Senate Bill S8620

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8620
 
                             I N  S E N A T E
 
                             February 22, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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
   protection  of  water reservoirs and impoundments that serve as poten-
   tial inter-municipal sources of potable water supplies

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  15-1301 of the environmental
 conservation law is amended to read as follows:
   2. "Public water supply system" means the public treatment facilities,
 transmission facilities and source of supply facilities to provide water
 for residential, commercial, industrial and fire service needs for areas
 located in two or  more  municipalities,  AND  SHALL  INCLUDE  POTENTIAL
 INTER-MUNICIPAL  SOURCES  OF WATER LOCATED IN IMPOUNDMENTS IN THE COURSE
 OF A STREAM.
   § 2. Subdivision 13 of section 15-1502 of the environmental  conserva-
 tion  law,  as  added  by chapter 401 of the laws of 2011, is amended to
 read as follows:
   13. "Public water supply system" shall mean  a  permanently  installed
 water  withdrawal  system  including  its  source,  collection, pumping,
 treatment, transmission, storage and  distribution  facilities  used  in
 connection  with  such system, which provides piped potable water to the
 public for potable purposes, if such system has at  least  five  service
 connections  used  by  year-round  residents. IT SHALL INCLUDE POTENTIAL
 INTER-MUNICIPAL SOURCES OF WATER LOCATED IN IMPOUNDMENTS IN  THE  COURSE
 OF A STREAM.
   §  3.  Subdivision 2 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:
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09974-01-3
              

 S. 8620                             2
 
 17-030l OF THIS CHAPTER, any of the following classifications or  stand-
 ards:
   AA and AA (T),
   A and A (T),
   B and B (T),
   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.
 POTENTIAL INTER-MUNICIPAL WATER SUPPLIES LOCATED IN IMPOUNDMENTS IN  THE
 COURSE  OF A STREAM, AND THEIR IMMEDIATE WATERSHEDS, SHALL BE CLASSIFIED
 AS AA AND ARE TO BE ACCORDED THE PROTECTION OF  WATER  QUALITY  PROVIDED
 FOR IN SUBDIVISION ONE OF SECTION 15-1501 OF THIS ARTICLE.
   §  4.  Subdivision 6 of section 15-1503 of the environmental conserva-
 tion law, as added by chapter 401 of the laws of  2011,  is  amended  to
 read as follows:
   6.  A  new  permit  for  a  water withdrawal system and any subsequent
 renewal thereof shall be valid for a period of time not  to  exceed  ten
 years  from  the  date  of issuance. A new permit or permit modification
 must be obtained from the department prior to any transfer or change  of
 ownership  of a water withdrawal system. THESE PERMIT REQUIREMENTS APPLY
 TO POTENTIAL INTER-MUNICIPAL WATER SUPPLIES LOCATED IN  IMPOUNDMENTS  IN
 THE COURSE OF A STREAM.
   § 5. This act shall take effect immediately.