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Assembly Bill A8271A

2013-2014 Legislative Session

Authorizes the department of environmental conservation to establish the Lake DeForest Flood Control Pilot Program

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2013-A8271 - Details

Current Committee:
Assembly Rules
Law Section:
Environmental Conservation
Versions Introduced in Other Legislative Sessions:
2015-2016: A2037
2017-2018: A1254
2019-2020: A3453
2021-2022: A1907
2023-2024: A4520
2025-2026: A5082

2013-A8271 - Summary

Authorizes the department of environmental conservation to establish th eLake Deforest Flood Control Pilot Program.

2013-A8271 - Bill Text download pdf 

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

                                  8271

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            November 20, 2013
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  authorizing the regulation of certain reservoirs

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

  Section 1. The environmental conservation law is amended by  adding  a
new section 16-0121 to read as follows:
S 16-0121. REGULATION OF CERTAIN RESERVOIRS.
  1.  THE  COMMISSIONER SHALL REGULATE THE VOLUME AND RELEASES OF WATER,
UNDER CERTAIN CONDITIONS, OF  WATER-WORK  CORPORATIONS,  AS  DEFINED  IN
SECTION  TWO  OF  THE PUBLIC SERVICE LAW, THAT OWN AND/OR OPERATE RESER-
VOIRS THAT HAVE A TOTAL CAPACITY IN EXCESS OF ONE BILLION GALLONS.   THE
COMMISSIONER  SHALL DEVELOP CONDITIONS UNDER WHICH SUCH AUTHORITY MAY BE
USED INCLUDING THE ANTICIPATION OF A MAJOR WEATHER EVENT,  LARGE  INFLOW
OF  WATER  INTO  RESERVOIRS,  DAM SAFETY OR ANY OTHER CONDITION THAT MAY
REASONABLY CAUSE UNNECESSARY FLOODING TO SURROUNDING AREAS.
  2. THE COMMISSIONER SHALL DEVELOP A LONG  TERM  FLOW  MANAGEMENT  PLAN
THAT  PROMULGATES  REGULATIONS  FOR VOLUME CONTROL AND RELEASES OF WATER
FROM SUCH RESERVOIRS ON A SEASONAL  BASIS.  THE  RULES  AND  REGULATIONS
SHALL  INCLUDE  PROVISIONS  THAT RELATE TO THE VOLUME, RATE OF CHANGE IN
THE VOLUME AND RELEASES OF WATER IN A MANNER THAT IS CONSISTENT WITH ANY
LEGAL AGREEMENT OR CONTRACT THAT IS A RESULT OF A COURT ORDER. THE  FLOW
MANAGEMENT  PLAN  SHOULD  SEEK TO MITIGATE FLOODING OF SURROUNDING AREAS
WHILE MAINTAINING AN ADEQUATE WATER SUPPLY. THE  RULES  AND  REGULATIONS
SHALL IDENTIFY REASONABLE SEASONAL PRECIPITATION SCHEDULES TO BE USED IN
THE ENFORCEMENT OF THIS SECTION.
  S  2. The commissioner of environmental conservation is authorized and
directed to promulgate and implement all rules, regulations  and  guide-
lines  he or she deems necessary to implement the provisions of this act
on or before its effective date.
  S 3. This act shall take effect immediately; provided,  however,  that
section one of this act shall take effect December 31, 2014.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2013-A8271A (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Environmental Conservation
Versions Introduced in Other Legislative Sessions:
2015-2016: A2037
2017-2018: A1254
2019-2020: A3453
2021-2022: A1907
2023-2024: A4520
2025-2026: A5082

2013-A8271A (ACTIVE) - Summary

Authorizes the department of environmental conservation to establish th eLake Deforest Flood Control Pilot Program.

2013-A8271A (ACTIVE) - Bill Text download pdf 

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

                                 8271--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            November 20, 2013
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Environmental Conservation -- recommitted to the  Commit-
  tee  on Environmental Conservation in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  authorize  the  department of environmental conservation to
  establish the Lake DeForest Flood Control Pilot Program; and providing
  for the repeal of such provisions upon expiration thereof

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

  Section  1.  The department of environmental conservation shall estab-
lish the Lake DeForest Flood  Control  Pilot  Program  to  regulate  the
volume  and releases of water from the Lake DeForest reservoir, which is
operated by a privately  owned  waterworks  corporation  as  defined  in
section 2 of the public service law, to mitigate downstream flooding, to
the maximum extent practicable while recognizing and ensuring the prima-
ry purpose of the availability of sufficient quality drinking water. The
department shall promulgate rules and regulations describing the circum-
stances  in  which  flood  control  authority  may be used including the
anticipation of a major weather event, large inflow of water into reser-
voirs, dam safety, seasonal precipitation schedules or any other  condi-
tion  that  may  reasonably  cause  unnecessary  flooding to surrounding
areas.
  S 2. This act shall take effect December 31, 2014 and shall expire and
be deemed repealed December 31, 2024.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11689-02-4

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