Assembly Bill A8617A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8617--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 22, 2025
                                ___________
 
 Introduced by M. of A. McDONALD, STECK, LEVENBERG, WOERNER, BLANKENBUSH,
   MILLER, SIMPSON -- read once and referred to the Committee on Environ-
   mental  Conservation  -- recommitted to the Committee on Environmental
   Conservation in accordance with Assembly Rule 3, sec. 2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   enacting the "Mohawk River Basin management act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Mohawk River Basin management act".
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 11-0306-b to read as follows:
 § 11-0306-B. MOHAWK RIVER BASIN MANAGEMENT PROGRAM.
   1.  THERE  IS  HEREBY  ESTABLISHED A MOHAWK RIVER BASIN DISTRICT WHICH
 SHALL INCLUDE THE MOHAWK RIVER FROM ITS HEADWATERS IN  LEWIS  COUNTY  TO
 ITS  MOUTH AT THE HUDSON RIVER AT COHOES. THE DISTRICT SHALL INCLUDE THE
 MOHAWK RIVER'S WATERSHED, INCLUDING ALL TRIBUTARIES AND THE  PORTION  OF
 THE  NEW  YORK  STATE  BARGE CANAL THAT IS IN OR CONNECTED TO THE MOHAWK
 RIVER.
   2. THE DEPARTMENT SHALL ESTABLISH AND MAINTAIN A  MOHAWK  RIVER  BASIN
 MANAGEMENT  PROGRAM  FOR  THE  MOHAWK  RIVER BASIN DISTRICT, IN ORDER TO
 PRESERVE, PROTECT, RESTORE AND ENHANCE THE QUALITY OF THE  MOHAWK  RIVER
 BASIN DISTRICT, AND TO PROMOTE THE INTEGRATED AND COORDINATED MANAGEMENT
 OF  ITS WATERSHED, WITH CONSIDERATION TO THE MOHAWK RIVER'S INFLUENCE ON
 THE HUDSON RIVER AND ESTUARY, AS WELL AS THE INFLUENCE OF THE  NEW  YORK
 STATE BARGE CANAL.
   3.  THE  COMMISSIONER  SHALL  APPOINT  A MOHAWK RIVER BASIN MANAGEMENT
 ADVISORY COMMITTEE TO PROVIDE GUIDANCE ON REGULATORY, POLICY, AND  OTHER
 MATTERS  AFFECTING  THE  MANAGEMENT,  PROTECTION,  AND USE OF THE MOHAWK
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13076-02-6
              

 A. 8617--A                          2
 
 RIVER BASIN DISTRICT AND TO ASSIST IN THE DEVELOPMENT OF A MOHAWK  RIVER
 BASIN  MANAGEMENT  PROGRAM. THE COMMITTEE SHALL CONSIST OF NOT LESS THAN
 ELEVEN MEMBERS REPRESENTING INTERESTS DIRECTLY INVOLVED  IN  THE  MOHAWK
 RIVER  BASIN  DISTRICT,  INCLUDING BUT NOT LIMITED TO REPRESENTATIVES OF
 DRINKING WATER SUPPLIERS, RECREATIONAL FISHING, RECREATIONAL AND COMMER-
 CIAL BOATING, TOURISM, RESEARCH, CONSERVATION, NATURAL RESOURCES MANAGE-
 MENT, AGRICULTURE AND REGIONAL PLANNING. THE MOHAWK RIVER BASIN  MANAGE-
 MENT  ADVISORY  COMMITTEE  SHALL  ALSO  INCLUDE  EX-OFFICIO  MEMBERS  OF
 RELEVANT STATE AGENCIES AND AUTHORITIES, AS DETERMINED TO BE  NEEDED  BY
 THE  COMMISSIONER  BY  INVITATION.  REPRESENTATIVES  OF RELEVANT FEDERAL
 AGENCIES MAY ALSO BE INVITED TO PARTICIPATE AS EX-OFFICIO MEMBERS.
   4. THE COMMISSIONER SHALL MAINTAIN IN THE DEPARTMENT THE  POSITION  OF
 MOHAWK WATERSHED COORDINATOR TO ASSIST THE COMMISSIONER AND THE ADVISORY
 COMMITTEE  IN  THE  IMPLEMENTATION  OF THE MOHAWK RIVER BASIN MANAGEMENT
 PROGRAM.
   5. THE DEPARTMENT, IN COOPERATION WITH THE MOHAWK RIVER BASIN  MANAGE-
 MENT  ADVISORY  COMMITTEE,  SHALL  PUBLISH AN ECOSYSTEM-BASED MANAGEMENT
 STRATEGY FOR THE MOHAWK RIVER BASIN DISTRICT AND  AN  ACTION  AGENDA  TO
 IMPLEMENT THE IDENTIFIED MANAGEMENT STRATEGIES. THE ACTION AGENDA SHOULD
 BE  UPDATED BY JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT AND ON A REGULAR
 BASIS THEREAFTER, AT INTERVALS NOT GREATER THAN TEN  YEARS.  SUBJECT  TO
 CONSULTATION  WITH THE MOHAWK RIVER BASIN MANAGEMENT ADVISORY COMMITTEE,
 THE MANAGEMENT STRATEGY AND ACTION AGENDA  SHALL  INCLUDE,  BUT  NOT  BE
 LIMITED  TO  STRATEGIES  TO ADDRESS ISSUES RELATED TO CLIMATE CHANGE AND
 RESILIENCE, LAND USE AND DEVELOPMENT, FISHERIES AND HABITATS, POINT  AND
 NON-POINT SOURCE POLLUTION, DRINKING WATER, RECREATION AND CANAL INFRAS-
 TRUCTURE.  SUBJECT  TO CONSULTATION WITH THE MOHAWK RIVER BASIN ADVISORY
 COMMITTEE, THE MANAGEMENT STRATEGY AND ACTION AGENDA SHALL INCLUDE,  BUT
 NOT BE LIMITED TO THE FOLLOWING GOALS: IMPROVING WATER QUALITY TO REDUCE
 RISKS  TO  HUMAN  HEALTH,  SAFEGUARD WATER SUPPLIES, PROVIDE SAFE RECRE-
 ATIONAL OPPORTUNITIES AND PROTECT AQUATIC HABITATS; ENHANCING  FISHERIES
 AND  HABITATS TO INCREASE FISH POPULATIONS, MITIGATE THE SPREAD OF INVA-
 SIVE SPECIES AND SUPPORT RECREATIONAL ANGLING OPPORTUNITIES;  SUPPORTING
 COMMUNITY  PLANNING  AND  THE  SUSTAINABLE  USE OF WORKING LANDSCAPES TO
 ENHANCE THE RESILIENCE OF MOHAWK RIVER COMMUNITIES AND THEIR ABILITY  TO
 RECOVER  FROM EXTREME WEATHER EVENTS AND DISTURBANCES; AND IMPROVING AND
 INCREASING RECREATION AND STEWARDSHIP BY CREATING AND FOSTERING PARTNER-
 SHIPS AND STAKEHOLDER ENGAGEMENT THROUGH EDUCATION, OUTREACH AND COLLAB-
 ORATION.
   6. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION,  THE  MOHAWK
 WATERSHED  COORDINATOR  APPOINTED  PURSUANT  TO SUBDIVISION FOUR OF THIS
 SECTION SHALL DEVELOP A PLAN FOR THE PREVENTION OF THE PROLIFERATION  OF
 ALL  TAXA  OF  AQUATIC  INVASIVE SPECIES IN AND THROUGH THE MOHAWK RIVER
 BASIN DISTRICT, IN CONSULTATION WITH THE DEPARTMENT, THE NEW YORK  STATE
 CANAL  CORPORATION,  AND THE MOHAWK RIVER BASIN PROGRAM ADVISORY COMMIT-
 TEE.  SUCH PLAN SHALL BE SUBMITTED TO THE COMMISSIONER  AND  THE  CHAIR-
 PERSONS OF THE ASSEMBLY AND SENATE COMMITTEES ON ENVIRONMENTAL CONSERVA-
 TION AND POSTED ON THE DEPARTMENT'S WEBSITE NO LATER THAN ONE YEAR AFTER
 THE  EFFECTIVE  DATE OF THIS SECTION. THE PLAN SHALL IDENTIFY STRATEGIES
 TO PREVENT THE PASSAGE OF AQUATIC  INVASIVE  SPECIES  ACROSS  HISTORICAL
 WATERSHED  DIVIDES  CONNECTED  VIA  THE NEW YORK STATE BARGE CANAL. SUCH
 PLAN SHALL THEN BE INTEGRATED INTO THE  ACTION  AGENDA  DEVELOPED  UNDER
 SUBDIVISION FIVE OF THIS SECTION.
   7. ON OR BEFORE JANUARY FIRST OF EACH YEAR, THE MOHAWK WATERSHED COOR-
 DINATOR  SHALL  REPORT ON THE PROGRESS OF THE MOHAWK RIVER BASIN MANAGE-
 MENT PROGRAM, INCLUDING VIA A REPORT SUBMITTED TO  THE  CHAIRPERSONS  OF
 A. 8617--A                          3

 THE  ASSEMBLY  AND SENATE COMMITTEES ON ENVIRONMENTAL CONSERVATION ON OR
 BEFORE MARCH FIRST OF EACH YEAR AND POSTED ON THE DEPARTMENT'S WEBSITE.
   8.  THE  MOHAWK RIVER BASIN MANAGEMENT ADVISORY COMMITTEE SHALL REPORT
 TO THE COMMISSIONER FROM TIME TO TIME,  AND  AT  LEAST  ANNUALLY  ON  OR
 BEFORE  DECEMBER  FIRST  OF  EACH  YEAR ON ITS ACTIVITIES, CONCERNS, AND
 RECOMMENDATIONS FOR THE MOHAWK RIVER BASIN DISTRICT.
   9. THE MOHAWK WATERSHED COORDINATOR  SHALL  CONSULT  WITH  THE  MOHAWK
 RIVER  BASIN  MANAGEMENT  ADVISORY  COMMITTEE REGULARLY IN PREPARING AND
 IMPLEMENTING THE WATERSHED MANAGEMENT STRATEGY AND ACTION  AGENDA  UNDER
 THIS SECTION, AS WELL AS RELEVANT REGULATORY OR POLICY CHANGES AFFECTING
 THE MOHAWK RIVER BASIN DISTRICT.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.