Relates to farm pond dams; defines farm pond dams as dams principally installed to enhance agricultural, environmental and conservation benefits on farms.
Ayes (36): Addabbo, Bonacic, Boyle, Breslin, DeFrancisco, Diaz, Farley, Felder, Flanagan, Gallivan, Golden, Griffo, Grisanti, Kennedy, Lanza, Larkin, Libous, Little, Marchione, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Robach, Sampson, Seward, Skelos, Tkaczyk, Valesky, Young, Zeldin
Nays (22): Avella, Ball, Carlucci, Dilan, Gianaris, Gipson, Hannon, Hoylman, Klein, Krueger, Latimer, LaValle, Marcellino, Martins, Perkins, Rivera, Sanders, Savino, Serrano, Squadron, Stavisky, Stewart-Cousins
Excused (3): Espaillat, Hassell-Thomps, Smith
TITLE OF BILL: An act to amend the agriculture and markets law and the environmental conservation law, in relation to farm pond dams
PURPOSE OF BILL: To amend the agriculture and markets law, the environmental conservation law to remove farm pond dams from required monitoring by the DEC and give the responsibility by the state soil and water conservation committee for development of guidelines and best management Practices for the classification, operation and maintenance of farm pond dams.
SUMMARY OF PROVISIONS: Section 1 amends Section 15 of the agriculture and markets law by adding a new subdivision 45 to add farm pond dams to the oversight of the state soil and water conservation committee.
Section 2 amends section 15-0107 of the environmental conservation law by adding a new subdivision 7 to define "farm pond dam."
Section 3 amends subdivision 3 of section 15-0503 of the environmental conservation law by adding a new paragraph d to exclude farm pond dams from DEC oversight.
Section 4 amends the section 15-0507 of the environmental conservation law by adding a new subdivision 7 stating that the provision of this section shall not apply to farm pond dams as defined in section 15-0107 of this article.
JUSTIFICATION: Ponds play an important role on many New York State farms. They provide a source of water for farm crop and livestock needs in times of drought, as well as provide many conservation benefits, such as ecosystem enhancement, to New York's environment. These ponds (and the dams that contain them) pose little risk to public safety. In the very rare circumstance where they would experience an issue, the small amount of water and remote location of the ponds would limit any damage. Rather than require DEC to monitor these low risk farm ponds, the NYS Soil & Water Conservation Committee, which continually works with farmers, is much better suited to efficiently help farmers maintain farm ponds.
LEGISLATIVE HISTORY: 2011,2012: S.791/A.5865 Passed Senate 2009,2010: S.2429-A/A.976-A Referred to Agriculture/Passed Assembly 2008: S.7564/A.10542 Passed Senate/Reported from Assembly Agriculture Committee.
BUDGET IMPLICATIONS: The bill shifts responsibility from one department to another. The net fiscal impact of the bill would be negligent.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2621 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________Introduced by Sens. YOUNG, GALLIVAN, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law and the environmental conservation law, in relation to farm pond dams THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 16 of the agriculture and markets law is amended by adding a new subdivision 45 to read as follows: 45. DEVELOP GUIDELINES AND BEST MANAGEMENT PRACTICES IN CONJUNCTION WITH THE STATE SOIL AND WATER CONSERVATION COMMITTEE FOR THE CLASSIFICA- TION, OPERATION AND MAINTENANCE OF FARM POND DAMS. S 2. Subdivision 7 of section 15-0107 of the environmental conserva- tion law is renumbered subdivision 8 and a new subdivision 7 is added to read as follows: 7. "FARM POND DAM" SHALL MEAN THOSE DAMS MEETING GUIDELINES ESTAB- LISHED BY THE DEPARTMENT OF AGRICULTURE AND MARKETS PURSUANT TO SECTION SIXTEEN OF THE AGRICULTURE AND MARKETS LAW AND INSTALLED TO PRINCIPALLY ENHANCE AGRICULTURAL, ENVIRONMENTAL AND CONSERVATION BENEFITS ON FARMS. S 3. Subdivision 3 of section 15-0503 of the environmental conserva- tion law, as amended by chapter 364 of the laws of 1999, is amended to read as follows: 3. The requirement of a permit pursuant to this section shall not apply to the following facilities: a. A dock, pier, wharf or other structure used solely as a landing place on water providing dockage for five or fewer boats and encompass- ing within its outer perimeter an area less than four thousand square feet; b. A mooring facility providing mooring for fewer than ten boats;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02665-01-3 S. 2621 2
c. Seasonal replacement or reinstallation of structures referenced and listed in paragraph b of subdivision 1 of this section installed prior to the effective date of this paragraph
[.]; D. FARM POND DAMS. S 4. Section 15-0507 of the environmental conservation law is amended by adding a new subdivision 7 to read as follows: 7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FARM POND DAMS. S 5. This act shall take effect immediately.