Relates to placing a moratorium on the renewal of permits to drill in the Lloyd Sands in Kings and Queens counties.
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to a moratorium on the renewal of permits to drill in the Lloyd Sands in Kings and Queens counties
To lift the moratorium to allow drilling into the Lloyd Sands to occur in Nassau and Suffolk counties.
SUMMARY OF PROVISIONS:
Section 1 of this bill amends Section 15-1528 of the Environmental Conservation Law. Subdivision 2 of section 15-1528 of the Environmental Conservation Law is amended to create paragraph (a) and a new paragraph (b) to provide a moratorium that will be established on the granting of renewal permits to drill public water supply, private water supply or industrial wells into the Lloyd Sands or to permit with-drawals of water from the Lloyd Sands or to permit the storage or pumping of water into the Lloyd Sands in Kings and Queens counties.
Subdivisions 3 and 4 of Section 15-1528 of the Environmental Conservation Law is amended to add the language "on the granting of....new permits for Nassau and Suffolk counties" to reflect the moratorium lifted on granting new permits for Nassau and Suffolk counties, and to provide that the commissioner may grant exemptions for Nassau and Suffolk counties in relation to the moratorium if there is a finding of just cause and extreme hardship.
Section 2 of this bill provides that this act shall take effect immediately.
Currently the law does not provide for the moratorium to be lifted for Nassau and Suffolk counties.
The Lloyd Sands Aquifer is one of the most important and pristine bodies of water in New York State. It is critical that this natural resource be protected for future generations. However, we must balance that with the needs of the people of Nassau and Suffolk counties for clean water. The lifting of the moratorium on granting permits specifically for Nassau and Suffolk counties for drilling into the Lloyd Sands Aquifer will achieve this end and help to provide more clean water for these two counties in need.
None to the state.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4087 2015-2016 Regular Sessions IN SENATE February 26, 2015 ___________Introduced by Sen. VENDITTO -- 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 a moratorium on the renewal of permits to drill in the Lloyd Sands in Kings and Queens counties THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 15-1528 of the environmental conservation law, as added by chapter 773 of the laws of 1986, subdivisions 2 and 4 as amended by chapter 567 of the laws of 2008, is amended to read as follows: S 15-1528. Moratorium on the drilling of
[new]CERTAIN wells in the Lloyd Sands. 1. The department is directed to identify those areas of Long Island within the counties of Kings, Queens, Nassau and Suffolk which, for the purposes of this section, shall be considered coastal communities. 2. (A) A moratorium shall be established on the granting of new permits to drill public water supply, private water supply or industrial wells into the Lloyd Sands or to permit new withdrawals of water from the Lloyd Sands or to permit the storage or pumping of water into the Lloyd Sands. Such moratorium shall apply to all areas that are not coastal communities, provided however that such moratorium shall apply to all areas including coastal communities for the storage or pumping of water into the Lloyd Sands. The waters of the Lloyd Sands shall be reserved for the use of coastal communities during the moratorium, however, nothing required herein shall affect the permits of wells pres- ently screened in the Lloyd Sands and withdrawing water therefrom. (B) A MORATORIUM SHALL BE ESTABLISHED ON THE GRANTING OF RENEWAL PERMITS TO DRILL PUBLIC WATER SUPPLY, PRIVATE WATER SUPPLY OR INDUSTRIAL WELLS INTO THE LLOYD SANDS OR TO PERMIT WITHDRAWALS OF WATER FROM THE LLOYD SANDS OR TO PERMIT THE STORAGE OR PUMPING OF WATER INTO THE LLOYDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07919-01-5 S. 4087 2
SANDS IN THE COUNTIES OF KINGS AND QUEENS. SUCH MORATORIUM SHALL APPLY TO ALL AREAS THAT ARE NOT COASTAL COMMUNITIES, PROVIDED HOWEVER THAT SUCH MORATORIUM SHALL APPLY TO ALL AREAS INCLUDING COASTAL COMMUNITIES FOR THE STORAGE OR PUMPING OF WATER INTO THE LLOYD SANDS. 3. The moratorium shall be lifted ON THE GRANTING OF NEW PERMITS FOR NASSAU AND SUFFOLK COUNTIES upon a directive from the commissioner. The directive shall be based upon his OR HER finding that sufficient research has been conducted so as to provide a sound working knowledge of the details, dynamics, water volume, and levels of safe withdrawal appropriate to maintain a safe quantity of Lloyd Sands water. Further, the commissioner must find that a workable program is in place that can properly administer a well permit program for the Lloyd Sands water. Such program shall take into account both the localized and regional aspects and implications of Lloyd Sands water withdrawals, with special attention given to the prevention of water contamination and salt water intrusion. The program must ensure that a safe level of withdrawal from the Lloyd Sands is not exceeded. 4. The commissioner may grant exemptions FOR NASSAU AND SUFFOLK COUN- TIES to the moratorium upon a finding of just cause and extreme hard- ship. Such exemptions shall not apply to the storage or pumping of water into the Lloyd Sands. An adjudicatory hearing shall be held and findings presented to the commissioner prior to the granting of an exemption. S 2. This act shall take effect immediately.