S T A T E O F N E W Y O R K
________________________________________________________________________
4291
2019-2020 Regular Sessions
I N S E N A T E
March 6, 2019
___________
Introduced by Sen. SKOUFIS -- 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 the
water resources planning council
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 15-2901 of the environmental conservation law, as
amended by chapter 83 of the laws of 1995, is amended to read as
follows:
§ 15-2901. Water resources planning council; organization.
1. There is hereby established [within the department of environmental
conservation] a water resources planning council. [It] THE HEAD OF THE
COUNCIL SHALL BE THE WATER COMMISSIONER, WHO SHALL BE APPOINTED BY THE
GOVERNOR, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, AND HOLD
OFFICE AT THE PLEASURE OF THE GOVERNOR BY WHOM HE OR SHE WAS APPOINTED
AND UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIED. THE WATER COMMISSIONER
SHALL HOLD NO OTHER PUBLIC OFFICE, AND SHALL BE THE CHIEF ADMINISTRATIVE
OFFICER OF AND IN SOLE CHARGE OF THE ADMINISTRATION OF THE WATER
RESOURCES PLANNING COUNCIL AND SHALL CHAIR THE COUNCIL. THE WATER
COMMISSIONER SHALL RECEIVE AN ANNUAL SALARY TO BE FIXED BY THE GOVERNOR
WITHIN THE AMOUNT AVAILABLE THEREFOR BY APPROPRIATION, AND SHALL BE
ENTITLED TO RECEIVE REIMBURSEMENT FOR EXPENSES ACTUALLY AND NECESSARILY
INCURRED IN THE PERFORMANCE OF HIS OR HER DUTIES. THE COMMISSIONER'S
DUTIES SHALL INCLUDE MANAGEMENT AND OVERSIGHT OF THE WATER RESOURCES OF
THE STATE. THE WATER RESOURCES PLANNING COUNCIL shall consist of
[fifteen] SEVENTEEN VOTING members[, including] AND EIGHT NON-VOTING
MEMBERS. (A) VOTING MEMBERS SHALL INCLUDE THE CHAIR, the commissioners
of agriculture and markets, economic development, environmental conser-
vation, health, transportation, HUMAN RIGHTS, the chair of the public
service commission, president of the New York state energy research and
development authority, secretary of state and seven members to be
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05139-01-9
S. 4291 2
appointed by the governor including at least [one member] TWO MEMBERS
who shall have expertise in the science of water resources planning
[and], at least TWO MEMBERS WHO SHALL HAVE EXPERTISE IN ENVIRONMENTAL
SCIENCE AND/OR ENGINEERING AND one member [selected from a list proposed
by public interest or environmental citizens organizations] WHO SHALL
HAVE EXPERTISE IN ENVIRONMENTAL JUSTICE. These seven members APPOINTED
BY THE GOVERNOR shall serve terms of [four] FIVE years each. Two of the
members APPOINTED BY THE GOVERNOR shall be appointed upon the recommen-
dation of the majority leader of the senate and two of the members
APPOINTED BY THE GOVERNOR shall be appointed upon the recommendation of
the speaker of the assembly. [The governor shall select a chair from
among the members.] (B) NON-VOTING MEMBERS SHALL REPRESENT EACH OF THE
FOLLOWING REGIONS: (A) NEW YORK CITY; (B) LONG ISLAND; (C) LOWER HUDSON
VALLEY; (D) CAPITOL REGION; (E) UPPER HUDSON AND ST. LAWRENCE RIVER
WATERSHED; (F) CENTRAL NEW YORK; (G) SOUTHERN TIER RIVER BASINS; AND (H)
GREAT LAKES REGIONAL WATERSHEDS. Meetings of the council shall be called
by the chair. [Members] EXCEPT FOR THE CHAIR, MEMBERS shall receive
reimbursement for expenses ONLY.
2. THE WATER COMMISSIONER MAY REQUEST AND RECEIVE FROM ANY DEPARTMENT,
DIVISION, BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE OR ANY
POLITICAL SUBDIVISION THEREOF OR ANY PUBLIC AUTHORITY, STAFF AND OTHER
ASSISTANCE, INFORMATION, AND RESOURCES AS WILL ENABLE THE WATER
RESOURCES PLANNING COUNCIL TO PROPERLY CARRY OUT ITS FUNCTIONS, POWERS
AND DUTIES.
§ 2. Section 15-2903 of the environmental conservation law, as amended
by chapter 307 of the laws of 1986, is amended to read as follows:
§ 15-2903. Water resources planning council; quorum, bylaws.
A majority of the VOTING members of the council shall constitute a
quorum for the transaction of any business or the exercise of any power
of the council. The commissioners of agriculture and markets, [commerce]
ECONOMIC DEVELOPMENT, energy, environmental conservation, health, trans-
portation, HUMAN RIGHTS, the [chairman] CHAIR of the public service
commission and secretary of state may, by official authority filed in
their respective agencies, and with the water resources planning coun-
cil, designate a deputy or other officer to exercise his OR HER powers
and perform his OR HER duties, including the right to vote, on the coun-
cil. The council may also establish for itself bylaws for the conduct of
its affairs.
§ 3. The environmental conservation law is amended by adding a new
section 15-2904 to read as follows:
§ 15-2904. WATER RESOURCES PLANNING COUNCIL; DUTIES AND PURPOSE.
1. THE COUNCIL SHALL MANAGE AND OVERSEE THE WATER RESOURCES OF THE
STATE INCLUDING FACILITATING COOPERATIVE AND SUSTAINABLE MANAGEMENT OF
WATER RESOURCES TO ENSURE THAT ALL RESIDENTS HAVE ACCESS TO ADEQUATE,
AFFORDABLE, SAFE DRINKING WATER IN PERPETUITY. WHEN APPROPRIATE, THE
COUNCIL SHALL CONSIDER OPPORTUNITIES FOR ECONOMIC DEVELOPMENT IN MANAG-
ING THE WATER RESOURCES OF THE STATE. THE COUNCIL SHALL ENSURE THE FAIR
AND EQUITABLE DISTRIBUTION OF PUBLIC WATER RESOURCES AND SHALL ENSURE
THAT EVERY AGENCY CONSIDERS ENVIRONMENTAL JUSTICE STANDARDS IN ITS DECI-
SION MAKING PROCESS AND ACTIONS. THE COUNCIL SHALL CREATE INTERSTATE
PARTNERSHIPS FOR SHARING RESOURCES AND BEST PRACTICES FOR WATER MANAGE-
MENT.
2. THE COUNCIL SHALL REVIEW AND EXAMINE ALL STATE AND FEDERAL LAWS AND
REGULATIONS CONCERNING THE MANAGEMENT, USE, PROTECTION, CONSERVATION AND
PROVISION OF WATER WHICH MAY AFFECT THE STATE. THE COUNCIL MAY ISSUE
COMMENTS ON ANY PROPOSED STATE AND FEDERAL LEGISLATION OR REGULATIONS
S. 4291 3
AFFECTING WATER. THE COUNCIL SHALL REVIEW AND MAY ISSUE COMMENTS ON ANY
RECOMMENDATIONS OF THE DRINKING WATER QUALITY COUNCIL ESTABLISHED PURSU-
ANT TO SECTION ELEVEN HUNDRED THIRTEEN OF THE PUBLIC HEALTH LAW. THE
COUNCIL SHALL REVIEW THE LIST OF CONTAMINANTS WHICH ARE TESTED IN WATERS
OF THE STATE AND MAKE NECESSARY RECOMMENDATIONS TO THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF HEALTH, OR THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY.
§ 4. Section 15-2905 of the environmental conservation law, as added
by chapter 509 of the laws of 1984, is amended to read as follows:
§ 15-2905. Statewide inventory of existing significant deficiencies in
water supply systems.
The [commissioner, in consultation with the commissioner of health
and] CHAIR, utilizing information requested from the responsible local
officials as well as relevant information developed through titles elev-
en and thirteen of this article, shall cause to be prepared an inventory
of existing significant deficiencies in water supply availability
throughout the state, including specific needs for improvement, rehabil-
itation and establishment of water supply, distribution and transmission
facilities. Such inventory shall also identify those water supply
systems affected or threatened by intrusions of hazardous materials or
wastes and the nature of remediation required. Such inventory shall be
completed and transmitted to the governor, legislature and the council
by July first, [nineteen hundred eighty-five] TWO THOUSAND TWENTY.
The [commissioner] CHAIR in consultation with the secretary of state,
shall also cause to be prepared a review and summary of existing statu-
tory and constitutional provisions relating to the provision and financ-
ing of water supply facilities by local governments, including such
provision and financing through inter-local cooperation. Such review and
summary shall also identify any existing statutory and constitutional
constraints against the effective and efficient provision of sound
financing, on a revenue or general obligation basis, of such facilities.
Such review and summary shall be completed and transmitted to the gover-
nor, legislature and the council by January first, [nineteen hundred
eighty-six] TWO THOUSAND TWENTY-ONE. At such time and based upon the
above inventory and review and summary, the [commissioner] CHAIR shall
also cause to be prepared a compilation of those instances in which
correction of existing significant deficiencies appears to be beyond the
reasonable financial capabilities of the affected communities.
§ 5. Section 15-2907 of the environmental conservation law, as amended
by chapter 214 of the laws of 1991, is amended to read as follows:
§ 15-2907. Water resources management strategy; development purpose.
Not later than January first, [nineteen hundred eighty-seven, the
department of environmental conservation, with the participation of the
department of health] TWO THOUSAND TWENTY-TWO, THE WATER RESOURCES PLAN-
NING COUNCIL, WITH THE PARTICIPATION OF ALL VOTING MEMBERS and whenever
possible, [regional planning and development boards] NON-VOTING REGIONAL
MEMBERS, shall develop and [submit] ADOPT a [complete] COMPREHENSIVE
statewide water resources management strategy [to the water resources
planning council for its review and adoption]. [This] THE WATER
RESOURCES MANAGEMENT strategy shall be composed of substate water
resources management strategies which recognize the natural boundaries
of the water resource basins, watersheds, and aquifers and existing
significant deficiencies of water supply, and which organize these in
the most practical and manageable manner. Each substate management stra-
tegy shall analyze the present and future demographic, natural resource,
economic development, water quality, and conservation requirements of
S. 4291 4
public and private water systems and develop regional management strate-
gies to meet the water resources requirements of residential, agricul-
tural, industrial and commercial users as well as assure the highest
possible quality and quantity of these resources.
Strategies shall analyze the efficiency and capacity of existing water
supply sources and facilities and shall contain recommendations for
appropriate modifications, restoration, and expansion or development of
new sources or facilities. Such strategies shall also include evalu-
ations and recommendations as to the feasibility of including OR REMOV-
ING hydroelectric energy generation facilities as part of the modifica-
tions, restoration, and expansion or development of new or existing
resources or facilities AND/OR RETURNING RIVERS AND STREAMS TO THEIR
NATURAL FLOW. The strategy shall also contain recommendations regarding
implementation of these strategies by the department of health, the
department of environmental conservation, other appropriate state agen-
cies, local governments and special districts. WHERE NECESSARY, THE
STRATEGY SHALL INCLUDE REVIEW AND ASSESSMENT OF ALL INTERSTATE WATER
MANAGEMENT AGREEMENTS OR AGREEMENTS WITH MUNICIPALITIES. In addition,
the departments shall submit to the council substate water resources
management strategies as soon as such strategies are developed. The
departments shall also report regularly to the council on the develop-
ment of the strategies and receive the council's recommendations and
directions. [Such substate] THE STATEWIDE WATER RESOURCES MANAGEMENT
STRATEGY SHALL BE MADE AVAILABLE TO THE PUBLIC ON THE COUNCIL'S WEBSITE
AND SUBMITTED TO THE LEGISLATURE WITHIN TWO WEEKS OF ITS ADOPTION.
SUBSTATE strategies shall also be available [for public inspection as
soon as] TO THE PUBLIC ON EACH DEPARTMENT'S AND THE COUNCIL'S WEBSITE
WITHIN TWO WEEKS OF THE SUBMISSION OF such strategies [are developed] TO
THE COUNCIL.
§ 6. Section 15-2909 of the environmental conservation law, as added
by chapter 509 of the laws of 1984, is amended to read as follows:
§ 15-2909. Water resources management strategy; hearings.
Upon [receipt] ADOPTION of the COMPREHENSIVE statewide water resources
management strategy [from the department of environmental conservation]
BY THE WATER RESOURCES PLANNING COUNCIL, the council shall promptly
publish once a week for three consecutive weeks in newspapers of general
circulation AND POST ON THE COUNCIL'S WEBSITE notice of public hearings
thereon. Public hearings shall be conducted in each of the [substate
areas] REGIONS represented [in the statewide strategy] BY A NON-VOTING
MEMBER OF THE COUNCIL, and shall be in accordance with regulations
adopted by the [department, subject to modification by the] council.
Such regulations shall, at a minimum, require a hearing on the record
with sworn witnesses and shall afford interested parties a reasonable
opportunity to sponsor witnesses and to question witnesses sponsored by
others, including department staff, consistent with the need to conclude
the hearings expeditiously so that a state water resources management
strategy can be adopted in a timely manner. The hearings shall not be
considered part of an adjudicatory proceeding, as defined in subdivision
three of section one hundred two of the state administrative procedure
act, or as part of a rule-making proceeding held under subdivision one
of section two hundred two of such act.
§ 7. Section 15-2911 of the environmental conservation law, as added
by chapter 509 of the laws of 1984, is amended to read as follows:
§ 15-2911. Water resources management strategy; approval.
The water resources planning council shall, as expeditiously as prac-
ticable following the conclusion of its hearings, but in no case later
S. 4291 5
than January first, [nineteen hundred eighty-eight] TWO THOUSAND TWEN-
TY-TWO, [determine] ADOPT, based on the record, [whether] the statewide
water resources management strategy [should be approved] with modifica-
tions [or disapproved, and shall state in writing the reasons for its
determination], IF ANY, BASED ON THE TESTIMONY AND PUBLIC HEARING
RECORD. [If the council has determined approval of the] THE strategy [,
it] ADOPTED BY THE COUNCIL shall be adopted by the departments of health
and environmental conservation and other appropriate state agencies [in
the form determined by the council. If the council has determined disap-
proval of the strategy, the department of environmental conservation, in
conjunction with the department of health, shall modify the strategy in
accordance with the determination issued by the council and resubmit the
strategy to the council for its action].
§ 8. Section 15-2913 of the environmental conservation law, as added
by chapter 509 of the laws of 1984, is amended to read as follows:
§ 15-2913. Water resources management strategy; revision.
From time to time and at least once every [two years] YEAR, [the
department of environmental conservation, with the participation of the
department of health] THE WATER RESOURCES PLANNING COUNCIL, WITH PARTIC-
IPATION OF ALL VOTING MEMBERS and whenever possible, [regional planning
and development boards] NON-VOTING REGIONAL MEMBERS, shall review the
strategy and shall either (a) prepare any amendments necessary to update
the strategy, or (b) issue a determination that no amendments are neces-
sary and the reasons supporting the determination. Any interested person
may seek such a review upon written application to the [department of
environmental conservation] COUNCIL for an amendment to the statewide
water resources management strategy. [Any statement issued by the
departments that no amendments are necessary shall be submitted to the
council for approval, modification or disapproval.] Amendments shall be
adopted in the same manner as the strategy itself. EVERY FOUR YEARS, A
NEW COMPREHENSIVE STATEWIDE RESOURCES MANAGEMENT STRATEGY SHALL BE
DEVELOPED AND ADOPTED BY THE WATER RESOURCES PLANNING COUNCIL AS SET
FORTH HEREIN.
§ 9. The environmental conservation law is amended by adding a new
section 15-2915 to read as follows:
§ 15-2915. REPORT TO LEGISLATURE AND GOVERNOR.
FROM TIME TO TIME, BUT NOT LESS THAN ONCE EACH YEAR, THE WATER
RESOURCES PLANNING COUNCIL SHALL SUBMIT A REPORT TO THE GOVERNOR, THE
MAJORITY LEADER OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE
STATUS AND QUALITY OF THE WATER RESOURCES OF THE STATE. WHEN REQUESTED,
THE WATER COMMISSIONER SHALL REPRESENT AND PROVIDE TESTIMONY ON BEHALF
OF THE WATER RESOURCES PLANNING COUNCIL BEFORE THE SENATE AND ASSEMBLY.
§ 10. This act shall take effect immediately.
