STATE OF NEW YORK
________________________________________________________________________
8620
IN SENATE
February 22, 2024
___________
Introduced by Sen. HARCKHAM -- 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
protection of water reservoirs and impoundments that serve as poten-
tial inter-municipal sources of potable water supplies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 15-1301 of the environmental
2 conservation law is amended to read as follows:
3 2. "Public water supply system" means the public treatment facilities,
4 transmission facilities and source of supply facilities to provide water
5 for residential, commercial, industrial and fire service needs for areas
6 located in two or more municipalities, and shall include potential
7 inter-municipal sources of water located in impoundments in the course
8 of a stream.
9 § 2. Subdivision 13 of section 15-1502 of the environmental conserva-
10 tion law, as added by chapter 401 of the laws of 2011, is amended to
11 read as follows:
12 13. "Public water supply system" shall mean a permanently installed
13 water withdrawal system including its source, collection, pumping,
14 treatment, transmission, storage and distribution facilities used in
15 connection with such system, which provides piped potable water to the
16 public for potable purposes, if such system has at least five service
17 connections used by year-round residents. It shall include potential
18 inter-municipal sources of water located in impoundments in the course
19 of a stream.
20 § 3. Subdivision 2 of section 15-0501 of the environmental conserva-
21 tion law, as amended by chapter 233 of the laws of 1979, is amended to
22 read as follows:
23 2. For the purposes of this section, stream shall mean that portion of
24 any fresh surface watercourse, except lakes or ponds having a surface
25 area greater than ten acres at mean low water level, for which the
26 department has adopted or may hereafter adopt pursuant to section
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09974-01-3
S. 8620 2
1 17-030l of this chapter, any of the following classifications or stand-
2 ards:
3 AA and AA (T),
4 A and A (T),
5 B and B (T),
6 C (T)
7 Small ponds or lakes with a surface area at mean low water level of
8 ten acres or less, located in the course of a stream, shall be consid-
9 ered a part of the stream and subject to regulation under this section.
10 Potential inter-municipal water supplies located in impoundments in the
11 course of a stream, and their immediate watersheds, shall be classified
12 as AA and are to be accorded the protection of water quality provided
13 for in subdivision one of section 15-1501 of this article.
14 § 4. Subdivision 6 of section 15-1503 of the environmental conserva-
15 tion law, as added by chapter 401 of the laws of 2011, is amended to
16 read as follows:
17 6. A new permit for a water withdrawal system and any subsequent
18 renewal thereof shall be valid for a period of time not to exceed ten
19 years from the date of issuance. A new permit or permit modification
20 must be obtained from the department prior to any transfer or change of
21 ownership of a water withdrawal system. These permit requirements apply
22 to potential inter-municipal water supplies located in impoundments in
23 the course of a stream.
24 § 5. This act shall take effect immediately.
