Bill S6222-2013

Relates to water withdrawal reporting and FOIL protection

Relates to water withdrawal reporting and FOIL protection.

Details

Actions

  • Feb 4, 2014: ADVANCED TO THIRD READING
  • Feb 3, 2014: 2ND REPORT CAL.
  • Jan 28, 2014: 1ST REPORT CAL.75
  • Jan 8, 2014: REFERRED TO AGRICULTURE

Votes

VOTE: COMMITTEE VOTE: - Agriculture - Jan 28, 2014
Ayes (8): Ritchie, Gallivan, O'Mara, Ranzenhofer, Seward, Valesky, Young, Tkaczyk
Ayes W/R (2): Gipson, Montgomery
Nays (1): Serrano

Memo

BILL NUMBER:S6222

TITLE OF BILL: An act to amend the agriculture and markets law and the environmental conservation law, in relation to water withdrawal reporting and FOIL protection

PURPOSE:

To report on the number of annual registrations for agricultural water withdrawals exceeding an average of more than 100,000 gallons per day. This bill also protects certain information regarding the source and location of such water withdrawal from disclosure.

SUMMARY OF PROVISIONS:

Section 1 amends Section 151-h of the Agriculture and Markets Law to require that the report of the Department shall include the number of annual registrations for agricultural water withdrawals exceeding an average of more than 100,000 gallons per day in any consecutive 30 day period.

Section 2 amends Section 15-1504 of the Environmental Conservation Law to protect any information related to: a water source, the location of a water source, the capacity of a water source, and the place and source of a proposed or existing water withdrawal from disclosure under the Freedom of Information Law and from disclosure in any report to outside parties,

Section 3 provides that this act shall take effect immediately.

JUSTIFICATION:

Currently, reports published by the Department of Agriculture and Markets do not require the reporting of the number of annual registrations for agricultural water withdrawals that exceed an average of more than 100,000 gallons per day in any consecutive 30 day period. This bill will require the reporting of that number, thereby providing more transparency and information in the reports that are prepared by the Department.

Furthermore, this bill will protect any information related to: a water source, the location of a water source, the capacity of a water source, and the place and source of a proposed or existing water withdrawal from disclosure under the Freedom of Information Law and from disclosure in any report to outside parties, The disclosure of such specific information regarding a farm's water source greatly increases the risk that such information can be accessed by someone who would use it to harm or damage the farm. This would make it is much easier for someone, especially a terrorist, foreign or domestic, to contaminate a farm's water supply and cause immense damage to the farm and the goods they produce. A safe and reliable water source is essential to the operation of a farm. Therefore, such precautions are necessary to ensure a farm's water sources are protected from those who would seek to contaminate and destroy them.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6222 IN SENATE (PREFILED) January 8, 2014 ___________
Introduced by Sens. RITCHIE, GALLIVAN, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Agricul- ture AN ACT to amend the agriculture and markets law and the environmental conservation law, in relation to water withdrawal reporting and FOIL protection THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 151-h of the agriculture and markets law, as added by chapter 136 of the laws of 2000, is amended to read as follows: S 151-h. Report. The department, in conjunction with the state soil and water conservation committee, shall report annually to the governor, the legislature and participating agencies on the progress of the AEM program, including an assessment of program effectiveness in achieving state water quality objectives, public and private program partic- ipation, and such other information as the department and the committee deem appropriate. SUCH REPORT SHALL ALSO INCLUDE, AFTER CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE NUMBER OF ANNUAL REGISTRATIONS FOR AGRICULTURAL WATER WITHDRAWALS EXCEEDING AN AVERAGE OF MORE THAN ONE HUNDRED THOUSAND GALLONS PER DAY IN ANY CONSECUTIVE THIRTY DAY PERIOD AS PROVIDED FOR IN SECTION 15-1504 OF THE ENVIRONMENTAL CONSERVATION LAW. S 2. Section 15-1504 of the environmental conservation law is amended by adding a new subdivision 6 to read as follows: 6. DISCLOSURE. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY INFORMATION COLLECTED PURSUANT TO SUBPARAGRAPH (1) OF PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION OR SUBPARAGRAPH (1) OF PARAGRAPH A OF SUBDIVISION FOUR OF THIS SECTION SHALL NOT BE SUBJECT TO DISCLOSURE UNDER THE FREE- DOM OF INFORMATION LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. B. ANY REPORTS TO OUTSIDE PARTIES FOR RESEARCH OR OTHER PURPOSES SHALL BE REDACTED TO EXCLUDE ANY INFORMATION ABOUT: A WATER SOURCE, THE
LOCATION OF A WATER SOURCE, THE CAPACITY OF A WATER SOURCE, AND THE PLACE AND SOURCE OF A PROPOSED OR EXISTING WITHDRAWAL THAT IS GATHERED PURSUANT TO SUBPARAGRAPH (1) OF PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION OR SUBPARAGRAPH (1) OF PARAGRAPH A OF SUBDIVISION FOUR OF THIS SECTION. S 3. This act shall take effect immediately.

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