AB1766 Summary:

COSPNSRLinares, DiPietro
Amd S151-h, Ag & Mkts L; amd S15-1504, En Con L
Relates to water withdrawal reporting and FOIL protection.
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AB1766 Actions:

01/12/2015referred to agriculture
01/06/2016referred to agriculture
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AB1766 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 12, 2015
        Introduced  by M. of A. MAGEE -- read once and referred to the Committee
          on Agriculture
        AN ACT to amend the agriculture and markets law  and  the  environmental
          conservation  law,  in relation to water withdrawal reporting and FOIL
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 151-h of the agriculture and markets law, as added
     2  by chapter 136 of the laws of 2000, is amended to read as follows:
     3    § 151-h. Report. The department, in conjunction with  the  state  soil
     4  and water conservation committee, shall report annually to the governor,
     5  the  legislature  and  participating agencies on the progress of the AEM
     6  program, including an assessment of program effectiveness  in  achieving
     7  state  water  quality  objectives,  public  and  private program partic-
     8  ipation, and such other information as the department and the  committee
     9  deem  appropriate.  Such  report  shall also include, after consultation
    10  with the department of environmental conservation, the number of  annual
    11  registrations for agricultural water withdrawals exceeding an average of
    12  more than one hundred thousand gallons per day in any consecutive thirty
    13  day  period  as  provided  for  in  section 15-1504 of the environmental
    14  conservation law.
    15    § 2. Section 15-1504 of the environmental conservation law is  amended
    16  by adding a new subdivision 6 to read as follows:
    17    6. Disclosure.
    18    a.  Notwithstanding  any  other  provision  of  law,  any  information
    19  collected pursuant to subparagraph one of  paragraph  b  of  subdivision
    20  three  of this section or subparagraph one of paragraph a of subdivision
    21  four of this section shall not be subject to disclosure under the  free-
    22  dom  of  information  law pursuant to article six of the public officers
    23  law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1766                             2
     1    b. Any reports to outside parties for research or other purposes shall
     2  be redacted to exclude  any  information  about:  a  water  source,  the
     3  location  of  a  water  source,  the capacity of a water source, and the
     4  place and  source of a proposed or existing withdrawal that is  gathered
     5  pursuant to subparagraph one of paragraph b of subdivision three of this
     6  section  or  subparagraph one of paragraph a of subdivision four of this
     7  section.
     8    § 3. This act shall take effect immediately.
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