NY State Senate Bill 2013-S7804

Senate Bill S7804

2013-2014 Legislative Session

Establishes the Long Island water quality control act and the Long Island commission on aquifer protection

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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
Jun 10, 2014	referred to environmental conservation

2013-S7804 (ACTIVE) - Details

See Assembly Version of this Bill:: A9788
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 15 Title 35 §§15-3501 - 15-3521, amd §§15-1103, 15-1105, 15-1504, 15-1527 & 15-2907, En Con L

2013-S7804 (ACTIVE) - Summary

Establishes the Long Island water quality control act and the Long Island commission on aquifer protection.

2013-S7804 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7804

TITLE OF BILL:  An act to establish the "Long Island water quality
control act"; and to amend the environmental conservation law, in
relation to the Long Island commission on aquifer protection

THE PURPOSE OF THIS BILL:  To improve water quality on Long Island.

SUMMARY OF PROVISIONS: This bill would:

* Require the Department of Environmental Conservation (DEC) to
promulgate rules and regulations establishing both narrative and
numeric water quality criteria for Long Island's ground and surface
waters on a watershed basis to protect and restore the physical,
biological and chemical integrity of Long island's waters;

* Require new construction and substantial re-construction to have
denitrification systems;

* Require denitrification systems (from a list of approved systems
developed by Nassau and Suffolk counties in consultation with the DEC)
to be in used in priority areas identified by the counties effective
January 1, 2017,

* Prohibit, effective January 1, 2017, repairs to cesspools, other
than minor repairs. Instead, systems would be required to comply with

current sanitary code unless the county DOH determines that the
current code cannot be met and the alternative system design would
still be protective of human health;

* Require DEC and the Department of Agriculture and Markets (DAM) to
prepare guidance documents for farmers for nutrient reduction
recommended fertilizer and pesticide application rates;

* Require DEC to prepare a pesticide evaluation report containing
information regarding the extent of pesticide-related contamination,
an action plan to prioritize the evaluation of registered pesticides
and make specific recommendations to prevent and/or remediate future
pesticide contamination;

* Require DEC to hold at least two public hearings on the report and
plan with a public comment period of not less than sixty days;

* Require DEC to give priority to funding hazardous waste and
industrial waste collection days when determining environmental
benefit projects in Nassau and Suffolk County for violations of SPDES,
wetlands and pesticide statutes;

* Require DEC to appoint a regional planning board and complete a Long
Island water resources management strategy and study of water
resources by January 1, 2017;

* Clarify that nothing in the Environmental Facilities Corporation
(EPC) statutory authority for the revolving loan funds should be
interpreted to limit decentralized or community wastewater systems;


* Expand water withdrawal reporting, requirements to include large
agricultural withdrawals from non-municipal sources;

* Require the Long Island Commission on Aquifer Protection to prepare
a State of the Aquifer report within one year and update such report
annually;

* Require all well permits to include a 90 day DEC notice provision
prior to sealing such wells in order to allow for their use as
sentinel monitoring wells;

* Require automatic sprinkler systems installed on or after January 1,
2016 to be equipped with rain sensor devices;

* Require EFC, no later than two years after the effective date, to
conduct a pilot program to finance small scale community wastewater
systems in areas identified as priority sewering areas by DEC; and,

* Authorize DEC to enter into agreements with the counties to perform
tasks

JUSTIFICATION:  Long Island's water resources are unique in the
region, unusual in the nation and of exceptional importance to the
State of New York because of the economic, environmental and public
health values that Long Island's water resources provide to the
millions of people who live and recreate on Long Island. Long Island's
water resources have continued to be impacted by increasing quantities
of nutrients, pathogens, pesticides, volatile organic contaminants and
saltwater intrusion, as well as a number of merging threats such as
prescription drugs and sea level rise.

In response to these environmental impacts, the region has already
experienced an increasing number of harmful algal blooms and other
documented declines in key biological indicators which demonstrate
continued and increasing stress on the region's groundwater resources
and coastal ecosystems. Continued water quality and coastal habitat
decline will result in more harmful algal blooms, shell fishing
closures, beach closures and fishing restrictions, along with the
further contamination of private and public wells These impacts will
inevitably have significant negative effects on the entire economy of
Long Island and on the quality of life and public health for the
millions of residents of the region This legislation would implement
control measures and planning provisions to stem the tide of Long
island's declining water quality.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect on the ninetieth day after
enactment.

2013-S7804 (ACTIVE) - Bill Text download pdf

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

                                  7804

                            I N  S E N A T E

                              June 10, 2014
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to establish the "Long Island water quality control act"; and  to
  amend  the  environmental  conservation  law,  in relation to the Long
  Island commission on aquifer protection

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

  Section  1.  This  act  shall  be  known and may be cited as the "Long
Island water quality control act".
  S 2. Legislative intent. Long Island's water resources are  unique  in
the  region, unusual in the nation, and of exceptional importance to the
state of New York because of  the  economic,  environmental  and  public
health values that Long Island's water resources provide to the millions
of people who live and recreate on Long Island.
  Long Island has been designated as a federal sole source aquifer; nine
special  groundwater  protection  areas have been established across the
region; and three estuary based watershed  planning  efforts  have  been
created  -  in the Peconic Bay, the Long Island Sound, and the state-de-
signated South Shore Estuary Reserve.
  In spite of  these  designations  and  other  planning  efforts,  Long
Island's  water  resources  have  continued to be impacted by increasing
quantities of nutrients, pathogens, pesticides, volatile organic contam-
inants and saltwater intrusion, as well as a number of emerging  threats
such as prescription drugs and sea level rise.
  In  response  to  these  environmental impacts, the region has already
experienced an increasing number of harmful algal blooms and other docu-
mented declines in key biological indicators which demonstrate continued
and increasing stress on the region's groundwater resources and  coastal
ecosystems.
  Continued  water  quality  and coastal habitat decline, will result in
more harmful algal blooms, shellfishing closures,  beach  closures,  and
fishing  restrictions,  along  with the further contamination of private
and public wells. These impacts will inevitably have  significant  nega-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15313-03-4

S. 7804                             2

tive  effects  on the tourism economy of Long Island--and on the quality
of life and public health for the millions of residents of the region.
  S  3.  Article  15 of the environmental conservation law is amended by
adding a new title 35 to read as follows:
                                 TITLE 35
                  LONG ISLAND WATER QUALITY CONTROL ACT
SECTION 15-3501. DECENTRALIZED WASTEWATER MANAGEMENT AUTHORIZATION.
        15-3503. LONG ISLAND GROUNDWATER MANAGEMENT GOAL.
        15-3505. DENITRIFICATION SYSTEM REQUIREMENTS.
        15-3507. INCREASED HAZARDOUS  AND  INDUSTRIAL  WASTE  COLLECTION
                   DAYS.
        15-3509. STATE OF THE AQUIFER REPORT.
        15-3511. AUTOMATIC SPRINKLER REQUIREMENTS.
        15-3513. LONG ISLAND PESTICIDE EVALUATION REPORT.
        15-3515. LONG ISLAND WATER QUALITY CRITERIA.
        15-3517. MANAGEMENT  OF FERTILIZER AND PESTICIDES TO ENSURE LONG
                   ISLAND WATER QUALITY.
        15-3519. DECENTRALIZED WASTEWATER SYSTEM PILOT PROGRAM.
        15-3521. RESTRICTIONS ON CESSPOOL REPAIRS.
S 15-3501. DECENTRALIZED WASTEWATER MANAGEMENT AUTHORIZATION.
  NOTHING CONTAINED IN TITLE  TWELVE  OF  ARTICLE  FIVE  OF  THE  PUBLIC
AUTHORITIES  LAW  SHALL  BE  CONSTRUED  TO  PROHIBIT THE CONSTRUCTION OF
DECENTRALIZED WASTEWATER MANAGEMENT SYSTEMS ON LONG ISLAND. THE ENVIRON-
MENTAL FACILITIES CORPORATION SHALL FACILITATE THE DEVELOPMENT OF DECEN-
TRALIZED WASTEWATER MANAGEMENT SYSTEMS INCLUDING, BUT  NOT  LIMITED  TO,
THE  PREPARATION  OF  PLANNING  GUIDANCE  FOR  DECENTRALIZED  WASTEWATER
MANAGEMENT SYSTEMS.
S 15-3503. LONG ISLAND GROUNDWATER MANAGEMENT GOAL.
  THE DEPARTMENT SHALL REGULATE ALL GROUNDWATER  AND  SURFACE  WATER  IN
NASSAU  AND  SUFFOLK COUNTIES FOR LONG-TERM SUSTAINABILITY TO ENSURE ITS
BEST USAGE AS DRINKING WATER SUPPLY  AND  TO  PROTECT  AND  RESTORE  THE
ECOLOGICAL INTEGRITY OF LONG ISLAND'S SURFACE WATERS.
S 15-3505. DENITRIFICATION SYSTEM REQUIREMENTS.
  ON   AND   AFTER  JANUARY  FIRST,  TWO  THOUSAND  SEVENTEEN,  ALL  NEW
CONSTRUCTION AND SUBSTANTIAL RECONSTRUCTION IN ANY PRIORITY NITROGEN-RE-
DUCTION AREAS DESIGNATED BY THE COUNTY,  SHALL  UTILIZE  DENITRIFICATION
SYSTEMS, FROM A LIST OF APPROVED SYSTEMS DEVELOPED BY SUFFOLK AND NASSAU
COUNTIES, IN CONSULTATION WITH THE DEPARTMENT.
S 15-3507. INCREASED HAZARDOUS AND INDUSTRIAL WASTE COLLECTION DAYS.
  IN  ASSESSING ANY ENVIRONMENTAL BENEFIT PROJECTS IN NASSAU AND SUFFOLK
COUNTIES RESULTING FROM VIOLATIONS OF THIS ARTICLE AND  ARTICLES  SEVEN-
TEEN,  TWENTY-THREE,  TWENTY-FOUR, AND THIRTY-THREE OF THIS CHAPTER, THE
DEPARTMENT SHALL GIVE PRIORITY TO THE FUNDING  OF  HAZARDOUS  WASTE  AND
INDUSTRY  COLLECTION  DAYS.  ANY  SUCH  PROJECTS  SHALL ENHANCE, AND NOT
DIMINISH, EXISTING COLLECTION EVENTS.
S 15-3509. STATE OF THE AQUIFER REPORT.
  THE "LONG ISLAND COMMISSION ON  AQUIFER  PROTECTION"  SHALL  MEAN  THE
ENTITY  JOINTLY  CREATED  BY  NASSAU  AND  SUFFOLK COUNTIES, PURSUANT TO
NASSAU COUNTY RESOLUTION NUMBER 107-2013 AND SUFFOLK  COUNTY  RESOLUTION
NUMBER  85-2013,  TO ADDRESS WATER QUALITY ISSUES, INCLUDING GROUNDWATER
QUALITY, ON A BROAD GEOGRAPHIC SCALE.
  THE LONG ISLAND COMMISSION  ON  AQUIFER  PROTECTION  SHALL  PREPARE  A
"STATE  OF  THE  AQUIFER"  REPORT WITHIN ONE YEAR AND UPDATE SUCH REPORT
ANNUALLY; PROVIDED, HOWEVER, THAT SHOULD SUCH COMMISSION CEASE TO EXIST,
THE DEPARTMENT SHALL PERFORM SUCH FUNCTION.
S 15-3511. AUTOMATIC SPRINKLER REQUIREMENTS.

S. 7804                             3

  ANY AUTOMATIC SPRINKLER SYSTEM INSTALLED IN NASSAU AND SUFFOLK  COUNTY
ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN SHALL BE EQUIPPED WITH A
RAIN  SENSOR DEVICE OR SWITCH THAT WILL AUTOMATICALLY OVERRIDE THE IRRI-
GATION CYCLE OF SUCH SPRINKLER WHEN ADEQUATE RAINFALL HAS OCCURRED.
S 15-3513. LONG ISLAND PESTICIDE EVALUATION REPORT.
  IN ADDITION TO THE DEVELOPMENT OF THE WATER RESOURCES MANAGEMENT STRA-
TEGY  REQUIRED  PURSUANT TO SECTION 15-2907 OF THIS ARTICLE, THE DEPART-
MENT, IN CONSULTATION  WITH  THE  REGIONAL  PLANNING  BOARD  ESTABLISHED
PURSUANT  TO  SECTION 15-1105 OF THIS ARTICLE, NASSAU AND SUFFOLK COUNTY
DEPARTMENTS OF HEALTH, THE LONG ISLAND COMMISSION ON AQUIFER  PROTECTION
AND  INTERESTED  STAKEHOLDERS  (INCLUDING  BUT  NOT LIMITED TO PLANNING,
ENVIRONMENTAL, CIVIC, AGRICULTURE OR INDUSTRY GROUPS) SHALL,  NOT  LATER
THAN  DECEMBER  THIRTY-FIRST,  TWO THOUSAND FIFTEEN, AND EVERY TWO YEARS
THEREAFTER, PREPARE A COMPREHENSIVE  LONG  ISLAND  PESTICIDE  EVALUATION
REPORT.  SUCH REPORT SHALL INCLUDE AN EVALUATION OF THE EXTENT OF PESTI-
CIDE-RELATED CONTAMINATION,  WITH  AN  ACTION  PLAN  AND  EXPECTED  PLAN
ADOPTION  DATE,  WHICH  SHALL NOT BE LATER THAN TWENTY-FOUR MONTHS AFTER
THE PUBLICATION OF THE REPORT.   THE ACTION PLAN  SHALL  PRIORITIZE  THE
EVALUATION  OF  THOSE  REGISTERED  PESTICIDES  THAT  APPEAR IN CLUSTERED
DETECTIONS IN LONG ISLAND GROUNDWATER AS RECOGNIZED IN THE SUFFOLK COUN-
TY DEPARTMENT OF HEALTH WATER QUALITY MONITORING CONDUCTED  BETWEEN  TWO
THOUSAND  ONE AND TWO THOUSAND TEN, AND MAKE SPECIFIC RECOMMENDATIONS TO
PREVENT AND/OR REMEDIATE FUTURE PESTICIDE CONTAMINATION. PRIOR TO FINAL-
IZING SUCH REPORT, AND FOLLOWING ADEQUATE PUBLIC NOTICE, THE  DEPARTMENT
SHALL  HOLD  NOT LESS THAN TWO HEARINGS ON LONG ISLAND AND SHALL ADOPT A
PUBLIC COMMENT PERIOD OF NO LESS THAN SIXTY DAYS.
S 15-3515. LONG ISLAND WATER QUALITY CRITERIA.
  AS PROMPTLY AS POSSIBLE, BUT NO LATER THAN  TWENTY-FOUR  MONTHS  AFTER
THE  EFFECTIVE  DATE  OF  THIS  SECTION, AND FOLLOWING NOT LESS THAN TWO
PUBLIC HEARINGS, THE DEPARTMENT,  IN  CONSULTATION  WITH  COUNTY  HEALTH
DEPARTMENTS  AND THE LONG ISLAND COMMISSION ON AQUIFER PROTECTION, SHALL
PROMULGATE RULES AND REGULATIONS ESTABLISHING BOTH NARRATIVE AND NUMERIC
WATER QUALITY CRITERIA FOR LONG ISLAND'S GROUND AND SURFACE WATERS ON  A
WATERSHED  BASIS,  TO  PROTECT  AND RESTORE THE PHYSICAL, BIOLOGICAL AND
CHEMICAL INTEGRITY OF LONG ISLAND'S WATERS.  SUCH  CRITERIA  SHALL  GIVE
PRIORITY  TO  LIMITING NUTRIENTS, PARTICULARLY NITROGEN. IN ESTABLISHING
SUCH CRITERIA, CONSIDERATION SHALL BE GIVEN TO  NUTRIENT  LOADING,  FATE
AND  EFFECT ASSESSMENTS FOR LIMITING NUTRIENTS, BIOLOGICAL PRODUCTIVITY,
BIOLOGICAL INDICATORS INCLUDING THE PRESENCE OF  HARMFUL  ALGAL  BLOOMS,
AND  TOTAL  WATERSHED LOADING. THE RESULTING CRITERIA SHOULD BE A FACTOR
IN DETERMINING WHAT WATER BODIES ARE LISTED ON THE IMPAIRED WATER BODIES
LIST PURSUANT TO SECTION 303(D) OF THE FEDERAL CLEAN WATER ACT.
S 15-3517. MANAGEMENT OF FERTILIZER AND PESTICIDES TO ENSURE LONG ISLAND
             WATER QUALITY.
  THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE AND
MARKETS, THE NASSAU AND SUFFOLK COUNTIES SOIL AND  WATER  DISTRICTS  AND
CORNELL COLLEGE OF AGRICULTURE AND LIFE SCIENCES, SHALL PREPARE GUIDANCE
DOCUMENTS  FOR  FARMERS  IN  NASSAU  AND  SUFFOLK  COUNTIES FOR NUTRIENT
REDUCTION AND OUTLINING RECOMMENDED FERTILIZER AND  PESTICIDES  APPLICA-
TION  RATES  FOR CROPS TO ENSURE CONSIDERATION OF GROUNDWATER MANAGEMENT
PRINCIPLES INCLUDING RECOMMENDATIONS ON THE TIMING AND MANNER OF  APPLI-
CATION.    IN  ADDITION, THE DEPARTMENT OF AGRICULTURE AND MARKETS SHALL
INCLUDE CONSIDERATION OF LONG ISLAND GROUNDWATER MANAGEMENT IN ITS EXER-
CISE OF AUTHORITY PURSUANT TO ARTICLE TEN OF THE AGRICULTURE AND MARKETS
LAW AND THE  DEPARTMENT  SHALL  INCLUDE  CONSIDERATION  OF  LONG  ISLAND

S. 7804                             4

GROUNDWATER  MANAGEMENT IN ITS EXERCISE OF AUTHORITY PURSUANT TO ARTICLE
THIRTY-THREE OF THIS CHAPTER.
S 15-3519. DECENTRALIZED WASTEWATER SYSTEM PILOT PROGRAM.
  AS  PROMPTLY  AS  POSSIBLE, BUT NO LATER THAN TWENTY-FOUR MONTHS AFTER
THE EFFECTIVE DATE OF THIS SECTION, THE ENVIRONMENTAL FACILITIES  CORPO-
RATION  SHALL  CONDUCT  A PILOT PROGRAM TO FINANCE SMALL SCALE COMMUNITY
WASTEWATER SYSTEMS, IN AREAS IDENTIFIED AS PRIORITY  SEWERING  AREAS  BY
THE  DEPARTMENT,  BASED UPON RECOMMENDATIONS FROM THE NASSAU AND SUFFOLK
COUNTIES HEALTH DEPARTMENTS AND THE LONG ISLAND  COMMISSION  ON  AQUIFER
PROTECTION.
S 15-3521. RESTRICTIONS ON CESSPOOL REPAIRS.
  AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, CESSPOOLS IN AREAS DESIG-
NATED  AS  A  PRIORITY  SEWERING  AREA  SHALL NOT BE REPAIRED UNLESS THE
REPAIR IS MINOR IN NATURE. IN LIEU OF REPAIRS, A  SYSTEM  THAT  COMPLIES
WITH  CURRENT  SANITARY  CODE  MUST BE INSTALLED. IF A CONFORMING SYSTEM
CANNOT BE INSTALLED ON THE PROPERTY, THE COUNTY  HEALTH  DEPARTMENT  HAS
DISCRETION TO APPROVE A NONCONFORMING SYSTEM, PROVIDED THE SYSTEM DESIGN
IS PROTECTIVE OF HUMAN HEALTH AND THE ENVIRONMENT.
  S 4. The department of environmental conservation shall have authority
to enter into agreements to delegate authority provided pursuant to this
act  to county departments of health provided that such delegation shall
not in anyway obviate any of the department's responsibilities  pursuant
to this act.
  S  5.  The section heading and subdivisions 1 and 8 of section 15-1103
of the environmental conservation law are amended to read as follows:
  Petition; proceedings[; exclusion of certain counties].
  1. Any county, city, town or village, when duly authorized to  do  so,
or  any  combination thereof, [except as provided in subdivision 7 here-
of,] may submit to the department a  verified  petition  requesting  the
department  to  consider  a proposal for a survey and study of the water
resources of a specified region of which the petitioning municipality is
a part, for the purpose of preparing and providing a comprehensive  plan
or  plans  for  the protection, conservation, development and beneficial
use of such resources. Any such petition, prior to its submission to the
department, must be approved by the  county  legislative  body  of  each
county  wholly or partly within the specified region. The petition shall
set forth the facts upon which the petitioner  or  petitioners  rely  to
show  that it is necessary and would be in the public interest and bene-
fit to undertake such survey,  study  and  comprehensive  planning.  The
petition  shall list the persons, public corporations and state agencies
engaged in receiving, collecting, storing,  transmitting,  distributing,
processing  or otherwise dealing with water for a public purpose, within
the region set forth in the petition, and the names and addresses of the
clerks or other executive officers thereof. There shall be  attached  to
the  petition  a  certified  copy  of the resolution, ordinance or other
evidence of authority authorizing the execution of the petition. IN  THE
CASE  OF  NASSAU AND SUFFOLK COUNTIES, THE DEPARTMENT IS HEREBY DIRECTED
TO PERFORM SUCH STUDY.
  8. The area of the state within the corporate limits of  the  city  of
New  York  shall  not  be  included,  in whole or in part, in any region
proposed by a petition[, or as enlarged or as determined by the  depart-
ment  under  this section, which region includes in whole or in part the
counties of Nassau or Suffolk, or either of them].
  S 6. Subdivisions 1, 2, 9 and 10 of section 15-1105  of  the  environ-
mental conservation law are amended to read as follows:

S. 7804                             5

  1.  If  the  department  shall  determine  that the proposal should be
undertaken, the department, after the expiration of the time in which  a
review  of  its  decision  may be had or, in the event such a review has
been instituted, after a final judgment or order affirming  the  depart-
ment's decision has been entered therein, shall appoint a regional plan-
ning  board,  hereinafter  referred  to  as  "the board." IN THE CASE OF
NASSAU AND SUFFOLK COUNTIES, THE DEPARTMENT  SHALL  APPOINT  A  REGIONAL
PLANNING  BOARD  WITHIN SIX MONTHS OF ITS COMPLETION OF THE REQUIREMENTS
OF SECTION 15-3515 OF THIS ARTICLE.
  2. The board shall consist of [seven] NINE  members  residing  in  the
region of the proposal and of whom:
  a.  At  least  [one member] TWO MEMBERS shall be representative of the
municipal corporations within the region of the proposal; and service as
a member of the board shall not be deemed as  service  rendered  to  any
municipal corporation;
  b. At least one member shall be representative of the agricultural and
farming interests within the region of the proposal and shall be active-
ly  interested  in  the  improvement and development of agricultural and
farming process and techniques;
  c. At least one member shall be representative of industry within  the
region of the proposal and actively engaged or employed in an industrial
or commercial pursuit INCLUDING AN INDUSTRY TRADE GROUP OR ASSOCIATION;
  d.  At  least  one member shall be representative of groups within the
region of the proposal interested in the needs of fisheries  and  water-
fowl  and  in  forms  of outdoor recreation made possible by the state's
waters; [and]
  e. At least one member shall be actively engaged in or connected  with
the acquisition, operation or management of public water supplies within
the  region; and service as a member of the board shall not be deemed as
service rendered to any municipal corporation[.]; AND
  F. AT LEAST ONE MEMBER SHALL BE REPRESENTATIVE OF A  NON-PROFIT  ENVI-
RONMENTAL ORGANIZATION.
  9.  Special meetings may be called by the chairman upon his OR HER own
initiative and must be called [by him] upon receipt of a written request
therefor signed by at least two members of the board. Written notice  of
the  time and place of such special meeting shall be given by the secre-
tary to each member at least four days before  the  date  fixed  by  the
notice for such special meeting.
  10.  [Four]  FIVE  members  of  the board shall constitute a quorum to
transact the business of the board at both regular and special meetings,
EXCEPT THAT PLANS APPROVED  PURSUANT  TO  SUBDIVISION  SIXTEEN  OF  THIS
SECTION SHALL REQUIRE A MAJORITY VOTE OF THE BOARD.
  S  7.  Paragraph b of subdivision 1 of section 15-1504 of the environ-
mental conservation law, as added by chapter 401 of the laws of 2011, is
amended to read as follows:
  b. [All] NOTWITHSTANDING SUBPARAGRAPH TWO OF PARAGRAPH B  OF  SUBDIVI-
SION  FOUR OF THIS SECTION, ALL persons making a withdrawal of water for
agricultural purposes shall annually register or report  the  withdrawal
to  the department under the provisions of this section by March thirty-
first of each year.
  S 8. Section 15-1527 of the environmental conservation law is  amended
by adding a new subdivision 8 to read as follows:
  8.  THE  DEPARTMENT  SHALL  REQUIRE ALL PERMITS TO INCLUDE NINETY DAYS
PRIOR NOTICE TO THE DEPARTMENT PRIOR TO  THE  SEALING  OF  ANY  WELL  OR
EXTRACTION  OF  ANY WELL CASING. UPON RECEIPT OF SUCH NOTICE THE DEPART-
MENT SHALL NOTIFY THE UNITED STATES GEOLOGICAL  SURVEY  WATER  PURVEYORS

S. 7804                             6

AND  THE  APPROPRIATE  COUNTY  HEALTH  DEPARTMENT IN THE EVENT THAT SUCH
ENTITIES MAY BE INTERESTED IN ACQUIRING SUCH WELL FOR TESTING PURPOSES.
  S 9. Section 15-2907 of the environmental conservation law, as amended
by chapter 214 of the laws of 1991, is amended to read as follows:
S 15-2907. Water resources management strategy; development purpose.
  1.  Not  later  than January first, nineteen hundred eighty-seven, the
department [of environmental conservation], with  the  participation  of
the  department  of  health and whenever possible, regional planning and
development boards, shall develop and submit a complete statewide  water
resources  management  strategy  to the water resources planning council
for its review and adoption. This strategy shall be composed of substate
water resources management strategies which recognize the natural bound-
aries of the water resource basins, watersheds, and aquifers and  exist-
ing  significant  deficiencies of water supply, and which organize these
in the most practical and manageable manner.  Each  substate  management
strategy  shall  analyze  the  present  and  future demographic, natural
resource, economic development, water quality, and conservation require-
ments of public and private water systems and develop  regional  manage-
ment strategies to meet the water resources requirements of residential,
agricultural,  industrial  and  commercial  users  as well as assure the
highest possible quality and quantity of these resources.
  Strategies shall analyze the efficiency and capacity of existing water
supply sources and facilities  and  shall  contain  recommendations  for
appropriate  modifications, restoration, and expansion or development of
new sources or facilities. Such strategies  shall  also  include  evalu-
ations and recommendations as to the feasibility of including hydroelec-
tric energy generation facilities as part of the modifications, restora-
tion,  and  expansion  or  development  of  new or existing resources or
facilities. The strategy shall also  contain  recommendations  regarding
implementation  of  these  strategies  by  the department of health, the
department [of  environmental  conservation],  other  appropriate  state
agencies,  local  governments  and  special  districts. In addition, the
departments shall submit to the council substate water resources manage-
ment strategies as soon as such strategies are  developed.  The  depart-
ments  shall  also report regularly to the council on the development of
the strategies and receive the council's recommendations and directions.
Such substate strategies shall also be available for  public  inspection
as soon as such strategies are developed.
  2.  NOT  LATER THAN JANUARY FIRST, TWO THOUSAND SEVENTEEN, THE DEPART-
MENT, WITH THE PARTICIPATION OF THE DEPARTMENT OF  HEALTH  AND  WHENEVER
POSSIBLE,  REGIONAL  PLANNING  AND DEVELOPMENT BOARDS, SHALL DEVELOP AND
SUBMIT A COMPLETE LONG ISLAND WATER RESOURCES MANAGEMENT STRATEGY TO THE
WATER RESOURCES PLANNING COUNCIL FOR ITS REVIEW AND ADOPTION. THIS STRA-
TEGY SHALL BE COMPOSED OF WATER RESOURCES  MANAGEMENT  STRATEGIES  WHICH
RECOGNIZE   THE   NATURAL  BOUNDARIES  OF  THE  WATER  RESOURCE  BASINS,
WATERSHEDS, AND AQUIFERS AND EXISTING SIGNIFICANT DEFICIENCIES OF  WATER
SUPPLY,  AND  WHICH  ORGANIZE THESE IN THE MOST PRACTICAL AND MANAGEABLE
MANNER. EACH MANAGEMENT STRATEGY SHALL ANALYZE THE  PRESENT  AND  FUTURE
DEMOGRAPHIC,  NATURAL RESOURCE, ECONOMIC DEVELOPMENT, WATER QUALITY, AND
CONSERVATION REQUIREMENTS OF PUBLIC AND PRIVATE WATER SYSTEMS AND DEVEL-
OP MANAGEMENT STRATEGIES TO MEET THE  WATER  RESOURCES  REQUIREMENTS  OF
RESIDENTIAL,  AGRICULTURAL,  INDUSTRIAL  AND COMMERCIAL USERS AS WELL AS
ASSURE THE HIGHEST POSSIBLE QUALITY AND QUANTITY OF THESE RESOURCES.
  STRATEGIES SHALL ANALYZE THE EFFICIENCY AND CAPACITY OF EXISTING WATER
SUPPLY SOURCES AND FACILITIES  AND  SHALL  CONTAIN  RECOMMENDATIONS  FOR
APPROPRIATE  MODIFICATIONS, RESTORATION, AND EXPANSION OR DEVELOPMENT OF

S. 7804                             7

NEW SOURCES OR FACILITIES. SUCH STRATEGIES  SHALL  ALSO  INCLUDE  EVALU-
ATIONS  AND RECOMMENDATIONS. THE STRATEGY SHALL ALSO CONTAIN RECOMMENDA-
TIONS REGARDING IMPLEMENTATION OF THESE STRATEGIES BY THE DEPARTMENT  OF
HEALTH,  THE DEPARTMENT, OTHER APPROPRIATE STATE AGENCIES, LOCAL GOVERN-
MENTS AND SPECIAL DISTRICTS. IN ADDITION, THE DEPARTMENTS  SHALL  SUBMIT
TO  THE  COUNCIL  WATER  RESOURCES MANAGEMENT STRATEGIES AS SOON AS SUCH
STRATEGIES ARE DEVELOPED. THE DEPARTMENTS SHALL ALSO REPORT REGULARLY TO
THE COUNCIL ON THE DEVELOPMENT OF THE STRATEGIES AND RECEIVE  THE  COUN-
CIL'S  RECOMMENDATIONS  AND  DIRECTIONS.  SUCH  STRATEGIES SHALL ALSO BE
AVAILABLE FOR PUBLIC INSPECTION AS SOON AS SUCH  STRATEGIES  ARE  DEVEL-
OPED.
  S  10.  This act shall take effect on the ninetieth day after it shall
have become a law.

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