S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5022
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- 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
   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.    IN  SUCH  AREAS, THE BEST AVAILABLE TECHNOLOGY SHALL BE APPLIED
 WITH SPECIAL EMPHASIS ON REDUCING NITROGEN POLLUTION.
   § 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:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03770-02-1

 S. 5022                             2
 
 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.