NY State Senate Bill 2011-S3455

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
Jan 04, 2012	referred to environmental conservation
Feb 23, 2011	referred to environmental conservation

co-Sponsors

2011-S3455 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§15-1501, 15-1502, 15-1503, 15-1505, 15-1521, 15-1529 & 71-1127, add §15-1504, rpld Art 15 Titles 16 & 33, En Con L
Versions Introduced in 2009-2010 Legislative Session:: S8280

2011-S3455 (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.

2011-S3455 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3455

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 titles 16 and 33
of article 15 of such law relating
to Great Lakes water conservation and management and
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 SPECIFIC 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
require permits for the most significant water uses. 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 the New York State
Department of Health (DOH); (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 ECL
Article 15:
"compact basin commission," "environmentally sound and economically
feasible water conservation measures," "interbasin diversion,"
"person," "potable," "public water supply system," "threshold
volume," "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 shall 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, is just and
equitable to all affected municipalities and their inhabitants,
cannot be reasonably avoided through efficient use and conservation
of existing water supplies, is limited to quantities that are
considered reasonable for the purposes for which the water use is
proposed, and will be implemented in a manner that ensures it will
result in no significant individual or cumulative adverse impacts,


incorporates environmentally sound and economically feasible water
conservation 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 add a new section, 15-1504 to the ECL
relating to water withdrawals for agricultural purposes. 1) Requires
applicable persons who make water withdrawals for agricultural
purposes to register annually or
report the withdrawal to the Department; 2) Defines "great lakes
Basin" and "Great Lakes water"; 3) relates to registration for Great
Lakes water; 4) Requires a report from any person who withdraws
more than 100,000 gallons per day in any consecutive 30 day period;
and 5) Relates to compliance with other articles of ECL.

Section 5 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 the 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 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; and (4)
authorize DEC to assess an annual registration fee of $200 for all
persons required to register an inter- basin transfer, unless the
diversion is part of a water withdrawal system for which DEC has
issued a permit pursuant to Title 15,

Section 6 of the bill would amend ECL § 15-1521 to make conforming
amendments necessitated by other amendments to Title 15 made by the
bill and to make technical amendments.

Section 7 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 8 of this bill would repeal, effective December 31, 2014,
Title 16 of ECL Article 15 (Title 16), related to Great Lakes water
conservation and management, because the provisions of Title 16 will
be incorporated, into the permitting requirements of Title 15 as
amended by this bill.

Section 9 of the bill would repeal, effective December 31, 2014, 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 10 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
the violation continues.

Section 11 of the bill would provide for an effective date of April 1,
2012, except that sections 8 and 9 of the bill, which would repeal
Title 16 and Title 33, would take effect on December 31, 2014.

EXISTING LAW:
ECL Article 15 sets forth New York's water resources program.
Title 15 sets forth then 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 the 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 15
or any rule, regulation,
order or permit issued thereunder. ECL Article 72 establishes various
environmental regulatory program fees.

JUSTIFICATION:
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 these 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 Compact 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 as
proposed by this bill to protect and conserve all of New York's water
resources.

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 would be exempt from. DEC's permitting process, DOE would
continue to regulate these smaller withdrawals to ensure their
adequacy and the protection of public health.

PRIOR LEGISLATIVE HISTORY:
S.8280A Passed Senate in 2010

FISCAL IMPLICATIONS:
This bill would not have any significant fiscal
impact on the State because DEC would implement the new requirements
with existing resources

EFFECTIVE DATE:
This Act shall take effect April 1, 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, 2014.

2011-S3455 (ACTIVE) - Bill Text download pdf

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

                                  3455

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced  by Sen. GRISANTI -- 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
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.
                                                           LBD08389-02-1

S. 3455                             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]
  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  AND  SHALL  BE DEEMED TO SATISFY THE PERMIT REQUIREMENTS OF
SUBDIVISION 1 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 4 OF THIS
SECTION, NOTHING CONTAINED IN SUBDIVISION 1 OF THIS  SECTION  CONCERNING

S. 3455                             3

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, 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, 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 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

S. 3455                             4

PURPOSES PROVIDED THE WITHDRAWAL HAS BEEN REGISTERED WITH THE DEPARTMENT
PURSUANT  TO THE REQUIREMENTS OF TITLE 16 OF THIS ARTICLE OR REPORTED TO
THE DEPARTMENT PURSUANT TO THE REQUIREMENTS OF TITLE 33 OF THIS  ARTICLE
ON  OR  BEFORE  APRIL  1, 2012; 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 16 OR TITLE 33 OF THIS ARTICLE ON OR BEFORE
APRIL 1, 2012.
  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. 3455                             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. 3455                             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. 3455                             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 16 OF THIS ARTICLE OR REPORTED TO THE DEPARTMENT
PURSUANT TO THE REQUIREMENTS OF TITLE 33 OF THIS ARTICLE  ON  OR  BEFORE
APRIL 1, 2012.
  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 31 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. 3455                             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 3 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. 3455                             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 1, 2013, 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 10 OF ARTICLE 21 OF THIS CHAPTER.   LIMITED
EXCEPTIONS  FOR PUBLIC WATER SUPPLY SYSTEMS WILL ONLY BE CONSIDERED 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. 3455                            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, 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, 2014.

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Senate Bill S3455

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

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Sponsored By

Mark Grisanti

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

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co-Sponsors

Suzi Oppenheimer

2011-S3455 (ACTIVE) - Details

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2011-S3455 (ACTIVE) - Sponsor Memo

2011-S3455 (ACTIVE) - Bill Text download pdf

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