Bill Text: NY A04637 | 2021-2022 | General Assembly | Introduced
Bill Title: Limits the exceptions to certain effluent limitations in Nassau and Suffolk counties and requires certain eligible projects for state aid involving water pollution control revolving fund agreements to take county-wide or regional wastewater planning into consideration when determining eligibility; requires best available technology to be used to reduce nitrogen pollution.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2021-12-29 - approval memo.156 [A04637 Detail]
Download: New_York-2021-A04637-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4637 2021-2022 Regular Sessions IN ASSEMBLY February 4, 2021 ___________ Introduced by M. of A. ENGLEBRIGHT, LAVINE -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to limiting the exceptions to certain effluent limitations in Nassau and Suffolk counties and requiring certain eligible projects for state aid involving water pollution control revolving fund agreements to take county-wide or regional wastewater planning into consideration when determining eligibility The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 17-0809 of the environmental 2 conservation law, as added by chapter 360 of the laws of 1988, is 3 amended to read as follows: 4 3. Notwithstanding any other provision of this article, when effluent 5 limitations are established they must be at least as stringent as the 6 effluent limitations previously required unless the commissioner deter- 7 mines, through regulation, that an exception is warranted as provided in 8 section 303(d) and 402(o) of the Federal Water Pollution Control Act (33 9 U.S.C. sections 1313(d) and 1342(o)) as amended by the Water Quality Act 10 of 1987; provided, however, no such exceptions may be determined to be 11 warranted in special groundwater protection areas designated pursuant to 12 article fifty-five of this chapter or in Nassau or Suffolk counties 13 where such discharges will impact marine waters within ten years or 14 less. In such areas, the best available technology shall be applied 15 with special emphasis on reducing nitrogen pollution. 16 § 2. Item (e) of subparagraph (ii) of paragraph d of subdivision 1 of 17 section 17-1909 of the environmental conservation law, as amended by 18 chapter 355 of the laws of 2014, is amended to read as follows: 19 (e) conforms with applicable rules and regulations of the department, 20 including a demonstration that design and construction consider future 21 physical climate risk due to sea level rise, and/or storm surges and/or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03770-02-1A. 4637 2 1 flooding, based on available data predicting the likelihood of future 2 extreme weather events, including hazard risk analysis data if applica- 3 ble; and 4 (f) includes consideration of county-wide or regional wastewater plan- 5 ning. 6 § 3. Paragraph a of subdivision 2 of section 17-1909 of the environ- 7 mental conservation law, as amended by chapter 262 of the laws of 2007, 8 is amended to read as follows: 9 a. The environmental significance of such potentially eligible 10 projects which shall include, but need not be limited to, an assessment 11 of (i) public health and safety; (ii) protection of environmental 12 resources; (iii) population affected; (iv) attainment of state water 13 quality goals and standards; [and] (v) compliance with state and federal 14 law, rules and regulations; and (vi) the extent to which such projects 15 reflect county-wide or regional wastewater planning; 16 § 4. This act shall take effect immediately and shall apply to all 17 permits issued after such date.