STATE OF NEW YORK
________________________________________________________________________
6221--B
2017-2018 Regular Sessions
IN ASSEMBLY
February 28, 2017
___________
Introduced by M. of A. ABINANTI, SKOUFIS -- read once and referred to
the Committee on Environmental Conservation -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- recommitted to the Committee on Environmental Conserva-
tion 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 1. There is hereby established [within the department of environmental
6 conservation] a water resources planning council. [It] The head of the
7 council shall be the water commissioner, who shall be appointed by the
8 governor, by and with the advice and consent of the senate, and hold
9 office at the pleasure of the governor by whom he or she was appointed
10 and until a successor is appointed and qualified. The water commissioner
11 shall hold no other public office, and shall be the chief administrative
12 officer of and in sole charge of the administration of the water
13 resources planning council and shall chair the council. The water
14 commissioner shall receive an annual salary to be fixed by the governor
15 within the amount available therefor by appropriation, and shall be
16 entitled to receive reimbursement for expenses actually and necessarily
17 incurred in the performance of his or her duties. The commissioner's
18 duties shall include management and oversight of the water resources of
19 the state. The water resources planning council shall consist of
20 [fifteen] seventeen voting members[, including] and eight non-voting
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09825-05-8
A. 6221--B 2
1 members. (a) Voting members shall include the chair, the commissioners
2 of agriculture and markets, economic development, environmental conser-
3 vation, health, transportation, human rights, the chair of the public
4 service commission, president of the New York state energy research and
5 development authority, secretary of state and seven members to be
6 appointed by the governor including at least [one member] two members
7 who shall have expertise in the science of water resources planning
8 [and], at least two members who shall have expertise in environmental
9 science and/or engineering and one member [selected from a list proposed
10 by public interest or environmental citizens organizations] who shall
11 have expertise in environmental justice. These seven members appointed
12 by the governor shall serve terms of [four] five years each. Two of the
13 members appointed by the governor shall be appointed upon the recommen-
14 dation of the majority leader of the senate and two of the members
15 appointed by the governor shall be appointed upon the recommendation of
16 the speaker of the assembly. [The governor shall select a chair from
17 among the members.] (b) Non-voting members shall represent each of the
18 following regions: (a) New York City; (b) Long Island; (c) Lower Hudson
19 Valley; (d) Capitol Region; (e) Upper Hudson and St. Lawrence River
20 Watershed; (f) Central New York; (g) Southern Tier River basins; and (h)
21 Great Lakes Regional Watersheds. Meetings of the council shall be called
22 by the chair. [Members] Except for the chair, members shall receive
23 reimbursement for expenses only.
24 The water commissioner may request and receive from any department,
25 division, board, bureau, commission or other agency of the state or any
26 political subdivision thereof or any public authority, staff and other
27 assistance, information, and resources as will enable the water
28 resources planning council to properly carry out its functions, powers
29 and duties.
30 § 2. Section 15-2903 of the environmental conservation law, as amended
31 by chapter 307 of the laws of 1986, is amended to read as follows:
32 § 15-2903. Water resources planning council; quorum, bylaws.
33 A majority of the voting members of the council shall constitute a
34 quorum for the transaction of any business or the exercise of any power
35 of the council. The commissioners of agriculture and markets, [commerce]
36 economic development, energy, environmental conservation, health, trans-
37 portation, human rights, the [chairman] chair of the public service
38 commission and secretary of state may, by official authority filed in
39 their respective agencies, and with the water resources planning coun-
40 cil, designate a deputy or other officer to exercise his or her powers
41 and perform his or her duties, including the right to vote, on the coun-
42 cil. The council may also establish for itself bylaws for the conduct of
43 its affairs.
44 § 3. The environmental conservation law is amended by adding a new
45 section 15-2904 to read as follows:
46 § 15-2904. Water resources planning council; duties and purpose.
47 1. The council shall manage and oversee the water resources of the
48 state including facilitating cooperative and sustainable management of
49 water resources to ensure that all residents have access to adequate,
50 affordable, safe drinking water in perpetuity. When appropriate, the
51 council shall consider opportunities for economic development in manag-
52 ing the water resources of the state. The council shall ensure the fair
53 and equitable distribution of public water resources and shall ensure
54 that every agency considers environmental justice standards in its deci-
55 sion making process and actions. The council shall create interstate
A. 6221--B 3
1 partnerships for sharing resources and best practices for water manage-
2 ment.
3 2. The council shall review and examine all state and federal laws and
4 regulations concerning the management, use, protection, conservation and
5 provision of water which may affect the state. The council may issue
6 comments on any proposed state and federal legislation or regulations
7 affecting water. The council shall review and may issue comments on any
8 recommendations of the drinking water quality council established pursu-
9 ant to section eleven hundred thirteen of the public health law. The
10 council shall review the list of contaminants which are tested in waters
11 of the state and make necessary recommendations to the department of
12 environmental conservation, the department of health, or the United
13 States environmental protection agency.
14 § 4. Section 15-2905 of the environmental conservation law, as added
15 by chapter 509 of the laws of 1984, is amended to read as follows:
16 § 15-2905. Statewide inventory of existing significant deficiencies in
17 water supply systems.
18 The [commissioner, in consultation with the commissioner of health
19 and] chair, utilizing information requested from the responsible local
20 officials as well as relevant information developed through titles elev-
21 en and thirteen of this article, shall cause to be prepared an inventory
22 of existing significant deficiencies in water supply availability
23 throughout the state, including specific needs for improvement, rehabil-
24 itation and establishment of water supply, distribution and transmission
25 facilities. Such inventory shall also identify those water supply
26 systems affected or threatened by intrusions of hazardous materials or
27 wastes and the nature of remediation required. Such inventory shall be
28 completed and transmitted to the governor, legislature and the council
29 by July first, [nineteen hundred eighty-five] two thousand nineteen.
30 The [commissioner] chair in consultation with the secretary of state,
31 shall also cause to be prepared a review and summary of existing statu-
32 tory and constitutional provisions relating to the provision and financ-
33 ing of water supply facilities by local governments, including such
34 provision and financing through inter-local cooperation. Such review and
35 summary shall also identify any existing statutory and constitutional
36 constraints against the effective and efficient provision of sound
37 financing, on a revenue or general obligation basis, of such facilities.
38 Such review and summary shall be completed and transmitted to the gover-
39 nor, legislature and the council by January first, [nineteen hundred
40 eighty-six] two thousand twenty. At such time and based upon the above
41 inventory and review and summary, the [commissioner] chair shall also
42 cause to be prepared a compilation of those instances in which
43 correction of existing significant deficiencies appears to be beyond the
44 reasonable financial capabilities of the affected communities.
45 § 5. Section 15-2907 of the environmental conservation law, as amended
46 by chapter 214 of the laws of 1991, is amended to read as follows:
47 § 15-2907. Water resources management strategy; development purpose.
48 Not later than January first, [nineteen hundred eighty-seven, the
49 department of environmental conservation, with the participation of the
50 department of health] two thousand twenty-one, the water resources plan-
51 ning council, with the participation of all voting members and whenever
52 possible, [regional planning and development boards] non-voting regional
53 members, shall develop and [submit] adopt a [complete] comprehensive
54 statewide water resources management strategy [to the water resources
55 planning council for its review and adoption]. [This] The water
56 resources management strategy shall be composed of substate water
A. 6221--B 4
1 resources management strategies which recognize the natural boundaries
2 of the water resource basins, watersheds, and aquifers and existing
3 significant deficiencies of water supply, and which organize these in
4 the most practical and manageable manner. Each substate management stra-
5 tegy shall analyze the present and future demographic, natural resource,
6 economic development, water quality, and conservation requirements of
7 public and private water systems and develop regional management strate-
8 gies to meet the water resources requirements of residential, agricul-
9 tural, industrial and commercial users as well as assure the highest
10 possible quality and quantity of these resources.
11 Strategies shall analyze the efficiency and capacity of existing water
12 supply sources and facilities and shall contain recommendations for
13 appropriate modifications, restoration, and expansion or development of
14 new sources or facilities. Such strategies shall also include evalu-
15 ations and recommendations as to the feasibility of including or remov-
16 ing hydroelectric energy generation facilities as part of the modifica-
17 tions, restoration, and expansion or development of new or existing
18 resources or facilities and/or returning rivers and streams to their
19 natural flow. The strategy shall also contain recommendations regarding
20 implementation of these strategies by the department of health, the
21 department of environmental conservation, other appropriate state agen-
22 cies, local governments and special districts. Where necessary, the
23 strategy shall include review and assessment of all interstate water
24 management agreements or agreements with municipalities. In addition,
25 the departments shall submit to the council substate water resources
26 management strategies as soon as such strategies are developed. The
27 departments shall also report regularly to the council on the develop-
28 ment of the strategies and receive the council's recommendations and
29 directions. [Such substate] The statewide water resources management
30 strategy shall be made available to the public on the council's website
31 and submitted to the legislature within two weeks of its adoption.
32 Substate strategies shall also be available [for public inspection as
33 soon as] to the public on each department's and the council's website
34 within two weeks of the submission of such strategies [are developed] to
35 the council.
36 § 6. Section 15-2909 of the environmental conservation law, as added
37 by chapter 509 of the laws of 1984, is amended to read as follows:
38 § 15-2909. Water resources management strategy; hearings.
39 Upon [receipt] adoption of the comprehensive statewide water resources
40 management strategy [from the department of environmental conservation]
41 by the water resources planning council, the council shall promptly
42 publish once a week for three consecutive weeks in newspapers of general
43 circulation and post on the council's website notice of public hearings
44 thereon. Public hearings shall be conducted in each of the [substate
45 areas] regions represented [in the statewide strategy] by a non-voting
46 member of the council, and shall be in accordance with regulations
47 adopted by the [department, subject to modification by the] council.
48 Such regulations shall, at a minimum, require a hearing on the record
49 with sworn witnesses and shall afford interested parties a reasonable
50 opportunity to sponsor witnesses and to question witnesses sponsored by
51 others, including department staff, consistent with the need to conclude
52 the hearings expeditiously so that a state water resources management
53 strategy can be adopted in a timely manner. The hearings shall not be
54 considered part of an adjudicatory proceeding, as defined in subdivision
55 three of section one hundred two of the state administrative procedure
A. 6221--B 5
1 act, or as part of a rule-making proceeding held under subdivision one
2 of section two hundred two of such act.
3 § 7. Section 15-2911 of the environmental conservation law, as added
4 by chapter 509 of the laws of 1984, is amended to read as follows:
5 § 15-2911. Water resources management strategy; approval.
6 The water resources planning council shall, as expeditiously as prac-
7 ticable following the conclusion of its hearings, but in no case later
8 than January first, [nineteen hundred eighty-eight] two thousand twen-
9 ty-one, [determine] adopt, based on the record, [whether] the statewide
10 water resources management strategy [should be approved] with modifica-
11 tions [or disapproved, and shall state in writing the reasons for its
12 determination], if any, based on the testimony and public hearing
13 record. [If the council has determined approval of the] The strategy [,
14 it] adopted by the council shall be adopted by the departments of health
15 and environmental conservation and other appropriate state agencies [in
16 the form determined by the council. If the council has determined disap-
17 proval of the strategy, the department of environmental conservation, in
18 conjunction with the department of health, shall modify the strategy in
19 accordance with the determination issued by the council and resubmit the
20 strategy to the council for its action].
21 § 8. Section 15-2913 of the environmental conservation law, as added
22 by chapter 509 of the laws of 1984, is amended to read as follows:
23 § 15-2913. Water resources management strategy; revision.
24 From time to time and at least once every [two years] year, [the
25 department of environmental conservation, with the participation of the
26 department of health] the water resources planning council, with partic-
27 ipation of all voting members and whenever possible, [regional planning
28 and development boards] non-voting regional members, shall review the
29 strategy and shall either (a) prepare any amendments necessary to update
30 the strategy, or (b) issue a determination that no amendments are neces-
31 sary and the reasons supporting the determination. Any interested person
32 may seek such a review upon written application to the [department of
33 environmental conservation] council for an amendment to the statewide
34 water resources management strategy. [Any statement issued by the
35 departments that no amendments are necessary shall be submitted to the
36 council for approval, modification or disapproval.] Amendments shall be
37 adopted in the same manner as the strategy itself. Every four years, a
38 new comprehensive statewide resources management strategy shall be
39 developed and adopted by the water resources planning council as set
40 forth herein.
41 § 9. The environmental conservation law is amended by adding a new
42 section 15-2915 to read as follows:
43 § 15-2915. Report to legislature and governor.
44 From time to time, but not less than once each year, the water
45 resources planning council shall submit a report to the governor, the
46 majority leader of the senate and the speaker of the assembly on the
47 status and quality of the water resources of the state. When requested,
48 the water commissioner shall represent and provide testimony on behalf
49 of the water resources planning council before the senate and assembly.
50 § 10. This act shall take effect immediately.
