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

                                  3798

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 4, 2011
                               ___________

Introduced by Sen. GRISANTI -- (at request of the Department of Environ-
  mental  Conservation)  --  read  twice  and  ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09860-01-1

              

S. 3798                             2

or additional sources of PUBLIC water supply [or for the utilization  of
such supplies]; [or]
  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]
  E.  TO MAKE A SIGNIFICANT CHANGE IN THE PRINCIPAL  USE  OF  THE  WATER
WITHDRAWAL  SYSTEM FROM THAT SPECIFIED IN THE PERMIT, OR PERMIT APPLICA-
TION.
  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 FOR THE PURPOSE OF  SATISFYING  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

S. 3798                             3

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.
  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 AND BOTTLED WATER FACILITIES, 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  modifica-
tion of a public water supply system which will or may affect the quali-
ty 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 char-
acter which require  a  permit  from  the  Department  of  Environmental
Conservation under the provisions of this article] FEBRUARY 15, 2012, 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 MODIFICA-
TION 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, IN CONSUL-
TATION  WITH  THE  DEPARTMENT  OF  HEALTH,  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  REGU-
LATIONS  MAY  ESTABLISH EXEMPTIONS FROM PERMITTING REQUIREMENTS IN ADDI-
TION 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,

S. 3798                             4

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
REPORTED TO THE DEPARTMENT PURSUANT TO THE REQUIREMENTS OF  TITLE  THIR-
TY-THREE  OF  THIS ARTICLE ON OR BEFORE FEBRUARY FIFTEENTH, TWO THOUSAND
TWELVE; 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 FEBRUARY FIFTEENTH, TWO THOUSAND TWELVE.
  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.

S. 3798                             5

  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
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

S. 3798                             6

  [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 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;

S. 3798                             7

  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
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 AND ANY SUBSEQUENT
RENEWAL THEREOF SHALL BE VALID FOR A PERIOD OF TIME NOT  TO  EXCEED  TEN
YEARS  FROM  THE  DATE OF ISSUANCE.  A NEW PERMIT OR PERMIT MODIFICATION
MUST BE OBTAINED FROM THE DEPARTMENT PRIOR TO ANY TRANSFER OR CHANGE  OF
OWNERSHIP 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 FEBRUARY FIFTEENTH, TWO THOUSAND TWELVE.
  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. 3798                             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. 3798                             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
FEBRUARY FIFTEENTH,  TWO  THOUSAND  THIRTEEN,  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 REGISTERED 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. 3798                            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 February 15, 2012; 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, and provided further that any application for
an adjudication of water rates pursuant to section 15-1521 of the  envi-
ronmental conservation law that is filed with the department of environ-
mental  conservation and for which the department has issued a notice of
hearing prior to February 15, 2012 shall remain under  the  jurisdiction
of the department of environmental conservation.