Bill Text: NY A04601 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides for protection of certain streams; adds class C streams to the list of protected streams; exempts soil and water conservation districts which have an MOU with the department of environmental conservation from certain permitting requirements.

Spectrum: Moderate Partisan Bill (Democrat 13-2)

Status: (Introduced) 2023-05-22 - substituted by s1725a [A04601 Detail]

Download: New_York-2023-A04601-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4601--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 17, 2023
                                       ___________

        Introduced  by  M.  of  A.  GLICK,  KELLES, L. ROSENTHAL, SIMONE, STECK,
          REYES, SIMON, JACOBSON -- read once and referred to the  Committee  on
          Ways  and  Means -- reported and referred to the Committee on Rules --
          Rules Committee discharged, bill amended, ordered reprinted as amended
          and recommitted to the Committee on Rules

        AN ACT to amend the environmental conservation law, in relation  to  the
          protection of certain streams

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2  of  section  15-0501  of  the  environmental
     2  conservation  law,  as  amended  by  chapter 233 of the laws of 1979, is
     3  amended to read as follows:
     4    2. For the purposes of this section, stream shall mean that portion of
     5  any fresh surface watercourse, except lakes or ponds  having  a  surface
     6  area  greater  than  ten  acres  at  mean low water level, for which the
     7  department has adopted  or  may  hereafter  adopt  pursuant  to  section
     8  17-030l, any of the following classifications or standards:
     9    AA and AA (T),
    10    A and A (T),
    11    B and B (T),
    12    C and C (T)
    13    Small  ponds  or  lakes with a surface area at mean low water level of
    14  ten acres or less, located in the course of a stream, shall  be  consid-
    15  ered a part of the stream and subject to regulation under this section.
    16    §  2.  Subdivision 4 of section 15-0501 of the environmental conserva-
    17  tion law, as amended by chapter 233 of the laws of 1979, is  amended  to
    18  read as follows:
    19    4.  a.  No  permit  under  this section shall be required of any local
    20  public corporation which has entered into a written memorandum of under-
    21  standing with the department establishing the plan of  operation  to  be
    22  followed  in carrying out projects or work affecting water courses so as

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04957-03-3
        A. 4601--A                          2

     1  to afford proper protection to the public beneficial uses of such  water
     2  courses.
     3    b.  No  permit  under  this  section with respect to any stream with a
     4  classification of C shall be required of a soil and  water  conservation
     5  district  as defined in subdivision one of section three of the soil and
     6  water conservation districts law which has entered into a written  memo-
     7  randum  of  understanding  with  the department establishing the plan of
     8  operation to be followed in carrying out projects or work affecting such
     9  water courses so as to afford proper protection to the public beneficial
    10  uses of such water courses.
    11    § 3. This act shall take effect on the ninetieth day  after  it  shall
    12  have become a law.