Bill Text: NY S01682 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to placing a moratorium on the renewal of permits to drill in the Lloyd Sands in Kings and Queens counties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S01682 Detail]

Download: New_York-2019-S01682-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1682
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 15, 2019
                                       ___________
        Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
        AN ACT to amend the environmental conservation law,  in  relation  to  a
          moratorium  on  the  renewal of permits to drill in the Lloyd Sands in
          Kings and Queens counties
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 15-1528 of the environmental conservation law, as
     2  added by chapter 773 of the laws  of  1986,  subdivisions  2  and  4  as
     3  amended  by  chapter  567  of  the  laws  of 2008, is amended to read as
     4  follows:
     5  § 15-1528. Moratorium on the drilling of  [new]  certain  wells  in  the
     6               Lloyd Sands.
     7    1.  The  department is directed to identify those areas of Long Island
     8  within the counties of Kings, Queens, Nassau and Suffolk which, for  the
     9  purposes of this section, shall be considered coastal communities.
    10    2.  (a)  A  moratorium  shall  be  established  on the granting of new
    11  permits to drill public water supply, private water supply or industrial
    12  wells into the Lloyd Sands or to permit new withdrawals  of  water  from
    13  the  Lloyd  Sands  or to permit the storage or pumping of water into the
    14  Lloyd Sands.  Such moratorium shall apply to  all  areas  that  are  not
    15  coastal  communities,  provided however that such moratorium shall apply
    16  to all areas including coastal communities for the storage or pumping of
    17  water into the Lloyd Sands. The waters  of  the  Lloyd  Sands  shall  be
    18  reserved  for  the  use  of  coastal  communities during the moratorium,
    19  however, nothing required herein shall affect the permits of wells pres-
    20  ently screened in the Lloyd Sands and withdrawing water therefrom.
    21    (b) A moratorium shall be  established  on  the  granting  of  renewal
    22  permits to drill public water supply, private water supply or industrial
    23  wells  into  the  Lloyd Sands or to permit withdrawals of water from the
    24  Lloyd Sands or to permit the storage or pumping of water into the  Lloyd
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05125-01-9

        S. 1682                             2
     1  Sands  in  the counties of Kings and Queens. Such moratorium shall apply
     2  to all areas that are not coastal  communities,  provided  however  that
     3  such  moratorium  shall apply to all areas including coastal communities
     4  for the storage or pumping of water into the Lloyd Sands.
     5    3.  The  moratorium shall be lifted on the granting of new permits for
     6  Nassau and Suffolk counties upon a directive from the commissioner.  The
     7  directive  shall  be  based  upon  his  or  her  finding that sufficient
     8  research has been conducted so as to provide a sound  working  knowledge
     9  of  the  details,  dynamics, water volume, and levels of safe withdrawal
    10  appropriate to maintain a safe quantity of Lloyd Sands  water.  Further,
    11  the  commissioner must find that a workable program is in place that can
    12  properly administer a well permit program for  the  Lloyd  Sands  water.
    13  Such  program  shall  take  into account both the localized and regional
    14  aspects and implications of Lloyd Sands water withdrawals, with  special
    15  attention  given to the prevention of water contamination and salt water
    16  intrusion. The program must ensure that a safe level of withdrawal  from
    17  the Lloyd Sands is not exceeded.
    18    4.  The commissioner may grant exemptions for Nassau and Suffolk coun-
    19  ties to the moratorium upon a finding of just cause  and  extreme  hard-
    20  ship. Such exemptions shall not apply to the storage or pumping of water
    21  into the Lloyd Sands. An adjudicatory hearing shall be held and findings
    22  presented to the commissioner prior to the granting of an exemption.
    23    § 2. This act shall take effect immediately.
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