Senate Bill S4988

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4988
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2025
                                ___________
 
 Introduced  by  Sen.  BYNOE  -- 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  a
   smart  irrigation  device  rebate  pilot program in Nassau and Suffolk
   counties; and providing for the repeal of  such  provisions  upon  the
   expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 15-0601 of the environmental  conservation  law  is
 amended  by  adding  four  new  subdivisions  4,  5,  6 and 7 to read as
 follows:
   4. "RESIDENT APPLICANT" SHALL MEAN A  RESIDENT  OF  NASSAU  COUNTY  OR
 SUFFOLK COUNTY OWNING OR RESIDING IN A ONE TO FOUR FAMILY HOME.
   5.  "COMMERCIAL  APPLICANT"  SHALL MEAN A COMMERCIAL BUSINESS, PRIVATE
 SCHOOL,  UNIVERSITY,  NOT-FOR-PROFIT  CORPORATION,  OR  OTHER  NONPROFIT
 ORGANIZATION LOCATED WITHIN NASSAU OR SUFFOLK COUNTIES.
   6.  "ELIGIBLE  SMART  IRRIGATION DEVICE" SHALL MEAN A SMART IRRIGATION
 DEVICE THAT IS NEW, HAS NOT  BEEN  USED  OR  PREVIOUSLY  OWNED,  AND  IS
 PURCHASED FROM A STOREFRONT OR ONLINE RETAILER.
   7.  "SMART  IRRIGATION DEVICE" SHALL MEAN ANY DEVICE WHICH IS INTENDED
 TO BE USED OR IS ACTUALLY USED FOR THE IRRIGATION OF STORMWATER AND  THE
 MONITORING OF LOCAL WEATHER DATA TO AUTOMATICALLY ALTER IRRIGATION SCHE-
 DULES  BASED ON SUCH DATA, AND SHALL INCLUDE SUCH DEVICES AS SMART IRRI-
 GATION CONTROLLERS AND SMART SPRINKLER SYSTEMS.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 15-0609 to read as follows:
 § 15-0609. SMART  IRRIGATION  DEVICE  REBATE PILOT PROGRAM IN NASSAU AND
              SUFFOLK COUNTIES.
   1. THERE IS HEREBY CREATED WITHIN THE DEPARTMENT  A  SMART  IRRIGATION
 DEVICE  REBATE  PILOT  PROGRAM. THE LEGISLATURE FINDS THAT THE SUPPLY OF
 WATER FROM LONG ISLAND'S AQUIFERS IS A PRECIOUS AND FINITE RESOURCE THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09546-02-5
              

 S. 4988                             2
 
 IS SPECIFICALLY THREATENED BY SALTWATER INTRUSION.  SALTWATER  INTRUSION
 AFFECTS  MANY  COMMUNITIES  ON  LONG  ISLAND, INCLUDING THE CITY OF LONG
 BEACH, WHICH OVER THE PAST FORTY-FIVE YEARS AT LEAST, HAS SEEN THE  SLOW
 YET  STEADY INTRUSION OF SUCH SALTWATER INTO THE SHALLOWER LAYERS OF THE
 LLOYD AQUIFER, WHICH SUPPLIES THE CITY'S WATER.    IT  IS  ESSENTIAL  TO
 PROPERLY  MANAGE  THE  USE  OF  WATER  IN ORDER TO ASSURE THAT THE WATER
 SUPPLY WILL BE SUFFICIENT TO MEET CURRENT AND FUTURE  NEEDS.  THE  IRRI-
 GATION  OF COMMERCIAL AND RESIDENTIAL LAWNS AND GARDENS PLACES A SIGNIF-
 ICANT DEMAND ON THE WATER SUPPLY AND CONSERVATION EFFORTS  ARE  A  CRIT-
 ICALLY  IMPORTANT  PART  OF PROPER MANAGEMENT OF SUCH WATER SUPPLY. DATA
 PROVIDED BY THE UNITED STATES  GEOLOGICAL  SURVEY  INDICATES  THAT  LONG
 ISLAND  RESIDENTS USE SEVENTY PERCENT MORE WATER THAN THE NATIONAL AVER-
 AGE; AND, CONSUMPTION SPIKES IN THE PEAK WATER PUMPAGE SEASON DURING THE
 SUMMER, MAINLY BECAUSE OF LAWN IRRIGATION.  FURTHERMORE, IN TWO THOUSAND
 SEVENTEEN, THE DEPARTMENT REQUIRED PUBLIC  WATER  SUPPLIERS  TO  DEVELOP
 PLANS  TO REDUCE PEAK SEASON WATER PUMPAGE BY FIFTEEN PERCENT. ACCORDING
 TO DATA FROM A TWO THOUSAND TWENTY-THREE REPORT  FROM  THE  LONG  ISLAND
 COMMISSION FOR AQUIFER PROTECTION, INCREASED IRRIGATION CONTROL IS NEED-
 ED AS PEAK WATER PUMPAGE IN NASSAU COUNTY WAS THREE AND ONE-HALF PERCENT
 LOWER  THAN THE AVERAGE FOR THE PREVIOUS DECADE; AND, IN SUFFOLK COUNTY,
 WATER USE ACTUALLY INCREASED.  ADDITIONALLY,  SMART  IRRIGATION  SYSTEMS
 HAVE  A BENEFICIAL IMPACT ON CONSERVING WATER AND ENSURE A HIGH LEVEL OF
 LAWNCARE BEAUTIFICATION BY COMMERCIAL BUSINESSES AND RESIDENTS.   THERE-
 FORE, THE PURPOSE OF THE PROGRAM IS TO REDUCE WATER CONSUMPTION, PROPER-
 LY  MANAGE  THE  USE  OF WATER TO MEET CURRENT AND FUTURE NEEDS, ENHANCE
 CONSERVATION EFFORTS AND INCREASE EFFECTIVE IRRIGATION  TECHNIQUES.  THE
 COUNTIES OF NASSAU AND SUFFOLK CAN BENEFIT FROM SUCH PROGRAM.
   2.  IN  NASSAU  AND  SUFFOLK  COUNTIES,  THE DEPARTMENT SHALL CREATE A
 PROGRAM, WITHIN EXISTING APPROPRIATIONS, TO AWARD REBATES TO  COMMERCIAL
 APPLICANTS AND RESIDENTS WITHIN NASSAU AND SUFFOLK COUNTIES FOR ELIGIBLE
 SMART IRRIGATION DEVICES IN AMOUNTS DETERMINED BY THE DEPARTMENT.
   3.  THE  DEPARTMENT  SHALL  DETERMINE THE MAXIMUM REBATE ALLOWABLE FOR
 COMMERCIAL APPLICANTS AND FOR RESIDENT APPLICANTS IN ACCORDANCE WITH THE
 REQUIREMENTS OF THIS SECTION AND RULES PROMULGATED  BY  THE  DEPARTMENT;
 PROVIDED,  HOWEVER,  THAT  THE  DEPARTMENT  SHALL  RESEARCH SUCH MAXIMUM
 REBATE ALLOWABLE FOR COMMERCIAL AND RESIDENT APPLICANTS BASED ON  EFFEC-
 TIVENESS  OF  PRODUCTS AT THE LOWEST PRICE POINT. REBATES SHALL BE ALLO-
 CATED TO APPLICANTS ON A FIRST-COME, FIRST-SERVED BASIS,  DETERMINED  BY
 THE  DATE  THE  APPLICATION IS RECEIVED, FOR SYSTEMS PURCHASED AFTER THE
 EFFECTIVE DATE OF THIS SECTION, UNTIL ALL  APPROPRIATED  FUNDS  FOR  THE
 FISCAL YEAR ARE EXPENDED OR THE PROGRAM ENDS, WHICHEVER COMES FIRST.
   4.  THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
 AND ADMINISTER THE PROVISIONS OF THIS SECTION, INCLUDING RULES AND REGU-
 LATIONS RELATING TO THE TYPES OF SMART IRRIGATION DEVICES COVERED  UNDER
 THIS  SECTION  AND REBATE AMOUNTS FOR SUCH DEVICES, THE FORMS, PROCEDURE
 AND GUIDELINES REQUIRED TO CLAIM A REBATE,  THE  REQUIRED  DOCUMENTATION
 AND  BASIS  FOR ESTABLISHING ELIGIBILITY FOR A REBATE, THE COLLECTION OF
 ECONOMIC IMPACT DATA FROM APPLICANTS, AND  ANY  OTHER  REQUIREMENTS  THE
 AUTHORITY  DEEMS  NECESSARY.  IN THE COURSE OF DEVELOPING SUCH RULES AND
 REGULATIONS, THE DEPARTMENT SHALL CONSULT  WITH  RELEVANT  STAKEHOLDERS,
 INCLUDING  THE  NASSAU  COUNTY  DEPARTMENT OF HEALTH, THE SUFFOLK COUNTY
 DEPARTMENT OF HEALTH AND RETAILERS  SELLING  ELIGIBLE  SMART  IRRIGATION
 DEVICES.  THE  DEPARTMENT  SHALL  CONDUCT  EDUCATION  AND OUTREACH, WITH
 INFORMATIONAL MATERIALS MADE AVAILABLE IN AT LEAST ENGLISH AND THE THREE
 MOST COMMON NON-ENGLISH LANGUAGES SPOKEN BY  INDIVIDUALS  WITH  LIMITED-
 ENGLISH  PROFICIENCY  IN  NASSAU  AND  SUFFOLK COUNTIES, BASED ON UNITED
 S. 4988                             3
 
 STATES CENSUS DATA, AS NECESSARY  TO  INFORM  POTENTIAL  APPLICANTS  AND
 MANUFACTURERS  AND RETAILERS OF SMART IRRIGATION DEVICES ABOUT THE SMART
 IRRIGATION EQUIPMENT REBATE PILOT PROGRAM.
   5.  THE  DEPARTMENT  SHALL  DETERMINE AND PUBLISH ON ITS WEBSITE ON AN
 ONGOING BASIS THE AMOUNT OF AVAILABLE FUNDING FOR REBATES  REMAINING  IN
 EACH FISCAL YEAR.
   6.  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE DEPARTMENT SHALL ISSUE A REPORT TO THE TEMPORARY  PRESIDENT  OF  THE
 SENATE AND THE SPEAKER OF THE ASSEMBLY DETAILING THE STATUS OF THE SMART
 IRRIGATION  DEVICE  REBATE PILOT PROGRAM IN NASSAU AND SUFFOLK COUNTIES.
 SUCH REPORT SHALL INCLUDE:
   (A) THE AMOUNT OF FUNDING DEDICATED BY THE DEPARTMENT FOR THE  PROGRAM
 IN THE PRECEDING YEAR;
   (B) THE AMOUNT OF ELIGIBLE PURCHASES FOR WHICH A REBATE WAS AWARDED;
   (C) THE AMOUNT AND GEOGRAPHIC DISTRIBUTION OF REBATES;
   (D) RECOMMENDATIONS TO IMPROVE PROGRAM EFFECTIVENESS, INCLUDING WHETH-
 ER  SUCH  ELIGIBLE  SMART IRRIGATION DEVICES SHOULD BECOME TAX EXEMPT TO
 INCREASE UPTAKE BY COMMERCIAL AND RESIDENTIAL APPLICANTS; AND
   (E) ANY OTHER INFORMATION THE DEPARTMENT DEEMS NECESSARY.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed repealed one year after it shall have become a law.