NY State Senate Bill 2019-S1682

Senate Bill S1682

2019-2020 Legislative Session

Relates to placing a moratorium on the renewal of permits to drill in the Lloyd Sands in Kings and Queens counties

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Jan 15, 2019	referred to environmental conservation

2019-S1682 (ACTIVE) - Details

See Assembly Version of this Bill:: A3019
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §15-1528, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4087
2017-2018: S4011, A7817

2019-S1682 (ACTIVE) - Summary

Relates to placing a moratorium on the renewal of permits to drill in the Lloyd Sands in Kings and Queens counties.

2019-S1682 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1682

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to a
moratorium on the renewal of permits to drill in the Lloyd Sands in
Kings and Queens counties

 
PURPOSE:

The purpose of this bill is to allow drilling into the Lloyd Sands to
occur in Nassau and Suffolk counties.

 
SUMMARY OF PROVISIONS:

Section 1. amends section 15-1528 the environmental conservation law by
adding a new subsection (b) which provides for a moratorium on the
renewal of permits to drill public, private, or industrial water supply
wells in the Lloyd Sands, or to permit the withdrawal, storage or pump-
ing of water from the Lloyd Sands in the counties of Kings and Queens.

This moratorium applies to all areas that are not coastal communities
and areas that are coastal communities for the storage or pumping of
water into the Lloyds Sands. Additionally, the moratorium shall be lift-
ed for new permits in Nassau and Suffolk counties.

Section 2. is the enacting clause.

 
JUSTIFICATION:

The Lloyd Sands Aquifer is one of the most important and pristine bodies
of water in New York State. It is critical that this natural resource be
protected for future generations. However, we must balance that with the
needs of the people of Nassau and Suffolk counties for clean water.

The lifting of the moratorium on granting permits specifically for
Nassau and Suffolk counties for drilling into the Lloyd Sands Aquifer
will achieve this end and provide additional clean water for these coun-
ties.

 
FISCAL IMPLICATIONS:

None to the state

 
EFFECTIVE DATE:
This act shall take effect immediately

2019-S1682 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1682
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law,  in  relation  to  a
   moratorium  on  the  renewal of permits to drill in the Lloyd Sands in
   Kings and Queens counties

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 15-1528 of the environmental conservation law, as
 added by chapter 773 of the laws  of  1986,  subdivisions  2  and  4  as
 amended  by  chapter  567  of  the  laws  of 2008, is amended to read as
 follows:
 § 15-1528. Moratorium on the drilling of  [new]  CERTAIN  wells  in  the
              Lloyd Sands.
   1.  The  department is directed to identify those areas of Long Island
 within the counties of Kings, Queens, Nassau and Suffolk which, for  the
 purposes of this section, shall be considered coastal communities.
   2.  (A)  A  moratorium  shall  be  established  on the granting of new
 permits to drill public water supply, private water supply or industrial
 wells into the Lloyd Sands or to permit new withdrawals  of  water  from
 the  Lloyd  Sands  or to permit the storage or pumping of water into the
 Lloyd Sands.  Such moratorium shall apply to  all  areas  that  are  not
 coastal  communities,  provided however that such moratorium shall apply
 to all areas including coastal communities for the storage or pumping of
 water into the Lloyd Sands. The waters  of  the  Lloyd  Sands  shall  be
 reserved  for  the  use  of  coastal  communities during the moratorium,
 however, nothing required herein shall affect the permits of wells pres-
 ently screened in the Lloyd Sands and withdrawing water therefrom.
   (B) A MORATORIUM SHALL BE  ESTABLISHED  ON  THE  GRANTING  OF  RENEWAL
 PERMITS TO DRILL PUBLIC WATER SUPPLY, PRIVATE WATER SUPPLY OR INDUSTRIAL
 WELLS  INTO  THE  LLOYD SANDS OR TO PERMIT WITHDRAWALS OF WATER FROM THE
 LLOYD SANDS OR TO PERMIT THE STORAGE OR PUMPING OF WATER INTO THE  LLOYD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05125-01-9

 S. 1682                             2
 
 SANDS  IN  THE COUNTIES OF KINGS AND QUEENS. SUCH MORATORIUM SHALL APPLY
 TO ALL AREAS THAT ARE NOT COASTAL  COMMUNITIES,  PROVIDED  HOWEVER  THAT
 SUCH  MORATORIUM  SHALL APPLY TO ALL AREAS INCLUDING COASTAL COMMUNITIES
 FOR THE STORAGE OR PUMPING OF WATER INTO THE LLOYD SANDS.
   3.  The  moratorium shall be lifted ON THE GRANTING OF NEW PERMITS FOR
 NASSAU AND SUFFOLK COUNTIES upon a directive from the commissioner.  The
 directive  shall  be  based  upon  his  OR  HER  finding that sufficient
 research has been conducted so as to provide a sound  working  knowledge
 of  the  details,  dynamics, water volume, and levels of safe withdrawal
 appropriate to maintain a safe quantity of Lloyd Sands  water.  Further,
 the  commissioner must find that a workable program is in place that can
 properly administer a well permit program for  the  Lloyd  Sands  water.
 Such  program  shall  take  into account both the localized and regional
 aspects and implications of Lloyd Sands water withdrawals, with  special
 attention  given to the prevention of water contamination and salt water
 intrusion. The program must ensure that a safe level of withdrawal  from
 the Lloyd Sands is not exceeded.
   4.  The commissioner may grant exemptions FOR NASSAU AND SUFFOLK COUN-
 TIES to the moratorium upon a finding of just cause  and  extreme  hard-
 ship. Such exemptions shall not apply to the storage or pumping of water
 into the Lloyd Sands. An adjudicatory hearing shall be held and findings
 presented to the commissioner prior to the granting of an exemption.
   § 2. This act shall take effect immediately.

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