Bill Text: NY S02429 | 2009-2010 | General Assembly | Amended

New York Senate Bill 2429 (Prior Session Legislation)

Amended

Bill Title: Relates to farm pond dams; defines farm pond dams as dams principally installed to enhance agricultural, environmental and conservation benefits on farms.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2010-01-29 - PRINT NUMBER 2429A [S02429 Detail]

Download: New_York-2009-S02429-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2429--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 20, 2009
                                      ___________
       Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Agriculture -- recommitted
         to the Committee on Agriculture in accordance with Senate Rule 6, sec.
         8 -- committee discharged, bill amended, ordered reprinted as  amended
         and recommitted to said committee
       AN  ACT  to  amend the agriculture and markets law and the environmental
         conservation law, in relation to farm pond dams
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 16 of the agriculture and markets law is amended by
    2  adding a new subdivision 45 to read as follows:
    3    45.  DEVELOP  GUIDELINES  AND BEST MANAGEMENT PRACTICES IN CONJUNCTION
    4  WITH THE STATE SOIL AND WATER CONSERVATION COMMITTEE FOR THE CLASSIFICA-
    5  TION, OPERATION AND MAINTENANCE OF FARM POND DAMS.
    6    S 2. Subdivision 7 of section 15-0107 of the  environmental  conserva-
    7  tion law is renumbered subdivision 8 and a new subdivision 7 is added to
    8  read as follows:
    9    7.  "FARM  POND  DAM"  SHALL MEAN THOSE DAMS MEETING GUIDELINES ESTAB-
   10  LISHED BY THE NEW YORK  STATE  SOIL  AND  WATER  CONSERVATION  COMMITTEE
   11  PURSUANT  TO  SECTION  SIXTEEN  OF  THE  AGRICULTURE AND MARKETS LAW AND
   12  INSTALLED TO PRINCIPALLY ENHANCE AGRICULTURAL, ENVIRONMENTAL AND CONSER-
   13  VATION BENEFITS ON FARMS.
   14    S 3. Subdivision 3 of section 15-0503 of the  environmental  conserva-
   15  tion  law,  as amended by chapter 364 of the laws of 1999, is amended to
   16  read as follows:
   17    3. The requirement of a permit pursuant  to  this  section  shall  not
   18  apply to the following facilities:
   19    a.  A  dock,  pier,  wharf or other structure used solely as a landing
   20  place on water providing dockage for five or fewer boats and  encompass-
   21  ing  within  its  outer perimeter an area less than four thousand square
   22  feet;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02358-03-0
       S. 2429--A                          2
    1    b. A mooring facility providing mooring for fewer than ten boats;
    2    c. Seasonal replacement or reinstallation of structures referenced and
    3  listed  in  paragraph b of subdivision 1 of this section installed prior
    4  to the effective date of this paragraph[.];
    5    D. FARM POND DAMS AS DEFINED IN SUBDIVISION 7 OF  SECTION  15-0107  OF
    6  THIS ARTICLE.
    7    S  4. Section 15-0507 of the environmental conservation law is amended
    8  by adding a new subdivision 7 to read as follows:
    9    7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
   10  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO FARM POND DAMS AS DEFINED
   11  IN SECTION 15-0107 OF THIS ARTICLE.
   12    S 5. This act shall take effect immediately.