NY State Senate Bill 2015-S2313

Archive: Last Bill Status - In Senate Committee Agriculture 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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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to agriculture
Jun 25, 2015	committed to rules
May 11, 2015	advanced to third reading
May 06, 2015	2nd report cal.
May 05, 2015	1st report cal.516
Jan 22, 2015	referred to agriculture

Votes

- May 5, 2015 - Agriculture Committee Vote
  S2313
  
  Aye
  
  8
  
  Nay
  
  3
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Agriculture Committee Vote: May 5, 2015
      
      aye (8)
      
      Funke
      
      Gallivan
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Seward
      
      Valesky
      
      Young
      
      nay (3)
      
      Montgomery
      
      Panepinto
      
      Serrano
      
      aye wr (1)
      
      Comrie
      
      excused (1)
      
      Hamilton

co-Sponsors

2015-S2313 (ACTIVE) - Details

See Assembly Version of this Bill:: A1766
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §151-h, Ag & Mkts L; amd §15-1504, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6222, A9009
2017-2018: A5181

2015-S2313 (ACTIVE) - Summary

Relates to water withdrawal reporting and FOIL protection.

2015-S2313 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2313

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:


2013-2014: S.6222/A.9009

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S2313 (ACTIVE) - Bill Text download pdf

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

                                  2313

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced by Sens. RITCHIE, GALLIVAN, RANZENHOFER, SEWARD -- read twice
  and ordered printed, and when printed to be committed 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  ONE OF PARAGRAPH B OF SUBDIVISION
THREE OF THIS SECTION OR SUBPARAGRAPH ONE 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05625-01-5

S. 2313                             2

  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
PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH B OF SUBDIVISION THREE OF THIS
SECTION  OR  SUBPARAGRAPH ONE OF PARAGRAPH A OF SUBDIVISION FOUR OF THIS
SECTION.
  S 3. This act shall take effect immediately.

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Senate Bill S2313

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

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Votes

May 5, 2015 - Agriculture Committee Vote

Agriculture Committee Vote: May 5, 2015

co-Sponsors

2015-S2313 (ACTIVE) - Details

2015-S2313 (ACTIVE) - Summary

2015-S2313 (ACTIVE) - Sponsor Memo

2015-S2313 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patty Ritchie

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

Votes

co-Sponsors

Thomas D. Croci

Patrick M. Gallivan

Michael H. Ranzenhofer

James L. Seward

2015-S2313 (ACTIVE) - Details

2015-S2313 (ACTIVE) - Summary

2015-S2313 (ACTIVE) - Sponsor Memo

2015-S2313 (ACTIVE) - Bill Text download pdf

Comments