S T A T E O F N E W Y O R K
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5181
2017-2018 Regular Sessions
I N A S S E M B L Y
February 6, 2017
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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.