Bill Text: NY S03077 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO AGRICULTURE [S03077 Detail]

Download: New_York-2015-S03077-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3077
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2015
                                      ___________
       Introduced  by  Sens.  YOUNG,  GALLIVAN,  RANZENHOFER  -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Agriculture
       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 DEPARTMENT OF AGRICULTURE AND MARKETS PURSUANT TO  SECTION
   11  SIXTEEN  OF THE AGRICULTURE AND MARKETS LAW AND INSTALLED TO PRINCIPALLY
   12  ENHANCE AGRICULTURAL, ENVIRONMENTAL AND CONSERVATION BENEFITS ON FARMS.
   13    S 3. Subdivision 3 of section 15-0503 of the  environmental  conserva-
   14  tion  law,  as amended by chapter 364 of the laws of 1999, is amended to
   15  read as follows:
   16    3. The requirement of a permit pursuant  to  this  section  shall  not
   17  apply to the following facilities:
   18    a.  A  dock,  pier,  wharf or other structure used solely as a landing
   19  place on water providing dockage for five or fewer boats and  encompass-
   20  ing  within  its  outer perimeter an area less than four thousand square
   21  feet;
   22    b. A mooring facility providing mooring for fewer than ten boats;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01534-01-5
       S. 3077                             2
    1    c. Seasonal replacement or reinstallation of structures referenced and
    2  listed in paragraph b of subdivision 1 of this section  installed  prior
    3  to the effective date of this paragraph[.];
    4    D. FARM POND DAMS.
    5    S  4. Section 15-0507 of the environmental conservation law is amended
    6  by adding a new subdivision 7 to read as follows:
    7    7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
    8  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FARM POND DAMS.
    9    S 5. This act shall take effect immediately.