S791-2011 - NY Senate Open Legislation - Regulates farm pond dams

Relates to farm pond dams; defines farm pond dams as dams principally installed to enhance agricultural, environmental and conservation benefits on farms.

Sponsor: YOUNG / Co-sponsor(s): GALLIVAN, RANZENHOFER / Committee: AGRICULTURE
Law Section: Agriculture and Markets Law / Law: Amd S16, Ag & Mkts L; amd SS15-0107, 15-0503 & 15-0507, En Con L

S791-2011 Actions

Mar 13, 2012: referred to agriculture
Mar 13, 2012: DELIVERED TO ASSEMBLY
Mar 13, 2012: PASSED SENATE
Mar 12, 2012: ADVANCED TO THIRD READING
Mar 7, 2012: 2ND REPORT CAL.
Mar 6, 2012: 1ST REPORT CAL.287
Jan 4, 2012: REFERRED TO AGRICULTURE
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 6, 2011: referred to agriculture
Jun 6, 2011: DELIVERED TO ASSEMBLY
Jun 6, 2011: PASSED SENATE
Mar 28, 2011: ADVANCED TO THIRD READING
Mar 24, 2011: 2ND REPORT CAL.
Mar 23, 2011: 1ST REPORT CAL.259
Jan 5, 2011: REFERRED TO AGRICULTURE

S791-2011 Meetings

Agriculture: Mar 6, 2012, Agriculture: Mar 23, 2011

S791-2011 Calendars

S791-2011 Votes

VOTE: COMMITTEE VOTE: - Agriculture - Mar 23, 2011

Ayes (7): Ritchie, Gallivan, O'Mara, Ranzenhofer, Seward, Young, Valesky
Ayes W/R (1): Kennedy
Nays (2): Avella, Montgomery

VOTE: FLOOR VOTE: - Jun 6, 2011

Ayes (46): Adams, Addabbo, Alesi, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Lanza, Larkin, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Seward, Skelos, Smith, Valesky, Young, Zeldin
Nays (15): Avella, Duane, Espaillat, Gianaris, Krueger, Kruger, LaValle, Oppenheimer, Peralta, Perkins, Rivera, Serrano, Squadron, Stavisky, Stewart-Cousin
Absent (1): Parker

VOTE: COMMITTEE VOTE: - Agriculture - Mar 6, 2012

Ayes (8): Ritchie, Gallivan, O'Mara, Ranzenhofer, Seward, Young, Huntley, Valesky
Ayes W/R (1): Kennedy
Nays (1): Avella

VOTE: FLOOR VOTE: - Mar 13, 2012

Ayes (46): Adams, Addabbo, Alesi, Bonacic, Carlucci, DeFrancisco, Diaz, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Seward, Skelos, Smith, Valesky, Young, Zeldin
Nays (12): Avella, Ball, Dilan, Duane, Gianaris, Krueger, LaValle, Rivera, Serrano, Squadron, Stavisky, Stewart-Cousin
Excused (3): Breslin, Huntley, Oppenheimer

S791-2011 Memo

BILL NUMBER:S791

TITLE OF BILL:
An act
to amend the agriculture and markets law and the environmental
conservation law, in relation to farm pond dams

PURPOSE OF BILL:
To amend the agriculture and markets law, the environmental
conservation law to remove farm pond dams from required monitoring by
the DEC and give the responsibility by the state soil and water
conservation committee for development of guidelines and best
management practices for the classification, operation and
maintenance of farm pond dams.

SUMMARY OF PROVISIONS:
Section 1 amends Section 16 of the agriculture and markets law by
adding a new subdivision 45 to add farm pond dams to the oversight of
the state soil and water conservation committee.

Section 2 amends section 15-0107 of the environmental conservation law
by adding a new subdivision 7 to define "farm pond dam."

Section 3 amends subdivision 3 of section 15-0503 of the environmental
conservation law by adding a new paragraph d to exclude farm pond
dams from DEC oversight.

Section 4 amends the section 15-0507 of the environmental conservation
law by adding a new subdivision 7 stating that the provision of this
section shall not apply to farm pond dams as defined in section
15-0107 of this article.

JUSTIFICATION:
Ponds play an important role on many New York State farms. They
provide a source of water for farm crop and livestock needs in times
of drought, as well as provide many conservation benefits, such as
ecosystem enhancement, to New York's environment. These ponds (and
the dams that contain them) pose little risk to public safety. In the
very rare circumstance where they would experience an issue, the
small amount of water and remote location of the ponds would limit
any damage. Rather than require DEC to monitor these low risk farm
ponds, the NYS Soil & Water Conservation committee, which continually
works with farmers, is much better suited to efficiently help farmers
maintain farm ponds.

LEGISLATIVE HISTORY:
2009-2010:  S.2429-A/A.976-A  Referred to Agriculture/Passed Assembly
2008:       S.7564/A.10542  Passed Senate/Reported from Assembly
Agriculture Committee

BUDGET IMPLICATIONS:
The bill shifts responsibility from one
department to another. The net fiscal impact of the bill would be
negligent.

EFFECTIVE DATE:


This act shall take effect immediately.

S791-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                           791
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by Sens. YOUNG, RANZENHOFER -- read twice and ordered print
 ed, and when printed to be committed to the Committee on Agriculture
 

AN ACT to amend the agriculture and markets law  and  the  environmental
 conservation law, in relation to farm pond dams
 

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

 

Section 1.

Section 16 of the agriculture and markets law is amended by
 adding a new subdivision 45 to read as follows:

 45. DEVELOP GUIDELINES AND BEST MANAGEMENT  PRACTICES  IN  CONJUNCTION
 WITH THE STATE SOIL AND WATER CONSERVATION COMMITTEE FOR THE CLASSIFICA
 TION, OPERATION AND MAINTENANCE OF FARM POND DAMS.
 

S  2.  Subdivision 7 of section 15-0107 of the environmental conserva
 tion law is renumbered subdivision 8 and a new subdivision 7 is added to
 read as follows:

 7. "FARM POND DAM" SHALL MEAN THOSE  DAMS  MEETING  GUIDELINES  ESTAB
 LISHED  BY THE DEPARTMENT OF AGRICULTURE AND MARKETS PURSUANT TO SECTION
 SIXTEEN OF THE AGRICULTURE AND MARKETS LAW AND INSTALLED TO  PRINCIPALLY
 ENHANCE AGRICULTURAL, ENVIRONMENTAL AND CONSERVATION BENEFITS ON FARMS.
 

S  3.  Subdivision 3 of section 15-0503 of the environmental conserva
 tion law, as amended by chapter 364 of the laws of 1999, is  amended  to
 read as follows:

 3.  The  requirement  of  a  permit pursuant to this section shall not
 apply to the following facilities:

 a. A dock, pier, wharf or other structure used  solely  as  a  landing
 place  on water providing dockage for five or fewer boats and encompass
 ing within its outer perimeter an area less than  four  thousand  square
 feet;
 b. A mooring facility providing mooring for fewer than ten boats;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03431-01-1
        S. 791                              2
 c. Seasonal replacement or reinstallation of structures referenced and
 listed  in  paragraph b of subdivision 1 of this section installed prior
 to the effective date of this paragraph[.];
 D. FARM POND DAMS.
 

S  4.

Section 15-0507 of the environmental conservation law is amended
 by adding a new subdivision 7 to read as follows:

 7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
 PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FARM POND DAMS.
 

S 5. This act shall take effect immediately.

S791-2011: Regulates farm pond dams