STATE OF NEW YORK
________________________________________________________________________
9788--A
IN ASSEMBLY
May 22, 2014
___________
Introduced by M. of A. SWEENEY, THIELE, ENGLEBRIGHT, HENNESSEY --
Multi-Sponsored by -- M. of A. LAVINE, SOLAGES -- read once and
referred to the Committee on Environmental Conservation -- reported
and referred to the Committee on Ways and Means -- reported and
referred to the Committee on Rules -- Rules Committee discharged, bill
amended, ordered reprinted as amended and recommitted to the Committee
on Rules
AN ACT to establish the "Long Island water quality control act"; and to
amend the environmental conservation law, in relation to the Long
Island commission on aquifer protection
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Long
2 Island water quality control act".
3 § 2. Legislative intent. Long Island's water resources are unique in
4 the region, unusual in the nation, and of exceptional importance to the
5 state of New York because of the economic, environmental and public
6 health values that Long Island's water resources provide to the millions
7 of people who live and recreate on Long Island.
8 Long Island has been designated as a federal sole source aquifer; nine
9 special groundwater protection areas have been established across the
10 region; and three estuary based watershed planning efforts have been
11 created - in the Peconic Bay, the Long Island Sound, and the state-de-
12 signated South Shore Estuary Reserve.
13 In spite of these designations and other planning efforts, Long
14 Island's water resources have continued to be impacted by increasing
15 quantities of nutrients, pathogens, pesticides, volatile organic contam-
16 inants and saltwater intrusion, as well as a number of emerging threats
17 such as prescription drugs and sea level rise.
18 In response to these environmental impacts, the region has already
19 experienced an increasing number of harmful algal blooms and other docu-
20 mented declines in key biological indicators which demonstrate continued
21 and increasing stress on the region's groundwater resources and coastal
22 ecosystems.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15313-02-4
A. 9788--A 2
1 Continued water quality and coastal habitat decline, will result in
2 more harmful algal blooms, shellfishing closures, beach closures, and
3 fishing restrictions, along with the further contamination of private
4 and public wells. These impacts will inevitably have significant nega-
5 tive effects on the tourism economy of Long Island--and on the quality
6 of life and public health for the millions of residents of the region.
7 § 3. Article 15 of the environmental conservation law is amended by
8 adding a new title 35 to read as follows:
9 TITLE 35
10 LONG ISLAND WATER QUALITY CONTROL ACT
11 Section 15-3501. Decentralized wastewater management authorization.
12 15-3503. Long Island groundwater management goal.
13 15-3505. Denitrification system requirements.
14 15-3507. Increased hazardous and industrial waste collection
15 days.
16 15-3509. State of the aquifer report.
17 15-3511. Automatic sprinkler requirements.
18 15-3513. Long Island pesticide evaluation report.
19 15-3515. Long Island water quality criteria.
20 15-3517. Management of fertilizer and pesticides to ensure Long
21 Island water quality.
22 15-3519. Decentralized wastewater system pilot program.
23 15-3521. Restrictions on cesspool repairs.
24 § 15-3501. Decentralized wastewater management authorization.
25 Nothing contained in title twelve of article five of the public
26 authorities law shall be construed to prohibit the construction of
27 decentralized wastewater management systems on Long Island. The environ-
28 mental facilities corporation shall facilitate the development of decen-
29 tralized wastewater management systems including, but not limited to,
30 the preparation of planning guidance for decentralized wastewater
31 management systems.
32 § 15-3503. Long Island groundwater management goal.
33 The department shall regulate all groundwater and surface water in
34 Nassau and Suffolk counties for long-term sustainability to ensure its
35 best usage as drinking water supply and to protect and restore the
36 ecological integrity of Long Island's surface waters.
37 § 15-3505. Denitrification system requirements.
38 On and after January first, two thousand seventeen, all new
39 construction and substantial reconstruction in any priority nitrogen-re-
40 duction areas designated by the county, shall utilize denitrification
41 systems, from a list of approved systems developed by Suffolk and Nassau
42 counties, in consultation with the department.
43 § 15-3507. Increased hazardous and industrial waste collection days.
44 In assessing any environmental benefit projects in Nassau and Suffolk
45 counties resulting from violations of this article and articles seven-
46 teen, twenty-three, twenty-four, and thirty-three of this chapter, the
47 department shall give priority to the funding of hazardous waste and
48 industry collection days. Any such projects shall enhance, and not
49 diminish, existing collection events.
50 § 15-3509. State of the aquifer report.
51 The "Long Island commission on aquifer protection" shall mean the
52 entity jointly created by Nassau and Suffolk counties, pursuant to
53 Nassau County resolution number 107-2013 and Suffolk County resolution
54 number 85-2013, to address water quality issues, including groundwater
55 quality, on a broad geographic scale.
A. 9788--A 3
1 The Long Island commission on aquifer protection shall prepare a
2 "State of the Aquifer" report within one year and update such report
3 annually; provided, however, that should such commission cease to exist,
4 the department shall perform such function.
5 § 15-3511. Automatic sprinkler requirements.
6 Any automatic sprinkler system installed in Nassau and Suffolk county
7 on or after January first, two thousand sixteen shall be equipped with a
8 rain sensor device or switch that will automatically override the irri-
9 gation cycle of such sprinkler when adequate rainfall has occurred.
10 § 15-3513. Long Island pesticide evaluation report.
11 In addition to the development of the water resources management stra-
12 tegy required pursuant to section 15-2907 of this article, the depart-
13 ment, in consultation with the regional planning board established
14 pursuant to section 15-1105 of this article, Nassau and Suffolk county
15 departments of health, the Long Island commission on aquifer protection
16 and interested stakeholders (including but not limited to planning,
17 environmental, civic, agriculture or industry groups) shall, not later
18 than December thirty-first, two thousand fifteen, and every two years
19 thereafter, prepare a comprehensive Long Island pesticide evaluation
20 report. Such report shall include an evaluation of the extent of pesti-
21 cide-related contamination, with an action plan and expected plan
22 adoption date, which shall not be later than twenty-four months after
23 the publication of the report. The action plan shall prioritize the
24 evaluation of those registered pesticides that appear in clustered
25 detections in Long Island groundwater as recognized in the Suffolk coun-
26 ty department of health water quality monitoring conducted between two
27 thousand one and two thousand ten, and make specific recommendations to
28 prevent and/or remediate future pesticide contamination. Prior to final-
29 izing such report, and following adequate public notice, the department
30 shall hold not less than two hearings on Long Island and shall adopt a
31 public comment period of no less than sixty days.
32 § 15-3515. Long Island water quality criteria.
33 As promptly as possible, but no later than twenty-four months after
34 the effective date of this section, and following not less than two
35 public hearings, the department, in consultation with county health
36 departments and the Long Island commission on aquifer protection, shall
37 promulgate rules and regulations establishing both narrative and numeric
38 water quality criteria for Long Island's ground and surface waters on a
39 watershed basis, to protect and restore the physical, biological and
40 chemical integrity of Long Island's waters. Such criteria shall give
41 priority to limiting nutrients, particularly nitrogen. In establishing
42 such criteria, consideration shall be given to nutrient loading, fate
43 and effect assessments for limiting nutrients, biological productivity,
44 biological indicators including the presence of harmful algal blooms,
45 and total watershed loading. The resulting criteria should be a factor
46 in determining what water bodies are listed on the impaired water bodies
47 list pursuant to section 303(d) of the federal Clean Water Act.
48 § 15-3517. Management of fertilizer and pesticides to ensure Long Island
49 water quality.
50 The department, in consultation with the department of agriculture and
51 markets, the Nassau and Suffolk counties soil and water districts and
52 Cornell College of Agriculture and Life Sciences, shall prepare guidance
53 documents for farmers in Nassau and Suffolk counties for nutrient
54 reduction and outlining recommended fertilizer and pesticides applica-
55 tion rates for crops to ensure consideration of groundwater management
56 principles including recommendations on the timing and manner of appli-
A. 9788--A 4
1 cation. In addition, the department of agriculture and markets shall
2 include consideration of Long Island groundwater management in its exer-
3 cise of authority pursuant to article ten of the agriculture and markets
4 law and the department shall include consideration of Long Island
5 groundwater management in its exercise of authority pursuant to article
6 thirty-three of this chapter.
7 § 15-3519. Decentralized wastewater system pilot program.
8 As promptly as possible, but no later than twenty-four months after
9 the effective date of this section, the environmental facilities corpo-
10 ration shall conduct a pilot program to finance small scale community
11 wastewater systems, in areas identified as priority sewering areas by
12 the department, based upon recommendations from the Nassau and Suffolk
13 counties health departments and the Long Island commission on aquifer
14 protection.
15 § 15-3521. Restrictions on cesspool repairs.
16 After January first, two thousand seventeen, cesspools in areas desig-
17 nated as a priority sewering area shall not be repaired unless the
18 repair is minor in nature. In lieu of repairs, a system that complies
19 with current sanitary code must be installed. If a conforming system
20 cannot be installed on the property, the county health department has
21 discretion to approve a nonconforming system, provided the system design
22 is protective of human health and the environment.
23 § 4. The department of environmental conservation shall have authority
24 to enter into agreements to delegate authority provided pursuant to this
25 act to county departments of health provided that such delegation shall
26 not in anyway obviate any of the department's responsibilities pursuant
27 to this act.
28 § 5. The section heading and subdivisions 1 and 8 of section 15-1103
29 of the environmental conservation law are amended to read as follows:
30 Petition; proceedings[; exclusion of certain counties].
31 1. Any county, city, town or village, when duly authorized to do so,
32 or any combination thereof, [except as provided in subdivision 7 here-
33 of,] may submit to the department a verified petition requesting the
34 department to consider a proposal for a survey and study of the water
35 resources of a specified region of which the petitioning municipality is
36 a part, for the purpose of preparing and providing a comprehensive plan
37 or plans for the protection, conservation, development and beneficial
38 use of such resources. Any such petition, prior to its submission to the
39 department, must be approved by the county legislative body of each
40 county wholly or partly within the specified region. The petition shall
41 set forth the facts upon which the petitioner or petitioners rely to
42 show that it is necessary and would be in the public interest and bene-
43 fit to undertake such survey, study and comprehensive planning. The
44 petition shall list the persons, public corporations and state agencies
45 engaged in receiving, collecting, storing, transmitting, distributing,
46 processing or otherwise dealing with water for a public purpose, within
47 the region set forth in the petition, and the names and addresses of the
48 clerks or other executive officers thereof. There shall be attached to
49 the petition a certified copy of the resolution, ordinance or other
50 evidence of authority authorizing the execution of the petition. In the
51 case of Nassau and Suffolk counties, the department is hereby directed
52 to perform such study.
53 8. The area of the state within the corporate limits of the city of
54 New York shall not be included, in whole or in part, in any region
55 proposed by a petition[, or as enlarged or as determined by the depart-
A. 9788--A 5
1 ment under this section, which region includes in whole or in part the
2 counties of Nassau or Suffolk, or either of them].
3 § 6. Subdivisions 1, 2, 9 and 10 of section 15-1105 of the environ-
4 mental conservation law are amended to read as follows:
5 1. If the department shall determine that the proposal should be
6 undertaken, the department, after the expiration of the time in which a
7 review of its decision may be had or, in the event such a review has
8 been instituted, after a final judgment or order affirming the depart-
9 ment's decision has been entered therein, shall appoint a regional plan-
10 ning board, hereinafter referred to as "the board." In the case of
11 Nassau and Suffolk counties, the department shall appoint a regional
12 planning board within six months of its completion of the requirements
13 of section 15-3515 of this article.
14 2. The board shall consist of [seven] nine members residing in the
15 region of the proposal and of whom:
16 a. At least [one member] two members shall be representative of the
17 municipal corporations within the region of the proposal; and service as
18 a member of the board shall not be deemed as service rendered to any
19 municipal corporation;
20 b. At least one member shall be representative of the agricultural and
21 farming interests within the region of the proposal and shall be active-
22 ly interested in the improvement and development of agricultural and
23 farming process and techniques;
24 c. At least one member shall be representative of industry within the
25 region of the proposal and actively engaged or employed in an industrial
26 or commercial pursuit including an industry trade group or association;
27 d. At least one member shall be representative of groups within the
28 region of the proposal interested in the needs of fisheries and water-
29 fowl and in forms of outdoor recreation made possible by the state's
30 waters; [and]
31 e. At least one member shall be actively engaged in or connected with
32 the acquisition, operation or management of public water supplies within
33 the region; and service as a member of the board shall not be deemed as
34 service rendered to any municipal corporation[.]; and
35 f. At least one member shall be representative of a non-profit envi-
36 ronmental organization.
37 9. Special meetings may be called by the chairman upon his or her own
38 initiative and must be called [by him] upon receipt of a written request
39 therefor signed by at least two members of the board. Written notice of
40 the time and place of such special meeting shall be given by the secre-
41 tary to each member at least four days before the date fixed by the
42 notice for such special meeting.
43 10. [Four] Five members of the board shall constitute a quorum to
44 transact the business of the board at both regular and special meetings,
45 except that plans approved pursuant to subdivision sixteen of this
46 section shall require a majority vote of the board.
47 § 7. Paragraph b of subdivision 1 of section 15-1504 of the environ-
48 mental conservation law, as added by chapter 401 of the laws of 2011, is
49 amended to read as follows:
50 b. [All] Notwithstanding subparagraph two of paragraph b of subdivi-
51 sion four of this section, all persons making a withdrawal of water for
52 agricultural purposes shall annually register or report the withdrawal
53 to the department under the provisions of this section by March thirty-
54 first of each year.
55 § 8. Section 15-1527 of the environmental conservation law is amended
56 by adding a new subdivision 8 to read as follows:
A. 9788--A 6
1 8. The department shall require all permits to include ninety days
2 prior notice to the department prior to the sealing of any well or
3 extraction of any well casing. Upon receipt of such notice the depart-
4 ment shall notify the United States geological survey water purveyors
5 and the appropriate county health department in the event that such
6 entities may be interested in acquiring such well for testing purposes.
7 § 9. Section 15-2907 of the environmental conservation law, as amended
8 by chapter 214 of the laws of 1991, is amended to read as follows:
9 § 15-2907. Water resources management strategy; development purpose.
10 1. Not later than January first, nineteen hundred eighty-seven, the
11 department [of environmental conservation], with the participation of
12 the department of health and whenever possible, regional planning and
13 development boards, shall develop and submit a complete statewide water
14 resources management strategy to the water resources planning council
15 for its review and adoption. This strategy shall be composed of substate
16 water resources management strategies which recognize the natural bound-
17 aries of the water resource basins, watersheds, and aquifers and exist-
18 ing significant deficiencies of water supply, and which organize these
19 in the most practical and manageable manner. Each substate management
20 strategy shall analyze the present and future demographic, natural
21 resource, economic development, water quality, and conservation require-
22 ments of public and private water systems and develop regional manage-
23 ment strategies to meet the water resources requirements of residential,
24 agricultural, industrial and commercial users as well as assure the
25 highest possible quality and quantity of these resources.
26 Strategies shall analyze the efficiency and capacity of existing water
27 supply sources and facilities and shall contain recommendations for
28 appropriate modifications, restoration, and expansion or development of
29 new sources or facilities. Such strategies shall also include evalu-
30 ations and recommendations as to the feasibility of including hydroelec-
31 tric energy generation facilities as part of the modifications, restora-
32 tion, and expansion or development of new or existing resources or
33 facilities. The strategy shall also contain recommendations regarding
34 implementation of these strategies by the department of health, the
35 department [of environmental conservation], other appropriate state
36 agencies, local governments and special districts. In addition, the
37 departments shall submit to the council substate water resources manage-
38 ment strategies as soon as such strategies are developed. The depart-
39 ments shall also report regularly to the council on the development of
40 the strategies and receive the council's recommendations and directions.
41 Such substate strategies shall also be available for public inspection
42 as soon as such strategies are developed.
43 2. Not later than January first, two thousand seventeen, the depart-
44 ment, with the participation of the department of health and whenever
45 possible, regional planning and development boards, shall develop and
46 submit a complete Long Island water resources management strategy to the
47 water resources planning council for its review and adoption. This stra-
48 tegy shall be composed of water resources management strategies which
49 recognize the natural boundaries of the water resource basins,
50 watersheds, and aquifers and existing significant deficiencies of water
51 supply, and which organize these in the most practical and manageable
52 manner. Each management strategy shall analyze the present and future
53 demographic, natural resource, economic development, water quality, and
54 conservation requirements of public and private water systems and devel-
55 op management strategies to meet the water resources requirements of
A. 9788--A 7
1 residential, agricultural, industrial and commercial users as well as
2 assure the highest possible quality and quantity of these resources.
3 Strategies shall analyze the efficiency and capacity of existing water
4 supply sources and facilities and shall contain recommendations for
5 appropriate modifications, restoration, and expansion or development of
6 new sources or facilities. Such strategies shall also include evalu-
7 ations and recommendations. The strategy shall also contain recommenda-
8 tions regarding implementation of these strategies by the department of
9 health, the department, other appropriate state agencies, local govern-
10 ments and special districts. In addition, the departments shall submit
11 to the council water resources management strategies as soon as such
12 strategies are developed. The departments shall also report regularly to
13 the council on the development of the strategies and receive the coun-
14 cil's recommendations and directions. Such strategies shall also be
15 available for public inspection as soon as such strategies are devel-
16 oped.
17 § 10. This act shall take effect on the ninetieth day after it shall
18 have become a law.
