S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1725--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced by Sens. HARCKHAM, FERNANDEZ, HOYLMAN-SIGAL -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Environmental Conservation -- reported favorably from  said  committee
   and  committed  to  the  Committee on Finance -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to amend the environmental conservation law, in relation to the
   protection of certain streams
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  15-0501 of the environmental
 conservation law, as amended by chapter 233 of  the  laws  of  1979,  is
 amended to read as follows:
   2. For the purposes of this section, stream shall mean that portion of
 any  fresh  surface  watercourse, except lakes or ponds having a surface
 area greater than ten acres at mean  low  water  level,  for  which  the
 department  has  adopted  or  may  hereafter  adopt  pursuant to section
 17-030l, any of the following classifications or standards:
   AA and AA (T),
   A and A (T),
   B and B (T),
   C AND C (T)
   Small ponds or lakes with a surface area at mean low  water  level  of
 ten  acres  or less, located in the course of a stream, shall be consid-
 ered a part of the stream and subject to regulation under this section.
   § 2. Subdivision 4 of section 15-0501 of the  environmental  conserva-
 tion  law,  as amended by chapter 233 of the laws of 1979, is amended to
 read as follows:
   4. A. No permit under this section shall  be  required  of  any  local
 public corporation which has entered into a written memorandum of under-
 standing  with  the  department establishing the plan of operation to be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04957-02-3
              

 S. 1725--A                          2
 
 followed in carrying out projects or work affecting water courses so  as
 to  afford proper protection to the public beneficial uses of such water
 courses.
   B.  NO  PERMIT  UNDER  THIS  SECTION WITH RESPECT TO ANY STREAM WITH A
 CLASSIFICATION OF C SHALL BE REQUIRED OF A SOIL AND  WATER  CONSERVATION
 DISTRICT  AS DEFINED IN SUBDIVISION ONE OF SECTION THREE OF THE SOIL AND
 WATER CONSERVATION DISTRICTS LAW WHICH HAS ENTERED INTO A WRITTEN  MEMO-
 RANDUM  OF  UNDERSTANDING  WITH  THE DEPARTMENT ESTABLISHING THE PLAN OF
 OPERATION TO BE FOLLOWED IN CARRYING OUT PROJECTS OR WORK AFFECTING SUCH
 WATER COURSES SO AS TO AFFORD PROPER PROTECTION TO THE PUBLIC BENEFICIAL
 USES OF SUCH WATER COURSES.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.