STATE OF NEW YORK
________________________________________________________________________
2044--A
2021-2022 Regular Sessions
IN ASSEMBLY
January 14, 2021
___________
Introduced by M. of A. ABINANTI, SCHMITT -- read once and referred to
the Committee on Environmental 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 the
water resources planning council
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 15-2901 of the environmental conservation law, as
2 amended by chapter 83 of the laws of 1995, is amended to read as
3 follows:
4 § 15-2901. Water resources planning council; organization.
5 There is hereby established within the department of environmental
6 conservation a water resources planning council. It shall consist of
7 [fifteen] seventeen voting members[, including] and eight non-voting
8 members. 1. Voting members shall include the chair, the commissioners of
9 agriculture and markets, economic development, environmental conserva-
10 tion, health, transportation, human rights, the chair of the public
11 service commission, president of the New York state energy research and
12 development authority, secretary of state and seven members to be
13 appointed by the governor including at least [one member] two members
14 who shall have expertise in the science of water resources planning
15 [and], at least two members who shall have expertise in environmental
16 science and/or engineering and one member [selected from a list proposed
17 by public interest or environmental citizens organizations] who shall
18 have expertise in environmental justice. These seven members appointed
19 by the governor shall serve terms of [four] five years each. Two of the
20 members appointed by the governor shall be appointed upon the recommen-
21 dation of the majority leader of the senate and two of the members
22 appointed by the governor shall be appointed upon the recommendation of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01377-02-2
A. 2044--A 2
1 the speaker of the assembly. [The governor shall select a chair from
2 among the members.] 2. Non-voting members shall represent each of the
3 following regions: (a) New York City; (b) Long Island; (c) Lower Hudson
4 Valley; (d) Capitol Region; (e) Upper Hudson and St. Lawrence River
5 Watershed; (f) Central New York; (g) Southern Tier River basins; and (h)
6 Great Lakes Regional Watersheds. Meetings of the council shall be called
7 by the chair. Members shall receive reimbursement for expenses only.
8 § 2. Section 15-2903 of the environmental conservation law, as amended
9 by chapter 307 of the laws of 1986, is amended to read as follows:
10 § 15-2903. Water resources planning council; quorum, bylaws.
11 A majority of the voting members of the council shall constitute a
12 quorum for the transaction of any business or the exercise of any power
13 of the council. The commissioners of agriculture and markets, [commerce]
14 economic development, energy, environmental conservation, health, trans-
15 portation, human rights, the [chairman] chair of the public service
16 commission and secretary of state may, by official authority filed in
17 their respective agencies, and with the water resources planning coun-
18 cil, designate a deputy or other officer to exercise his or her powers
19 and perform his or her duties, including the right to vote, on the coun-
20 cil. The council may also establish for itself bylaws for the conduct of
21 its affairs.
22 § 3. The environmental conservation law is amended by adding a new
23 section 15-2904 to read as follows:
24 § 15-2904. Water resources planning council; duties and purpose.
25 1. The council shall make recommendations regarding the management and
26 oversight of the water resources of the state including facilitating
27 cooperative and sustainable management of water resources to ensure that
28 all residents have access to adequate, affordable, safe drinking water
29 in perpetuity. The council shall also make recommendations to help
30 ensure the fair and equitable distribution of public water resources and
31 shall help ensure that every agency considers environmental justice
32 standards in its water-related decision making process and actions. The
33 council shall create interstate partnerships for sharing resources and
34 best practices for water management.
35 2. The council shall review and examine all state and federal laws and
36 regulations concerning the management, use, protection, conservation and
37 provision of water which may affect the state. The council may issue
38 comments on any proposed state and federal legislation or regulations
39 affecting water. The council shall review and may issue comments on any
40 recommendations of the drinking water quality council established pursu-
41 ant to section eleven hundred thirteen of the public health law. The
42 council shall review the list of contaminants which are tested in waters
43 of the state, including in remedial programs, and may make recommenda-
44 tions to the department of environmental conservation, the department of
45 health, or the United States environmental protection agency.
46 § 4. Section 15-2905 of the environmental conservation law, as added
47 by chapter 509 of the laws of 1984, is amended to read as follows:
48 § 15-2905. Statewide inventory of existing significant deficiencies in
49 water supply systems.
50 The commissioner, in consultation with the commissioner of health and
51 the chair, utilizing information requested from the responsible local
52 officials as well as relevant information developed through titles elev-
53 en and thirteen of this article, shall cause to be prepared an inventory
54 of existing significant deficiencies in water supply availability
55 throughout the state, including specific needs for improvement, rehabil-
56 itation and establishment of water supply, distribution and transmission
A. 2044--A 3
1 facilities. Such inventory shall also identify those water supply
2 systems affected or threatened by intrusions of hazardous materials or
3 wastes and the nature of remediation required. Such inventory shall be
4 completed and transmitted to the governor, legislature and the council
5 by July first, [nineteen hundred eighty-five] two thousand twenty-four.
6 The commissioner in consultation with the secretary of state[,] and
7 the chair, shall also cause to be prepared a review and summary of
8 existing statutory and constitutional provisions relating to the
9 provision and financing of water supply facilities by local governments,
10 including such provision and financing through inter-local cooperation.
11 Such review and summary shall also identify any existing statutory and
12 constitutional constraints against the effective and efficient provision
13 of sound financing, on a revenue or general obligation basis, of such
14 facilities. Such review and summary shall be completed and transmitted
15 to the governor, legislature and the council by January first, [nineteen
16 hundred eighty-six] two thousand twenty-four. At such time and based
17 upon the above inventory and review and summary, the commissioner, in
18 consultation with the chair, shall also cause to be prepared a compila-
19 tion of those instances in which correction of existing significant
20 deficiencies appears to be beyond the reasonable financial capabilities
21 of the affected communities.
22 § 5. Section 15-2907 of the environmental conservation law, as amended
23 by chapter 214 of the laws of 1991, is amended to read as follows:
24 § 15-2907. Water resources management strategy; development purpose.
25 Not later than January first, [nineteen hundred eighty-seven] two
26 thousand twenty-five, and every five years thereafter, the department of
27 environmental conservation, with the participation of the department of
28 health and whenever possible, [regional planning and development boards]
29 non-voting regional members, shall develop and submit a [complete]
30 comprehensive statewide water resources management strategy to the water
31 resources planning council for its review and adoption following public
32 hearings. [This] The water resources management strategy shall be
33 composed of substate water resources management strategies which recog-
34 nize the natural boundaries of the water resource basins, watersheds,
35 and aquifers and existing significant deficiencies of water supply, and
36 which organize these in the most practical and manageable manner. Each
37 substate management strategy shall analyze the present and future demo-
38 graphic, natural resource, economic development, water quality, and
39 conservation requirements of public and private water systems and devel-
40 op regional management strategies to meet the water resources require-
41 ments of residential, agricultural, industrial and commercial users as
42 well as assure the highest possible quality and quantity of these
43 resources.
44 Strategies shall analyze the efficiency and capacity of existing water
45 supply sources and facilities and shall contain recommendations for
46 appropriate modifications, restoration, and expansion or development of
47 new sources or facilities. Such strategies shall also include evalu-
48 ations and recommendations as to the feasibility of including or remov-
49 ing hydroelectric energy generation facilities as part of the modifica-
50 tions, restoration, and expansion or development of new or existing
51 resources or facilities and/or returning rivers and streams to their
52 natural flow. The strategy shall also contain recommendations regarding
53 implementation of these strategies by the department of health, the
54 department of environmental conservation, other appropriate state agen-
55 cies, local governments and special districts. Where appropriate, the
56 strategy shall include review and assessment of all interstate water
A. 2044--A 4
1 management agreements or agreements with municipalities. In addition,
2 the departments shall submit to the council substate water resources
3 management strategies as soon as such strategies are developed. The
4 departments shall also report regularly to the council on the develop-
5 ment of the strategies and receive the council's recommendations and
6 directions. [Such substate] The statewide water resources management
7 strategy shall be made available to the public on the council's website
8 and submitted to the legislature within two weeks of its adoption.
9 Substate strategies shall also be available [for public inspection as
10 soon as] to the public on each department's and the council's website
11 within two weeks of the submission of such strategies [are developed] to
12 the council.
13 § 6. Section 15-2909 of the environmental conservation law, as added
14 by chapter 509 of the laws of 1984, is amended to read as follows:
15 § 15-2909. Water resources management strategy; hearings.
16 Upon [receipt] adoption of the comprehensive statewide water resources
17 management strategy [from the department of environmental conservation]
18 by the water resources planning council, the council shall promptly
19 publish once a week for three consecutive weeks in newspapers of general
20 circulation and post on the department's website notice of public hear-
21 ings thereon. Public hearings shall be conducted in each of the
22 [substate areas] regions represented [in the statewide strategy] by a
23 non-voting member of the council, and shall be in accordance with regu-
24 lations adopted by the department, subject to modification by the coun-
25 cil. Such regulations shall, at a minimum, require a hearing on the
26 record with sworn witnesses and shall afford interested parties a
27 reasonable opportunity to sponsor witnesses and to question witnesses
28 sponsored by others, including department staff, consistent with the
29 need to conclude the hearings expeditiously so that a state water
30 resources management strategy can be adopted in a timely manner. The
31 hearings shall not be considered part of an adjudicatory proceeding, as
32 defined in subdivision three of section one hundred two of the state
33 administrative procedure act, or as part of a rule-making proceeding
34 held under subdivision one of section two hundred two of such act.
35 § 7. Section 15-2911 of the environmental conservation law, as added
36 by chapter 509 of the laws of 1984, is amended to read as follows:
37 § 15-2911. Water resources management strategy; approval.
38 The water resources planning council shall, as expeditiously as prac-
39 ticable following the conclusion of its hearings, but in no case later
40 than January first, [nineteen hundred eighty-eight] two thousand twen-
41 ty-five, determine, based on the record, including public comments and
42 hearing testimony, whether the statewide water resources management
43 strategy should be approved with modifications or disapproved, and shall
44 state in writing the reasons for its determination. If the council has
45 determined approval of the strategy, it shall be adopted by the depart-
46 ments of health and environmental conservation and other appropriate
47 state agencies in the form determined by the council. If the council has
48 determined disapproval of the strategy, the department of environmental
49 conservation, in conjunction with the department of health, shall modify
50 the strategy in accordance with the determination issued by the council
51 and resubmit the strategy to the council for its action.
52 § 8. Section 15-2913 of the environmental conservation law, as added
53 by chapter 509 of the laws of 1984, is amended to read as follows:
54 § 15-2913. Water resources management strategy; revision.
55 From time to time and at least once every [two years] year, [the
56 department of environmental conservation, with the participation of the
A. 2044--A 5
1 department of health] the water resources planning council, with partic-
2 ipation of all voting members and whenever possible, [regional planning
3 and development boards] non-voting regional members, shall review the
4 strategy and shall either (a) [prepare any] recommend amendments neces-
5 sary to update the strategy, or (b) issue a determination that no amend-
6 ments are necessary and the reasons supporting the determination. Any
7 interested person may seek such a review upon written application to the
8 department of environmental conservation for an amendment to the state-
9 wide water resources management strategy. [Any statement issued by the
10 departments that no amendments are necessary shall be submitted to the
11 council for approval, modification or disapproval.] Amendments shall be
12 adopted in the same manner as the strategy itself. Every five years, a
13 new comprehensive statewide resources management strategy shall be
14 developed and adopted by the water resources planning council as set
15 forth herein.
16 § 9. The environmental conservation law is amended by adding a new
17 section 15-2915 to read as follows:
18 § 15-2915. Report to legislature and governor.
19 The water resources planning council shall annually submit a report to
20 the governor and the legislature on the status and quality of the water
21 resources of the state.
22 § 10. This act shall take effect on the ninetieth day after it shall
23 have become a law. Effective immediately, the addition, amendment
24 and/or repeal of any rule or regulation necessary for the implementation
25 of this act on its effective date are authorized to be made and
26 completed on or before such effective date.
