S T A T E O F N E W Y O R K
________________________________________________________________________
10584
I N A S S E M B L Y
June 7, 2012
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Sweeney,
Weisenberg, Thiele) -- read once and referred to the Committee on
Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
special groundwater and surface water protection areas
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 55-0113 of the environmental conservation law, as
added by chapter 628 of the laws of 1987, subdivision 8 as added by
chapter 502 of the laws of 2006, is amended to read as follows:
S 55-0113. Special groundwater AND SURFACE WATER protection areas; Long
Island designation.
1. Nine areas shall be designated for the purposes of this article as
special groundwater protection areas. They are identified as follows:
(a) the North Hills area of the town of North Hempstead, Nassau coun-
ty;
(b) the area of the Northeastern villages of the town of Oyster Bay,
Nassau county;
(c) the Woodbury road-West Pulaski road area, town of Huntington,
Suffolk county;
(d) the West Hills area of the town of Huntington, Suffolk county;
(e) the Oak Brush Plains of the towns of Babylon and Huntington,
Suffolk county;
(f) the Setauket Pine Barrens, town of Brookhaven, Suffolk county;
(g) the Central Pine Barrens of the towns of Brookhaven, Riverhead and
Southampton, Suffolk county;
(h) the South Fork Morainal Forest of the towns of Southampton and
East Hampton, Suffolk county; and
(i) the Hither Hills area of the town of East Hampton, Suffolk county.
2. THREE AREAS SHALL BE DESIGNATED FOR THE PURPOSES OF THIS ARTICLE AS
SPECIAL SURFACE WATER PROTECTION AREAS. THEY ARE IDENTIFIED AS FOLLOWS:
(A) THE PECONIC ESTUARY WATERSHED AS DEFINED IN SUBDIVISION SIX OF
SECTION 57-0203 OF THIS CHAPTER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16140-01-2
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(B) THE SOUTH SHORE ESTUARY RESERVE WATERSHED AS DEFINED IN SUBDIVI-
SION FOUR OF SECTION NINE HUNDRED SIXTY-TWO OF THE EXECUTIVE LAW.
(C) THE LONG ISLAND SOUND WATERSHED INCLUDING ONLY TOWNS, VILLAGES,
AND COUNTIES ADJOINING THE LONG ISLAND SOUND.
3. Such areas identified for Long Island in this section shall be
addressed concurrently as a single planning project in order to insure
consistency and uniformity in the development of a management plan that
recognizes the regional importance of the special groundwater AND
SURFACE WATER protection areas.
[3.] 4. The preliminary boundaries of the special groundwater
protection areas designated in subdivision one of this section shall be
those identified in the state groundwater management plan except for
said areas designated in paragraphs (a) and (b) of subdivision one of
this section which shall be the same as those areas adopted by the
Nassau County Board of Health pursuant to article ten of the Nassau
County Public Health Ordinance on December twelfth, nineteen hundred
eighty-four. Final boundaries shall be determined on the basis of infor-
mation developed in accordance with the requirements of section 55-0115
of this article.
[4.] 5. Other areas not identified in this section can be petitioned
for according to the guidelines set forth in section 55-0109 of this
article.
[5.] 6. The Long Island [regional] WATER planning board is designated
as the planning entity for the nine special groundwater protection areas
herein identified on Long Island, and is authorized to carry out the
planning work specified in this article. THE LONG ISLAND WATER PLANNING
BOARD SHALL CONSIST OF THE COMMISSIONER (OR HIS OR HER DESIGNEE), THE
NASSAU AND SUFFOLK COUNTY EXECUTIVES, AND THE TOWN SUPERVISORS AND
VILLAGE MAYORS FROM EACH OF THE SPECIAL GROUNDWATER AND SURFACE WATER
PROTECTION AREAS. THE COMMISSIONER OR HIS OR HER DESIGNEE SHALL SERVE AS
CHAIR.
[6.] 7. An advisory group to be known as the "special groundwater AND
SURFACE WATER protection area advisory council" shall be established.
The voting membership shall consist of representatives of the following
organizations: one member from the Nassau county department of health;
one member from the Nassau county department of public works; one member
from the Nassau county planning commission; two members from the Suffolk
county department of health services; one member from the New York state
department of environmental conservation; one member from the New York
state department of health; [two members from the New York state legis-
lative commission on water resource needs of Long Island;] two members
from conservation organizations having property or other interests in
one or more of the special groundwater protection areas[; and a member
from each town which contains part or all of a special groundwater
protection area] AND/OR SURFACE WATER PROTECTION AREAS. The special
groundwater AND SURFACE WATER protection area advisory council shall
serve as an advisory group to the Long Island [regional] WATER planning
board and shall assist in the development, review, and implementation of
the management plan.
[7.] 8. The Long Island [regional] WATER planning board shall submit
an outline of the plan of work designed to complete the requirements of
sections 55-0115 and 55-0117 of this article, acceptable to the commis-
sioner and a budget request, therefor. SUCH REQUEST SHALL BE SUBMITTED
NO LATER THAN DECEMBER THIRTY-FIRST OF EACH YEAR.
[8. No municipality located within a special groundwater protection
area designated in paragraph (a) of subdivision one of this section
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shall use public funds to acquire land within such special groundwater
protection area being used as a recreational facility or open space at
the time of proposed acquisition unless such land is being offered for
sale or a change of use for such land is proposed by the owner thereof.]
S 2. Section 55-0115 of the environmental conservation law, as added
by chapter 628 of the laws of 1987, is amended to read as follows:
S 55-0115. Comprehensive management plan; contents.
The designated planning entity shall prepare the plan for the special
groundwater protection area. The plan shall be designed to ensure the
non-degradation AND RESTORATION of [the] high quality [of] groundwater
recharged within the special groundwater protection area AND SPECIAL
SURFACE WATER PROTECTION AREAS. Where local plans already exist which
effectuate the goals of this article, such local plans shall be evalu-
ated and incorporated as is appropriate into the work of the planning
entity. Such plan shall include but not be limited to:
1. A determination of the quality of the existing groundwater
recharged through said special groundwater protection area AND SAID
SPECIAL SURFACE WATER PROTECTION AREA, the natural recharge capabilities
of the special groundwater protection area watershed AND SPECIAL SURFACE
WATER PROTECTION AREAS and the dependence of any natural ecosystems in
the special groundwater protection area AND SPECIAL SURFACE WATER
PROTECTION AREAS on the water quality and natural recharge capabilities
of said area;
2. An identification of all known existing and potential point and
non-point sources of groundwater degradation;
3. Development of specific ENFORCEABLE watershed rules and regulations
pursuant to section eleven hundred of the public health law, AND ARTICLE
FIFTEEN OF THIS CHAPTER, which are designed to accomplish the purposes
of this article;
4. A map showing the detailed boundary of the special groundwater AND
SURFACE WATER protection area or areas as well as a precise written
description of such boundaries;
5. A resource assessment which determines the amount and type of human
development and activity which the ecosystem can sustain while still
maintaining existing ground and surface water quality and protecting
unique ecological features;
6. The identification and proposal of limits on federal, state and
local government financially assisted activities and projects which,
directly or indirectly, may contribute, in any way whatsoever, to any
degradation of such groundwater or any loss of natural surface and
subsurface infiltration or purification capability of the special
groundwater protection area watershed;
7. Development of a comprehensive statement of land use management as
it pertains to the maintenance, RESTORATION, and enhancement of ground-
water quality and quantity;
8. Proposal of limits on land uses AND WASTEWATER INFRASTRUCTURE AND
MANAGEMENT PRACTICES that might have an adverse impact on water quality
and/or recharge capabilities in the special groundwater protection area
AND SURFACE WATER PROTECTION AREAS;
9. Consideration and proposal of specific techniques, including, but
not limited to: clustering, large lot zoning, purchase, exchange or
donation of conservation easements or development rights, and other
innovative measures sufficient to achieve the objectives of this
section;
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10. Designation of specific areas within special groundwater
protection areas AND SURFACE WATER PROTECTION AREAS suitable and appro-
priate for public acquisition; and
11. A program for local governmental implementation of the comprehen-
sive management plan described in this subdivision in a manner that will
insure the continued, uniform, consistent protection of this area in
accord with the purposes of this article.
S 3. Section 55-0117 of the environmental conservation law, as added
by chapter 628 of the laws of 1987, subdivisions 5 and 6 as amended by
chapter 238 of the laws of 1991, is amended to read as follows:
S 55-0117. Comprehensive management plan; approval.
1. The planning entity shall:
(a) consult with appropriate officials of any local, state or federal
agency which has jurisdiction over lands and waters within the area;
(b) consult with the officials of any municipality which has jurisdic-
tion over lands and waters within areas designated [or proposed] as
special groundwater protection areas OR SPECIAL SURFACE WATER PROTECTION
AREAS;
(c) consult with interested professional, scientific and citizens'
organizations;
(d) consult with citizen's advisory committees;
(e) transmit any draft and final plan to all affected municipalities
for review and comment; and
(f) conduct public hearings at places within the area, and at such
other places as may be appropriate, for the purpose of providing inter-
ested persons with an opportunity to express their views with respect to
matters covered by the plan.
2. The plan shall be submitted to the commissioner. The plan shall be
accompanied by a transmittal letter in which the planning entity certi-
fies that:
(a) the plan when implemented will achieve [its stated water quality
objectives] AN AMBIENT GROUNDWATER STANDARD OF TWO MILLIGRAMS PER LITER
FOR NITROGEN and protect the ecological values of the special groundwa-
ter protection area which are significant for maintenance of water qual-
ity;
(b) the plan requires the exercise of land use and zoning responsibil-
ities to the greatest extent practicable to regulate the use of land and
water resources in a manner consistent with the purposes of this arti-
cle;
(c) the planning entity has afforded adequate opportunity, including
public hearings, for public governmental involvement in the preparation
and review of the plan, and whether such review and comment thereon were
considered in the plan; and
(d) the extent to which adequate assurances have been received from
appropriate local officials that the recommended implementation program
identified in the plan will be initiated within a reasonable time after
the date of approval of the plan and such program will insure effective
implementation of the local aspects of the plan.
3. The commissioner shall review the plan and within ninety days
certify that the plan conforms with all applicable state laws, official
rules and regulations, state water resource management plans, and where
submitted, the nominating petition as defined in section 55-0109 of this
article. As part of the review and certification process, the commis-
sioner shall also certify the boundaries.
4. If the commissioner finds that the plan is still not in compliance
with applicable state law, official rules and regulations, and state
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water resource management plans, after a second review, he shall with-
hold approval of all outstanding planning entity claims for reimburse-
ment pending satisfactory revision of the plan.
5. Upon certification of the plan and the boundaries, the identified
area or areas are officially adopted by the commissioner as special
groundwater protection areas AND/OR SURFACE WATER PROTECTION AREAS.
6. Upon adoption of the boundaries by the planning entity, the special
groundwater AND SURFACE WATER protection areas shall be designated as
critical environmental areas as defined by regulations pursuant to
section 8-0113 of this chapter and an environmental impact statement
shall be prepared pursuant to section 8-0109 of this chapter for any
action found to have a significant impact upon such areas. Such state-
ment shall meet the requirements of the most detailed environmental
impact statement required by section 8-0109 of this chapter or by any
rule or regulation promulgated pursuant to such section. Upon certif-
ication of the plan by the commissioner, such statement shall include a
detailed statement of the effects of any proposed action on, and its
consistency with, the comprehensive management plan of the special
groundwater protection area AND SURFACE WATER PROTECTION AREA program,
as implemented by the commissioner pursuant to this article.
S 4. Section 55-0119 of the environmental conservation law, as added
by chapter 546 of the laws of 2001, is amended to read as follows:
S 55-0119. Local land use regulation within a special groundwater
[protection area] AND/OR SPECIAL SURFACE WATER PROTECTION
AREAS.
Any land use regulation enacted by any COUNTY, town or village located
within a special groundwater protection area AND/OR SPECIAL SURFACE
WATER PROTECTION AREA which includes a definition of "open space" must
consider the impact of such definition on the water quality and/or
recharge capabilities of the area. Any such definition of "open space"
may also consider other purposes of open space, including, but not
limited to, protection of habitat, farmland, forest, air quality, view
shed protection and recreation. Provided however, that any definition of
open space that allows for or includes recreational uses, must provide
clear guidance as to which recreational uses, improvements or facilities
serve the purpose of protecting water quality and/or recharge capabili-
ties. "Land use regulation" shall mean an ordinance or local law enacted
by a municipality with responsibility for zoning and includes any
zoning, subdivision, special use permit or site plan regulation or any
other regulation which prescribes the appropriate use of property, or
scale, location and intensity of development.
S 5. This act shall take effect on the ninetieth day after it shall
have become a law.