Bill Text: NY S04405 | 2025-2026 | General Assembly | Introduced
Bill Title: Establishes the public water justice act; prohibits sale of waters of the state unless otherwise specifically authorized; establishes a public water justice fund for royalties and fees collected from persons or entities authorized to sell waters of the state.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-04 - REFERRED TO ENVIRONMENTAL CONSERVATION [S04405 Detail]
Download: New_York-2025-S04405-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4405 2025-2026 Regular Sessions IN SENATE February 4, 2025 ___________ Introduced by Sen. MAY -- 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 and the state finance law, in relation to establishing the public water justice act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "public 2 water justice act". 3 § 2. Legislative findings and intent. The legislature hereby finds 4 that: 5 1. The waters of the state are held by the state as sovereign and in 6 public trust for the benefit of the people of the state of New York. 7 2. As trustee, the state of New York shall protect and sustain the 8 integrity of flows, levels, and quality of water, fish and aquatic habi- 9 tat for the use and enjoyment by citizens now and in the future. 10 3. As trustee, and based on the paramount public interest in the 11 waters of the state and public health of its citizens, the state shall 12 provide for and protect the right of access to safe drinking water, 13 water sources, public water supply, public waterworks and infrastruc- 14 ture, public health, and fishing, navigation, recreation, conservation, 15 and the reasonable use of water in connection with the ownership or 16 lawful occupancy of land, not limited to domestic, agricultural, commer- 17 cial, industrial and public utility uses. 18 § 3. Section 15-0109 of the environmental conservation law is amended 19 to read as follows: 20 § 15-0109. General jurisdiction. 21 The department shall exercise its powers and perform its duties in any 22 matter affecting the construction of improvements to or developments of 23 water resources for the public health, safety or welfare, including but 24 not limited to the supply of potable waters for the various munici- 25 palities and inhabitants thereof, the use of water for industrial, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08602-01-5S. 4405 2 1 commercial, and agricultural operations, the developed and undeveloped 2 water power of the state, the facilitation of proper drainage and the 3 regulation of flow and improvement of the rivers of the state. 4 § 4. Subdivisions 13 and 16 of section 15-1502 of the environmental 5 conservation law, as added by chapter 401 of the laws of 2011, are 6 amended and fifteen new subdivisions 17, 18, 19, 20, 21, 22, 23, 24, 25, 7 26, 27, 28, 29, 30 and 31 are added to read as follows: 8 13. "Public water supply system" shall mean a permanently installed 9 water withdrawal system including its source, collection, pumping, 10 treatment, transmission, storage and distribution facilities used in 11 connection with such system, which provides piped potable water to the 12 public for potable purposes, if such system has at least five service 13 connections used by year-round residents, a system that consists solely 14 of customer site piping. 15 16. "Withdrawal" or "withdrawal of water" shall mean the removal or 16 taking of water for any purpose from the waters of the state, including 17 surface water or ground water. 18 17. "Affordability" means measures or other assistance to assure equal 19 access to adequate clean, safe water and sanitation, without discrimi- 20 nation, interference or inequitable or unjust termination of the right 21 of access to water by any person or household of persons with insuffi- 22 cient income from hardship or disability to pay the full rate or price 23 for access to a minimum water supply to protect health and sanitation 24 for their dwelling. 25 18. "Applicant" means a person, corporation, or other organization or 26 entity applying for a license under this section for the sale of bottled 27 water. 28 19. "Customer service connection" means the pipe between a water main 29 and customer site piping or building plumbing system. 30 20. "Customer site piping" means an underground piping system owned or 31 controlled by a customer that conveys water from such customer's custom- 32 er service connection to building plumbing systems and other points of 33 use on lands owned or controlled by such customer. "Customer site 34 piping" shall not include any system that incorporates treatment to 35 protect public health. 36 21. "Disadvantaged community" shall mean such communities as identi- 37 fied pursuant to section 75-0111 of this chapter. 38 22. "Diversion" means the transfer of water by any means, including in 39 a container intended for an immediate or end-use consumer from its 40 source in one lake or watershed to another lake or watershed. 41 23. "Permittee" means the holder of a license under section 15-1503 of 42 this title. 43 24. "Royalty fee" means compensation to the state for the authori- 44 zation of a permit to allow a withdrawal, diversion or transfer by any 45 person from the sovereign waters of the state for the purpose of produc- 46 ing and packaging water for the sale of bottled water under subdivision 47 two-a of section 15-1503 of this title. 48 25. "Sale of water" means the production, packaging or delivery of 49 water from a water source or public water supply system in containers or 50 by any other means in exchange for money or other consideration. 51 26. "Sale of bottled water" means water withdrawn from a water source 52 or public water supply system and transferred or diverted to a plant or 53 other facility for the sale of water in a container or package of not 54 more than 5.7 gallons. 55 27. "Spring water" means spring water as defined in 21 C.F.R. 165.110 56 for bottled water.S. 4405 3 1 28. "Watershed" means the watershed of primary rivers and the sub-wat- 2 ersheds of their tributary streams and creeks. 3 29. "Water main" means a pipe owned or controlled by a supplier that 4 may convey water to a customer service connection or to a fire hydrant. 5 30. "Waters of the state" means groundwater, lakes, rivers, and 6 streams and all other watercourses and waters, including the Great 7 Lakes, within the territorial boundaries of the state, and shall include 8 water withdrawn from the waters of the state and delivered through 9 public water supply systems. Waters of the state shall not include 10 drainage ways and ponds designed and constructed solely for wastewater 11 conveyance, treatment, or control. 12 31. "Public water justice fund" means such fund established pursuant 13 to section ninety-nine-ss of the state finance law. 14 § 5. Section 15-1503 of the environmental conservation law is amended 15 by adding a new subdivision 2-a to read as follows: 16 2-a. Where an applicant for a permit under this section is seeking 17 such permit for the purposes of withdrawing, taking, removing, divert- 18 ing, and/or transferring from the waters of the state for the sale of 19 bottled water the provisions of this subdivision shall apply. 20 a. The department shall not issue a permit pursuant to this section to 21 a person or entity who proposes to engage in the sale of bottled water 22 unless all of the following conditions are met: 23 i. Before issuance of such permit, the department shall provide writ- 24 ten notice of the application for such permit with conditions and 25 proposed royalty fees as provided in paragraph b of this subdivision, at 26 least sixty days prior to such approval: to any local unit of govern- 27 ment, any public water supply system district, authority or department, 28 any recognized tribal sovereign government, and to the applicant; to be 29 published in a prominent newspaper with general circulation in the 30 locale of the water source or supply; and to be posted on the depart- 31 ment's website in a conspicuous manner. The department may on its own 32 or upon request of an interested person provide for a public hearing, 33 which shall be given the same public notice as provided in this subpara- 34 graph. Such public notice shall provide at least a forty-five day 35 comment period before issuance of the permit. Upon request of a local 36 unit of government or recognized tribal sovereign government in which 37 the water source or supply is located, the department shall meet and 38 consult with the local unit of government or tribe not less than fifteen 39 days before issuance of the permit. 40 ii. Before approval and issuance of the permit, the department shall 41 evaluate, assure, and duly establish that all of the following are met: 42 (A) The applicant has complied with the provisions of this section; 43 (B) The applicant has shown, based on clause (A) of this subparagraph 44 and all other available information, including public notice, hearing, 45 participation and comments or consultation with local government, sover- 46 eign tribes recognized by treaty with the federal government or other 47 interested persons as required by subparagraph i of this paragraph, that 48 the diversion, withdrawal and/or transfer of the waters of the state for 49 the sale of bottled water is substantially in the public interest and 50 shall not impair the public trust and public health, safety, and 51 welfare; 52 (C) The applicant has complied with the application and royalty fees 53 required by paragraph b of this subdivision; 54 (D) Any conditions the department shall have required as a condition 55 for issuance of the permit for the protection and promotion of theS. 4405 4 1 waters of the state, public trust in such waters, and the public health, 2 safety, and welfare of citizens and local community. 3 b. i. Before processing an application for a permit under this section 4 for the purposes of withdrawing, taking, removing, diverting, and/or 5 transferring from the waters of the state for the sale of bottled water, 6 an applicant shall pay an application fee of five hundred dollars and a 7 fee of five thousand dollars or more as determined by the department for 8 reimbursement of the department's expenses for processing and evaluating 9 such application. 10 ii. A permittee shall pay a royalty fee for the right to divert, with- 11 draw, remove and/or transfer the sovereign waters of the state or public 12 water supply system for purposes of the sale of bottled water in accord- 13 ance with the following: 14 (A) The permittee shall pay a royalty fee of not less than twenty-five 15 cents per gallon for the right to withdraw, take and/or transfer the 16 waters of the state for the sale of bottled water. Subject to public 17 notice, hearing and comment as provided for in paragraph a of this 18 subdivision, the department may promulgate a higher fee per gallon based 19 on a reasonable evaluation and determination of fair and adequate 20 economic value for the right of sale of bottled water from the waters of 21 the state. 22 (B) The permittee shall file on the first day of each month, beginning 23 thirty days after the date of the issuance of the permit, a written 24 summary and report, with supporting data and information, the total 25 volume of water withdrawn. The permittee shall pay the royalty fee 26 required by clause (A) of this subparagraph on a quarterly basis, begin- 27 ning with the first day of the quarter of the year after the date of the 28 approval and issuance of the permit. The department may impose a late 29 fee according to a schedule of fees, payment, or interest established by 30 the department pursuant to rules promulgated by the department. 31 iii. The department shall deposit the royalty fee collected from each 32 permittee pursuant to subparagraph ii of this paragraph into the public 33 water justice fund in accordance with all applicable laws and regu- 34 lations. 35 iv. The department's expenses, including all reasonable expenses 36 related to collection and management of fees under this subdivision, 37 shall be paid and a net royalty fee payment made to the public water 38 justice fund on a quarterly basis, beginning with the third quarter 39 after the effective date of this subdivision or the issuance of the 40 first permit under this subdivision, whichever occurs first. 41 v. Where the water is from a water source that is from the waters of 42 the state, the net proceeds from each permittee shall be deposited in 43 the public water justice fund. 44 vi. Where the water is from a public water supply system or water- 45 works, which withdraws and distributes the waters of the state as a 46 public service within its lawful territory, the net proceeds from each 47 permittee shall be deposited in the public water justice fund, and the 48 department shall allocate an amount up to twenty-five percent of the net 49 proceeds of the public water justice fund in any calendar year to public 50 water supply systems, from which the water is withdrawn, taken, diverted 51 and/or transferred for the purpose of the sale of bottled water. 52 vii. For the purposes of this subdivision, the term "net proceeds" 53 shall mean net proceeds from royalties under this subdivision, minus 54 costs and expenses. 55 c. i. In addition to all other requirements of this section, a person 56 or other entity shall not be permitted to withdraw and transfer moreS. 4405 5 1 than fifty thousand gallons a day for the sale of bottled water as 2 spring water unless it is established by the permittee and determined by 3 the department that: 4 (A) there is sufficient existing actual data and information that 5 characterizes to the fullest extent possible the hydrological and 6 geological conditions required to accurately measure and calculate the 7 effect on the flows, levels and other physical conditions of the ground- 8 water, springs, wetlands, creeks, streams, lakes or ponds that have a 9 direct hydrological connection to the spring water source; and 10 (B) based on the actual data and information established under clause 11 (A) of this subparagraph, the withdrawal and transfer of spring water 12 shall not measurably diminish and impair the flow, level and other phys- 13 ical parameters of the wetlands, creeks, streams, lakes or ponds, fish 14 and other wildlife and plant habitat or the public trust in such 15 features, wildlife and habitat. 16 ii. Any decision or determination required by this subdivision shall 17 take into account and be conditioned on the potential for, or occur- 18 rences of, increased intensity and frequency of weather events due to 19 changes in climate. 20 § 6. The environmental conservation law is amended by adding a new 21 section 15-1508 to read as follows: 22 § 15-1508. Use of public water justice funds. 23 The department shall direct the administration of the public water 24 justice fund in accordance with the provisions of subparagraph vi of 25 paragraph b of subdivision two-a of section 15-1503 of this title and 26 section ninety-nine-ss of the state finance law. In directing the 27 administration of such fund, the department shall consult with public 28 water authorities in the state including local water districts and water 29 agencies, as well as environmental justice groups and other environ- 30 mental justice experts as determined appropriate by the department. 31 § 7. The state finance law is amended by adding a new section 99-ss to 32 read as follows: 33 § 99-ss. Public water justice fund. 1. There is hereby established in 34 the joint custody of the state comptroller and the commissioner of taxa- 35 tion and finance a special fund to be known as the "public water justice 36 fund". 37 2. Such fund shall consist of all revenues received by the state, 38 pursuant to the provisions of subdivision two-a of section 15-1503 of 39 the environmental conservation law, including but not limited to all 40 bonuses, rentals, delayed rentals, royalties, penalties or fines for 41 non-compliance collected by, or reserved by, the state under the 42 licenses for the sale of bottled water established pursuant to such 43 title. 44 3. (a) The moneys in such fund shall be expended for the following 45 purposes: 46 (i) assistance for water affordability plans or other measures, 47 including income affordability, assured low-cost minimum water use and 48 conservation, innovative pricing, rates, tiers of water use and conser- 49 vation, to assure equitable and affordable access to clean, safe water 50 and sanitation; 51 (ii) protection, conservation, efficiency, sustainability and cleanup 52 to assure safe, clean and adequate groundwater and surface water sources 53 for drinking water and water supplies within the state, including but 54 not limited to, new technologies, green infrastructure and enhanced 55 resiliency and adaptability to predict extreme weather events or climat- 56 ic changes;S. 4405 6 1 (iii) protection of public health and individual health needs directly 2 related to investigation, medical examination and water quality and 3 medical monitoring; and 4 (iv) repair, improvement or replacement of any line that is determined 5 to be a health risk to those who occupy any single or multi-family resi- 6 dential dwelling unit that connects to the public water main or pipeline 7 system. 8 (b) Any interested municipal public water supply department, district, 9 authority, or local government, or any person who lives within the 10 territory or is served by a public water supply system may apply for a 11 grant for one or more of the dedicated purposes of the public water 12 justice fund under this section. The application, process, public 13 notice, meetings, and decisions shall be processed by the department. 14 The department shall apportion and allocate the grants of available 15 funds in any given hearing in a fair and proportionate manner among 16 applicants that in the discretion of the department best meets the 17 intent and dedicated purposes of title fifteen of article fifteen of the 18 environmental conservation law and any rules or regulations promulgated 19 thereto; except that there shall be a preference for at least thirty- 20 five percent of the funds to be distributed to disadvantaged communi- 21 ties. 22 § 8. This act shall take effect on the one hundred eightieth day after 23 it shall have become a law. Effective immediately, the addition, amend- 24 ment and/or repeal of any rule or regulation necessary for the implemen- 25 tation of this act on its effective date are authorized to be made and 26 completed on or before such effective date.
