S T A T E   O F   N E W   Y O R K
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                                  5828

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 20, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  reviewing the west of Hudson River New York city drinking water supply
  system program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The environmental conservation law is amended by  adding  a
new section 15-0809 to read as follows:
S 15-0809. STUDIES AND RECOMMENDATIONS TO ALLEVIATE THE THREAT OF FLOOD-
             ING IN CERTAIN AREAS.
  1.  THE COMMISSIONER AND THE COMMISSIONER OF THE NEW YORK CITY DEPART-
MENT OF ENVIRONMENTAL PROTECTION, IN CONSULTATION WITH WATER  MANAGEMENT
EXPERTS  FROM FEDERAL AGENCIES, INCLUDING BUT NOT LIMITED TO, THE UNITED
STATES ARMY CORPS OF ENGINEERS, THE UNITED STATES GEOLOGICAL SURVEY  AND
THE  UNITED  STATES  DEPARTMENT  OF INTERIOR BUREAU OF LAND RECLAMATION,
SHALL REVIEW THE WEST OF HUDSON  RIVER  NEW  YORK  CITY  DRINKING  WATER
SUPPLY  SYSTEM  PROGRAM  AND  MAKE RECOMMENDATIONS AS TO STRATEGIES THAT
COULD POTENTIALLY ALLEVIATE THE THREAT OF FLOODING TO FLOOD PLAIN  RESI-
DENTS  WHILE  AT THE SAME TIME CONTINUING TO SATISFY THE REQUIREMENTS OF
THE U.S. SUPREME COURT DECREE IN NEW JERSEY V. NEW YORK,  347  U.S.  995
(1954) AND ENSURING AN ADEQUATE SUPPLY OF HIGH QUALITY DRINKING WATER TO
THE  MUNICIPALITIES  WHO  RELY ON SUCH SYSTEM.  SUCH RECOMMENDATIONS MAY
INCLUDE EXTENSION AND/OR EXPANSION OF RAIN-BASED  AND  SNOW  PACK  SPILL
CONTROL  PROGRAMS AS WELL AS FUTURE FLOOD PLAIN ZONING OR LAND USE LIMI-
TATIONS.  FURTHER, THE COMMISSIONER AND THE COMMISSIONER OF THE NEW YORK
CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE ULSTER  COUNTY  SOIL
AND  WATER CONSERVATION DISTRICT, IN CONSULTATION WITH THE UNITED STATES
ARMY CORPS OF ENGINEERS, SHALL  CONDUCT  A  HYDROLOGICAL  STUDY  OF  THE
ESOPUS  CREEK  TO  IDENTIFY AREAS AT CHRONIC RISK OF FLOODING AS WELL AS
MEASURES THAT COULD POTENTIALLY REDUCE FLOOD DAMAGE TO FLOOD PLAIN RESI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02006-01-1
              

S. 5828                             2

DENTS AND FORM THE BASIS OF BETTER FLOOD  MANAGEMENT  ALONG  SUCH  CREEK
WHILE  AT  THE SAME TIME CONTINUING TO ENSURE AN ADEQUATE SUPPLY OF HIGH
QUALITY DRINKING WATER TO THE MUNICIPALITIES WHO RELY ON SUCH SYSTEM.
  2. THE COMMISSIONER SHALL REPORT TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON SUCH FINDINGS AND
RECOMMENDATIONS NOT  LATER  THAN  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
TWELVE.
  S 2. This act shall take effect immediately.