR ITS PREDECESSORS SHALL REMAIN
IN  FULL  FORCE  AND  EFFECT  AND  SHALL BE DEEMED TO SATISFY THE PERMIT
REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION FOR EXISTING WATER WITH-
DRAWALS FROM A SOURCE AND IN AN AMOUNT AUTHORIZED BY THE PERMIT.
  4.  Nothing  CONTAINED  in  this  [section  provided] TITLE CONCERNING
PERMITS FROM THE DEPARTMENT FOR WATER WITHDRAWALS  shall  be  deemed  to
nullify  the requirements of [Regulation 2, Chapter V] SECTION 5-1.22 of
the State Sanitary Code, as in effect on [January 1,  1960,  that  plans
for  a new water treatment plant for the treatment of an existing public
water supply or for any addition to or modification of an existing water
treatment plant, or for any addition to  or  modification  of  a  public
water  supply  system which will or may affect the quality of the public
water supply, shall be submitted to and approved by the Commissioner  of
Health,  which  regulation  has  no  application  to a new or additional
source or sources of public water supply of a permanent character  which
require a permit from the Department of Environmental Conservation under
the  provisions of this article] APRIL 25, 2001, AS AMENDED FROM TIME TO
TIME. NO SUPPLIER OF WATER SHALL MAKE, INSTALL OR CONSTRUCT, OR ALLOW TO
BE MADE, INSTALLED OR CONSTRUCTED, A PUBLIC WATER SUPPLY SYSTEM  OR  ANY
ADDITION  OR DELETION TO OR MODIFICATION OF A PUBLIC WATER SUPPLY SYSTEM
UNTIL THE PLANS AND SPECIFICATIONS THEREFOR HAVE BEEN SUBMITTED  TO  AND
APPROVED BY THE COMMISSIONER OF HEALTH OR HIS OR HER DESIGNEE.
  5.  THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO IMPLEMENT A PERMIT-
TING PROGRAM FOR WATER WITHDRAWALS EQUAL TO OR GREATER THAN THE  THRESH-
OLD  VOLUME CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION. SUCH REGU-
LATIONS MAY ESTABLISH:  (A) EXEMPTIONS FROM PERMITTING  REQUIREMENTS  IN
ADDITION  TO  THOSE  EXEMPTIONS  SPECIFIED  IN THIS SECTION; (B) MINIMUM
STANDARDS FOR CONSTRUCTION AND OPERATION OF  WATER  WITHDRAWAL  SYSTEMS;
(C)  REPORTING  AND  RECORDKEEPING  REQUIREMENTS;  (D)  REQUIREMENTS FOR
PERSONS WHO OWN OR OPERATE PUBLIC WATER SUPPLY SYSTEMS  TO  ENSURE  SAFE
AND  RELIABLE  SERVICE TO USERS AND POTENTIAL USERS OF SUCH SYSTEMS; (E)
PROTECTIONS FOR PRESENT AND FUTURE NEEDS FOR SOURCES  OF  POTABLE  WATER
SUPPLY;  AND (F) ANY OTHER CONDITIONS, LIMITATIONS AND RESTRICTIONS THAT
THE DEPARTMENT DETERMINES ARE NECESSARY TO PROTECT THE  ENVIRONMENT  AND
THE  PUBLIC  HEALTH, SAFETY AND WELFARE AND TO ENSURE THE PROPER MANAGE-
MENT OF THE WATERS OF THE STATE.
  6. THE DEPARTMENT IS AUTHORIZED TO CONSOLIDATE EXISTING  WATER  SUPPLY
PERMITS  FOR  A  PUBLIC  WATER  SUPPLY  SYSTEM  INTO ONE PERMIT, AND MAY
REQUIRE SUBMISSION OF AN APPLICATION FOR SUCH PERMIT WHERE  THE  DEPART-
MENT  DETERMINES THAT SUCH ACTIONS ARE NECESSARY TO PROTECT THE ENVIRON-
MENT AND THE PUBLIC HEALTH, SAFETY AND WELFARE AND TO ENSURE THE  PROPER
MANAGEMENT OF THE WATERS OF THE STATE.
  7.  EACH  PERSON  WHO  IS REQUIRED UNDER THIS SECTION TO HOLD A PERMIT
SHALL ANNUALLY, ON A FORM  PRESCRIBED  BY  THE  DEPARTMENT,  REPORT  ALL
INFORMATION  REQUESTED  BY  THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO
WATER CONSERVATION PRACTICES AND MEASURES UNDERTAKEN DURING THE  REPORT-
ING PERIOD.
  8. THE FOLLOWING WATER WITHDRAWALS ARE EXEMPT FROM THE PERMIT REQUIRE-
MENTS  ESTABLISHED  BY  THIS  SECTION:  (A)  WITHDRAWALS  USED  FOR FIRE
SUPPRESSION OR PUBLIC EMERGENCY PURPOSES; (B) WITHDRAWALS SUBJECT TO THE
PERMITTING REQUIREMENTS OF A COMPACT BASIN COMMISSION WHICH  ADMINISTERS
A  PERMITTING PROGRAM GOVERNING SUCH WATER WITHDRAWALS; (C) CLOSED LOOP,
STANDING COLUMN, OR SIMILAR NON-EXTRACTIVE GEOTHERMAL  HEAT  PUMPS;  AND
(D)  WITHDRAWALS  FOR  WHICH  A  PERMIT  HAS BEEN ISSUED PURSUANT TO THE
REQUIREMENTS OF SECTION 15-1527 OF THIS TITLE.

S. 6335                             4

  S 2. Section 15-1502 of the environmental conservation law is  amended
by  adding  nine  new subdivisions 7, 8, 9, 10, 11, 12, 13, 14 and 15 to
read as follows:
  7.    "COMPACT  BASIN  COMMISSION" SHALL MEAN AN INTERSTATE COMMISSION
HAVING JURISDICTION WITH RESPECT TO THE REGULATION  OF  WATER  RESOURCES
WITHIN   A  BASIN  IN  THE  STATE,  CREATED  BY  INTERSTATE  COMPACT  OR
FEDERAL-INTERSTATE COMPACT, INCLUDING BUT NOT LIMITED TO, THE SUSQUEHAN-
NA RIVER BASIN COMMISSION AND THE DELAWARE RIVER BASIN COMMISSION.
  8. "INTERBASIN DIVERSION" SHALL MEAN  THE  WITHDRAWAL,  DIVERSION,  OR
PUMPING  OF  SURFACE  WATER  FROM  ONE SUBREGIONAL DRAINAGE BASIN OR THE
WITHDRAWAL OF GROUNDWATER FROM A POINT LOCATED  WITHIN  OR  BENEATH  ONE
SUBREGIONAL  DRAINAGE  BASIN AND RELEASE OF ALL OR ANY PART OF THE WATER
IN ANOTHER SUBREGIONAL DRAINAGE BASIN. A SUBREGIONAL DRAINAGE  BASIN  IS
DEFINED  BY  THE FOUR DIGIT HYDROLOGIC UNIT CODE OF THE U.S.  GEOLOGICAL
SURVEY.
  9. "PERSON" SHALL MEAN ANY INDIVIDUAL, PUBLIC OR PRIVATE  CORPORATION,
POLITICAL  SUBDIVISION,  GOVERNMENT  AGENCY, DEPARTMENT OR BUREAU OF THE
STATE, MUNICIPALITY, INDUSTRY, CO-PARTNERSHIP, ASSOCIATION, FIRM, TRUST,
ESTATE OR ANY OTHER LEGAL ENTITY WHATSOEVER.
  10. "POTABLE" SHALL MEAN WATER INTENDED  FOR  HUMAN  CONSUMPTION  THAT
MEETS THE REQUIREMENTS ESTABLISHED BY 10 NYCRR 5-1.
  11.  "PUBLIC  WATER  SUPPLY SYSTEM" SHALL MEAN A PERMANENTLY INSTALLED
WATER WITHDRAWAL  SYSTEM  INCLUDING  ITS  SOURCE,  COLLECTION,  PUMPING,
TREATMENT,  TRANSMISSION,  STORAGE  AND  DISTRIBUTION FACILITIES USED IN
CONNECTION WITH SUCH SYSTEM, WHICH PROVIDES PIPED WATER  TO  THE  PUBLIC
FOR  POTABLE  PURPOSES,  IF  SUCH  SYSTEM  HAS  AT  LEAST  FIVE  SERVICE
CONNECTIONS USED BY YEAR-ROUND RESIDENTS.
  12. "THRESHOLD VOLUME" SHALL MEAN THE WITHDRAWAL OF WATER OF A  VOLUME
OF  ONE  HUNDRED  THOUSAND  GALLONS  OR  MORE PER DAY, DETERMINED BY THE
LIMITING MAXIMUM CAPACITY OF THE WATER WITHDRAWAL, TREATMENT, OR CONVEY-
ANCE SYSTEM.
  13. "WATER CONSERVATION PRACTICES AND MEASURES" SHALL MEAN THOSE PRAC-
TICES AND MEASURES WHICH ARE ENVIRONMENTALLY SOUND, ECONOMICALLY  FEASI-
BLE  AND COST EFFECTIVE AND DESIGNED TO ACCOMPLISH ANY OF THE FOLLOWING:
(A) REDUCE THE DEMAND FOR WATER; (B) IMPROVE EFFICIENCY  IN  WATER  USE;
(C)  REDUCE  LEAKAGE,  LOSSES  AND WASTE OF WATER; (D) IMPROVE REUSE AND
RECYCLING OF  WATER;  AND  (E)  IMPROVE  LAND  MANAGEMENT  PRACTICES  TO
CONSERVE WATER OR TO PRESERVE OR INCREASE GROUNDWATER RECHARGE.
  14.  "WATER  WITHDRAWAL  SYSTEM"  SHALL MEAN A PHYSICAL INTERCONNECTED
INFRASTRUCTURE OPERATED  AND  MAINTAINED  FOR  THE  PROVISION  OF  WATER
INCLUDING,  BUT  NOT  LIMITED TO, COLLECTION, PUMPING, TREATMENT, TRANS-
MISSION, STORAGE AND DISTRIBUTION FACILITIES USED IN CONNECTION WITH THE
WITHDRAWAL OF WATER.
  15. "WITHDRAWAL" OR "WITHDRAWAL OF WATER" SHALL MEAN  THE  REMOVAL  OR
TAKING OF WATER FOR ANY PURPOSE FROM THE WATERS OF THE STATE.
  S 3. Section 15-1503 of the environmental conservation law, as amended
by chapter 364 of the laws of 1988, is amended to read as follows:
S 15-1503. Permits.
  1.  A  permit application or request for a permit renewal or modifica-
tion shall be made on [forms provided] A FORM PRESCRIBED by the  depart-
ment  and shall [be accompanied by] CONTAIN ALL INFORMATION REQUESTED BY
THE DEPARTMENT RELATIVE TO THE  WATER  WITHDRAWAL,  USE  AND  DISCHARGE,
INCLUDING:
  A.  WITH  RESPECT  TO  A PUBLIC WATER SUPPLY SYSTEM, proof of adequate
authorization for the proposed project[,];

S. 6335                             5

  B. such exhibits as may be necessary clearly to indicate the scope  of
the proposed project[,];
  C. a map of any lands to be acquired [and];
  D. project plans[.  The application shall also indicate];
  E. A STATEMENT OF the need for and the reasons why the proposed source
or  sources  of supply were selected among the alternative sources which
are or may become available[,] AND the adequacy of the  supply  selected
[and the method proposed to determine and provide for the proper compen-
sation  for any direct and indirect legal damages to persons or property
that will result from the acquisition of any lands  in  connection  with
the  proposed project or from the execution of the proposed project. The
application shall also contain, in accordance with local water  resource
needs and conditions,]; AND
  F.  a  description  of  the applicant's near term and long range water
conservation program, including implementation  and  enforcement  proce-
dures,  effectiveness  to  date  and  any  planned modifications for the
future. [Such] FOR A PUBLIC WATER SUPPLY SYSTEM, THE WATER  CONSERVATION
program may include but [shall] NEED not be limited to:
  [a.]  I.  the identification of and cost effectiveness of distribution
system rehabilitation to correct sources of lost water;
  [b.] II. measures which encourage proper maintenance and water conser-
vation;
  [c.] III. a public information program to promote water  conservation,
including industrial and commercial recycling and reuse;
  [d.] IV. household conservation measures; and
  [e.] V. contingency measures for limiting water use during seasonal or
drought shortages. If the proposed project provides for the use of water
for  potable purposes, the application shall also include adequate proof
of the character and purity of the water supply to be acquired  or  used
and the proposed method of treatment.
  2.  In  making  its  decision  to grant or deny a permit or to grant a
permit with conditions, the department shall determine whether:
  A. the proposed [project is justified by the public necessity, whether
it] WATER WITHDRAWAL takes proper  consideration  of  other  sources  of
supply  that  are  or  may become available[, whether all work connected
with the project will be proper and construction safe, whether];
  B. the QUANTITY OF supply will be adequate[,  whether  there  will  be
proper  protection  of the supply and watershed or whether there will be
proper treatment of any additional supply, whether]   FOR  THE  PROPOSED
USE;
  C.  the [project is just and equitable] PROPOSED WITHDRAWAL MAY RESULT
IN SIGNIFICANT ADVERSE  IMPACTS  to  [all  affected]  PROXIMATE  munici-
palities  and their inhabitants [and in particular] with regard to their
present and future needs for sources of POTABLE water  supply[,  whether
there is provision for fair and equitable determinations of and payments
of  any  direct  and  indirect legal damages to persons or property that
will result from the acquisition of any lands  in  connection  with  the
proposed  project  or  from  the  execution of the proposed project, and
whether the applicant has developed and implemented a water conservation
program in accordance with local water resource  needs  and  conditions.
If  the proposed project is a multi-purpose project, in whole or in part
authorized by a general plan adopted and approved pursuant to  title  11
of  this  article,  the  department  in  addition shall determine if the
proposed project is in conformity with the general plan];

S. 6335                             6

  D. THE NEED FOR ALL OR PART OF THE PROPOSED WATER WITHDRAWAL CANNOT BE
REASONABLY AVOIDED THROUGH THE EFFICIENT USE AND CONSERVATION OF  EXIST-
ING WATER SUPPLIES;
  E.  THE  PROPOSED  WATER  WITHDRAWAL IS LIMITED TO QUANTITIES THAT ARE
CONSIDERED REASONABLE FOR THE  PURPOSES  FOR  WHICH  THE  WATER  USE  IS
PROPOSED;
  F.  THE  PROPOSED  WATER WITHDRAWAL WILL BE IMPLEMENTED IN A MANNER TO
ENSURE IT WILL RESULT IN NO SIGNIFICANT INDIVIDUAL OR CUMULATIVE ADVERSE
IMPACTS ON THE QUANTITY OR QUALITY OF THE WATER SOURCE AND WATER DEPEND-
ENT NATURAL RESOURCES;
  G. THE PROPOSED WATER WITHDRAWAL WILL BE IMPLEMENTED IN A MANNER  THAT
INCORPORATES WATER CONSERVATION PRACTICES AND MEASURES; AND
  H.  THE PROPOSED WATER WITHDRAWAL WILL BE IMPLEMENTED IN A MANNER THAT
IS CONSISTENT WITH APPLICABLE MUNICIPAL, STATE AND FEDERAL LAWS AS  WELL
AS REGIONAL INTERSTATE AND INTERNATIONAL AGREEMENTS.
  3.  In  order  to  assist  the development of local water conservation
plans FOR PUBLIC WATER SUPPLY SYSTEMS, the  department  shall[,  by  the
effective  date of this subdivision,] CONTINUE TO publish and distribute
a [model local water conservation plan] WATER CONSERVATION  MANUAL  that
includes  beneficial  near term and long range water conservation proce-
dures which reflect local water resource needs  and  conditions.    Such
plan shall include examples of:
  a.  methods  of  identifying and determining the cost effectiveness of
distribution system rehabilitation to correct sources of lost water;
  b. measures which encourage proper maintenance and water conservation;
  c. a public information program to promote water conservation, includ-
ing industrial and commercial recycling and reuse;
  d. household conservation measures; and
  e. contingency measures for limiting  water  use  during  seasonal  or
drought shortages.
  4.  The  department  may grant or deny a permit or grant a permit with
such conditions as may be necessary to provide  satisfactory  compliance
by  the  applicant  with the matters subject to department determination
pursuant to subdivision 2 of this section, or to bring into  cooperation
all  persons or public corporations that may be affected by the project,
but it shall make a reasonable effort to meet the needs  of  the  appli-
cant,  with due regard to the actual or prospective needs, interests and
rights of others that may be affected by the project.
  5. The rules and regulations adopted by the  department  to  implement
this  title  and  the provisions of article 70 of this chapter and rules
and regulations adopted thereunder  shall  govern  permit  applications,
renewals, modifications, suspensions and revocations under this title.
  6.  A  NEW  PERMIT  FOR A WATER WITHDRAWAL SYSTEM SHALL BE VALID FOR A
PERIOD OF TIME NOT TO EXCEED TEN YEARS FROM THE DATE OF  ISSUANCE,  UPON
WHICH  TIME A REQUEST FOR A RENEWAL MUST BE FILED WITH THE DEPARTMENT. A
RENEWAL SHALL BE VALID FOR A PERIOD OF TIME SPECIFIED BY THE  DEPARTMENT
NOT  TO  EXCEED  TEN  YEARS. A PERMIT APPLICATION MUST BE FILED WITH THE
DEPARTMENT UPON ANY TRANSFER OR CHANGE OF OWNERSHIP  OF  A  WATER  WITH-
DRAWAL SYSTEM.
  S 4. Section 15-1505 of the environmental conservation law, as amended
by chapter 233 of the laws of 1979, is amended to read as follows:
S 15-1505. [Water]  INTERBASIN  DIVERSIONS  AND  WATER  supply  to other
             states.
  1. No person or public corporation shall transport  or  carry  through
pipes,  conduits,  ditches or canals the waters of any fresh water lake,
pond, brook, river, stream, or creek in this state or any well,  subsur-

S. 6335                             7

face  or  percolating  waters of this state into any other state for use
therein without first obtaining a permit from the department pursuant to
this title.
  2. NO PERSON MAY MAKE A NEW OR INCREASED INTERBASIN DIVERSION OF WATER
WHICH RESULTS IN A DIVERSION IN EXCESS OF ONE MILLION GALLONS PER DAY AS
DETERMINED  BY THE LIMITING MAXIMUM CAPACITY OF THE TREATMENT OR CONVEY-
ANCE SYSTEM, OR CONSTRUCT FACILITIES OR EQUIPMENT THEREFOR,  UNTIL  SUCH
PERSON  HAS REGISTERED SUCH DIVERSION WITH THE DEPARTMENT. NO LATER THAN
ONE YEAR FROM THE EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  ALL  EXISTING
INTERBASIN  DIVERSIONS OF WATER IN EXCESS OF ONE MILLION GALLONS PER DAY
SHALL BE REGISTERED WITH THE DEPARTMENT.
  3. THE DEPARTMENT IS AUTHORIZED TO ASSESS AN ANNUAL  REGISTRATION  FEE
OF  TWO HUNDRED DOLLARS FOR ALL PERSONS REQUIRED TO REGISTER AN INTERBA-
SIN DIVERSION. SUCH FEE SHALL BE PAID AT THE  TIME  OF  REGISTRATION  OR
REGISTRATION  RENEWAL. ALL FEES COLLECTED PURSUANT TO THIS SECTION SHALL
BE PAID INTO THE ENVIRONMENTAL CONSERVATION SPECIAL REVENUE FUND TO  THE
CREDIT  OF  THE  ENVIRONMENTAL  REGULATORY ACCOUNT. THE REGISTRATION FEE
SHALL NOT BE APPLICABLE TO AN INTERBASIN DIVERSION WHICH IS  PART  OF  A
WATER  WITHDRAWAL  SYSTEM  FOR  WHICH THE DEPARTMENT HAS ISSUED A PERMIT
UNDER THIS TITLE.  REGISTRATION SHALL BE RENEWED EVERY YEAR OR  WHENEVER
TITLE  TO  THE FACILITIES WHICH CREATE AN INTERBASIN DIVERSION IS TRANS-
FERRED, WHICHEVER OCCURS FIRST. REGISTRATION  SHALL  BE  MADE  ON  FORMS
PRESCRIBED BY THE DEPARTMENT AND SHALL CONTAIN ALL INFORMATION REQUESTED
BY  THE  DEPARTMENT RELATIVE TO THE WATER WITHDRAWAL, USE AND DISCHARGE.
EACH PERSON WHO IS REQUIRED UNDER THIS SECTION TO  HOLD  A  REGISTRATION
SHALL  ANNUALLY,  ON  A  FORM  PRESCRIBED  BY THE DEPARTMENT, REPORT ALL
INFORMATION REQUESTED BY THE DEPARTMENT, INCLUDING THE AMOUNT  OF  WATER
DIVERTED.
  4. NO PERSON SHALL BE AUTHORIZED TO MAKE A NEW OR INCREASED INTERBASIN
DIVERSION  WHICH  RESULTS  IN  A SIGNIFICANT ADVERSE IMPACT ON THE WATER
QUANTITY OF THE SOURCE SUBREGIONAL DRAINAGE BASIN.
  S 5. Section 15-1521 of the environmental conservation law, as amended
by chapter 233 of the laws of 1979, is amended to read as follows:
S 15-1521. Supply of water to other public water supply systems.
  On any application for a new or additional WITHDRAWAL OF WATER  FOR  A
PUBLIC  water  supply  [or  source  of water supply], the department may
require or authorize [any] THE applicant  to  make  provisions  for  the
supply  and  to  supply  PUBLIC  water to any area of the state which as
determined by the department in its decision on that application proper-
ly should be supplied with PUBLIC water from the source  or  sources  of
water  supply  sought  by  the  applicant.  The owner or operator of any
existing or proposed [water works] PUBLIC  WATER  SUPPLY  system  within
such  area  may  apply to the department for a permit to take water from
that source of water supply or from any part of the PUBLIC water  supply
system  of  the applicant supplied in whole or in part from that source.
If the department so requires, or if it grants a permit, it shall be the
duty of the applicant so to supply water, subject to  such  requirements
as the department may impose. The amount of water so to be taken and the
price  to  be paid therefor may be agreed upon between the applicant and
the taker of the water, or if they cannot  agree,  fair  and  reasonable
amounts  and  rates  shall  be, after due hearings thereon, fixed by the
department, provided however, that such department shall have  no  power
to  fix  rates  in any case where the Public Service Commission has such
power, and provided further, that  nothing  in  this  section  contained
shall  be  construed  as  diminishing  the powers of said Public Service
Commission in respect to rates of water works companies subject  to  its

S. 6335                             8

jurisdiction.  Any such agreement or determination of the department may
from time to time be modified by further agreement between  the  parties
affected thereby or by the further order of the department.
  S  6. Section 15-1529 of the environmental conservation law is amended
to read as follows:
S 15-1529. [Final approval of work] APPROVAL OF  COMPLETED  WATER  WITH-
             DRAWAL SYSTEMS.
  [Before  any  project  authorized to be developed or carried out under
this title 15 shall be  operated,  it  must,  as  completed,  have  been
approved  by  the  department]  THE  CONSTRUCTION OF ANY NEW OR MODIFIED
WATER WITHDRAWAL SYSTEM AUTHORIZED UNDER THIS TITLE SHALL BE  UNDER  THE
GENERAL  SUPERVISION  OF  A  PERSON OR FIRM LICENSED TO PRACTICE PROFES-
SIONAL ENGINEERING IN THE STATE. UPON COMPLETION OF  CONSTRUCTION,  SUCH
PERSON  OR  FIRM  SHALL CERTIFY TO THE DEPARTMENT AND THE OWNER THAT THE
WATER WITHDRAWAL SYSTEM HAS BEEN FULLY COMPLETED IN ACCORDANCE WITH  THE
APPROVED  ENGINEERING  REPORT,  PLANS AND SPECIFICATIONS, AND THE PERMIT
ISSUED BY THE DEPARTMENT PURSUANT TO THIS TITLE.  THE  OWNER  SHALL  NOT
COMMENCE  OPERATION OF THE NEW OR MODIFIED WATER WITHDRAWAL SYSTEM PRIOR
TO THE DEPARTMENT RECEIVING SUCH CERTIFICATE  AND  BEFORE  APPROVAL,  IF
NECESSARY, BY THE DEPARTMENT OF HEALTH OR ITS DESIGNEE.
  S  7.  The  environmental  conservation law is amended by adding a new
section 15-1531 to read as follows:
S 15-1531. REPORTING.
  THE COMMISSIONER SHALL, WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS
SECTION, AND THEREAFTER AS OFTEN AS THE COMMISSIONER DEEMS  APPROPRIATE,
REPORT TO THE GOVERNOR AND THE LEGISLATURE ON THE IMPLEMENTATION OF THIS
TITLE. THE REPORT MAY INCLUDE BUT NEED NOT BE LIMITED TO RECOMMENDATIONS
FOR  MODIFICATIONS TO THIS TITLE, INCLUDING BUT NOT LIMITED TO MODIFICA-
TIONS TO THE THRESHOLD VOLUME PROVIDED  IN  THIS  TITLE  FOR  PARTICULAR
WATER SOURCES, WATERSHEDS, WATER BODIES OR REGIONS, WHERE THE DEPARTMENT
HAS  DETERMINED  THAT  SUCH  WATER  SOURCES, WATERSHEDS, WATER BODIES OR
REGIONS ARE IN NEED OF SPECIAL  PROTECTION  BECAUSE  OF  THE  NATURE  OR
VOLUME  OF  DEMANDS  MADE  UPON  THEM AND A MODIFICATION IS NECESSARY TO
PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE.
  S 8. Title 33 of article 15 of the environmental conservation  law  is
REPEALED.
  S  9.  Subdivision 1 of section 71-1127 of the environmental conserva-
tion law, as amended by chapter 640 of the laws of 1977, is  amended  to
read as follows:
  1.  Any  person who violates any of the provisions of, or who fails to
perform any duty imposed by article 15 except section  15-1713,  or  who
violates or who fails to comply with any rule, regulation, determination
or  order of the department heretofore or hereafter promulgated pursuant
to article 15 except section 15-1713,  or  any  condition  of  a  permit
issued  pursuant  to article 15 of this chapter, or any determination or
order of the former water resources commission  or  the  [Department  of
Environmental  Conservation]  DEPARTMENT heretofore promulgated pursuant
to former article 5 of the Conservation Law, shall be liable for a civil
penalty of not more than TWO THOUSAND  five  hundred  dollars  for  such
violation  and  an  additional civil penalty of not more than [one] FIVE
hundred dollars for each day during which such violation continues, and,
in addition thereto, such person may be enjoined  from  continuing  such
violation as otherwise provided in article 15 except section 15-1713.
  S  10.  Article 72 of the environmental conservation law is amended by
adding a new title 8 to read as follows:

S. 6335                             9

                                 TITLE 8
                    WATER SUPPLY PERMIT PROGRAM FEES
SECTION 72-0801. DEFINITIONS.
        72-0803. WATER SUPPLY PERMIT PROGRAM FEES.
S 72-0801. DEFINITIONS.
  WHEN USED IN THIS TITLE:
  1.  "AGRICULTURAL  PURPOSE"  SHALL  MEAN  THE  PRACTICE OF FARMING FOR
CROPS, PLANTS, VINES AND TREES; AND THE KEEPING, GRAZING, OR FEEDING  OF
LIVESTOCK FOR SALE OF LIVESTOCK OR LIVESTOCK PRODUCTS.
  2.  "PUBLIC  WATER  SUPPLY  PURPOSE"  SHALL MEAN WATER USE BY A PUBLIC
WATER SUPPLY SYSTEM.
  3. "WATER SUPPLY PERMIT PROGRAM" MEANS THOSE ACTIVITIES OF THE DEPART-
MENT AS SPECIFIED IN TITLE FIFTEEN OF ARTICLE FIFTEEN  OF  THIS  CHAPTER
RELATED  TO  THE  WITHDRAWAL  OF  WATERS  OF  THE  STATE AND ANY RELATED
ENFORCEMENT ACTIVITIES.
S 72-0803. WATER SUPPLY PERMIT PROGRAM FEES.
  1. EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, ALL PERSONS,  EXCEPT  A
POLITICAL SUBDIVISION OF THE STATE, OR AN AGENCY, DEPARTMENT, BUREAU, OR
PUBLIC  AUTHORITY  OF THE STATE, REQUIRED TO OBTAIN A PERMIT PURSUANT TO
THE WATER SUPPLY PERMIT PROGRAM SHALL SUBMIT ANNUALLY TO THE  DEPARTMENT
A  FEE,  FOR EACH WATER WITHDRAWAL SYSTEM, IN AN AMOUNT TO BE DETERMINED
AS FOLLOWS:
  A. FIFTY DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY OF LESS
THAN ONE MILLION GALLONS PER DAY, USED  PRIMARILY  FOR  AGRICULTURAL  OR
PUBLIC WATER SUPPLY PURPOSES;
  B.  ONE HUNDRED TWENTY-FIVE DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH
A CAPACITY OF BETWEEN ONE MILLION AND NINE MILLION NINE HUNDRED  NINETY-
NINE  THOUSAND  NINE HUNDRED NINETY-NINE GALLONS PER DAY, USED PRIMARILY
FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES;
  C. TWO HUNDRED FIFTY DOLLARS FOR A  WATER  WITHDRAWAL  SYSTEM  WITH  A
CAPACITY  OF  TEN  MILLION  GALLONS  PER DAY OR MORE, USED PRIMARILY FOR
AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES;
  D. ONE HUNDRED DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH  A  CAPACITY
OF LESS THAN ONE MILLION GALLONS PER DAY, FOR ANY AND ALL USES WHICH ARE
NOT PRIMARILY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES;
  E.  TWO  HUNDRED  FIFTY  DOLLARS  FOR A WATER WITHDRAWAL SYSTEM WITH A
CAPACITY  OF  BETWEEN  ONE  MILLION  AND  NINE  MILLION   NINE   HUNDRED
NINETY-NINE  THOUSAND  NINE HUNDRED NINETY-NINE GALLONS PER DAY, FOR ANY
AND ALL USES WHICH ARE NOT PRIMARILY FOR AGRICULTURAL  OR  PUBLIC  WATER
SUPPLY PURPOSES;
  F.  FIVE HUNDRED DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY
OF BETWEEN TEN MILLION AND FORTY-NINE MILLION NINE  HUNDRED  NINETY-NINE
THOUSAND  NINE HUNDRED NINETY-NINE GALLONS PER DAY, FOR ANY AND ALL USES
WHICH  ARE  NOT  PRIMARILY  FOR  AGRICULTURAL  OR  PUBLIC  WATER  SUPPLY
PURPOSES;
  G.  ONE THOUSAND DOLLARS FOR A WATER WITHDRAWAL SYSTEM WITH A CAPACITY
OF FIFTY MILLION GALLONS PER DAY OR MORE, FOR ANY AND ALL USES WHICH ARE
NOT PRIMARILY FOR AGRICULTURAL OR PUBLIC WATER SUPPLY PURPOSES.
  2. FOR THE PURPOSE OF DETERMINING  THE  APPROPRIATE  FEE  REQUIRED  BY
SUBDIVISION  ONE  OF  THIS  SECTION, THE AMOUNT OF RECLAIMED WASTEWATER,
WHICH A PERSON WITHDRAWS FOR REUSE, SHALL NOT BE INCLUDED IN  THE  TOTAL
CAPACITY OF THE WATER WITHDRAWAL.
  S  11.  This act shall take effect immediately; provided, however that
section eight of this act shall take effect December 31, 2012.

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Senate Bill S6335

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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Sponsored By

Antoine M. Thompson

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2009-S6335 (ACTIVE) - Details

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