senate Bill S791

2011-2012 Legislative Session

Regulates farm pond dams

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 13, 2012 referred to agriculture
delivered to assembly
passed senate
Mar 12, 2012 advanced to third reading
Mar 07, 2012 2nd report cal.
Mar 06, 2012 1st report cal.287
Jan 04, 2012 referred to agriculture
returned to senate
died in assembly
Jun 06, 2011 referred to agriculture
delivered to assembly
passed senate
Mar 28, 2011 advanced to third reading
Mar 24, 2011 2nd report cal.
Mar 23, 2011 1st report cal.259
Jan 05, 2011 referred to agriculture

Votes

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Mar 6, 2012 - Agriculture committee Vote

S791
8
1
committee
8
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Agriculture committee vote details

Agriculture Committee Vote: Mar 6, 2012

nay (1)
aye wr (1)

Mar 23, 2011 - Agriculture committee Vote

S791
7
2
committee
7
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Agriculture committee vote details

Agriculture Committee Vote: Mar 23, 2011

nay (2)
aye wr (1)

Co-Sponsors

S791 - Bill Details

See Assembly Version of this Bill:
A5865
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §16, Ag & Mkts L; amd §§15-0107, 15-0503 & 15-0507, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S2429A, A976A

S791 - Bill Texts

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

view sponsor memo
BILL NUMBER:S791

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

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

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

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

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

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

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

LEGISLATIVE HISTORY:
2009-2010: S.2429-A/A.976-A Referred to Agriculture/Passed Assembly
2008: S.7564/A.10542 Passed Senate/Reported from Assembly
Agriculture Committee

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

EFFECTIVE DATE:


This act shall take effect immediately.

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

                                   791

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. YOUNG, RANZENHOFER -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law  and  the  environmental
  conservation law, in relation to farm pond dams

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

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 45 to read as follows:
  45. DEVELOP GUIDELINES AND BEST MANAGEMENT  PRACTICES  IN  CONJUNCTION
WITH THE STATE SOIL AND WATER CONSERVATION COMMITTEE FOR THE CLASSIFICA-
TION, OPERATION AND MAINTENANCE OF FARM POND DAMS.
  S  2.  Subdivision 7 of section 15-0107 of the environmental conserva-
tion law is renumbered subdivision 8 and a new subdivision 7 is added to
read as follows:
  7. "FARM POND DAM" SHALL MEAN THOSE  DAMS  MEETING  GUIDELINES  ESTAB-
LISHED  BY THE DEPARTMENT OF AGRICULTURE AND MARKETS PURSUANT TO SECTION
SIXTEEN OF THE AGRICULTURE AND MARKETS LAW AND INSTALLED TO  PRINCIPALLY
ENHANCE AGRICULTURAL, ENVIRONMENTAL AND CONSERVATION BENEFITS ON FARMS.
  S  3.  Subdivision 3 of section 15-0503 of the environmental conserva-
tion law, as amended by chapter 364 of the laws of 1999, is  amended  to
read as follows:
  3.  The  requirement  of  a  permit pursuant to this section shall not
apply to the following facilities:
  a. A dock, pier, wharf or other structure used  solely  as  a  landing
place  on water providing dockage for five or fewer boats and encompass-
ing within its outer perimeter an area less than  four  thousand  square
feet;
  b. A mooring facility providing mooring for fewer than ten boats;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03431-01-1

S. 791                              2

  c. Seasonal replacement or reinstallation of structures referenced and
listed  in  paragraph b of subdivision 1 of this section installed prior
to the effective date of this paragraph[.];
  D. FARM POND DAMS.
  S  4. Section 15-0507 of the environmental conservation law is amended
by adding a new subdivision 7 to read as follows:
  7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FARM POND DAMS.
  S 5. This act shall take effect immediately.

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