S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  9009
                          I N  A S S E M B L Y
                              March 6, 2014
                               ___________
Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Agriculture
AN ACT to amend the agriculture and markets law  and  the  environmental
  conservation  law,  in relation to water withdrawal reporting and FOIL
  protection
  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section  1. Section 151-h of the agriculture and markets law, as added
by chapter 136 of the laws of 2000, is amended to read as follows:
  S 151-h. Report. The department, in conjunction with  the  state  soil
and water conservation committee, shall report annually to the governor,
the  legislature  and  participating agencies on the progress of the AEM
program, including an assessment of program effectiveness  in  achieving
state  water  quality  objectives,  public  and  private program partic-
ipation, and such other information as the department and the  committee
deem  appropriate.  SUCH  REPORT  SHALL ALSO INCLUDE, AFTER CONSULTATION
WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE NUMBER OF  ANNUAL
REGISTRATIONS FOR AGRICULTURAL WATER WITHDRAWALS EXCEEDING AN AVERAGE OF
MORE THAN ONE HUNDRED THOUSAND GALLONS PER DAY IN ANY CONSECUTIVE THIRTY
DAY  PERIOD  AS  PROVIDED  FOR  IN  SECTION 15-1504 OF THE ENVIRONMENTAL
CONSERVATION LAW.
  S 2. Section 15-1504 of the environmental conservation law is  amended
by adding a new subdivision 6 to read as follows:
  6. DISCLOSURE.
  A.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ANY  INFORMATION
COLLECTED PURSUANT TO SUBPARAGRAPH (1) OF  PARAGRAPH  B  OF  SUBDIVISION
THREE  OF THIS SECTION OR SUBPARAGRAPH (1) OF PARAGRAPH A OF SUBDIVISION
FOUR OF THIS SECTION SHALL NOT BE SUBJECT TO DISCLOSURE UNDER THE  FREE-
DOM  OF  INFORMATION  LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS
LAW.
  B. ANY REPORTS TO OUTSIDE PARTIES FOR RESEARCH OR OTHER PURPOSES SHALL
BE REDACTED TO EXCLUDE  ANY  INFORMATION  ABOUT:  A  WATER  SOURCE,  THE
LOCATION  OF  A  WATER  SOURCE,  THE CAPACITY OF A WATER SOURCE, AND THE
PLACE AND  SOURCE OF A PROPOSED OR EXISTING WITHDRAWAL THAT IS  GATHERED
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              
             
                          
                                                                           LBD13201-04-4
A. 9009                             2
PURSUANT TO SUBPARAGRAPH (1) OF PARAGRAPH B OF SUBDIVISION THREE OF THIS
SECTION  OR  SUBPARAGRAPH (1) OF PARAGRAPH A OF SUBDIVISION FOUR OF THIS
SECTION.
  S 3. This act shall take effect immediately.