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

                                 8280--A
    Cal. No. 1174

                            I N  S E N A T E

                              June 19, 2010
                               ___________

Introduced  by  Sens. THOMPSON, OPPENHEIMER, SCHNEIDERMAN -- (at request
  of the Governor) -- read twice and ordered printed, and  when  printed
  to  be committed to the Committee on Rules -- ordered to a third read-
  ing, amended and ordered reprinted, retaining its place in  the  order
  of third reading

AN ACT to amend the environmental conservation law, in relation to regu-
  lating the use of the state's water resources; and to repeal titles 16
  and 33 of article 15 of such law relating to Great Lakes water conser-
  vation and management and 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]   WATER
             WITHDRAWALS; 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 AN
EXISTING OR NEW SOURCE or an [additional] INCREASED water [supply] WITH-
DRAWAL from an existing [approved] PERMITTED 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.
                                                           LBD12079-11-0

S. 8280--A                          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] ANY NEW WATER SERVICE AREA OR EXTENSION THAT has not
[heretofore legally supplied water] BEEN APPROVED BY THE DEPARTMENT OR A
PREDECESSOR COMMISSION; 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  VALID PUBLIC WATER SUPPLY PERMITS AND APPROVALS
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  WITHDRAWALS  FROM  A
SOURCE  AND  IN  AN AMOUNT AUTHORIZED BY SUCH PERMIT OR APPROVAL.  UNTIL
THE DEPARTMENT PROMULGATES REGULATIONS PURSUANT TO SUBDIVISION  FOUR  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.

S. 8280--A                          3

  3.    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] of the State Sani-
tary  Code[, as] APPLICABLE TO DRINKING WATER SUPPLIES, INCLUDING PUBLIC
WATER SYSTEMS, 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 1, 2011, AS MAY BE 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 AS MAY BE REQUIRED BY
THE STATE SANITARY CODE.
  4. 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 WHICH  SHALL
ESTABLISH:   (A) MINIMUM STANDARDS FOR OPERATION AND NEW CONSTRUCTION OF
WATER WITHDRAWAL SYSTEMS; (B) MONITORING,  REPORTING  AND  RECORDKEEPING
REQUIREMENTS;  AND  (C)  PROTECTIONS  FOR  PRESENT  AND FUTURE NEEDS FOR
SOURCES OF POTABLE WATER SUPPLY.  SUCH REGULATIONS MAY ESTABLISH QUANTI-
TATIVE STANDARDS THAT MAINTAIN STREAM FLOWS PROTECTIVE OF AQUATIC  LIFE,
CONSISTENT  WITH  THE  POLICY  OBJECTIVES  OF THIS ARTICLE AND 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 MANAGEMENT OF  THE  WATERS  OF  THE
STATE.    THE  REGULATIONS  MAY  ESTABLISH  EXEMPTIONS  FROM  PERMITTING
REQUIREMENTS IN ADDITION TO THOSE EXEMPTIONS SPECIFIED IN THIS SECTION.
  5. 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.
  6.  EACH  PERSON WHO IS REQUIRED UNDER THIS SECTION TO OBTAIN A PERMIT
SHALL ANNUALLY, ON A FORM  PRESCRIBED  BY  THE  DEPARTMENT,  REPORT  ALL
INFORMATION  REQUESTED  BY  THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO
WATER USAGE  AND  WATER  CONSERVATION  MEASURES  UNDERTAKEN  DURING  THE
REPORTING  PERIOD.  INFORMATION  ON  WATER  USAGE AND WATER CONSERVATION
MEASURES SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE.
  7. 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 THAT HAVE
RECEIVED AN APPROVAL FROM A COMPACT BASIN COMMISSION WHICH ADMINISTERS A
PROGRAM GOVERNING WATER WITHDRAWALS; (C) CLOSED LOOP,  STANDING  COLUMN,
OR  SIMILAR  NON-EXTRACTIVE  GEOTHERMAL  HEAT PUMPS; (D) WITHDRAWALS FOR
WHICH A PERMIT HAS BEEN ISSUED PURSUANT TO THE REQUIREMENTS  OF  SECTION
15-1527  OF  THIS  TITLE;  (E)  EXISTING  WITHDRAWALS  FOR  AGRICULTURAL
PURPOSES PROVIDED THE WITHDRAWAL HAS BEEN REGISTERED WITH THE DEPARTMENT
PURSUANT TO THE  REQUIREMENTS  OF  TITLE  SIXTEEN  OF  THIS  ARTICLE  OR

S. 8280--A                          4

REPORTED  TO  THE DEPARTMENT PURSUANT TO THE REQUIREMENTS OF TITLE THIR-
TY-THREE OF THIS ARTICLE ON OR BEFORE APRIL FIRST, TWO THOUSAND  ELEVEN;
AND (F) WITHDRAWALS AT REMEDIATION SITES CONDUCTED PURSUANT TO A FEDERAL
OR  STATE COURT ORDER OR FEDERAL OR STATE GOVERNMENT AGENCY AGREEMENT OR
ORDER.
  8. THE DEPARTMENT SHALL ESTABLISH A WATER CONSERVATION AND  EFFICIENCY
PROGRAM  WITH  THE  GOALS  OF (A) ENSURING IMPROVEMENT OF THE WATERS AND
WATER DEPENDENT NATURAL RESOURCES,  (B)  PROTECTING  AND  RESTORING  THE
HYDROLOGIC  AND  ECOSYSTEM INTEGRITY OF WATERSHEDS THROUGHOUT THE STATE,
(C) RETAINING THE QUANTITY OF  SURFACE  WATER  AND  GROUNDWATER  IN  THE
STATE,  (D)  ENSURING SUSTAINABLE USE OF STATE WATERS, AND (E) PROMOTING
THE EFFICIENCY OF USE AND REDUCING LOSSES AND WASTE OF WATER.
  9. THE DEPARTMENT SHALL ISSUE AN INITIAL PERMIT, SUBJECT TO  APPROPRI-
ATE  TERMS  AND CONDITIONS AS REQUIRED UNDER THIS ARTICLE, TO ANY PERSON
NOT EXEMPT FROM THE PERMITTING REQUIREMENTS OF  THIS  SECTION,  FOR  THE
MAXIMUM WATER WITHDRAWAL CAPACITY REPORTED TO THE DEPARTMENT PURSUANT TO
THE  REQUIREMENTS OF TITLE SIXTEEN OR TITLE THIRTY-THREE OF THIS ARTICLE
ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEVEN.
  S 2. Section 15-1502 of the environmental conservation law is  amended
by adding ten new subdivisions 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 to
read as follows:
  7.  "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, AND THE ON-FARM
PROCESSING OF CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS.
  8.  "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.
  9. "ENVIRONMENTALLY SOUND AND ECONOMICALLY FEASIBLE WATER CONSERVATION
MEASURES"  SHALL MEAN THOSE MEASURES, METHODS, TECHNOLOGIES OR PRACTICES
FOR EFFICIENT WATER USE AND FOR REDUCTION OF WATER LOSS AND WASTE OR FOR
REDUCING A WITHDRAWAL, CONSUMPTIVE USE OR DIVERSION THAT: (I) ARE  ENVI-
RONMENTALLY  SOUND;  (II) REFLECT BEST PRACTICES APPLICABLE TO THE WATER
USE SECTOR; (III) ARE  TECHNICALLY  FEASIBLE  AND  AVAILABLE;  (IV)  ARE
ECONOMICALLY  FEASIBLE  AND  COST  EFFECTIVE  BASED  ON AN ANALYSIS THAT
CONSIDERS DIRECT AND AVOIDED ECONOMIC AND ENVIRONMENTAL COSTS;  AND  (V)
CONSIDER  THE  PARTICULAR FACILITIES AND PROCESSES INVOLVED, TAKING INTO
ACCOUNT THE  ENVIRONMENTAL  IMPACT,  AGE  OF  EQUIPMENT  AND  FACILITIES
INVOLVED,  THE  PROCESSES EMPLOYED, ENERGY IMPACTS AND OTHER APPROPRIATE
FACTORS.
  10. "INTERBASIN DIVERSION" SHALL MEAN THE TRANSFER OF WATER OR  WASTE-
WATER FROM ONE NEW YORK MAJOR DRAINAGE BASIN TO ANOTHER DRAINAGE BASIN.
  11. "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.
  12. "POTABLE WATER" SHALL MEAN WATER INTENDED  FOR  HUMAN  CONSUMPTION
THAT  MEETS  THE  REQUIREMENTS FOR A PUBLIC WATER SYSTEM AS SET FORTH IN
THE STATE SANITARY CODE.
  13. "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 POTABLE WATER TO THE

S. 8280--A                          5

PUBLIC FOR POTABLE PURPOSES, IF SUCH SYSTEM HAS AT  LEAST  FIVE  SERVICE
CONNECTIONS USED BY YEAR-ROUND RESIDENTS.
  14.  "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;  PROVIDED  THAT  FOR  AGRICULTURAL  PURPOSES THE THRESHOLD
VOLUME SHALL MEAN A WITHDRAWAL OF WATER OF A  VOLUME  IN  EXCESS  OF  AN
AVERAGE OF ONE HUNDRED THOUSAND GALLONS PER DAY IN ANY CONSECUTIVE THIR-
TY-DAY PERIOD.
  15.  "WATER WITHDRAWAL SYSTEM" SHALL MEAN ANY EQUIPMENT OR INFRASTRUC-
TURE OPERATED OR MAINTAINED FOR THE PROVISION  OR  WITHDRAWAL  OF  WATER
INCLUDING, BUT NOT LIMITED TO, COLLECTION, PUMPING, TREATMENT, TRANSPOR-
TATION, TRANSMISSION, STORAGE, AND DISTRIBUTION.
  16.  "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] PRESCRIBED by the department and
shall [be accompanied by]  CONTAIN  ALL  INFORMATION  REQUESTED  BY  THE
DEPARTMENT  RELATIVE  TO  THE  WITHDRAWAL,  USE  AND DISCHARGE OF WATER,
INCLUDING:
  A. WITH RESPECT TO A PUBLIC WATER SUPPLY  SYSTEM,  proof  of  adequate
authorization for the proposed project[,];
  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 PROPOSED near term and long  range
water  conservation  program THAT INCORPORATES ENVIRONMENTALLY SOUND AND
ECONOMICALLY FEASIBLE WATER CONSERVATION MEASURES, including implementa-
tion and enforcement procedures, 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

S. 8280--A                          6

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 to all affected municipalities
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 author-
ized 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];
  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  ENVIRONMENTALLY  SOUND  AND  ECONOMICALLY  FEASIBLE  WATER
CONSERVATION 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] PROGRAMS 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 conserva-
tion procedures which reflect local water resource needs and conditions.
Such [plan] MANUAL 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.

S. 8280--A                          7

  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
applicant, 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 NEW PERMIT OR  PERMIT  MODIFICATION  MUST  BE
OBTAINED  FROM  THE DEPARTMENT PRIOR TO ANY TRANSFER OR CHANGE OF OWNER-
SHIP OF A WATER WITHDRAWAL SYSTEM.
  S 4. The environmental conservation law is amended  by  adding  a  new
section 15-1504 to read as follows:
S 15-1504. WATER WITHDRAWALS FOR AGRICULTURAL PURPOSES.
  1. APPLICABILITY.
  A.  THIS  SECTION  APPLIES  TO  WITHDRAWALS  OF WATER FOR AGRICULTURAL
PURPOSES THAT HAVE BEEN REGISTERED WITH THE DEPARTMENT PURSUANT  TO  THE
REQUIREMENTS OF TITLE SIXTEEN OF THIS ARTICLE OR REPORTED TO THE DEPART-
MENT  PURSUANT TO THE REQUIREMENTS OF TITLE THIRTY-THREE OF THIS ARTICLE
ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEVEN.
  B. ALL PERSONS MAKING A WITHDRAWAL OF WATER FOR AGRICULTURAL  PURPOSES
SHALL ANNUALLY REGISTER OR REPORT THE WITHDRAWAL TO THE DEPARTMENT UNDER
THE PROVISIONS OF THIS SECTION BY MARCH THIRTY-FIRST OF EACH YEAR.
  2. WHEN USED IN THIS SECTION:
  A. "GREAT LAKES BASIN" SHALL MEAN THE WATERSHED OF THE GREAT LAKES AND
THE ST. LAWRENCE RIVER, UPSTREAM FROM TROIS-RIVIERES, QUEBEC, CONSISTING
IN  NEW  YORK  STATE  OF THE LAKE ERIE-NIAGARA RIVER, LAKE ONTARIO MINOR
TRIBUTARIES, GENESEE RIVER, SENECA-ONEIDA-OSWEGO RIVER, BLACK RIVER, ST.
LAWRENCE RIVER AND LAKE CHAMPLAIN DRAINAGE BASINS.
  B.  "GREAT  LAKES  WATER"  SHALL  MEAN  THE  WATER  CONTAINED  IN  THE
WATERSHED, INCLUDING THE LAKES AND RIVERS, OF THE GREAT LAKES BASIN.
  3. REGISTRATION OF WATER WITHDRAWALS IN THE GREAT LAKES BASIN.
  A. ALL PERSONS WITHDRAWING GREAT LAKES WATER FOR AGRICULTURAL PURPOSES
IN  EXCESS  OF AN AVERAGE OF ONE HUNDRED THOUSAND GALLONS PER DAY IN ANY
CONSECUTIVE THIRTY-DAY PERIOD SHALL ANNUALLY  REGISTER  SUCH  WITHDRAWAL
WITH THE DEPARTMENT.
  B.  EACH  REGISTRATION SHALL BE ON A FORM AND CONTAIN SUCH INFORMATION
AS MAY BE PRESCRIBED BY THE DEPARTMENT AND CONSIST OF A STATEMENT OF AND
SUPPORTING DOCUMENTATION WHICH SHALL INCLUDE BUT NOT BE LIMITED  TO  THE
FOLLOWING:
  (1) THE PLACE AND SOURCE OF THE PROPOSED OR EXISTING WITHDRAWAL;
  (2) THE LOCATION OF ANY DISCHARGE OR RETURN FLOW;
  (3) THE LOCATION AND NATURE OF THE PROPOSED OR EXISTING WATER USE;
  (4)  THE  ACTUAL  OR  ESTIMATED AVERAGE ANNUAL AND MONTHLY VOLUMES AND
RATES OF WITHDRAWAL; AND
  (5) THE ACTUAL OR ESTIMATED AVERAGE ANNUAL  AND  MONTHLY  VOLUMES  AND
RATES OF WATER LOSS FROM THE WITHDRAWAL.

S. 8280--A                          8

  C.  IN  CALCULATING  THE TOTAL AMOUNT OF AN EXISTING OR PROPOSED WITH-
DRAWAL FOR THE PURPOSE OF DETERMINING THE APPLICABILITY OF THIS SUBDIVI-
SION, A PERSON SHALL COMBINE ALL SEPARATE WITHDRAWALS WHICH  THE  PERSON
MAKES  OR  PROPOSES  TO  MAKE, WHETHER OR NOT SUCH WITHDRAWALS ARE FOR A
SINGLE AGRICULTURAL PURPOSE OR ARE FOR RELATED BUT SEPARATE AGRICULTURAL
PURPOSES.
  D. REGISTRATIONS SHALL BE VALID FOR A PERIOD OF ONE YEAR.
  E.  A REGISTRATION MAY BE TRANSFERRED BY SUBMITTING A NOTICE OF TRANS-
FER TO THE DEPARTMENT PRIOR TO THE DATE  OF  A  TRANSFER  OR  CHANGE  OF
OWNERSHIP  OF  A  WATER  WITHDRAWAL  SYSTEM ASSOCIATED WITH A REGISTERED
WITHDRAWAL.
  F. THE DEPARTMENT MAY COOPERATE WITH STATE SOIL AND WATER CONSERVATION
DISTRICTS FOR THE PREPARATION AND DISTRIBUTION OF INFORMATIONAL  MATERI-
ALS  TO  PERSONS WHO WITHDRAW WATER FOR AGRICULTURAL PURPOSES, REGARDING
THE PURPOSES, BENEFITS AND REQUIREMENTS OF THIS SECTION, AND  WHICH  MAY
ALSO  PROVIDE INFORMATION ON COMPLYING WITH THE REGISTRATION PROGRAM AND
ON ANY GENERAL OR APPLICABLE METHODS FOR CALCULATING OR ESTIMATING WATER
WITHDRAWALS OR WATER LOSS.
  4. WATER WITHDRAWAL REPORTING.
  A. ANY PERSON WHO WITHDRAWS WATER FOR AGRICULTURAL PURPOSES IN  EXCESS
OF AN AVERAGE OF ONE HUNDRED THOUSAND GALLONS PER DAY IN ANY CONSECUTIVE
THIRTY-DAY  PERIOD  SHALL  ANNUALLY REPORT TO THE DEPARTMENT. 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:
  (1)  THE WATER SOURCE, THE LOCATION OF THE WATER SOURCE AND THE SOURCE
CAPACITY IF KNOWN;
  (2) THE AMOUNT OF WATER WITHDRAWN FOR THE REPORTING PERIOD,  INCLUDING
THE  AVERAGE  OR PEAK WITHDRAWALS FOR INTERVALS SPECIFIED BY THE DEPART-
MENT;
  (3) A DESCRIPTION OF THE USE OF THE WATER WITHDRAWN; AND
  (4) ESTIMATED AMOUNTS OF WATER TO BE RETURNED, IF ANY,  THE  LOCATIONS
OF SUCH RETURNS AND THE METHOD OF SUCH RETURNS.
  B.  THE  FOLLOWING  WATER  WITHDRAWALS  ARE  EXEMPT FROM THE REPORTING
REQUIREMENTS OF THIS SUBDIVISION:
  (1) A WITHDRAWAL REGISTERED  WITH  THE  DEPARTMENT  UNDER  SUBDIVISION
THREE OF THIS SECTION;
  (2) A WITHDRAWAL PERMITTED PURSUANT TO SECTION 15-1501 OF THIS TITLE;
  (3)  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 COMMISSION AND THE
DELAWARE RIVER BASIN COMMISSION;
  (4) A WITHDRAWAL PERMITTED UNDER SECTION 15-1527 OF THIS TITLE;
  (5) CLOSED LOOP, STANDING COLUMN, OR SIMILAR NON-EXTRACTIVE GEOTHERMAL
HEAT PUMPS; AND
  (6) RECLAIMED WASTEWATER WITHDRAWN FOR REUSE.
  5. WITHDRAWALS  OF  WATER  FOR  AGRICULTURAL  PURPOSES  REGISTERED  OR
REPORTED  TO THE DEPARTMENT UNDER THE REQUIREMENTS OF THIS SECTION SHALL
BE DEEMED TO BE IN COMPLIANCE WITH THE REQUIREMENTS OF TITLE SIXTEEN AND
TITLE THIRTY-THREE OF THIS ARTICLE, AS APPLICABLE.
  S 5. 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,

S. 8280--A                          9

pond,  brook, river, stream, or creek in this state or any well, subsur-
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 SHALL MAKE A NEW OR INCREASED INTERBASIN DIVERSION 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 THE DIVERSION WITH THE DEPARTMENT. NO LATER THAN
APRIL FIRST, TWO THOUSAND TWELVE, ALL EXISTING INTERBASIN DIVERSIONS  IN
EXCESS  OF  ONE  MILLION  GALLONS PER DAY, AS DETERMINED BY THE LIMITING
MAXIMUM CAPACITY OF THE TREATMENT OR CONVEYANCE SYSTEM, SHALL BE  REGIS-
TERED WITH THE DEPARTMENT.
  3.  REGISTRATION  IS NOT REQUIRED FOR AN INTERBASIN DIVERSION WHICH IS
PART OF A WATER WITHDRAWAL SYSTEM FOR WHICH THE DEPARTMENT HAS ISSUED  A
PERMIT  UNDER  THIS  TITLE,  OR  WHICH  IS  OPERATING PURSUANT TO A DULY
AUTHORIZED PERMIT ISSUED BY THE DEPARTMENT OR ITS PREDECESSORS.
  4. REGISTRATION SHALL BE RENEWED EVERY YEAR OR WHENEVER  OWNERSHIP  OF
THE  FACILITIES  WHICH  CREATE  AN  INTERBASIN DIVERSION IS TRANSFERRED,
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 REGISTER SHALL ANNUALLY, ON
A FORM PRESCRIBED BY THE DEPARTMENT, REPORT ALL INFORMATION REQUESTED BY
THE  DEPARTMENT,  INCLUDING THE AMOUNT OF WATER DIVERTED. INFORMATION ON
INTERBASIN DIVERSIONS SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE.
  5. NO PERSON SHALL MAKE A NEW OR INCREASED INTERBASIN DIVERSION  WHICH
RESULTS  IN  A  SIGNIFICANT  ADVERSE IMPACT ON THE WATER QUANTITY OF THE
SOURCE NEW YORK MAJOR DRAINAGE BASIN.
  6. DIVERSIONS FROM  THE  GREAT  LAKES-ST.  LAWRENCE  RIVER  BASIN  ARE
PROHIBITED  BY  THE GREAT LAKES-ST. LAWRENCE RIVER BASIN WATER RESOURCES
COMPACT, AS ENACTED IN TITLE TEN OF ARTICLE TWENTY-ONE OF THIS  CHAPTER.
LIMITED  EXCEPTIONS FOR PUBLIC WATER SUPPLY SYSTEMS WILL ONLY BE CONSID-
ERED WHEN IN COMPLIANCE WITH THAT COMPACT.
  S 6. 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] INCREASED  WITHDRAWAL  OF
WATER  FOR A PUBLIC water supply [or source of water supply] SYSTEM, the
department  may  require  or  authorize  [any]  THE  applicant  to  make
provisions  for  the supply and to supply water to any area of the state
which as determined by the department in its decision on  that  applica-
tion  properly  should be supplied with 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 PRICE TO BE PAID  FOR  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  hear-
ings  thereon,  fixed  by  the  [department, provided however, that such
department shall have no power to fix rates in any case where the Public

S. 8280--A                         10

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 compa-
nies  subject  to its jurisdiction] PUBLIC SERVICE COMMISSION.  Any such
agreement or determination of the [department] PUBLIC SERVICE COMMISSION
may from time to time be  modified  by  further  agreement  between  the
parties  affected  thereby  or  by the further order of the [department]
COMMISSION.
  S 7. 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 THAT THE WATER WITHDRAWAL
SYSTEM HAS BEEN FULLY COMPLETED IN ACCORDANCE WITH  THE  APPROVED  ENGI-
NEERING  REPORT,  PLANS AND SPECIFICATIONS, AND THE PERMIT ISSUED BY THE
DEPARTMENT PURSUANT TO THIS TITLE. THE OWNER SHALL NOT  COMMENCE  OPERA-
TION OF THE NEW OR MODIFIED WATER WITHDRAWAL SYSTEM PRIOR TO THE DEPART-
MENT  RECEIVING  SUCH CERTIFICATE AND PRIOR TO APPROVAL OF THE SYSTEM BY
THE DEPARTMENT OF HEALTH OR ITS DESIGNEE AS MAY BE REQUIRED BY THE STATE
SANITARY CODE.
  S 8. Title 16 of article 15 of the environmental conservation  law  is
REPEALED.
  S  9.  Title 33 of article 15 of the environmental conservation law is
REPEALED.
  S 10. 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 11. This act shall take effect April 1, 2011; provided, however that
section four of this act shall take effect  immediately;  and  provided,
further  that  sections  eight  and  nine  of this act shall take effect
December 31, 2013.