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STATE OF NEW YORK ________________________________________________________________________ 1766 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 protection 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. LBD05625-01-5A. 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.