A5318-2011 Actions

• Aug 16, 2011: signed chap.401
• Aug 16, 2011: delivered to governor
• Jun 16, 2011: RETURNED TO ASSEMBLY
• Jun 16, 2011: PASSED SENATE
• Jun 13, 2011: 3RD READING CAL.170
• Jun 13, 2011: SUBSTITUTED FOR S3798
• May 2, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION
• May 2, 2011: delivered to senate
• May 2, 2011: passed assembly
• Apr 28, 2011: advanced to third reading cal.212
• Apr 11, 2011: reported
• Mar 30, 2011: reported referred to ways and means
• Mar 15, 2011: reported referred to codes
• Mar 9, 2011: print number 5318a
• Mar 9, 2011: amend and recommit to environmental conservation
• Feb 15, 2011: referred to environmental conservation

A5318-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5318
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 15, 2011
 
 Introduced  by  M.  of  A.  SWEENEY, PEOPLES-STOKES, ZEBROWSKI, GUNTHER,
 TITONE, REILLY, SPANO, JACOBS, PAULIN -- Multi-Sponsored by --  M.  of
 A.  BRENNAN,  McENENY,  M. MILLER,  PHEFFER, ROBINSON -- read once and
 referred 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08389-02-1
 
       A. 5318                             2
 or additional sources of PUBLIC water supply [or for the utilization  of
 such supplies]; or
 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
 
       A. 5318                             3
 SECTION,  NOTHING  CONTAINED IN SUBDIVISION 1 OF THIS SECTION CONCERNING
 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
 
       A. 5318                             4
 15-1527  OF  THIS  TITLE;  (E)  EXISTING  WITHDRAWALS  FOR  AGRICULTURAL
 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
 
       A. 5318                             5
 CONNECTION WITH SUCH SYSTEM, WHICH PROVIDES PIPED POTABLE WATER  TO  THE
 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
 
       A. 5318                             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.
 
       A. 5318                             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.
 
       A. 5318                             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,
 
       A. 5318                             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
 
       A. 5318                            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.

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