Relates to the regulation of the use of the state's water resources; requires permits for interbasin diversions of water and approval of modification to existing systems; increases fees for water supply permits.

---

S3455-2011 Actions

• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Feb 23, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S3455-2011 Memo

BILL NUMBER:S3455

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to regulating
the use of the state's water resources; and to repeal titles 16 and 33
of article 15 of such law relating
to Great Lakes water conservation and management and
water withdrawal reporting

PURPOSE:
The purpose of this bill is to authorize the
Department of
Environmental Conservation (DEC) to implement a water withdrawal
permitting program to regulate the use of the state's water resources.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill would amend
Environmental Conservation Law (ECL) � 15-1501 to simplify the
existing water supply permit program and to expand the program to
require permits for the most significant water uses. Specifically,
ECL � 15-1501 would be amended to:
(1) require that, once DEC promulgates regulations, all persons that.
operate or propose to operate a water withdrawal system with a
capacity equal to or greater than the "threshold volume" of 100,000
gallons per day (gpd) obtain a permit from DEC; (2) confirm that a
supplier of public water may not install or construct a public water
supply system until it has received approval from the New York State
Department of Health (DOH); (3) require DEC to, promulgate rules and
regulations to implement a permitting program for. water withdrawals
equaling or exceeding the threshold volume; (4) authorize DEC to
consolidate existing public water supply permits for administrative
efficiency; and (5) exempt certain withdrawals from permitting
requirements.

Section 2 of the bill would amend ECL � 15-1502 to add definitions for
the following terms which the bill would add to Title 15 of ECL
Article 15:
"compact basin commission," "environmentally sound and economically
feasible water conservation measures," "interbasin diversion,"
"person," "potable," "public water supply system," "threshold
volume," "water withdrawal system" and "withdrawal."

Section 3 of the bill would amend ECL � 15-1503 to: (1) make
conforming amendments necessitated by other amendments to Title 15
made by the bill; (2) clarify the information that must be provided
with a permit application; (3) require that, in making its permit
decisions, DEC shall determine whether a proposed withdrawal takes
into consideration other sources of supply that are or may become
available, will be adequate for the proposed use, is just and
equitable to all affected municipalities and their inhabitants,
cannot be reasonably avoided through efficient use and conservation
of existing water supplies, is limited to quantities that are
considered reasonable for the purposes for which the water use is
proposed, and will be implemented in a manner that ensures it will
result in no significant individual or cumulative adverse impacts,


incorporates environmentally sound and economically feasible water
conservation measures, and is consistent with applicable municipal,
state and federal laws and regional and international agreements; and
(4) provide that a new permit for a water withdrawal system and a
permit renewal will be valid for a period not to exceed ten years.

Section 4 of the bill would add a new section, 15-1504 to the ECL
relating to water withdrawals for agricultural purposes. 1) Requires
applicable persons who make water withdrawals for agricultural
purposes to register annually or
report the withdrawal to the Department; 2) Defines "great lakes
Basin" and "Great Lakes water"; 3) relates to registration for Great
Lakes water; 4) Requires a report from any person who withdraws
more than 100,000 gallons per day in any consecutive 30 day period;
and 5) Relates to compliance with other articles of ECL.

Section 5 of the bill would amend ECL � 15-1505 to: (1) provide that
no person may make a new or increased interbasin diversion of water
which results in a diversion in excess of one million gpd until the
person has registered the diversion with DEC; (2) provide that no
later than one year from the bill's effective date, all existing
diversions in excess of one million gpd must be registered with DEC;
(3) provide that no person shall make a new or increased interbasin
diversion which results in a significant adverse impact on the water
quantity of the source New York major drainage basin; and (4)
authorize DEC to assess an annual registration fee of $200 for all
persons required to register an inter- basin transfer, unless the
diversion is part of a water withdrawal system for which DEC has
issued a permit pursuant to Title 15,

Section 6 of the bill would amend ECL � 15-1521 to make conforming
amendments necessitated by other amendments to Title 15 made by the
bill and to make technical amendments.

Section 7 of the bill would amend ECL � 15-1529 to provide that, in
lieu of DEC inspection and approval, the construction of any water
withdrawal system will be supervised by a licensed professional
engineer that will certify to DEC and the owner that the system has
been fully completed in accordance with the approved engineering
report, plans and specifications, and the permit.

Section 8 of this bill would repeal, effective December 31, 2014,
Title 16 of ECL Article 15 (Title 16), related to Great Lakes water
conservation and management, because the provisions of Title 16 will
be incorporated, into the permitting requirements of Title 15 as
amended by this bill.

Section 9 of the bill would repeal, effective December 31, 2014, Title
33 of ECL Article 15 (Title 33), which was added by Chapter 59 of the
Laws of 2009 to enable the State to gain information about large
water withdrawals, given that the information collected pursuant to
Title 33 will be incorporated into the permitting requirements of
Title 15 as amended by this bill.

Section 10 of the bill would amend ECL � 71-1127 to increase the
maximum civil penalty for violations of ECL Article 15 from $500 to


$2,500 per violation and from $100 to $500 for each day during which
the violation continues.

Section 11 of the bill would provide for an effective date of April 1,
2012, except that sections 8 and 9 of the bill, which would repeal
Title 16 and Title 33, would take effect on December 31, 2014.

EXISTING LAW:
ECL Article 15 sets forth New York's water resources program.
Title 15 sets forth then provisions related to regulating water
supply, ECL � 15-1501 requires public water suppliers to obtain a
permit from DEC. ECL � 15-1502 provides the definitions applicable to
Title 15. ECL, � 15-1503 sets forth the criteria applicable to DEC's
decision to grant or deny a permit, ECL � 15-1505 requires a permit
for supplying water to other states, ECL � 15-1521 authorizes DEC to
require, that an applicant for a water supply permit make provisions
for and supply water to other areas of the state if the areas should
be supplied by the water source sought by the applicant. ECL
� 15-1529 requires DEC approval of completed construction before a
project may be operated. ECL � 71-1127 establishes the maximum civil
penalty for any person who violates the provisions of ECL Article 15
or any rule, regulation,
order or permit issued thereunder. ECL Article 72 establishes various
environmental regulatory program fees.

JUSTIFICATION:
New York State is fortunate to have plentiful water resources.
The preservation and protection of these resources is vital to New
York's residents and businesses, who rely on these resources for
drinking water supplies, and to support agriculture, manufacturing
and other industries and recreation in the State. Aquatic and
terrestrial flora and fauna are also dependent on these critical
resources to maintain healthy populations. Good policy and sound
natural resource management practices are critical to assuring
long-term supplies of water to meet these needs.

Pursuant to the ECL, DEC has been entrusted with the responsibility to
conserve and control New York State's water resources for the benefit
of all the inhabitants of the State. However, the water supply
provisions of Title 15 derive primarily from statutes written in the
first half of last century, and therefore are outdated. Under the
provisions of Title 15, DEC generally only has authority to regulate
public water supplies to ensure adequate quantities of potable water.
As a result, consumptive uses of water for agricultural, commercial,
and industrial consumptive uses remain largely unregulated.

Moreover, since the provisions of Article 15 were enacted, population
growth, pressures to keep water instream for fisheries and the
environment, and increased use of water for commercial, industrial
and other purposes have resulted in substantially increased demands
on the State's water resources, In addition, potential impacts from
climate change, and proposals to export vast amounts of water from
New York to other states and abroad could pose new threats to the
State's water supply. These issues have served to highlight the
limitations on the State's water resources program and DEC's limited
ability to regulate water withdrawals for many purposes. In contrast,
neighboring states of Connecticut, New Jersey, Rhode Island, and


Massachusetts all have programs that regulate industrial, commercial
and agricultural water withdrawals.

Another important recent development is enactment of the Great
Lakes-St. Lawrence River Basin Water Resources Compact (Compact)
which includes a number of provisions to preserve and protect the
water resources of the Great Lakes-St. Lawrence River Basin (Great
Lakes Basin). The Great Lakes Basin is home to 20 percent of New
York's population and covers approximately 50 percent of New York
State by area. A key provision of the Compact requires that New York
regulate all water withdrawals occurring in the New York portion of
the Great Lakes Basin. Once the provisions of the Compact are fully
implemented in New York, a significant portion of the. State's water
resources will be protected.

These developments, and the potential adverse effects of climate
change, support the need to implement more effective measures as
proposed by this bill to protect and conserve all of New York's water
resources.

This bill, by authorizing DEC to implement a statewide permitting
program for all water withdrawals of equal or greater than 100,000
gpd, would allow New York to meet one if its significant
responsibilities under the Compact:
implementation of a regulatory program for water withdrawals in the
Great Lakes Basin. Further, this bill would result in a strengthening
of the water conservation elements of the current permitting program
and encourage water reuse, consistent with the Compact and sound
resource management.

Finally, by focusing DEC's jurisdiction on significant withdrawals
which exceed 100,000 gpd, DEC would no longer be required to issue
permits for smaller public water supplies. This change would allow
DEC to focus its
attention on large withdrawals that have the potential to have
significant impact on the quantity and quality of the State's water
resources, while relieving smaller communities of the regulatory
burden of obtaining a permit from DEC. Although small public water
supplies would be exempt from. DEC's permitting process, DOE would
continue to regulate these smaller withdrawals to ensure their
adequacy and the protection of public health.

PRIOR LEGISLATIVE HISTORY:
S.8280A Passed Senate in 2010

FISCAL IMPLICATIONS:
This bill would not have any significant fiscal
impact on the State because DEC would implement the new requirements
with existing resources

EFFECTIVE DATE:
This Act shall take effect April 1, 2012; provided,
however, that section four of this act shall take effect immediately;
and provided further that sections eight and nine of this act shall
take effect December 31, 2014.

S3455-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3455

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 23, 2011
                                 ___________

  Introduced  by Sen. GRISANTI -- 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 regu-
    lating the use of the state's water resources; and to repeal titles 16
    and 33 of article 15 of such law relating to Great Lakes water conser-
    vation and management and water withdrawal reporting

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Section 15-1501 of the environmental conservation law, as
  amended by chapter 233 of the laws  of  1979,  is  amended  to  read  as
  follows:

  S 15-1501. [New   or   additional   sources   of   water  supply]  WATER
               WITHDRAWALS; permit.
    1. Except as otherwise provided in this title, no  person  [or  public
  corporation]  who is [authorized and] engaged in, or proposing to engage
  in, the [acquisition, conservation, development, use and distribution of
  water for potable purposes, for the irrigation  of  agricultural  lands,
  for  projects  taken  pursuant  to Article 5-D of the County Law, or for
  multi-purpose projects authorized by a general plan adopted and approved
  pursuant to title 11 of this article,] OPERATION OF A  WATER  WITHDRAWAL
  SYSTEM WITH A CAPACITY OF GREATER THAN OR EQUAL TO THE THRESHOLD VOLUME,
  shall  have  any  power to do the following until such person [or public
  corporation] has first obtained a permit OR PERMIT MODIFICATION from the
  department pursuant to this title:

    a. To [acquire or take] MAKE  a  water  [supply]  WITHDRAWAL  FROM  AN
  EXISTING OR NEW SOURCE or an [additional] INCREASED water [supply] WITH-
  DRAWAL from an existing [approved] PERMITTED source; or
    b. To take or condemn lands for THE PROTECTION OF ANY EXISTING SOURCES
  OF  PUBLIC WATER SUPPLY; OR FOR THE DEVELOPMENT OR PROTECTION OF any new
  or additional sources of PUBLIC water supply [or for the utilization  of
  such supplies]; or

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08389-02-1

 S. 3455                             2

    c.  To commence or undertake the construction of any works or projects
  in connection with the proposed [plans] WITHDRAWAL; or
    d. [To exercise any franchise hereafter granted to supply water to any
  inhabitants of the state; or
    e.]  To  extend its supply or distribution mains into [a municipality,
  water district, water supply district, or other civil  division  of  the
  state  wherein  it] ANY NEW WATER SERVICE AREA OR EXTENSION THAT has not
  [heretofore legally supplied water] BEEN APPROVED BY THE DEPARTMENT OR A
  PREDECESSOR COMMISSION; or
    [f. To construct any extension of its supply  mains  except  within  a
  service area approved by the department after public hearing; or
    g. To extend the boundaries of a water district; or
    h.  To  supply  water in or for use in any other municipality or civil
  division of the state which owns and  operates  a  water  supply  system
  therein, or in any duly organized water supply or fire district supplied
  with water by another person or public corporation]
    E.  TO  MAKE  A  SIGNIFICANT  CHANGE IN THE PRINCIPAL USE OF THE WATER
  WITHDRAWAL SYSTEM FROM THAT SPECIFIED IN THE PERMIT, OR PERMIT  APPLICA-
  TION.
    2.  [A  permit  shall  not be necessary for the extension of supply or
  distributing mains or pipes of a municipal water supply plant  into  and
  for the purpose of supplying water in any territory within the limits of
  the  municipality  owning  such plant, including territory which has not
  been heretofore supplied with water by such plant, nor  for  the  recon-
  struction  or  replacement  of existing facilities in connection with an
  existing plant wherein the capacity of the plant is in no way increased,
  nor for the construction of filtration  or  other  treatment  facilities
  which will not in any way increase the amount of water which can be made
  available  from  the  present  sources  of supply. A permit shall not be
  necessary for the extension of supply or distributing mains or pipes  of
  a  county water authority into and for the purpose of supplying water in
  any territory assigned to such county water authority within the  limits
  of  the  county but excluding territory specifically assigned to private
  or other municipal water companies by the department which has not  been
  heretofore  supplied  with water by such county water authority, nor for
  the reconstruction or replacement of existing facilities  in  connection
  with  an  existing  plant wherein the capacity of the plant is in no way
  increased, nor for the construction of  filtration  or  other  treatment
  facilities  which will not in any way increase the amount of water which
  can be made available from the  present  sources  of  supply,  provided,
  however,  that  nothing herein contained shall be held to authorize such
  county water authority to enter into competition with, for  the  purpose
  of service in the area served by the mains, the transmission or distrib-
  ution mains of any other water works system, either publicly or private-
  ly  owned,  already  legally  established in said county for the sale of
  water at wholesale or retail, or which hereafter may legally  be  estab-
  lished  for  said  purpose;  or  to  sell water to any other water works
  system, either publicly or privately owned, and not now served  by  said
  county  authority]  ALL  VALID PUBLIC WATER SUPPLY PERMITS AND APPROVALS
  ISSUED BY THE DEPARTMENT OR ITS PREDECESSORS SHALL REMAIN IN FULL  FORCE
  AND  EFFECT  AND  SHALL  BE DEEMED TO SATISFY THE PERMIT REQUIREMENTS OF
  SUBDIVISION 1 OF THIS SECTION FOR  EXISTING  WATER  WITHDRAWALS  FROM  A
  SOURCE  AND  IN  AN AMOUNT AUTHORIZED BY SUCH PERMIT OR APPROVAL.  UNTIL
  THE DEPARTMENT PROMULGATES REGULATIONS PURSUANT TO SUBDIVISION 4 OF THIS
  SECTION, NOTHING CONTAINED IN SUBDIVISION 1 OF THIS  SECTION  CONCERNING

 S. 3455                             3

  PERMITS  FROM  THE  DEPARTMENT  SHALL BE APPLICABLE TO WATER WITHDRAWALS
  OTHER THAN FOR A PUBLIC WATER SUPPLY SYSTEM.
    3.    Nothing  CONTAINED  in  this [section provided] TITLE CONCERNING
  PERMITS FROM THE DEPARTMENT FOR WATER WITHDRAWALS  shall  be  deemed  to
  nullify the requirements [of Regulation 2, Chapter V] of the State Sani-
  tary  Code[, as] APPLICABLE TO DRINKING WATER SUPPLIES, INCLUDING PUBLIC
  WATER SYSTEMS, in effect on [January 1, 1960, that plans for a new water
  treatment plant for the treatment of an existing public water supply  or
  for  any  addition  to  or  modification  of an existing water treatment
  plant, or for any addition to or modification of a public  water  supply
  system  which will or may affect the quality of the public water supply,
  shall be submitted to and approved by the Commissioner of Health,  which
  regulation  has  no application to a new or additional source or sources
  of public water supply of a permanent character which require  a  permit
  from  the  Department of Environmental Conservation under the provisions
  of this article] APRIL 1, 2012, AS MAY BE AMENDED FROM TIME TO TIME.  NO
  SUPPLIER OF WATER SHALL MAKE, INSTALL OR CONSTRUCT, OR ALLOW TO BE MADE,
  INSTALLED  OR  CONSTRUCTED, A PUBLIC WATER SUPPLY SYSTEM OR ANY ADDITION
  OR DELETION TO OR MODIFICATION OF A PUBLIC WATER SUPPLY SYSTEM UNTIL THE
  PLANS AND SPECIFICATIONS THEREFOR HAVE BEEN SUBMITTED TO AND APPROVED BY
  THE COMMISSIONER OF HEALTH OR HIS OR HER DESIGNEE AS MAY BE REQUIRED  BY
  THE STATE SANITARY CODE.
    4.  THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO IMPLEMENT A PERMIT-
  TING PROGRAM FOR WATER WITHDRAWALS EQUAL TO OR GREATER THAN THE  THRESH-
  OLD  VOLUME CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION WHICH SHALL
  ESTABLISH:  (A) MINIMUM STANDARDS FOR OPERATION AND NEW CONSTRUCTION  OF
  WATER  WITHDRAWAL  SYSTEMS;  (B) MONITORING, REPORTING AND RECORDKEEPING
  REQUIREMENTS; AND (C) PROTECTIONS  FOR  PRESENT  AND  FUTURE  NEEDS  FOR
  SOURCES OF POTABLE WATER SUPPLY.  SUCH REGULATIONS MAY ESTABLISH QUANTI-
  TATIVE  STANDARDS THAT MAINTAIN STREAM FLOWS PROTECTIVE OF AQUATIC LIFE,
  CONSISTENT WITH THE POLICY OBJECTIVES OF  THIS  ARTICLE  AND  ANY  OTHER
  CONDITIONS,  LIMITATIONS AND RESTRICTIONS THAT THE DEPARTMENT DETERMINES
  ARE NECESSARY TO PROTECT THE ENVIRONMENT AND THE PUBLIC  HEALTH,  SAFETY
  AND  WELFARE  AND  TO  ENSURE THE PROPER MANAGEMENT OF THE WATERS OF THE
  STATE.    THE  REGULATIONS  MAY  ESTABLISH  EXEMPTIONS  FROM  PERMITTING
  REQUIREMENTS IN ADDITION TO THOSE EXEMPTIONS SPECIFIED IN THIS SECTION.
    5.  THE  DEPARTMENT IS AUTHORIZED TO CONSOLIDATE EXISTING WATER SUPPLY
  PERMITS FOR A PUBLIC WATER  SUPPLY  SYSTEM  INTO  ONE  PERMIT,  AND  MAY
  REQUIRE  SUBMISSION  OF AN APPLICATION FOR SUCH PERMIT WHERE THE DEPART-
  MENT DETERMINES THAT SUCH ACTIONS ARE NECESSARY TO PROTECT THE  ENVIRON-
  MENT  AND THE PUBLIC HEALTH, SAFETY AND WELFARE AND TO ENSURE THE PROPER
  MANAGEMENT OF THE WATERS OF THE STATE.
    6. EACH PERSON WHO IS REQUIRED UNDER THIS SECTION TO OBTAIN  A  PERMIT
  SHALL  ANNUALLY,  ON  A  FORM  PRESCRIBED  BY THE DEPARTMENT, REPORT ALL
  INFORMATION REQUESTED BY THE DEPARTMENT, INCLUDING BUT  NOT  LIMITED  TO
  WATER  USAGE  AND  WATER  CONSERVATION  MEASURES  UNDERTAKEN  DURING THE
  REPORTING PERIOD. INFORMATION ON  WATER  USAGE  AND  WATER  CONSERVATION
  MEASURES SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE.
    7. THE FOLLOWING WATER WITHDRAWALS ARE EXEMPT FROM THE PERMIT REQUIRE-
  MENTS  ESTABLISHED  BY  THIS  SECTION:  (A)  WITHDRAWALS  USED  FOR FIRE
  SUPPRESSION OR PUBLIC EMERGENCY  PURPOSES;  (B)  WITHDRAWALS  THAT  HAVE
  RECEIVED AN APPROVAL FROM A COMPACT BASIN COMMISSION WHICH ADMINISTERS A
  PROGRAM  GOVERNING  WATER WITHDRAWALS; (C) CLOSED LOOP, STANDING COLUMN,
  OR SIMILAR NON-EXTRACTIVE GEOTHERMAL HEAT  PUMPS;  (D)  WITHDRAWALS  FOR
  WHICH  A  PERMIT HAS BEEN ISSUED PURSUANT TO THE REQUIREMENTS OF SECTION
  15-1527  OF  THIS  TITLE;  (E)  EXISTING  WITHDRAWALS  FOR  AGRICULTURAL

 S. 3455                             4

  PURPOSES PROVIDED THE WITHDRAWAL HAS BEEN REGISTERED WITH THE DEPARTMENT
  PURSUANT  TO THE REQUIREMENTS OF TITLE 16 OF THIS ARTICLE OR REPORTED TO
  THE DEPARTMENT PURSUANT TO THE REQUIREMENTS OF TITLE 33 OF THIS  ARTICLE
  ON  OR  BEFORE  APRIL  1, 2012; AND (F) WITHDRAWALS AT REMEDIATION SITES
  CONDUCTED PURSUANT TO A FEDERAL OR STATE COURT ORDER OR FEDERAL OR STATE
  GOVERNMENT AGENCY AGREEMENT OR ORDER.
    8. THE DEPARTMENT SHALL ESTABLISH A WATER CONSERVATION AND  EFFICIENCY
  PROGRAM  WITH  THE  GOALS  OF (A) ENSURING IMPROVEMENT OF THE WATERS AND
  WATER DEPENDENT NATURAL RESOURCES,  (B)  PROTECTING  AND  RESTORING  THE
  HYDROLOGIC  AND  ECOSYSTEM INTEGRITY OF WATERSHEDS THROUGHOUT THE STATE,
  (C) RETAINING THE QUANTITY OF  SURFACE  WATER  AND  GROUNDWATER  IN  THE
  STATE,  (D)  ENSURING SUSTAINABLE USE OF STATE WATERS, AND (E) PROMOTING
  THE EFFICIENCY OF USE AND REDUCING LOSSES AND WASTE OF WATER.
    9. THE DEPARTMENT SHALL ISSUE AN INITIAL PERMIT, SUBJECT TO  APPROPRI-
  ATE  TERMS  AND CONDITIONS AS REQUIRED UNDER THIS ARTICLE, TO ANY PERSON
  NOT EXEMPT FROM THE PERMITTING REQUIREMENTS OF  THIS  SECTION,  FOR  THE
  MAXIMUM WATER WITHDRAWAL CAPACITY REPORTED TO THE DEPARTMENT PURSUANT TO
  THE  REQUIREMENTS  OF  TITLE 16 OR TITLE 33 OF THIS ARTICLE ON OR BEFORE
  APRIL 1, 2012.
    S 2. Section 15-1502 of the environmental conservation law is  amended
  by adding ten new subdivisions 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 to
  read as follows:

    7.  "AGRICULTURAL  PURPOSE"  SHALL  MEAN  THE  PRACTICE OF FARMING FOR
  CROPS, PLANTS, VINES AND TREES, AND THE KEEPING, GRAZING, OR FEEDING  OF
  LIVESTOCK  FOR  SALE OF LIVESTOCK OR LIVESTOCK PRODUCTS, AND THE ON-FARM
  PROCESSING OF CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS.
    8.  "COMPACT BASIN COMMISSION" SHALL  MEAN  AN  INTERSTATE  COMMISSION
  HAVING  JURISDICTION  WITH  RESPECT TO THE REGULATION OF WATER RESOURCES
  WITHIN  A  BASIN  IN  THE  STATE,  CREATED  BY  INTERSTATE  COMPACT   OR
  FEDERAL-INTERSTATE COMPACT, INCLUDING BUT NOT LIMITED TO, THE SUSQUEHAN-
  NA RIVER BASIN COMMISSION AND THE DELAWARE RIVER BASIN COMMISSION.
    9. "ENVIRONMENTALLY SOUND AND ECONOMICALLY FEASIBLE WATER CONSERVATION
  MEASURES"  SHALL MEAN THOSE MEASURES, METHODS, TECHNOLOGIES OR PRACTICES
  FOR EFFICIENT WATER USE AND FOR REDUCTION OF WATER LOSS AND WASTE OR FOR
  REDUCING A WITHDRAWAL, CONSUMPTIVE USE OR DIVERSION THAT: (I) ARE  ENVI-
  RONMENTALLY  SOUND;  (II) REFLECT BEST PRACTICES APPLICABLE TO THE WATER
  USE SECTOR; (III) ARE  TECHNICALLY  FEASIBLE  AND  AVAILABLE;  (IV)  ARE
  ECONOMICALLY  FEASIBLE  AND  COST  EFFECTIVE  BASED  ON AN ANALYSIS THAT
  CONSIDERS DIRECT AND AVOIDED ECONOMIC AND ENVIRONMENTAL COSTS;  AND  (V)
  CONSIDER  THE  PARTICULAR FACILITIES AND PROCESSES INVOLVED, TAKING INTO
  ACCOUNT THE  ENVIRONMENTAL  IMPACT,  AGE  OF  EQUIPMENT  AND  FACILITIES
  INVOLVED,  THE  PROCESSES EMPLOYED, ENERGY IMPACTS AND OTHER APPROPRIATE
  FACTORS.
    10. "INTERBASIN DIVERSION" SHALL MEAN THE TRANSFER OF WATER OR  WASTE-
  WATER FROM ONE NEW YORK MAJOR DRAINAGE BASIN TO ANOTHER DRAINAGE BASIN.
    11. "PERSON" SHALL MEAN ANY INDIVIDUAL, PUBLIC OR PRIVATE CORPORATION,
  POLITICAL  SUBDIVISION,  GOVERNMENT  AGENCY, DEPARTMENT OR BUREAU OF THE
  STATE, MUNICIPALITY, INDUSTRY, CO-PARTNERSHIP, ASSOCIATION, FIRM, TRUST,
  ESTATE OR ANY OTHER LEGAL ENTITY WHATSOEVER.
    12. "POTABLE WATER" SHALL MEAN WATER INTENDED  FOR  HUMAN  CONSUMPTION
  THAT  MEETS  THE  REQUIREMENTS FOR A PUBLIC WATER SYSTEM AS SET FORTH IN
  THE STATE SANITARY CODE.
    13. "PUBLIC WATER SUPPLY SYSTEM" SHALL MEAN  A  PERMANENTLY  INSTALLED
  WATER  WITHDRAWAL  SYSTEM  INCLUDING  ITS  SOURCE,  COLLECTION, PUMPING,
  TREATMENT, TRANSMISSION, STORAGE AND  DISTRIBUTION  FACILITIES  USED  IN
  CONNECTION  WITH  SUCH SYSTEM, WHICH PROVIDES PIPED POTABLE WATER TO THE

 S. 3455                             5

  PUBLIC FOR POTABLE PURPOSES, IF SUCH SYSTEM HAS AT  LEAST  FIVE  SERVICE
  CONNECTIONS USED BY YEAR-ROUND RESIDENTS.
    14.  "THRESHOLD VOLUME" SHALL MEAN THE WITHDRAWAL OF WATER OF A VOLUME
  OF ONE HUNDRED THOUSAND GALLONS OR  MORE  PER  DAY,  DETERMINED  BY  THE
  LIMITING MAXIMUM CAPACITY OF THE WATER WITHDRAWAL, TREATMENT, OR CONVEY-
  ANCE  SYSTEM;  PROVIDED  THAT  FOR  AGRICULTURAL  PURPOSES THE THRESHOLD
  VOLUME SHALL MEAN A WITHDRAWAL OF WATER OF A  VOLUME  IN  EXCESS  OF  AN
  AVERAGE OF ONE HUNDRED THOUSAND GALLONS PER DAY IN ANY CONSECUTIVE THIR-
  TY-DAY PERIOD.
    15.  "WATER WITHDRAWAL SYSTEM" SHALL MEAN ANY EQUIPMENT OR INFRASTRUC-
  TURE OPERATED OR MAINTAINED FOR THE PROVISION  OR  WITHDRAWAL  OF  WATER
  INCLUDING, BUT NOT LIMITED TO, COLLECTION, PUMPING, TREATMENT, TRANSPOR-
  TATION, TRANSMISSION, STORAGE, AND DISTRIBUTION.
    16.  "WITHDRAWAL"  OR  "WITHDRAWAL OF WATER" SHALL MEAN THE REMOVAL OR
  TAKING OF WATER FOR ANY PURPOSE FROM THE WATERS OF THE STATE.
    S 3. Section 15-1503 of the environmental conservation law, as amended
  by chapter 364 of the laws of 1988, is amended to read as follows:

  S 15-1503. Permits.
    1. A permit application or request for a permit renewal  or  modifica-
  tion  shall be made on forms [provided] PRESCRIBED by the department and
  shall [be accompanied by]  CONTAIN  ALL  INFORMATION  REQUESTED  BY  THE
  DEPARTMENT  RELATIVE  TO  THE  WITHDRAWAL,  USE  AND DISCHARGE OF WATER,
  INCLUDING:

    A. WITH RESPECT TO A PUBLIC WATER SUPPLY  SYSTEM,  proof  of  adequate
  authorization for the proposed project[,];
    B.  such exhibits as may be necessary clearly to indicate the scope of
  the proposed project[,];
    C. a map of any lands to be acquired [and];
    D. project plans[.  The application shall also indicate];
    E. A STATEMENT OF the need for and the reasons why the proposed source
  or sources of supply were selected among the alternative  sources  which
  are  or  may become available[,] AND the adequacy of the supply selected
  [and the method proposed to determine and provide for the proper compen-
  sation for any direct and indirect legal damages to persons or  property
  that  will  result  from the acquisition of any lands in connection with
  the proposed project or from the execution of the proposed project.  The
  application  shall also contain, in accordance with local water resource
  needs and conditions,]; AND
    F. a description of the applicant's PROPOSED near term and long  range
  water  conservation  program THAT INCORPORATES ENVIRONMENTALLY SOUND AND
  ECONOMICALLY FEASIBLE WATER CONSERVATION MEASURES, including implementa-
  tion and enforcement procedures, effectiveness to date and  any  planned
  modifications  for  the future. [Such] FOR A PUBLIC WATER SUPPLY SYSTEM,
  THE WATER CONSERVATION program may  include  but  [shall]  NEED  not  be
  limited to:

    [a.]  I.  the identification of and cost effectiveness of distribution
  system rehabilitation to correct sources of lost water;
    [b.] II. measures which encourage proper maintenance and water conser-
  vation;
    [c.] III. a public information program to promote water  conservation,
  including industrial and commercial recycling and reuse;
    [d.] IV. household conservation measures; and
    [e.] V. contingency measures for limiting water use during seasonal or
  drought  shortages.  [If  the  proposed  project provides for the use of
  water for potable purposes, the application shall also include  adequate

 S. 3455                             6

  proof  of the character and purity of the water supply to be acquired or
  used and the proposed method of treatment.]
    2.  In  making  its  decision  to grant or deny a permit or to grant a
  permit with conditions, the department shall determine whether:

    A. the proposed [project is justified by the public necessity, whether
  it] WATER WITHDRAWAL takes proper  consideration  of  other  sources  of
  supply  that  are  or  may become available[, whether all work connected
  with the project will be proper and construction safe, whether];
    B. the QUANTITY OF supply will be adequate[,  whether  there  will  be
  proper  protection  of the supply and watershed or whether there will be
  proper treatment of any additional supply, whether]   FOR  THE  PROPOSED
  USE;
    C.  the  project  is just and equitable to all affected municipalities
  and their inhabitants [and in particular] with regard to  their  present
  and  future needs for sources of POTABLE water supply[, whether there is
  provision for fair and equitable determinations of and payments  of  any
  direct  and  indirect  legal  damages  to  persons or property that will
  result from the acquisition of any lands in connection with the proposed
  project or from the execution of the proposed project, and  whether  the
  applicant  has developed and implemented a water conservation program in
  accordance with local water resource  needs  and  conditions.    If  the
  proposed project is a multi-purpose project, in whole or in part author-
  ized by a general plan adopted and approved pursuant to title 11 of this
  article,  the  department  in  addition  shall determine if the proposed
  project is in conformity with the general plan];
    D. THE NEED FOR ALL OR PART OF THE PROPOSED WATER WITHDRAWAL CANNOT BE
  REASONABLY AVOIDED THROUGH THE EFFICIENT USE AND CONSERVATION OF  EXIST-
  ING WATER SUPPLIES;
    E.  THE  PROPOSED  WATER  WITHDRAWAL IS LIMITED TO QUANTITIES THAT ARE
  CONSIDERED REASONABLE FOR THE  PURPOSES  FOR  WHICH  THE  WATER  USE  IS
  PROPOSED;
    F.  THE  PROPOSED  WATER WITHDRAWAL WILL BE IMPLEMENTED IN A MANNER TO
  ENSURE IT WILL RESULT IN NO SIGNIFICANT INDIVIDUAL OR CUMULATIVE ADVERSE
  IMPACTS ON THE QUANTITY OR QUALITY OF THE WATER SOURCE AND WATER DEPEND-
  ENT NATURAL RESOURCES;
    G. THE PROPOSED WATER WITHDRAWAL WILL BE IMPLEMENTED IN A MANNER  THAT
  INCORPORATES  ENVIRONMENTALLY  SOUND  AND  ECONOMICALLY  FEASIBLE  WATER
  CONSERVATION MEASURES; AND
    H. THE PROPOSED WATER WITHDRAWAL WILL BE IMPLEMENTED IN A MANNER  THAT
  IS  CONSISTENT WITH APPLICABLE MUNICIPAL, STATE AND FEDERAL LAWS AS WELL
  AS REGIONAL INTERSTATE AND INTERNATIONAL AGREEMENTS.
    3. In order to assist the  development  of  local  water  conservation
  [plans] PROGRAMS FOR PUBLIC WATER SUPPLY SYSTEMS, the department shall[,
  by  the  effective  date  of  this subdivision,] CONTINUE TO publish and
  distribute a [model local water conservation  plan]  WATER  CONSERVATION
  MANUAL that includes beneficial near term and long range water conserva-
  tion procedures which reflect local water resource needs and conditions.
  Such [plan] MANUAL shall include examples of:

    a.  methods  of  identifying and determining the cost effectiveness of
  distribution system rehabilitation to correct sources of lost water;
    b. measures which encourage proper maintenance and water conservation;
    c. a public information program to promote water conservation, includ-
  ing industrial and commercial recycling and reuse;
    d. household conservation measures; and
    e. contingency measures for limiting  water  use  during  seasonal  or
  drought shortages.

 S. 3455                             7

    4.  The  department  may grant or deny a permit or grant a permit with
  such conditions as may be necessary to provide  satisfactory  compliance
  by  the  applicant  with the matters subject to department determination
  pursuant to subdivision 2 of this section, or to bring into  cooperation
  all  persons  [or  public  corporations]  that  may  be  affected by the
  project, but it shall make a reasonable effort to meet the needs of  the
  applicant, with due regard to the actual or prospective needs, interests
  and rights of others that may be affected by the project.
    5.  The  rules  and regulations adopted by the department to implement
  this title and the provisions of article 70 of this  chapter  and  rules
  and  regulations  adopted  thereunder  shall govern permit applications,
  renewals, modifications, suspensions and revocations under this title.
    6. A NEW PERMIT FOR A WATER WITHDRAWAL SYSTEM SHALL  BE  VALID  FOR  A
  PERIOD  OF  TIME NOT TO EXCEED TEN YEARS FROM THE DATE OF ISSUANCE, UPON
  WHICH TIME A REQUEST FOR A RENEWAL MUST BE FILED WITH THE DEPARTMENT.  A
  RENEWAL  SHALL BE VALID FOR A PERIOD OF TIME SPECIFIED BY THE DEPARTMENT
  NOT TO EXCEED TEN YEARS. A NEW PERMIT OR  PERMIT  MODIFICATION  MUST  BE
  OBTAINED  FROM  THE DEPARTMENT PRIOR TO ANY TRANSFER OR CHANGE OF OWNER-
  SHIP OF A WATER WITHDRAWAL SYSTEM.
    S 4. The environmental conservation law is amended  by  adding  a  new
  section 15-1504 to read as follows:

  S 15-1504. WATER WITHDRAWALS FOR AGRICULTURAL PURPOSES.
    1. APPLICABILITY.
    A.  THIS  SECTION  APPLIES  TO  WITHDRAWALS  OF WATER FOR AGRICULTURAL
  PURPOSES THAT HAVE BEEN REGISTERED WITH THE DEPARTMENT PURSUANT  TO  THE
  REQUIREMENTS  OF  TITLE 16 OF THIS ARTICLE OR REPORTED TO THE DEPARTMENT
  PURSUANT TO THE REQUIREMENTS OF TITLE 33 OF THIS ARTICLE  ON  OR  BEFORE
  APRIL 1, 2012.
    B.  ALL PERSONS MAKING A WITHDRAWAL OF WATER FOR AGRICULTURAL PURPOSES
  SHALL ANNUALLY REGISTER OR REPORT THE WITHDRAWAL TO THE DEPARTMENT UNDER
  THE PROVISIONS OF THIS SECTION BY MARCH 31 OF EACH YEAR.
    2. WHEN USED IN THIS SECTION:

    A. "GREAT LAKES BASIN" SHALL MEAN THE WATERSHED OF THE GREAT LAKES AND
  THE ST. LAWRENCE RIVER, UPSTREAM FROM TROIS-RIVIERES, QUEBEC, CONSISTING
  IN NEW YORK STATE OF THE LAKE ERIE-NIAGARA  RIVER,  LAKE  ONTARIO  MINOR
  TRIBUTARIES, GENESEE RIVER, SENECA-ONEIDA-OSWEGO RIVER, BLACK RIVER, ST.
  LAWRENCE RIVER AND LAKE CHAMPLAIN DRAINAGE BASINS.
    B.  "GREAT  LAKES  WATER"  SHALL  MEAN  THE  WATER  CONTAINED  IN  THE
  WATERSHED, INCLUDING THE LAKES AND RIVERS, OF THE GREAT LAKES BASIN.
    3. REGISTRATION OF WATER WITHDRAWALS IN THE GREAT LAKES BASIN.
    A. ALL PERSONS WITHDRAWING GREAT LAKES WATER FOR AGRICULTURAL PURPOSES
  IN EXCESS OF AN AVERAGE OF ONE HUNDRED THOUSAND GALLONS PER DAY  IN  ANY
  CONSECUTIVE  THIRTY-DAY  PERIOD  SHALL ANNUALLY REGISTER SUCH WITHDRAWAL
  WITH THE DEPARTMENT.
    B. EACH REGISTRATION SHALL BE ON A FORM AND CONTAIN  SUCH  INFORMATION
  AS MAY BE PRESCRIBED BY THE DEPARTMENT AND CONSIST OF A STATEMENT OF AND
  SUPPORTING  DOCUMENTATION  WHICH SHALL INCLUDE BUT NOT BE LIMITED TO THE
  FOLLOWING:

    (1) THE PLACE AND SOURCE OF THE PROPOSED OR EXISTING WITHDRAWAL;
    (2) THE LOCATION OF ANY DISCHARGE OR RETURN FLOW;
    (3) THE LOCATION AND NATURE OF THE PROPOSED OR EXISTING WATER USE;
    (4) THE ACTUAL OR ESTIMATED AVERAGE ANNUAL  AND  MONTHLY  VOLUMES  AND
  RATES OF WITHDRAWAL; AND
    (5)  THE  ACTUAL  OR  ESTIMATED AVERAGE ANNUAL AND MONTHLY VOLUMES AND
  RATES OF WATER LOSS FROM THE WITHDRAWAL.

 S. 3455                             8

    C. IN CALCULATING THE TOTAL AMOUNT OF AN EXISTING  OR  PROPOSED  WITH-
  DRAWAL FOR THE PURPOSE OF DETERMINING THE APPLICABILITY OF THIS SUBDIVI-
  SION,  A  PERSON SHALL COMBINE ALL SEPARATE WITHDRAWALS WHICH THE PERSON
  MAKES OR PROPOSES TO MAKE, WHETHER OR NOT SUCH  WITHDRAWALS  ARE  FOR  A
  SINGLE AGRICULTURAL PURPOSE OR ARE FOR RELATED BUT SEPARATE AGRICULTURAL
  PURPOSES.
    D. REGISTRATIONS SHALL BE VALID FOR A PERIOD OF ONE YEAR.
    E.  A REGISTRATION MAY BE TRANSFERRED BY SUBMITTING A NOTICE OF TRANS-
  FER TO THE DEPARTMENT PRIOR TO THE DATE  OF  A  TRANSFER  OR  CHANGE  OF
  OWNERSHIP  OF  A  WATER  WITHDRAWAL  SYSTEM ASSOCIATED WITH A REGISTERED
  WITHDRAWAL.
    F. THE DEPARTMENT MAY COOPERATE WITH STATE SOIL AND WATER CONSERVATION
  DISTRICTS FOR THE PREPARATION AND DISTRIBUTION OF INFORMATIONAL  MATERI-
  ALS  TO  PERSONS WHO WITHDRAW WATER FOR AGRICULTURAL PURPOSES, REGARDING
  THE PURPOSES, BENEFITS AND REQUIREMENTS OF THIS SECTION, AND  WHICH  MAY
  ALSO  PROVIDE INFORMATION ON COMPLYING WITH THE REGISTRATION PROGRAM AND
  ON ANY GENERAL OR APPLICABLE METHODS FOR CALCULATING OR ESTIMATING WATER
  WITHDRAWALS OR WATER LOSS.
    4. WATER WITHDRAWAL REPORTING.
    A. ANY PERSON WHO WITHDRAWS WATER FOR AGRICULTURAL PURPOSES IN  EXCESS
  OF AN AVERAGE OF ONE HUNDRED THOUSAND GALLONS PER DAY IN ANY CONSECUTIVE
  THIRTY-DAY  PERIOD  SHALL  ANNUALLY REPORT TO THE DEPARTMENT. THE REPORT
  SHALL BE MADE  ON  A  FORM  AND  CONTAIN  SUCH  INFORMATION  AS  MAY  BE
  PRESCRIBED BY THE DEPARTMENT AND SHALL BE BASED ON THE WATER WITHDRAWALS
  FOR THE PREVIOUS CALENDAR YEAR, AND SHALL INCLUDE BUT NOT BE LIMITED TO:

    (1)  THE WATER SOURCE, THE LOCATION OF THE WATER SOURCE AND THE SOURCE
  CAPACITY IF KNOWN;
    (2) THE AMOUNT OF WATER WITHDRAWN FOR THE REPORTING PERIOD,  INCLUDING
  THE  AVERAGE  OR PEAK WITHDRAWALS FOR INTERVALS SPECIFIED BY THE DEPART-
  MENT;
    (3) A DESCRIPTION OF THE USE OF THE WATER WITHDRAWN; AND
    (4) ESTIMATED AMOUNTS OF WATER TO BE RETURNED, IF ANY,  THE  LOCATIONS
  OF SUCH RETURNS AND THE METHOD OF SUCH RETURNS.
    B.  THE  FOLLOWING  WATER  WITHDRAWALS  ARE  EXEMPT FROM THE REPORTING
  REQUIREMENTS OF THIS SUBDIVISION:

    (1) A WITHDRAWAL REGISTERED WITH THE DEPARTMENT UNDER SUBDIVISION 3 OF
  THIS SECTION;
    (2) A WITHDRAWAL PERMITTED PURSUANT TO SECTION 15-1501 OF THIS TITLE;
    (3) A WITHDRAWAL REPORTED TO THE DEPARTMENT  UNDER  ANY  PROGRAM  THAT
  REQUIRES  THE  REPORTING  OF SUBSTANTIALLY SIMILAR DATA, INCLUDING WITH-
  DRAWALS REGULATED BY THE SUSQUEHANNA  RIVER  BASIN  COMMISSION  AND  THE
  DELAWARE RIVER BASIN COMMISSION;
    (4) A WITHDRAWAL PERMITTED UNDER SECTION 15-1527 OF THIS TITLE;
    (5) CLOSED LOOP, STANDING COLUMN, OR SIMILAR NON-EXTRACTIVE GEOTHERMAL
  HEAT PUMPS; AND
    (6) RECLAIMED WASTEWATER WITHDRAWN FOR REUSE.
    5.  WITHDRAWALS  OF  WATER  FOR  AGRICULTURAL  PURPOSES  REGISTERED OR
  REPORTED TO THE DEPARTMENT UNDER THE REQUIREMENTS OF THIS SECTION  SHALL
  BE DEEMED TO BE IN COMPLIANCE WITH THE REQUIREMENTS OF TITLE SIXTEEN AND
  TITLE THIRTY-THREE OF THIS ARTICLE, AS APPLICABLE.
    S 5. Section 15-1505 of the environmental conservation law, as amended
  by chapter 233 of the laws of 1979, is amended to read as follows:

  S 15-1505. [Water]  INTERBASIN  DIVERSIONS  AND  WATER  supply  to other
               states.
    1. No person [or public corporation] shall transport or carry  through
  pipes,  conduits,  ditches or canals the waters of any fresh water lake,

 S. 3455                             9

  pond, brook, river, stream, or creek in this state or any well,  subsur-
  face  or  percolating  waters of this state into any other state for use
  therein without first obtaining a permit from the department pursuant to
  this title.
    2.  NO PERSON SHALL MAKE A NEW OR INCREASED INTERBASIN DIVERSION WHICH
  RESULTS IN A DIVERSION IN EXCESS OF ONE  MILLION  GALLONS  PER  DAY,  AS
  DETERMINED  BY THE LIMITING MAXIMUM CAPACITY OF THE TREATMENT OR CONVEY-
  ANCE SYSTEM, OR CONSTRUCT FACILITIES OR EQUIPMENT THEREFOR,  UNTIL  SUCH
  PERSON  HAS  REGISTERED THE DIVERSION WITH THE DEPARTMENT. NO LATER THAN
  APRIL 1, 2013, ALL EXISTING  INTERBASIN  DIVERSIONS  IN  EXCESS  OF  ONE
  MILLION  GALLONS PER DAY, AS DETERMINED BY THE LIMITING MAXIMUM CAPACITY
  OF THE TREATMENT OR CONVEYANCE SYSTEM,  SHALL  BE  REGISTERED  WITH  THE
  DEPARTMENT.
    3.  REGISTRATION  IS NOT REQUIRED FOR AN INTERBASIN DIVERSION WHICH IS
  PART OF A WATER WITHDRAWAL SYSTEM FOR WHICH THE DEPARTMENT HAS ISSUED  A
  PERMIT  UNDER  THIS  TITLE,  OR  WHICH  IS  OPERATING PURSUANT TO A DULY
  AUTHORIZED PERMIT ISSUED BY THE DEPARTMENT OR ITS PREDECESSORS.
    4. REGISTRATION SHALL BE RENEWED EVERY YEAR OR WHENEVER  OWNERSHIP  OF
  THE  FACILITIES  WHICH  CREATE  AN  INTERBASIN DIVERSION IS TRANSFERRED,
  WHICHEVER OCCURS FIRST. REGISTRATION SHALL BE MADE ON  FORMS  PRESCRIBED
  BY  THE  DEPARTMENT  AND  SHALL CONTAIN ALL INFORMATION REQUESTED BY THE
  DEPARTMENT RELATIVE TO THE WATER WITHDRAWAL,  USE  AND  DISCHARGE.  EACH
  PERSON WHO IS REQUIRED UNDER THIS SECTION TO REGISTER SHALL ANNUALLY, ON
  A FORM PRESCRIBED BY THE DEPARTMENT, REPORT ALL INFORMATION REQUESTED BY
  THE  DEPARTMENT,  INCLUDING THE AMOUNT OF WATER DIVERTED. INFORMATION ON
  INTERBASIN DIVERSIONS SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE.
    5. NO PERSON SHALL MAKE A NEW OR INCREASED INTERBASIN DIVERSION  WHICH
  RESULTS  IN  A  SIGNIFICANT  ADVERSE IMPACT ON THE WATER QUANTITY OF THE
  SOURCE NEW YORK MAJOR DRAINAGE BASIN.
    6. DIVERSIONS FROM  THE  GREAT  LAKES-ST.  LAWRENCE  RIVER  BASIN  ARE
  PROHIBITED  BY  THE GREAT LAKES-ST. LAWRENCE RIVER BASIN WATER RESOURCES
  COMPACT, AS ENACTED IN TITLE 10 OF ARTICLE 21 OF THIS CHAPTER.   LIMITED
  EXCEPTIONS  FOR PUBLIC WATER SUPPLY SYSTEMS WILL ONLY BE CONSIDERED WHEN
  IN COMPLIANCE WITH THAT COMPACT.
    S 6. Section 15-1521 of the environmental conservation law, as amended
  by chapter 233 of the laws of 1979, is amended to read as follows:

  S 15-1521. Supply of water to other public water supply systems.
    On any application for a new or [additional] INCREASED  WITHDRAWAL  OF
  WATER  FOR A PUBLIC water supply [or source of water supply] SYSTEM, the
  department  may  require  or  authorize  [any]  THE  applicant  to  make
  provisions  for  the supply and to supply water to any area of the state
  which as determined by the department in its decision on  that  applica-
  tion  properly  should be supplied with water from the source or sources
  of water supply sought by the applicant. The owner or  operator  of  any
  existing  or  proposed  [water  works] PUBLIC WATER SUPPLY system within
  such area may apply to the department for a permit to  take  water  from
  that  source of water supply or from any part of the PUBLIC water supply
  system of the applicant supplied in whole or in part from  that  source.
  If the department so requires, or if it grants a permit, it shall be the
  duty  of  the applicant so to supply water, subject to such requirements
  as the department may impose. The PRICE TO BE PAID  FOR  THE  amount  of
  water  so  to be taken [and the price to be paid therefor] may be agreed
  upon between the applicant and the taker of the water, or if they cannot
  agree, fair and reasonable amounts and rates shall be, after  due  hear-
  ings  thereon,  fixed  by  the  [department, provided however, that such
  department shall have no power to fix rates in any case where the Public

 S. 3455                            10

  Service Commission has such power, and provided further, that nothing in
  this section contained shall be construed as diminishing the  powers  of
  said Public Service Commission in respect to rates of water works compa-
  nies  subject  to its jurisdiction] PUBLIC SERVICE COMMISSION.  Any such
  agreement or determination of the [department] PUBLIC SERVICE COMMISSION
  may from time to time be  modified  by  further  agreement  between  the
  parties  affected  thereby  or  by the further order of the [department]
  COMMISSION.
    S 7. Section 15-1529 of the environmental conservation law is  amended
  to read as follows:

  S 15-1529. [Final  approval  of  work] APPROVAL OF COMPLETED WATER WITH-
               DRAWAL SYSTEMS.
    [Before any project authorized to be developed or  carried  out  under
  this  title  15  shall  be  operated,  it  must, as completed, have been
  approved by the department] THE CONSTRUCTION  OF  ANY  NEW  OR  MODIFIED
  WATER  WITHDRAWAL  SYSTEM AUTHORIZED UNDER THIS TITLE SHALL BE UNDER THE
  GENERAL SUPERVISION OF A PERSON OR FIRM  LICENSED  TO  PRACTICE  PROFES-
  SIONAL  ENGINEERING  IN THE STATE. UPON COMPLETION OF CONSTRUCTION, SUCH
  PERSON OR FIRM SHALL CERTIFY TO THE DEPARTMENT THAT THE WATER WITHDRAWAL
  SYSTEM HAS BEEN FULLY COMPLETED IN ACCORDANCE WITH  THE  APPROVED  ENGI-
  NEERING  REPORT,  PLANS AND SPECIFICATIONS, AND THE PERMIT ISSUED BY THE
  DEPARTMENT PURSUANT TO THIS TITLE. THE OWNER SHALL NOT  COMMENCE  OPERA-
  TION OF THE NEW OR MODIFIED WATER WITHDRAWAL SYSTEM PRIOR TO THE DEPART-
  MENT  RECEIVING  SUCH CERTIFICATE AND PRIOR TO APPROVAL OF THE SYSTEM BY
  THE DEPARTMENT OF HEALTH OR ITS DESIGNEE AS MAY BE REQUIRED BY THE STATE
  SANITARY CODE.
    S 8. Title 16 of article 15 of the environmental conservation  law  is
  REPEALED.
    S  9.  Title 33 of article 15 of the environmental conservation law is
  REPEALED.
    S 10. Subdivision 1 of section 71-1127 of the environmental  conserva-
  tion  law,  as amended by chapter 640 of the laws of 1977, is amended to
  read as follows:

    1. Any person who violates any of the provisions of, or who  fails  to
  perform  any  duty  imposed by article 15 except section 15-1713, or who
  violates or who fails to comply with any rule, regulation, determination
  or order of the department heretofore or hereafter promulgated  pursuant
  to  article  15  except  section  15-1713,  or any condition of a permit
  issued pursuant to article 15 of this chapter, or any  determination  or
  order  of  the  former  water resources commission or the [Department of
  Environmental Conservation] DEPARTMENT heretofore  promulgated  pursuant
  to former article 5 of the Conservation Law, shall be liable for a civil
  penalty  of  not  more  than  TWO THOUSAND five hundred dollars for such
  violation and an additional civil penalty of not more  than  [one]  FIVE
  hundred dollars for each day during which such violation continues, and,
  in  addition  thereto,  such person may be enjoined from continuing such
  violation as otherwise provided in article 15 except section 15-1713.
    S 11. This act shall take effect April 1, 2012; provided, however that
  section four of this act shall take effect  immediately;  and  provided,
  further  that  sections  eight  and  nine  of this act shall take effect
  December 31, 2014.