S2621-2013 Actions

• Apr 29, 2013: ADVANCED TO THIRD READING
• Apr 24, 2013: 2ND REPORT CAL.
• Apr 23, 2013: 1ST REPORT CAL.404
• Jan 23, 2013: REFERRED TO AGRICULTURE

S2621-2013 Meetings

S2621-2013 Calendars

S2621-2013 Votes

S2621-2013 Memo

BILL NUMBER:S2621

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.

S2621-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2621
 2013-2014 Regular Sessions
 I N  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.

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