Bill Text: NY S07723 | 2021-2022 | General Assembly | Introduced

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Bill Title: Limits the exceptions to certain effluent limitations in Nassau and Suffolk counties; requires certain eligible projects for state aid involving water pollution control revolving fund agreements to take county-wide or regional wastewater planning into consideration when determining eligibility; requires best available technology to be used to reduce nitrogen pollution.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-01-24 - SIGNED CHAP.8 [S07723 Detail]

Download: New_York-2021-S07723-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7723

                    IN SENATE

                                     January 7, 2022
                                       ___________

        Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          limiting  the exceptions to certain effluent limitations in Nassau and
          Suffolk counties and requiring certain eligible projects for state aid
          involving water pollution control revolving fund  agreements  to  take
          county-wide  or  regional  wastewater planning into consideration when
          determining eligibility; and to amend a chapter of the  laws  of  2021
          amending  the  environmental conservation law relating to limiting the
          exceptions to certain effluent limitations in Nassau and Suffolk coun-
          ties and requiring certain eligible projects for state  aid  involving
          water  pollution control revolving fund agreements to take county-wide
          or regional wastewater planning into  consideration  when  determining
          eligibility,  as  proposed in legislative bills numbers S. 5022 and A.
          4637, in relation to the effectiveness thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  3  of  section  17-0809 of the environmental
     2  conservation law, as amended by a chapter of the laws of  2021  amending
     3  the  environmental  conservation law relating to limiting the exceptions
     4  to certain effluent limitations  in  Nassau  and  Suffolk  counties  and
     5  requiring  certain  eligible  projects  for  state  aid  involving water
     6  pollution control revolving  fund  agreements  to  take  county-wide  or
     7  regional  wastewater planning into consideration when determining eligi-
     8  bility, as proposed in legislative bills numbers S. 5022 and A. 4637, is
     9  amended to read as follows:
    10    3. Notwithstanding any other provision of this article, when  effluent
    11  limitations  are  established  they must be at least as stringent as the
    12  effluent limitations previously required unless the commissioner  deter-
    13  mines, through regulation, that an exception is warranted as provided in
    14  section 303(d) and 402(o) of the Federal Water Pollution Control Act (33
    15  U.S.C. sections 1313(d) and 1342(o)) as amended by the Water Quality Act
    16  of  1987;  provided, however, no such exceptions may be determined to be
    17  warranted in special groundwater protection areas designated pursuant to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03770-03-2
        S. 7723                             2

     1  article fifty-five of this chapter or  in  Nassau  or  Suffolk  counties
     2  where  such  discharges  will  impact  marine waters within ten years or
     3  less.  In such areas, the best available  technology,  that  is  econom-
     4  ically  feasible  and cost effective based on an analysis that considers
     5  direct and avoided economic and environmental costs,  shall  be  applied
     6  with special emphasis on reducing nitrogen pollution.
     7    §  2. Section 4 of a chapter of the laws of 2021 amending the environ-
     8  mental conservation law relating to limiting the exceptions  to  certain
     9  effluent  limitations  in  Nassau  and  Suffolk  counties  and requiring
    10  certain eligible  projects  for  state  aid  involving  water  pollution
    11  control revolving fund agreements to take county-wide or regional waste-
    12  water  planning  into  consideration  when  determining  eligibility, as
    13  proposed in legislative bills numbers S. 5022 and A. 4637, os amended to
    14  read as follows:
    15    § 4. This act shall take effect [immediately]  on  the  ninetieth  day
    16  after  it  shall have become a law and shall apply to all permits issued
    17  after such date.
    18    § 3. This act shall take effect immediately; provided,  however,  that
    19  section  one  of  this act shall take effect on the same date and in the
    20  same manner as a chapter of the laws of 2021 amending the  environmental
    21  conservation law relating to limiting the exceptions to certain effluent
    22  limitations  in Nassau and Suffolk counties and requiring certain eligi-
    23  ble projects for state aid involving water pollution  control  revolving
    24  fund agreements to take county-wide or regional wastewater planning into
    25  consideration  when  determining eligibility, as proposed in legislative
    26  bills numbers S. 5022 and A. 4637, takes effect.