Senate Bill S4443

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

                                  4443

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sen. MARTINS -- 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
  creating  the  Long  Island  aquifer commission, and to repeal certain
  provisions of such law relating thereto

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

  Section  1.  Legislative intent. The legislature finds that protecting
Long Island's sole  source  aquifer  from  contaminants,  from  whatever
source,  is  critical  to  the  health  and wellbeing of millions of the
state's citizens. Although the importance of this resource is indisputa-
ble, ensuring its protection  requires  maximum  coordination  from  all
parts of Long Island and New York state.
  The  legislature  further  finds that guaranteeing adequate supply and
delivery of fresh drinking water at a reasonable  cost  on  Long  Island
requires  cooperation  and  sharing of information and resources between
Long Island and the New York state department of environmental conserva-
tion and department of health.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 55-0112 to read as follows:
S 55-0112. LONG ISLAND AQUIFER COMMISSION.
  1.  THE COMMISSION.  (A) THERE IS HEREBY CREATED THE LONG ISLAND AQUI-
FER COMMISSION, WHICH SHALL POSSESS THE POWERS AND DUTIES SET  FORTH  IN
THIS SECTION.  THE COMMISSION SHALL CONSIST OF SEVEN VOTING MEMBERS: THE
CHAIR  OF  THE  LONG  ISLAND  WATER CONFERENCE, THE CHAIR OF THE SUFFOLK
COUNTY WATER AUTHORITY, ONE PERSON APPOINTED BY THE GOVERNOR, ONE PERSON
APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, ONE PERSON APPOINTED
BY THE SPEAKER OF THE ASSEMBLY AND ONE PERSON APPOINTED BY EACH  OF  THE
COUNTY  EXECUTIVES FOR THE COUNTIES OF NASSAU AND SUFFOLK. ALL APPOINTED
MEMBERS SHALL HAVE A BACKGROUND IN ONE OR MORE OF THE  FOLLOWING  AREAS:
HYDROLOGY,  GEOLOGY,  HYDROGEOLOGY,  PUBLIC  SANITATION,  PUBLIC HEALTH,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09674-03-3
              

S. 4443                             2

ENGINEERING,  ENVIRONMENTAL  PROTECTION,  GROUNDWATER   PROTECTION,   OR
CURRENT OR PRIOR EMPLOYMENT WITH A PUBLIC WATER PROVIDER.
  (B)  EACH  APPOINTED MEMBER SHALL SERVE A TERM OF TWO YEARS OR UNTIL A
SUCCESSOR SHALL HAVE BEEN NAMED AND  QUALIFIED.  MEMBERS  MAY  BE  REAP-
POINTED TO SUCCESSIVE TERMS.
  (C)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOUR
VOTING MEMBERS SHALL CONSTITUTE A QUORUM FOR THE PURPOSES OF  ORGANIZING
THE COMMISSION AND CONDUCTING THE BUSINESS THEREOF; AND NO ACTION OF THE
COMMISSION  MAY  BE  TAKEN  EXCEPT  UPON AN AFFIRMATIVE VOTE OF AT LEAST
THREE-FIFTHS OF THE FULL COMMISSION MEMBERSHIP AT ANY MEETING  AT  WHICH
AT  LEAST  FOUR VOTING MEMBERS ARE PRESENT OR PARTICIPATING BY VIDEOCON-
FERENCING.  VIDEOCONFERENCING MAY BE USED  FOR  ATTENDANCE  AND  PARTIC-
IPATION BY MEMBERS OF THE COMMISSION.  IF VIDEOCONFERENCING IS USED, THE
COMMISSION  SHALL  PROVIDE  AN  OPPORTUNITY  FOR  THE  PUBLIC TO ATTEND,
LISTEN, AND OBSERVE AT ANY SITE AT  WHICH  A  MEMBER  PARTICIPATES.  THE
PUBLIC  NOTICE  FOR  THE  MEETING  SHALL  IDENTIFY,  IF PRACTICABLE, ALL
LOCATIONS WHERE A MEMBER WILL PARTICIPATE IN THE MEETING BY VIDEOCONFER-
ENCE AND SHALL STATE THAT THE PUBLIC HAS THE RIGHT TO ATTEND THE MEETING
AT ANY SUCH LOCATION.
  (D) THE COMMISSIONERS OF THE NEW YORK STATE DEPARTMENT OF  HEALTH  AND
THE  DEPARTMENT,  THE  REGIONAL DIRECTOR OR REPRESENTATIVE OF THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY AND  A  REPRESENTATIVE  FROM  THE
UNITED  STATES  GEOLOGIC SURVEY SHALL SERVE AS EX-OFFICIO MEMBERS OF THE
COMMISSION.
  (E) MEMBERS OF THE COMMISSION, IN FURTHERANCE OF THEIR DUTIES PURSUANT
TO THE PROVISIONS OF THIS SECTION, SHALL NOT RECEIVE A SALARY  OR  OTHER
COMPENSATION,  BUT  SHALL  BE  ALLOWED THE NECESSARY AND ACTUAL EXPENSES
INCURRED IN THE PERFORMANCE OF DUTIES UNDER THIS SECTION.
  2. GENERAL POWERS AND DUTIES OF THE  COMMISSION.  (A)  THE  COMMISSION
SHALL  FOCUS  ITS  EFFORTS ON QUALITY AND QUANTITY OF GROUNDWATER IN THE
SOLE SOURCE AQUIFER AND PREVENTING ADDITIONAL DEGRADATION OF  THE  AQUI-
FER,  TAKING  INTO  CONSIDERATION FACTORS INCLUDING, BUT NOT LIMITED TO,
SALTWATER  INTRUSION,  CONTAMINATION  PLUMES,  RECHARGING  CAPABILITIES,
WATER LEVELS AND PESTICIDE LEACHING.
  (B)  THE  COMMISSION  MAY  ADOPT RULES AND REGULATIONS RELATING TO THE
ACTIVITIES OF THE COMMISSION.
  (C) THE COMMISSION IS AUTHORIZED AND SHALL RECEIVE UPON REQUEST ACCESS
TO STUDIES PERFORMED OR COMMISSIONED BY THE DEPARTMENT,  NASSAU  COUNTY,
SUFFOLK COUNTY OR MUNICIPALITIES OR POLITICAL SUBDIVISIONS LOCATED WITH-
IN  EACH  COUNTY, RELATED TO GROUNDWATER AND SOLE SOURCE AQUIFER QUALITY
AND QUANTITY.
  (D) THE COMMISSION SHALL MEET AT LEAST QUARTERLY.  AFTER  THE  COMMIS-
SION'S  SECOND  MEETING  AND  ANNUALLY  THEREAFTER, THE COMMISSION SHALL
CONDUCT A PUBLIC HEARING  FOR  THE  PURPOSE  OF  SOLICITING  INFORMATION
NECESSARY  FOR CONSIDERATION OF ISSUES OF REGIONAL CONCERN AFFECTING THE
SOLE SOURCE  AQUIFER  FROM  MEMBERS  OF  THE  PUBLIC  AND  ORGANIZATIONS
INVOLVED  IN  GROUNDWATER RESEARCH, MANAGEMENT, AND ADVOCACY. MINUTES OF
THE MEETINGS SHALL BE KEPT AND MEETING  AGENDAS  AND  MINUTES  SHALL  BE
PROVIDED TO ALL COMMISSION MEMBERS.
  (E)  THE  COMMISSION  SHALL PREPARE AND RELEASE A STATE OF THE AQUIFER
REPORT WITHIN ONE YEAR OF ITS FIRST MEETING AND THEREAFTER PROVIDE ANNU-
AL UPDATES OF THE REPORT. THE REPORT SHALL INCLUDE, BUT NOT  BE  LIMITED
TO,  THE FOLLOWING INFORMATION: QUALITATIVE AND QUANTITATIVE GROUNDWATER
DATA, ANTHROPOGENIC THREATS TO GROUNDWATER QUALITY AND QUANTITY,  EXIST-
ING REGULATORY GROUNDWATER MANAGEMENT REGIMES, MANAGEMENT OPPORTUNITIES,
RECOMMENDATIONS  AND METHODS FOR IMPLEMENTATION, INCLUDING STAKEHOLDERS,

S. 4443                             3

ROLES AND RESPONSIBILITIES,  PRIORITIZATION  OF  ACTIONS,  SCHEDULE  AND
COSTS.  THE  REPORT SHALL BE PUBLICLY AVAILABLE AND SHALL ALSO BE DELIV-
ERED TO THE GOVERNOR, THE COMMISSIONER, THE NEW YORK STATE  COMMISSIONER
OF  HEALTH,  THE  SUFFOLK COUNTY EXECUTIVE, THE NASSAU COUNTY EXECUTIVE,
THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  AND
ALL LOCAL WATER DISTRICTS LOCATED WITHIN NASSAU AND SUFFOLK COUNTIES.
  3.  COOPERATION  OF  STATE AND MUNICIPAL AGENCIES.  (A) THE COMMISSION
MAY REQUEST AND SHALL BE PROVIDED  WITH  SUCH  COOPERATION,  ASSISTANCE,
SERVICES  AND  DATA,  FROM  ANY DEPARTMENT, AGENCY, ADVISORY BOARD, TASK
FORCE, COMMISSION, BUREAU OR ANY OTHER AGENCY HAVING  JURISDICTION  OVER
LAND OR WATER WITHIN THE COUNTIES OF NASSAU AND SUFFOLK AS ARE NECESSARY
TO  CARRY  OUT  THE  COMMISSION'S FUNCTION PURSUANT TO THIS SECTION. THE
COMMISSION SHALL COORDINATE ITS ACTIONS WITH THE REGION 1 REGIONAL ADVI-
SORY COMMITTEE, ESTABLISHED BY SECTION 49-0209 OF  THIS  CHAPTER.  EVERY
STATE  AGENCY  IS  AUTHORIZED  TO  PROVIDE,  WITHIN AMOUNTS APPROPRIATED
THEREFORE AND SUBJECT TO THE APPROVAL OF THE  DIRECTOR  OF  THE  BUDGET,
SUCH ASSISTANCE AND SERVICES AS THE COMMISSION MAY REQUEST.
  (B)  REGION  ONE OF THE DEPARTMENT IS AUTHORIZED TO PROVIDE ALL NECES-
SARY STAFF SERVICES, ACCOUNTING, CLERICAL, AND  SECRETARIAL  ASSISTANCE,
OFFICE SPACE, AND EQUIPMENT REASONABLY REQUESTED BY THE COMMISSION.
  4. ACCEPTANCE OF MONIES. THE COMMISSION MAY ACCEPT ANY GRANT OR APPRO-
PRIATION  FROM FEDERAL, STATE AND MUNICIPAL SOURCES AND ANY GIFT FOR USE
TO CARRY OUT THE PROVISIONS  OF  THIS  SECTION.  SUCH  MONIES  SHALL  BE
EXPENDED  BY  THE COMMISSION TO CARRY OUT THE PROVISION OF THIS SECTION,
EXCEPT THAT SUCH EXPENDITURES SHALL NOT  EXCEED  THE  GRANTS,  APPROPRI-
ATIONS AND GIFTS RECEIVED BY THE COMMISSION.
  S  3.  Subdivisions  5,  6, 7 and 8 of section 55-0113 of the environ-
mental conservation law are REPEALED.
  S 4. This act shall take effect immediately.