NY State Senate Bill 2015-S4087

Senate Bill S4087

2015-2016 Legislative Session

Relates to placing a moratorium on the renewal of permits to drill in the Lloyd Sands in Kings and Queens counties

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to environmental conservation
Feb 26, 2015	referred to environmental conservation

co-Sponsors

2015-S4087 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §15-1528, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4011
2019-2020: S1682

2015-S4087 (ACTIVE) - Summary

Relates to placing a moratorium on the renewal of permits to drill in the Lloyd Sands in Kings and Queens counties.

2015-S4087 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4087

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

PURPOSE:

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  Conserva-
tion  Law  is  amended  to  add  the language "on the granting of....new

permits for Nassau and Suffolk counties" to reflect the moratorium lift-
ed 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 imme-
diately.

EXISTING LAW:

Currently the law does not provide for the moratorium to be  lifted  for
Nassau and Suffolk counties.

JUSTIFICATION:

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.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4087 (ACTIVE) - Bill Text download pdf

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

                                  4087

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            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  LLOYD

 EXPLANATION--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.

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Senate Bill S4087

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Sponsored By

Michael Venditto