Assembly Bill A5104

2023-2024 Legislative Session

Establishes the public water justice act

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Current Bill Status - In Assembly 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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2023-A5104 (ACTIVE) - Details

See Senate Version of this Bill:
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§15-0109, 15-1503 & 15-1502, add §15-1508, En Con L; add §99-qq, St Fin L
Versions Introduced in 2021-2022 Legislative Session:

2023-A5104 (ACTIVE) - Summary

Establishes the public water justice act; prohibits sale of waters of the state unless otherwise specifically authorized; establishes a public water justice fund for royalties and fees collected from persons or entities authorized to sell waters of the state.

2023-A5104 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2023-2024 Regular Sessions
                           I N  A S S E M B L Y
                               March 2, 2023
 Introduced  by M. of A. GONZALEZ-ROJAS, KELLES -- read once and referred
   to the Committee on Environmental Conservation
 AN ACT to amend the environmental conservation law and the state finance
   law, in relation to establishing the public water justice act
   Section  1.  This  act  shall be known and may be cited as the "public
 water justice act".
   § 2. Legislative findings and intent.  The  legislature  hereby  finds
   1.  The  waters of the state are held by the state as sovereign and in
 public trust for the benefit of the people of the state of New York.
   2. As trustee, the state of New York shall  protect  and  sustain  the
 integrity of flows, levels, and quality of water, fish and aquatic habi-
 tat for the use and enjoyment by citizens now and in the future.
   3.  As  trustee,  and  based  on  the paramount public interest in the
 waters of the state and public health of its citizens, the  state  shall
 provide  for  and  protect  the  right of access to safe drinking water,
 water sources, public water supply, public  waterworks  and  infrastruc-
 ture,  public health, and fishing, navigation, recreation, conservation,
 and the reasonable use of water in  connection  with  the  ownership  or
 lawful occupancy of land, not limited to domestic, agricultural, commer-
 cial, industrial and public utility uses.
   §  3. Section 15-0109 of the environmental conservation law is amended
 to read as follows:
 § 15-0109. General jurisdiction.
   The department shall exercise its powers and perform its duties in any
 matter affecting the construction of improvements to or developments  of
 water  resources for the public health, safety or welfare, including but
 not limited to the supply of potable  waters  for  the  various  munici-
 palities  and  inhabitants  thereof,  the  use  of water for industrial,
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.


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