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A00976 Summary:

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A00976 Floor Votes:

A00976 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         976--A
                                                                 Cal. No. 89
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced by M. of A. GUNTHER, LUPARDO, CROUCH, MOLINARO -- Multi-Spon-
          sored  by -- M.  of A. O'MARA -- read once and referred to the Commit-
          tee on Agriculture -- reported from committee,  advanced  to  a  third

          reading,  amended  and  ordered  reprinted, retaining its place on the
          order of third reading
 
        AN ACT to amend the agriculture and markets law  and  the  environmental
          conservation law, in relation to farm pond dams
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 16 of the agriculture and markets law is amended by
     2  adding a new subdivision 45 to read as follows:
     3    45. Develop guidelines and best management  practices  in  conjunction
     4  with the state soil and water conservation committee for the classifica-
     5  tion, operation and maintenance of farm pond dams.
     6    §  2.  Subdivision 7 of section 15-0107 of the environmental conserva-
     7  tion law is renumbered subdivision 8 and a new subdivision 7 is added to
     8  read as follows:

     9    7. "Farm pond dam" shall mean those  dams  meeting  guidelines  estab-
    10  lished  by  the  New  York  state  soil and water conservation committee
    11  pursuant to section sixteen of  the  agriculture  and  markets  law  and
    12  installed to principally enhance agricultural, environmental and conser-
    13  vation benefits on farms.
    14    §  3.  Subdivision 3 of section 15-0503 of the environmental conserva-
    15  tion law, as amended by chapter 364 of the laws of 1999, is  amended  to
    16  read as follows:
    17    3.  The  requirement  of  a  permit pursuant to this section shall not
    18  apply to the following facilities:
    19    a. A dock, pier, wharf or other structure used  solely  as  a  landing
    20  place  on water providing dockage for five or fewer boats and encompass-
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02358-02-0
        A. 976--A                           2
 
     1  ing within its outer perimeter an area less than  four  thousand  square
     2  feet;
     3    b. A mooring facility providing mooring for fewer than ten boats;
     4    c. Seasonal replacement or reinstallation of structures referenced and
     5  listed  in  paragraph b of subdivision 1 of this section installed prior
     6  to the effective date of this paragraph[.];
     7    d. Farm pond dams as defined in subdivision 7 of  section  15-0107  of
     8  this article.
     9    §  4. Section 15-0507 of the environmental conservation law is amended

    10  by adding a new subdivision 7 to read as follows:
    11    7. Notwithstanding any other provision of law  to  the  contrary,  the
    12  provisions  of this section shall not apply to farm pond dams as defined
    13  in section 15-0107 of this article.
    14    § 5. This act shall take effect immediately.