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.