S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7723
 
                             I N  S E N A T E
 
                              January 7, 2022
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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; and to amend a chapter of the  laws  of  2021
   amending  the  environmental conservation law relating to limiting the
   exceptions to certain effluent limitations in Nassau and Suffolk coun-
   ties 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,  as  proposed in legislative bills numbers S. 5022 and A.
   4637, in relation to the effectiveness thereof
 
   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 amended by a chapter of the laws of  2021  amending
 the  environmental  conservation law relating 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 eligi-
 bility, as proposed in legislative bills numbers S. 5022 and A. 4637, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              
             
                          
                                                                            LBD03770-03-2
 S. 7723                             2
 
 article fifty-five of this chapter or  in  Nassau  or  Suffolk  counties
 where  such  discharges  will  impact  marine waters within ten years or
 less.  In such areas, the best available  technology,  THAT  IS  ECONOM-
 ICALLY  FEASIBLE  AND COST EFFECTIVE BASED ON AN ANALYSIS THAT CONSIDERS
 DIRECT AND AVOIDED ECONOMIC AND ENVIRONMENTAL COSTS,  shall  be  applied
 with special emphasis on reducing nitrogen pollution.
   §  2. Section 4 of a chapter of the laws of 2021 amending the environ-
 mental conservation law relating 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 waste-
 water  planning  into  consideration  when  determining  eligibility, as
 proposed in legislative bills numbers S. 5022 and A. 4637, os amended to
 read as follows:
   § 4. This act shall take effect [immediately]  ON  THE  NINETIETH  DAY
 AFTER  IT  SHALL HAVE BECOME A LAW and shall apply to all permits issued
 after such date.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  one  of  this act shall take effect on the same date and in the
 same manner as a chapter of the laws of 2021 amending the  environmental
 conservation law relating to limiting the exceptions to certain effluent
 limitations  in Nassau and Suffolk counties and requiring certain eligi-
 ble projects for state aid involving water pollution  control  revolving
 fund agreements to take county-wide or regional wastewater planning into
 consideration  when  determining eligibility, as proposed in legislative
 bills numbers S. 5022 and A. 4637, takes effect.