Assembly Bill A8124A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8124--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 3, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT, D'URSO, LAVINE -- read once and
   referred to the Committee on Environmental  Conservation  --  reported
   and  referred  to  the  Committee  on  Ways  and  Means  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   limiting  the exceptions to certain effluent limitations in Nassau and
   Suffolk counties and requiring certain eligible projects for state aid
   involving water pollution control revolving fund  agreements  to  take
   county-wide  or  regional  wastewater planning into consideration when
   determining eligibility
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of  section  17-0809 of the environmental
 conservation law, as added by chapter  360  of  the  laws  of  1988,  is
 amended to read as follows:
   3.  Notwithstanding any other provision of this article, when effluent
 limitations are established they must be at least as  stringent  as  the
 effluent  limitations previously required unless the commissioner deter-
 mines, through regulation, that an exception is warranted as provided in
 section 303(d) and 402(o) of the Federal Water Pollution Control Act (33
 U.S.C. sections 1313(d) and 1342(o)) as amended by the Water Quality Act
 of 1987; PROVIDED, HOWEVER, NO SUCH EXCEPTIONS MAY BE DETERMINED  TO  BE
 WARRANTED IN SPECIAL GROUNDWATER PROTECTION AREAS DESIGNATED PURSUANT TO
 ARTICLE  FIFTY-FIVE  OF  THIS  CHAPTER  OR IN NASSAU OR SUFFOLK COUNTIES
 WHERE SUCH DISCHARGES WILL IMPACT MARINE  WATERS  WITHIN  TEN  YEARS  OR
 LESS.
   §  2. Item (e) of subparagraph (ii) of paragraph d of subdivision 1 of
 section 17-1909 of the environmental conservation  law,  as  amended  by
 chapter 355 of the laws of 2014, is amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13086-03-9
              

 A. 8124--A                          2
 
   (e)  conforms with applicable rules and regulations of the department,
 including a demonstration that design and construction  consider  future
 physical  climate risk due to sea level rise, and/or storm surges and/or
 flooding, based on available data predicting the  likelihood  of  future
 extreme  weather events, including hazard risk analysis data if applica-
 ble; AND
   (F) INCLUDES CONSIDERATION OF COUNTY-WIDE OR REGIONAL WASTEWATER PLAN-
 NING.
   § 3. Paragraph a of subdivision 2 of section 17-1909 of  the  environ-
 mental  conservation law, as amended by chapter 262 of the laws of 2007,
 is amended to read as follows:
   a.  The  environmental  significance  of  such  potentially   eligible
 projects  which shall include, but need not be limited to, an assessment
 of (i) public  health  and  safety;  (ii)  protection  of  environmental
 resources;  (iii)  population  affected;  (iv) attainment of state water
 quality goals and standards; [and] (v) compliance with state and federal
 law, rules and regulations; AND (VI) THE EXTENT TO WHICH  SUCH  PROJECTS
 REFLECT COUNTY-WIDE OR REGIONAL WASTEWATER PLANNING;
   §  4.  This  act  shall take effect immediately and shall apply to all
 permits issued after such date.