S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5181
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 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:
   § 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.
   § 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.
                                                            LBD08804-01-7
              
             
                          
                
 A. 5181                             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.
   § 3. This act shall take effect immediately.