Bill Text: NY S01738 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Expands the water resources planning council; directs such council to fulfill certain duties; requires reports from the council.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2022-05-06 - PRINT NUMBER 1738A [S01738 Detail]

Download: New_York-2021-S01738-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1738

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 14, 2021
                                       ___________

        Introduced by Sens. SKOUFIS, ADDABBO, BIAGGI, GAUGHRAN -- 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  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    1. There is hereby established [within the department of environmental
     6  conservation] a water resources planning council. [It] The head  of  the
     7  council  shall  be the water commissioner, who shall be appointed by the
     8  governor, by and with the advice and consent of  the  senate,  and  hold
     9  office  at  the pleasure of the governor by whom he or she was appointed
    10  and until a successor is appointed and qualified. The water commissioner
    11  shall hold no other public office, and shall be the chief administrative
    12  officer of and in  sole  charge  of  the  administration  of  the  water
    13  resources  planning  council  and  shall  chair  the  council. The water
    14  commissioner shall receive an annual salary to be fixed by the  governor
    15  within  the  amount  available  therefor  by appropriation, and shall be
    16  entitled to receive reimbursement for expenses actually and  necessarily
    17  incurred  in  the  performance of his or her duties.  The commissioner's
    18  duties shall include management and oversight of the water resources  of
    19  the  state.  The  water  resources  planning  council  shall  consist of
    20  [fifteen]  seventeen voting members[, including]  and  eight  non-voting
    21  members.  (a)  Voting members shall include the chair, the commissioners
    22  of agriculture and markets, economic development, environmental  conser-
    23  vation,  health,  transportation,  human rights, the chair of the public
    24  service commission, president of the New York state energy research  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01377-01-1
        S. 1738                             2

     1  development  authority,  secretary  of  state  and  seven  members to be
     2  appointed by the governor including at least [one  member]  two  members
     3  who  shall  have  expertise  in  the science of water resources planning
     4  [and],  at  least  two members who shall have expertise in environmental
     5  science and/or engineering and one member [selected from a list proposed
     6  by public interest or environmental citizens  organizations]  who  shall
     7  have  expertise  in environmental justice. These seven members appointed
     8  by the governor shall serve terms of [four] five years each. Two of  the
     9  members  appointed by the governor shall be appointed upon the recommen-
    10  dation of the majority leader of the  senate  and  two  of  the  members
    11  appointed  by the governor shall be appointed upon the recommendation of
    12  the speaker of the assembly. [The governor shall  select  a  chair  from
    13  among  the  members.] (b) Non-voting members shall represent each of the
    14  following regions: (a) New York City; (b) Long Island; (c) Lower  Hudson
    15  Valley;  (d)  Capitol  Region;  (e)  Upper Hudson and St. Lawrence River
    16  Watershed; (f) Central New York; (g) Southern Tier River basins; and (h)
    17  Great Lakes Regional Watersheds. Meetings of the council shall be called
    18  by the chair. [Members] Except for  the  chair,  members  shall  receive
    19  reimbursement for expenses only.
    20    2. The water commissioner may request and receive from any department,
    21  division,  board, bureau, commission or other agency of the state or any
    22  political subdivision thereof or any public authority, staff  and  other
    23  assistance,   information,  and  resources  as  will  enable  the  water
    24  resources planning council to properly carry out its  functions,  powers
    25  and duties.
    26    § 2. Section 15-2903 of the environmental conservation law, as amended
    27  by chapter 307 of the laws of 1986, is amended to read as follows:
    28  § 15-2903. Water resources planning council; quorum, bylaws.
    29    A  majority  of  the  voting members of the council shall constitute a
    30  quorum for the transaction of any business or the exercise of any  power
    31  of the council. The commissioners of agriculture and markets, [commerce]
    32  economic development, energy, environmental conservation, health, trans-
    33  portation,  human  rights,  the  [chairman]  chair of the public service
    34  commission and secretary of state may, by official  authority  filed  in
    35  their  respective  agencies, and with the water resources planning coun-
    36  cil, designate a deputy or other officer to exercise his or  her  powers
    37  and perform his or her duties, including the right to vote, on the coun-
    38  cil. The council may also establish for itself bylaws for the conduct of
    39  its affairs.
    40    §  3.  The  environmental  conservation law is amended by adding a new
    41  section 15-2904 to read as follows:
    42  § 15-2904. Water resources planning council; duties and purpose.
    43    1. The council shall manage and oversee the  water  resources  of  the
    44  state  including  facilitating cooperative and sustainable management of
    45  water resources to ensure that all residents have  access  to  adequate,
    46  affordable,  safe  drinking  water in perpetuity.  When appropriate, the
    47  council shall consider opportunities for economic development in  manag-
    48  ing  the water resources of the state. The council shall ensure the fair
    49  and equitable distribution of public water resources  and  shall  ensure
    50  that every agency considers environmental justice standards in its deci-
    51  sion  making  process  and  actions. The council shall create interstate
    52  partnerships for sharing resources and best practices for water  manage-
    53  ment.
    54    2. The council shall review and examine all state and federal laws and
    55  regulations concerning the management, use, protection, conservation and
    56  provision  of  water  which  may affect the state. The council may issue
        S. 1738                             3

     1  comments on any proposed state and federal  legislation  or  regulations
     2  affecting  water. The council shall review and may issue comments on any
     3  recommendations of the drinking water quality council established pursu-
     4  ant  to  section  eleven  hundred thirteen of the public health law. The
     5  council shall review the list of contaminants which are tested in waters
     6  of the state and make necessary recommendations  to  the  department  of
     7  environmental  conservation,  the  department  of  health, or the United
     8  States environmental protection agency.
     9    § 4. Section 15-2905 of the environmental conservation law,  as  added
    10  by chapter 509 of the laws of 1984, is amended to read as follows:
    11  § 15-2905. Statewide  inventory  of existing significant deficiencies in
    12               water supply systems.
    13    The [commissioner, in consultation with  the  commissioner  of  health
    14  and]  chair,  utilizing information requested from the responsible local
    15  officials as well as relevant information developed through titles elev-
    16  en and thirteen of this article, shall cause to be prepared an inventory
    17  of  existing  significant  deficiencies  in  water  supply  availability
    18  throughout the state, including specific needs for improvement, rehabil-
    19  itation and establishment of water supply, distribution and transmission
    20  facilities.  Such  inventory  shall  also  identify  those  water supply
    21  systems affected or threatened by intrusions of hazardous  materials  or
    22  wastes  and  the nature of remediation required. Such inventory shall be
    23  completed and transmitted to the governor, legislature and  the  council
    24  by July first, [nineteen hundred eighty-five] two thousand twenty-two.
    25    The  [commissioner] chair in consultation with the secretary of state,
    26  shall also cause to be prepared a review and summary of existing  statu-
    27  tory and constitutional provisions relating to the provision and financ-
    28  ing  of  water  supply  facilities  by local governments, including such
    29  provision and financing through inter-local cooperation. Such review and
    30  summary shall also identify any existing  statutory  and  constitutional
    31  constraints  against  the  effective  and  efficient  provision of sound
    32  financing, on a revenue or general obligation basis, of such facilities.
    33  Such review and summary shall be completed and transmitted to the gover-
    34  nor, legislature and the council by  January  first,  [nineteen  hundred
    35  eighty-six]  two thousand twenty-three.  At such time and based upon the
    36  above inventory and review and summary, the [commissioner]  chair  shall
    37  also  cause  to  be  prepared  a compilation of those instances in which
    38  correction of existing significant deficiencies appears to be beyond the
    39  reasonable financial capabilities of the affected communities.
    40    § 5. Section 15-2907 of the environmental conservation law, as amended
    41  by chapter 214 of the laws of 1991, is amended to read as follows:
    42  § 15-2907. Water resources management strategy; development purpose.
    43    Not later than January  first,  [nineteen  hundred  eighty-seven,  the
    44  department  of environmental conservation, with the participation of the
    45  department of health] two  thousand  twenty-four,  the  water  resources
    46  planning council, with the participation of all voting members and when-
    47  ever  possible,  [regional  planning  and development boards] non-voting
    48  regional members, shall develop and [submit] adopt a [complete]  compre-
    49  hensive  statewide  water  resources  management  strategy [to the water
    50  resources planning council for its  review  and  adoption].  [This]  The
    51  water  resources management strategy shall be composed of substate water
    52  resources management strategies which recognize the  natural  boundaries
    53  of  the  water  resource  basins,  watersheds, and aquifers and existing
    54  significant deficiencies of water supply, and which  organize  these  in
    55  the most practical and manageable manner. Each substate management stra-
    56  tegy shall analyze the present and future demographic, natural resource,
        S. 1738                             4

     1  economic  development,  water  quality, and conservation requirements of
     2  public and private water systems and develop regional management strate-
     3  gies to meet the water resources requirements of  residential,  agricul-
     4  tural,  industrial  and  commercial  users as well as assure the highest
     5  possible quality and quantity of these resources.
     6    Strategies shall analyze the efficiency and capacity of existing water
     7  supply sources and facilities  and  shall  contain  recommendations  for
     8  appropriate  modifications, restoration, and expansion or development of
     9  new sources or facilities. Such strategies  shall  also  include  evalu-
    10  ations  and recommendations as to the feasibility of including or remov-
    11  ing hydroelectric energy generation facilities as part of the  modifica-
    12  tions,  restoration,  and  expansion  or  development of new or existing
    13  resources or facilities and/or returning rivers  and  streams  to  their
    14  natural  flow. The strategy shall also contain recommendations regarding
    15  implementation of these strategies by  the  department  of  health,  the
    16  department  of environmental conservation, other appropriate state agen-
    17  cies, local governments and  special  districts.  Where  necessary,  the
    18  strategy  shall  include  review  and assessment of all interstate water
    19  management agreements or agreements with  municipalities.  In  addition,
    20  the  departments  shall  submit  to the council substate water resources
    21  management strategies as soon as  such  strategies  are  developed.  The
    22  departments  shall  also report regularly to the council on the develop-
    23  ment of the strategies and receive  the  council's  recommendations  and
    24  directions.  [Such  substate]  The  statewide water resources management
    25  strategy shall be made available to the public on the council's  website
    26  and  submitted  to  the  legislature  within  two weeks of its adoption.
    27  Substate strategies shall also be available [for  public  inspection  as
    28  soon  as]  to  the public on each department's and the council's website
    29  within two weeks of the submission of such strategies [are developed] to
    30  the council.
    31    § 6. Section 15-2909 of the environmental conservation law,  as  added
    32  by chapter 509 of the laws of 1984, is amended to read as follows:
    33  § 15-2909. Water resources management strategy; hearings.
    34    Upon [receipt] adoption of the comprehensive statewide water resources
    35  management  strategy [from the department of environmental conservation]
    36  by the water resources planning  council,  the  council  shall  promptly
    37  publish once a week for three consecutive weeks in newspapers of general
    38  circulation  and post on the council's website notice of public hearings
    39  thereon. Public hearings shall be conducted in  each  of  the  [substate
    40  areas]  regions  represented [in the statewide strategy] by a non-voting
    41  member of the council, and  shall  be  in  accordance  with  regulations
    42  adopted  by  the  [department,  subject to modification by the] council.
    43  Such regulations shall, at a minimum, require a hearing  on  the  record
    44  with  sworn  witnesses  and shall afford interested parties a reasonable
    45  opportunity to sponsor witnesses and to question witnesses sponsored  by
    46  others, including department staff, consistent with the need to conclude
    47  the  hearings  expeditiously  so that a state water resources management
    48  strategy can be adopted in a timely manner. The hearings  shall  not  be
    49  considered part of an adjudicatory proceeding, as defined in subdivision
    50  three  of  section one hundred two of the state administrative procedure
    51  act, or as part of a rule-making proceeding held under  subdivision  one
    52  of section two hundred two of such act.
    53    §  7.  Section 15-2911 of the environmental conservation law, as added
    54  by chapter 509 of the laws of 1984, is amended to read as follows:
    55  § 15-2911. Water resources management strategy; approval.
        S. 1738                             5

     1    The water resources planning council shall, as expeditiously as  prac-
     2  ticable  following  the conclusion of its hearings, but in no case later
     3  than January first, [nineteen hundred eighty-eight] two  thousand  twen-
     4  ty-four, [determine] adopt, based on the record, [whether] the statewide
     5  water  resources management strategy [should be approved] with modifica-
     6  tions [or disapproved, and shall state in writing the  reasons  for  its
     7  determination],  if  any,  based  on  the  testimony  and public hearing
     8  record. [If the council has determined approval of the] The strategy  [,
     9  it] adopted by the council shall be adopted by the departments of health
    10  and  environmental conservation and other appropriate state agencies [in
    11  the form determined by the council. If the council has determined disap-
    12  proval of the strategy, the department of environmental conservation, in
    13  conjunction with the department of health, shall modify the strategy  in
    14  accordance with the determination issued by the council and resubmit the
    15  strategy to the council for its action].
    16    §  8.  Section 15-2913 of the environmental conservation law, as added
    17  by chapter 509 of the laws of 1984, is amended to read as follows:
    18  § 15-2913. Water resources management strategy; revision.
    19    From time to time and at least  once  every  [two  years]  year,  [the
    20  department  of environmental conservation, with the participation of the
    21  department of health] the water resources planning council, with partic-
    22  ipation of all voting members and whenever possible, [regional  planning
    23  and  development  boards]  non-voting regional members, shall review the
    24  strategy and shall either (a) prepare any amendments necessary to update
    25  the strategy, or (b) issue a determination that no amendments are neces-
    26  sary and the reasons supporting the determination. Any interested person
    27  may seek such a review upon written application to  the  [department  of
    28  environmental  conservation]  council  for an amendment to the statewide
    29  water resources  management  strategy.  [Any  statement  issued  by  the
    30  departments  that  no amendments are necessary shall be submitted to the
    31  council for approval, modification or disapproval.] Amendments shall  be
    32  adopted  in  the same manner as the strategy itself. Every four years, a
    33  new comprehensive  statewide  resources  management  strategy  shall  be
    34  developed  and  adopted  by  the water resources planning council as set
    35  forth herein.
    36    § 9. The environmental conservation law is amended  by  adding  a  new
    37  section 15-2915 to read as follows:
    38  § 15-2915. Report to legislature and governor.
    39    From  time  to  time,  but  not  less  than  once each year, the water
    40  resources planning council shall submit a report to  the  governor,  the
    41  majority  leader  of  the  senate and the speaker of the assembly on the
    42  status and quality of the water resources of the state. When  requested,
    43  the  water  commissioner shall represent and provide testimony on behalf
    44  of the water resources planning council before the senate and assembly.
    45    § 10. This act shall take effect immediately.