senate Bill S6222

2013-2014 Legislative Session

Relates to water withdrawal reporting and FOIL protection

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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
Jun 18, 2014 referred to agriculture
delivered to assembly
passed senate
Feb 04, 2014 advanced to third reading
Feb 03, 2014 2nd report cal.
Jan 28, 2014 1st report cal.75
Jan 08, 2014 referred to agriculture

Votes

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Jan 28, 2014 - Agriculture committee Vote

S6222
8
1
committee
8
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Agriculture Committee Vote: Jan 28, 2014

nay (1)
aye wr (2)

Co-Sponsors

S6222 - Bill Details

See Assembly Version of this Bill:
A9009
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §151-h, Ag & Mkts L; amd §15-1504, En Con L

S6222 - Bill Texts

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Relates to water withdrawal reporting and FOIL protection.

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BILL NUMBER:S6222

TITLE OF BILL: An act to amend the agriculture and markets law and
the environmental conservation law, in relation to water withdrawal
reporting and FOIL protection

PURPOSE:

To report on the number of annual registrations for agricultural water
withdrawals exceeding an average of more than 100,000 gallons per day.
This bill also protects certain information regarding the source and
location of such water withdrawal from disclosure.

SUMMARY OF PROVISIONS:

Section 1 amends Section 151-h of the Agriculture and Markets Law to
require that the report of the Department shall include the number of
annual registrations for agricultural water withdrawals exceeding an
average of more than 100,000 gallons per day in any consecutive 30 day
period.

Section 2 amends Section 15-1504 of the Environmental Conservation Law
to protect any information related to: 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 water withdrawal from disclosure
under the Freedom of Information Law and from disclosure in any report
to outside parties,

Section 3 provides that this act shall take effect immediately.

JUSTIFICATION:

Currently, reports published by the Department of Agriculture and
Markets do not require the reporting of the number of annual
registrations for agricultural water withdrawals that exceed an
average of more than 100,000 gallons per day in any consecutive 30 day
period. This bill will require the reporting of that number, thereby
providing more transparency and information in the reports that are
prepared by the Department.

Furthermore, this bill will protect any information related to: 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 water
withdrawal from disclosure under the Freedom of Information Law and
from disclosure in any report to outside parties, The disclosure of
such specific information regarding a farm's water source greatly
increases the risk that such information can be accessed by someone
who would use it to harm or damage the farm. This would make it is
much easier for someone, especially a terrorist, foreign or domestic,
to contaminate a farm's water supply and cause immense damage to the
farm and the goods they produce. A safe and reliable water source is
essential to the operation of a farm. Therefore, such precautions are
necessary to ensure a farm's water sources are protected from those
who would seek to contaminate and destroy them.

LEGISLATIVE HISTORY:


New Bill.

FISCAL IMPLICATIONS:

Minimal.

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
________________________________________________________________________

                                  6222

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by Sens. RITCHIE, GALLIVAN, SEWARD -- read twice and ordered
  printed, and when printed to be committed to the Committee on Agricul-
  ture

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13201-04-4

S. 6222                             2

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
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.

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