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A01047 Summary:

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A01047 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1047
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  M.  of  A.  SWEENEY, WEISENBERG, THIELE -- read once and
          referred to the Committee on Environmental Conservation
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          special groundwater and surface water protection areas
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 55-0113 of the environmental conservation  law,  as
     2  added  by  chapter  628  of  the laws of 1987, subdivision 8 as added by
     3  chapter 502 of the laws of 2006, is amended to read as follows:
     4  § 55-0113. Special groundwater and surface water protection areas;  Long
     5               Island designation.
     6    1.  Nine areas shall be designated for the purposes of this article as
     7  special groundwater protection areas. They are identified as follows:
     8    (a) the North Hills area of the town of North Hempstead, Nassau  coun-
     9  ty;
    10    (b)  the  area of the Northeastern villages of the town of Oyster Bay,
    11  Nassau county;
    12    (c) the Woodbury road-West Pulaski  road  area,  town  of  Huntington,
    13  Suffolk county;

    14    (d) the West Hills area of the town of Huntington, Suffolk county;
    15    (e)  the  Oak  Brush  Plains  of  the towns of Babylon and Huntington,
    16  Suffolk county;
    17    (f) the Setauket Pine Barrens, town of Brookhaven, Suffolk county;
    18    (g) the Central Pine Barrens of the towns of Brookhaven, Riverhead and
    19  Southampton, Suffolk county;
    20    (h) the South Fork Morainal Forest of the  towns  of  Southampton  and
    21  East Hampton, Suffolk county; and
    22    (i) the Hither Hills area of the town of East Hampton, Suffolk county.
    23    2. Three areas shall be designated for the purposes of this article as
    24  special surface water protection areas. They are identified as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

                                                                   LBD03491-01-3
        A. 1047                             2
 
     1    (a)  the  Peconic  Estuary  Watershed as defined in subdivision six of
     2  section 57-0203 of this chapter.
     3    (b)  the  South Shore Estuary Reserve Watershed as defined in subdivi-
     4  sion four of section nine hundred sixty-two of the executive law.
     5    (c) the Long Island Sound Watershed including  only  towns,  villages,
     6  and counties adjoining the Long Island Sound.
     7    3.  Such  areas  identified  for  Long Island in this section shall be
     8  addressed concurrently as a single planning project in order  to  insure
     9  consistency  and uniformity in the development of a management plan that

    10  recognizes the  regional  importance  of  the  special  groundwater  and
    11  surface water protection areas.
    12    [3.]   4.  The  preliminary  boundaries  of  the  special  groundwater
    13  protection areas designated in subdivision one of this section shall  be
    14  those  identified  in  the  state groundwater management plan except for
    15  said areas designated in paragraphs (a) and (b) of  subdivision  one  of
    16  this  section  which  shall  be  the  same as those areas adopted by the
    17  Nassau County Board of Health pursuant to  article  ten  of  the  Nassau
    18  County  Public  Health  Ordinance  on December twelfth, nineteen hundred
    19  eighty-four. Final boundaries shall be determined on the basis of infor-
    20  mation developed in accordance with the requirements of section  55-0115
    21  of this article.

    22    [4.]  5.  Other areas not identified in this section can be petitioned
    23  for according to the guidelines set forth in  section  55-0109  of  this
    24  article.
    25    [5.]  6. The Long Island [regional] water planning board is designated
    26  as the planning entity for the nine special groundwater protection areas
    27  herein identified on Long Island, and is authorized  to  carry  out  the
    28  planning work specified in this article.  The Long Island water planning
    29  board  shall  consist  of the commissioner (or his or her designee), the
    30  Nassau and Suffolk county  executives,  and  the  town  supervisors  and
    31  village  mayors  from  each of the special groundwater and surface water
    32  protection areas. The commissioner or his or her designee shall serve as

    33  chair.
    34    [6.] 7. An advisory group to be known as the "special groundwater  and
    35  surface  water  protection  area advisory council" shall be established.
    36  The voting membership shall consist of representatives of the  following
    37  organizations:  one  member from the Nassau county department of health;
    38  one member from the Nassau county department of public works; one member
    39  from the Nassau county planning commission; two members from the Suffolk
    40  county department of health services; one member from the New York state
    41  department of environmental conservation; one member from the  New  York
    42  state  department of health; [two members from the New York state legis-
    43  lative commission on water resource needs of Long Island;]  two  members

    44  from  conservation  organizations  having property or other interests in
    45  one or more of the special groundwater protection areas[; and  a  member
    46  from  each  town  which  contains  part  or all of a special groundwater
    47  protection area] and/or surface water protection  areas.    The  special
    48  groundwater  and  surface  water  protection area advisory council shall
    49  serve as an advisory group to the Long Island [regional] water  planning
    50  board and shall assist in the development, review, and implementation of
    51  the management plan.
    52    [7.]  8.  The Long Island [regional] water planning board shall submit
    53  an outline of the plan of work designed to complete the requirements  of
    54  sections  55-0115 and 55-0117 of this article, acceptable to the commis-

    55  sioner and a budget request, therefor.  Such request shall be  submitted
    56  no later than December thirty-first of each year.
        A. 1047                             3
 
     1    [8.  No  municipality  located within a special groundwater protection
     2  area designated in paragraph (a) of  subdivision  one  of  this  section
     3  shall  use  public funds to acquire land within such special groundwater
     4  protection area being used as a recreational facility or open  space  at
     5  the  time  of proposed acquisition unless such land is being offered for
     6  sale or a change of use for such land is proposed by the owner thereof.]
     7    § 2. Section 55-0115 of the environmental conservation law,  as  added
     8  by chapter 628 of the laws of 1987, is amended to read as follows:

     9  § 55-0115. Comprehensive management plan; contents.
    10    The  designated planning entity shall prepare the plan for the special
    11  groundwater protection area. The plan shall be designed  to  ensure  the
    12  non-degradation  and  restoration of [the] high quality [of] groundwater
    13  recharged within the special groundwater  protection  area  and  special
    14  surface  water  protection  areas. Where local plans already exist which
    15  effectuate the goals of this article, such local plans shall  be  evalu-
    16  ated  and  incorporated  as is appropriate into the work of the planning
    17  entity. Such plan shall include but not be limited to:
    18    1.  A  determination  of  the  quality  of  the  existing  groundwater
    19  recharged  through  said  special  groundwater  protection area and said

    20  special surface water protection area, the natural recharge capabilities
    21  of the special groundwater protection area watershed and special surface
    22  water protection areas and the dependence of any natural  ecosystems  in
    23  the  special  groundwater  protection  area  and  special  surface water
    24  protection areas on the water quality and natural recharge  capabilities
    25  of said area;
    26    2.  An  identification  of  all known existing and potential point and
    27  non-point sources of groundwater degradation;
    28    3. Development of specific enforceable watershed rules and regulations
    29  pursuant to section eleven hundred of the public health law, and article
    30  fifteen of this chapter, which are designed to accomplish  the  purposes
    31  of this article;

    32    4.  A map showing the detailed boundary of the special groundwater and
    33  surface water protection area or areas as  well  as  a  precise  written
    34  description of such boundaries;
    35    5. A resource assessment which determines the amount and type of human
    36  development  and  activity  which  the ecosystem can sustain while still
    37  maintaining existing ground and surface  water  quality  and  protecting
    38  unique ecological features;
    39    6.  The  identification  and  proposal of limits on federal, state and
    40  local government financially assisted  activities  and  projects  which,
    41  directly  or  indirectly,  may contribute, in any way whatsoever, to any
    42  degradation of such groundwater or  any  loss  of  natural  surface  and
    43  subsurface  infiltration  or  purification  capability  of  the  special
    44  groundwater protection area watershed;

    45    7. Development of a comprehensive statement of land use management  as
    46  it  pertains to the maintenance, restoration, and enhancement of ground-
    47  water quality and quantity;
    48    8. Proposal of limits on land uses and wastewater  infrastructure  and
    49  management  practices that might have an adverse impact on water quality
    50  and/or recharge capabilities in the special groundwater protection  area
    51  and surface water protection areas;
    52    9.  Consideration  and proposal of specific techniques, including, but
    53  not limited to: clustering, large  lot  zoning,  purchase,  exchange  or
    54  donation  of  conservation  easements  or  development rights, and other
    55  innovative  measures  sufficient  to  achieve  the  objectives  of  this
    56  section;
        A. 1047                             4
 

     1    10.   Designation   of   specific  areas  within  special  groundwater
     2  protection areas and surface water protection areas suitable and  appro-
     3  priate for public acquisition; and
     4    11.  A program for local governmental implementation of the comprehen-
     5  sive management plan described in this subdivision in a manner that will
     6  insure the continued, uniform, consistent protection  of  this  area  in
     7  accord with the purposes of this article.
     8    §  3.  Section 55-0117 of the environmental conservation law, as added
     9  by chapter 628 of the laws of 1987, subdivisions 5 and 6 as  amended  by
    10  chapter 238 of the laws of 1991, is amended to read as follows:
    11  § 55-0117. Comprehensive management plan; approval.
    12    1. The planning entity shall:
    13    (a)  consult with appropriate officials of any local, state or federal

    14  agency which has jurisdiction over lands and waters within the area;
    15    (b) consult with the officials of any municipality which has jurisdic-
    16  tion over lands and waters within  areas  designated  [or  proposed]  as
    17  special groundwater protection areas or special surface water protection
    18  areas;
    19    (c)  consult  with  interested  professional, scientific and citizens'
    20  organizations;
    21    (d) consult with citizen's advisory committees;
    22    (e) transmit any draft and final plan to all  affected  municipalities
    23  for review and comment; and
    24    (f)  conduct  public  hearings  at places within the area, and at such
    25  other places as may be appropriate, for the purpose of providing  inter-
    26  ested persons with an opportunity to express their views with respect to
    27  matters covered by the plan.

    28    2.  The plan shall be submitted to the commissioner. The plan shall be
    29  accompanied by a transmittal letter in which the planning entity  certi-
    30  fies that:
    31    (a)  the  plan when implemented will achieve [its stated water quality
    32  objectives] an ambient groundwater standard of two milligrams per  liter
    33  for  nitrogen and protect the ecological values of the special groundwa-
    34  ter protection area which are significant for maintenance of water qual-
    35  ity;
    36    (b) the plan requires the exercise of land use and zoning responsibil-
    37  ities to the greatest extent practicable to regulate the use of land and
    38  water resources in a manner consistent with the purposes of  this  arti-
    39  cle;
    40    (c)  the  planning entity has afforded adequate opportunity, including
    41  public hearings, for public governmental involvement in the  preparation

    42  and review of the plan, and whether such review and comment thereon were
    43  considered in the plan; and
    44    (d)  the  extent  to which adequate assurances have been received from
    45  appropriate local officials that the recommended implementation  program
    46  identified  in the plan will be initiated within a reasonable time after
    47  the date of approval of the plan and such program will insure  effective
    48  implementation of the local aspects of the plan.
    49    3.  The  commissioner  shall  review  the  plan and within ninety days
    50  certify that the plan conforms with all applicable state laws,  official
    51  rules  and regulations, state water resource management plans, and where
    52  submitted, the nominating petition as defined in section 55-0109 of this
    53  article. As part of the review and certification  process,  the  commis-
    54  sioner shall also certify the boundaries.

    55    4.  If the commissioner finds that the plan is still not in compliance
    56  with applicable state law, official rules  and  regulations,  and  state
        A. 1047                             5
 
     1  water  resource  management plans, after a second review, he shall with-
     2  hold approval of all outstanding planning entity claims  for  reimburse-
     3  ment pending satisfactory revision of the plan.
     4    5.  Upon  certification of the plan and the boundaries, the identified
     5  area or areas are officially adopted  by  the  commissioner  as  special
     6  groundwater protection areas and/or surface water protection areas.
     7    6. Upon adoption of the boundaries by the planning entity, the special
     8  groundwater  and  surface  water protection areas shall be designated as
     9  critical environmental areas  as  defined  by  regulations  pursuant  to

    10  section  8-0113  of  this  chapter and an environmental impact statement
    11  shall be prepared pursuant to section 8-0109 of  this  chapter  for  any
    12  action  found  to have a significant impact upon such areas. Such state-
    13  ment shall meet the requirements  of  the  most  detailed  environmental
    14  impact  statement  required  by section 8-0109 of this chapter or by any
    15  rule or regulation promulgated pursuant to such  section.  Upon  certif-
    16  ication  of the plan by the commissioner, such statement shall include a
    17  detailed statement of the effects of any proposed  action  on,  and  its
    18  consistency  with,  the  comprehensive  management  plan  of the special
    19  groundwater protection area and surface water protection  area  program,
    20  as implemented by the commissioner pursuant to this article.
    21    §  4.  Section 55-0119 of the environmental conservation law, as added

    22  by chapter 546 of the laws of 2001, is amended to read as follows:
    23  § 55-0119. Local  land  use  regulation  within  a  special  groundwater
    24               [protection  area]  and/or special surface water protection
    25               areas.
    26    Any land use regulation enacted by any county, town or village located
    27  within a special groundwater  protection  area  and/or  special  surface
    28  water  protection  area which includes a definition of "open space" must
    29  consider the impact of such  definition  on  the  water  quality  and/or
    30  recharge  capabilities  of the area. Any such definition of "open space"
    31  may also consider other purposes  of  open  space,  including,  but  not
    32  limited  to,  protection of habitat, farmland, forest, air quality, view

    33  shed protection and recreation. Provided however, that any definition of
    34  open space that allows for or includes recreational uses,  must  provide
    35  clear guidance as to which recreational uses, improvements or facilities
    36  serve  the purpose of protecting water quality and/or recharge capabili-
    37  ties. "Land use regulation" shall mean an ordinance or local law enacted
    38  by a municipality  with  responsibility  for  zoning  and  includes  any
    39  zoning,  subdivision,  special use permit or site plan regulation or any
    40  other regulation which prescribes the appropriate use  of  property,  or
    41  scale, location and intensity of development.
    42    §  5.  This  act shall take effect on the ninetieth day after it shall
    43  have become a law.