Bill Text: NY A02044 | 2021-2022 | General Assembly | Amended
Bill Title: Expands the water resources planning council; directs such council to fulfill certain duties; requires reports from the council.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2022-05-11 - REFERRED TO ENVIRONMENTAL CONSERVATION [A02044 Detail]
Download: New_York-2021-A02044-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2044--A 2021-2022 Regular Sessions IN ASSEMBLY January 14, 2021 ___________ Introduced by M. of A. ABINANTI, SCHMITT -- read once and referred to the Committee on Environmental Conservation -- recommitted to the Committee on Environmental Conservation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to the water resources planning council The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 15-2901 of the environmental conservation law, as 2 amended by chapter 83 of the laws of 1995, is amended to read as 3 follows: 4 § 15-2901. Water resources planning council; organization. 5 There is hereby established within the department of environmental 6 conservation a water resources planning council. It shall consist of 7 [fifteen] seventeen voting members[, including] and eight non-voting 8 members. 1. Voting members shall include the chair, the commissioners of 9 agriculture and markets, economic development, environmental conserva- 10 tion, health, transportation, human rights, the chair of the public 11 service commission, president of the New York state energy research and 12 development authority, secretary of state and seven members to be 13 appointed by the governor including at least [one member] two members 14 who shall have expertise in the science of water resources planning 15 [and], at least two members who shall have expertise in environmental 16 science and/or engineering and one member [selected from a list proposed17by public interest or environmental citizens organizations] who shall 18 have expertise in environmental justice. These seven members appointed 19 by the governor shall serve terms of [four] five years each. Two of the 20 members appointed by the governor shall be appointed upon the recommen- 21 dation of the majority leader of the senate and two of the members 22 appointed by the governor shall be appointed upon the recommendation of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01377-02-2A. 2044--A 2 1 the speaker of the assembly. [The governor shall select a chair from2among the members.] 2. Non-voting members shall represent each of the 3 following regions: (a) New York City; (b) Long Island; (c) Lower Hudson 4 Valley; (d) Capitol Region; (e) Upper Hudson and St. Lawrence River 5 Watershed; (f) Central New York; (g) Southern Tier River basins; and (h) 6 Great Lakes Regional Watersheds. Meetings of the council shall be called 7 by the chair. Members shall receive reimbursement for expenses only. 8 § 2. Section 15-2903 of the environmental conservation law, as amended 9 by chapter 307 of the laws of 1986, is amended to read as follows: 10 § 15-2903. Water resources planning council; quorum, bylaws. 11 A majority of the voting members of the council shall constitute a 12 quorum for the transaction of any business or the exercise of any power 13 of the council. The commissioners of agriculture and markets, [commerce] 14 economic development, energy, environmental conservation, health, trans- 15 portation, human rights, the [chairman] chair of the public service 16 commission and secretary of state may, by official authority filed in 17 their respective agencies, and with the water resources planning coun- 18 cil, designate a deputy or other officer to exercise his or her powers 19 and perform his or her duties, including the right to vote, on the coun- 20 cil. The council may also establish for itself bylaws for the conduct of 21 its affairs. 22 § 3. The environmental conservation law is amended by adding a new 23 section 15-2904 to read as follows: 24 § 15-2904. Water resources planning council; duties and purpose. 25 1. The council shall make recommendations regarding the management and 26 oversight of the water resources of the state including facilitating 27 cooperative and sustainable management of water resources to ensure that 28 all residents have access to adequate, affordable, safe drinking water 29 in perpetuity. The council shall also make recommendations to help 30 ensure the fair and equitable distribution of public water resources and 31 shall help ensure that every agency considers environmental justice 32 standards in its water-related decision making process and actions. The 33 council shall create interstate partnerships for sharing resources and 34 best practices for water management. 35 2. The council shall review and examine all state and federal laws and 36 regulations concerning the management, use, protection, conservation and 37 provision of water which may affect the state. The council may issue 38 comments on any proposed state and federal legislation or regulations 39 affecting water. The council shall review and may issue comments on any 40 recommendations of the drinking water quality council established pursu- 41 ant to section eleven hundred thirteen of the public health law. The 42 council shall review the list of contaminants which are tested in waters 43 of the state, including in remedial programs, and may make recommenda- 44 tions to the department of environmental conservation, the department of 45 health, or the United States environmental protection agency. 46 § 4. Section 15-2905 of the environmental conservation law, as added 47 by chapter 509 of the laws of 1984, is amended to read as follows: 48 § 15-2905. Statewide inventory of existing significant deficiencies in 49 water supply systems. 50 The commissioner, in consultation with the commissioner of health and 51 the chair, utilizing information requested from the responsible local 52 officials as well as relevant information developed through titles elev- 53 en and thirteen of this article, shall cause to be prepared an inventory 54 of existing significant deficiencies in water supply availability 55 throughout the state, including specific needs for improvement, rehabil- 56 itation and establishment of water supply, distribution and transmissionA. 2044--A 3 1 facilities. Such inventory shall also identify those water supply 2 systems affected or threatened by intrusions of hazardous materials or 3 wastes and the nature of remediation required. Such inventory shall be 4 completed and transmitted to the governor, legislature and the council 5 by July first, [nineteen hundred eighty-five] two thousand twenty-four. 6 The commissioner in consultation with the secretary of state[,] and 7 the chair, shall also cause to be prepared a review and summary of 8 existing statutory and constitutional provisions relating to the 9 provision and financing of water supply facilities by local governments, 10 including such provision and financing through inter-local cooperation. 11 Such review and summary shall also identify any existing statutory and 12 constitutional constraints against the effective and efficient provision 13 of sound financing, on a revenue or general obligation basis, of such 14 facilities. Such review and summary shall be completed and transmitted 15 to the governor, legislature and the council by January first, [nineteen16hundred eighty-six] two thousand twenty-four. At such time and based 17 upon the above inventory and review and summary, the commissioner, in 18 consultation with the chair, shall also cause to be prepared a compila- 19 tion of those instances in which correction of existing significant 20 deficiencies appears to be beyond the reasonable financial capabilities 21 of the affected communities. 22 § 5. Section 15-2907 of the environmental conservation law, as amended 23 by chapter 214 of the laws of 1991, is amended to read as follows: 24 § 15-2907. Water resources management strategy; development purpose. 25 Not later than January first, [nineteen hundred eighty-seven] two 26 thousand twenty-five, and every five years thereafter, the department of 27 environmental conservation, with the participation of the department of 28 health and whenever possible, [regional planning and development boards] 29 non-voting regional members, shall develop and submit a [complete] 30 comprehensive statewide water resources management strategy to the water 31 resources planning council for its review and adoption following public 32 hearings. [This] The water resources management strategy shall be 33 composed of substate water resources management strategies which recog- 34 nize the natural boundaries of the water resource basins, watersheds, 35 and aquifers and existing significant deficiencies of water supply, and 36 which organize these in the most practical and manageable manner. Each 37 substate management strategy shall analyze the present and future demo- 38 graphic, natural resource, economic development, water quality, and 39 conservation requirements of public and private water systems and devel- 40 op regional management strategies to meet the water resources require- 41 ments of residential, agricultural, industrial and commercial users as 42 well as assure the highest possible quality and quantity of these 43 resources. 44 Strategies shall analyze the efficiency and capacity of existing water 45 supply sources and facilities and shall contain recommendations for 46 appropriate modifications, restoration, and expansion or development of 47 new sources or facilities. Such strategies shall also include evalu- 48 ations and recommendations as to the feasibility of including or remov- 49 ing hydroelectric energy generation facilities as part of the modifica- 50 tions, restoration, and expansion or development of new or existing 51 resources or facilities and/or returning rivers and streams to their 52 natural flow. The strategy shall also contain recommendations regarding 53 implementation of these strategies by the department of health, the 54 department of environmental conservation, other appropriate state agen- 55 cies, local governments and special districts. Where appropriate, the 56 strategy shall include review and assessment of all interstate waterA. 2044--A 4 1 management agreements or agreements with municipalities. In addition, 2 the departments shall submit to the council substate water resources 3 management strategies as soon as such strategies are developed. The 4 departments shall also report regularly to the council on the develop- 5 ment of the strategies and receive the council's recommendations and 6 directions. [Such substate] The statewide water resources management 7 strategy shall be made available to the public on the council's website 8 and submitted to the legislature within two weeks of its adoption. 9 Substate strategies shall also be available [for public inspection as10soon as] to the public on each department's and the council's website 11 within two weeks of the submission of such strategies [are developed] to 12 the council. 13 § 6. Section 15-2909 of the environmental conservation law, as added 14 by chapter 509 of the laws of 1984, is amended to read as follows: 15 § 15-2909. Water resources management strategy; hearings. 16 Upon [receipt] adoption of the comprehensive statewide water resources 17 management strategy [from the department of environmental conservation] 18 by the water resources planning council, the council shall promptly 19 publish once a week for three consecutive weeks in newspapers of general 20 circulation and post on the department's website notice of public hear- 21 ings thereon. Public hearings shall be conducted in each of the 22 [substate areas] regions represented [in the statewide strategy] by a 23 non-voting member of the council, and shall be in accordance with regu- 24 lations adopted by the department, subject to modification by the coun- 25 cil. Such regulations shall, at a minimum, require a hearing on the 26 record with sworn witnesses and shall afford interested parties a 27 reasonable opportunity to sponsor witnesses and to question witnesses 28 sponsored by others, including department staff, consistent with the 29 need to conclude the hearings expeditiously so that a state water 30 resources management strategy can be adopted in a timely manner. The 31 hearings shall not be considered part of an adjudicatory proceeding, as 32 defined in subdivision three of section one hundred two of the state 33 administrative procedure act, or as part of a rule-making proceeding 34 held under subdivision one of section two hundred two of such act. 35 § 7. Section 15-2911 of the environmental conservation law, as added 36 by chapter 509 of the laws of 1984, is amended to read as follows: 37 § 15-2911. Water resources management strategy; approval. 38 The water resources planning council shall, as expeditiously as prac- 39 ticable following the conclusion of its hearings, but in no case later 40 than January first, [nineteen hundred eighty-eight] two thousand twen- 41 ty-five, determine, based on the record, including public comments and 42 hearing testimony, whether the statewide water resources management 43 strategy should be approved with modifications or disapproved, and shall 44 state in writing the reasons for its determination. If the council has 45 determined approval of the strategy, it shall be adopted by the depart- 46 ments of health and environmental conservation and other appropriate 47 state agencies in the form determined by the council. If the council has 48 determined disapproval of the strategy, the department of environmental 49 conservation, in conjunction with the department of health, shall modify 50 the strategy in accordance with the determination issued by the council 51 and resubmit the strategy to the council for its action. 52 § 8. Section 15-2913 of the environmental conservation law, as added 53 by chapter 509 of the laws of 1984, is amended to read as follows: 54 § 15-2913. Water resources management strategy; revision. 55 From time to time and at least once every [two years] year, [the56department of environmental conservation, with the participation of theA. 2044--A 5 1department of health] the water resources planning council, with partic- 2 ipation of all voting members and whenever possible, [regional planning3and development boards] non-voting regional members, shall review the 4 strategy and shall either (a) [prepare any] recommend amendments neces- 5 sary to update the strategy, or (b) issue a determination that no amend- 6 ments are necessary and the reasons supporting the determination. Any 7 interested person may seek such a review upon written application to the 8 department of environmental conservation for an amendment to the state- 9 wide water resources management strategy. [Any statement issued by the10departments that no amendments are necessary shall be submitted to the11council for approval, modification or disapproval.] Amendments shall be 12 adopted in the same manner as the strategy itself. Every five years, a 13 new comprehensive statewide resources management strategy shall be 14 developed and adopted by the water resources planning council as set 15 forth herein. 16 § 9. The environmental conservation law is amended by adding a new 17 section 15-2915 to read as follows: 18 § 15-2915. Report to legislature and governor. 19 The water resources planning council shall annually submit a report to 20 the governor and the legislature on the status and quality of the water 21 resources of the state. 22 § 10. This act shall take effect on the ninetieth day after it shall 23 have become a law. Effective immediately, the addition, amendment 24 and/or repeal of any rule or regulation necessary for the implementation 25 of this act on its effective date are authorized to be made and 26 completed on or before such effective date.