Bill Text: NY S03396 | 2023-2024 | General Assembly | Introduced
Bill Title: Expands the water resources planning council; directs such council to fulfill certain duties; requires reports from the council.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S03396 Detail]
Download: New_York-2023-S03396-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3396 2023-2024 Regular Sessions IN SENATE January 31, 2023 ___________ Introduced by Sens. SKOUFIS, ADDABBO -- 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 There is hereby established within the department of environmental 6 conservation a water resources planning council. It shall consist of 7 [fifteen] seventeen voting members[, including] and eight non-voting 8 members. (a) Voting members shall include the chair, the commissioners 9 of agriculture and markets, economic development, environmental conser- 10 vation, health, transportation, human rights, the chair of the public 11 service commission, president of the New York state energy research and 12 development authority, secretary of state and seven members to be 13 appointed by the governor including at least [one member] two members 14 who shall have expertise in the science of water resources planning 15 [and], at least two members who shall have expertise in environmental 16 science and/or engineering and one member [selected from a list proposed17by public interest or environmental citizens organizations] who shall 18 have expertise in environmental justice. These seven members appointed 19 by the governor shall serve terms of [four] five years each. Two of the 20 members appointed by the governor shall be appointed upon the recommen- 21 dation of the majority leader of the senate and two of the members 22 appointed by the governor shall be appointed upon the recommendation of 23 the speaker of the assembly. [The governor shall select a chair from24among the members.] (b) Non-voting members shall represent each of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04619-01-3S. 3396 2 1 following regions: 1. New York City; 2. Long Island; 3. Lower Hudson 2 Valley; 4. Capitol Region; 5. Upper Hudson and St. Lawrence River 3 Watershed; 6. Central New York; 7. Southern Tier River basins; and 8. 4 Great Lakes Regional Watersheds. Meetings of the council shall be called 5 by the chair. Members shall receive reimbursement for expenses only. 6 § 2. Section 15-2903 of the environmental conservation law, as amended 7 by chapter 307 of the laws of 1986, is amended to read as follows: 8 § 15-2903. Water resources planning council; quorum, bylaws. 9 A majority of the voting members of the council shall constitute a 10 quorum for the transaction of any business or the exercise of any power 11 of the council. The commissioners of agriculture and markets, [commerce] 12 economic development, energy, environmental conservation, health, trans- 13 portation, human rights, the [chairman] chair of the public service 14 commission and secretary of state may, by official authority filed in 15 their respective agencies, and with the water resources planning coun- 16 cil, designate a deputy or other officer to exercise his or her powers 17 and perform his or her duties, including the right to vote, on the coun- 18 cil. The council may also establish for itself bylaws for the conduct of 19 its affairs. 20 § 3. The environmental conservation law is amended by adding a new 21 section 15-2904 to read as follows: 22 § 15-2904. Water resources planning council; duties and purpose. 23 (a) The council shall make recommendations regarding the management 24 and oversight of the water resources of the state including facilitating 25 cooperative and sustainable management of water resources to ensure that 26 all residents have access to adequate, affordable, safe drinking water 27 in perpetuity. The council shall also make recommendations to help 28 ensure the fair and equitable distribution of public water resources and 29 shall help ensure that every agency considers environmental justice 30 standards in its water-related decision making process and actions. The 31 council shall create interstate partnerships for sharing resources and 32 best practices for water management. 33 (b) The council shall review and examine all state and federal laws 34 and regulations concerning the management, use, protection, conservation 35 and provision of water which may affect the state. The council may issue 36 comments on any proposed state and federal legislation or regulations 37 affecting water. The council shall review and may issue comments on any 38 recommendations of the drinking water quality council established pursu- 39 ant to section eleven hundred thirteen of the public health law. The 40 council shall review the list of contaminants which are tested in waters 41 of the state, including in remedial programs, and may make recommenda- 42 tions to the department of environmental conservation, the department of 43 health, or the United States environmental protection agency. 44 § 4. Section 15-2905 of the environmental conservation law, as added 45 by chapter 509 of the laws of 1984, is amended to read as follows: 46 § 15-2905. Statewide inventory of existing significant deficiencies in 47 water supply systems. 48 The commissioner, in consultation with the commissioner of health and 49 the chair, utilizing information requested from the responsible local 50 officials as well as relevant information developed through titles elev- 51 en and thirteen of this article, shall cause to be prepared an inventory 52 of existing significant deficiencies in water supply availability 53 throughout the state, including specific needs for improvement, rehabil- 54 itation and establishment of water supply, distribution and transmission 55 facilities. Such inventory shall also identify those water supply 56 systems affected or threatened by intrusions of hazardous materials orS. 3396 3 1 wastes and the nature of remediation required. Such inventory shall be 2 completed and transmitted to the governor, legislature and the council 3 by July first, [nineteen hundred eighty-five] two thousand twenty-five. 4 The commissioner in consultation with the secretary of state[,] and 5 the chair, shall also cause to be prepared a review and summary of 6 existing statutory and constitutional provisions relating to the 7 provision and financing of water supply facilities by local governments, 8 including such provision and financing through inter-local cooperation. 9 Such review and summary shall also identify any existing statutory and 10 constitutional constraints against the effective and efficient provision 11 of sound financing, on a revenue or general obligation basis, of such 12 facilities. Such review and summary shall be completed and transmitted 13 to the governor, legislature and the council by January first, [nineteen14hundred eighty-six] two thousand twenty-five. At such time and based 15 upon the above inventory and review and summary, the commissioner, in 16 consultation with the chair, shall also cause to be prepared a compila- 17 tion of those instances in which correction of existing significant 18 deficiencies appears to be beyond the reasonable financial capabilities 19 of the affected communities. 20 § 5. Section 15-2907 of the environmental conservation law, as amended 21 by chapter 214 of the laws of 1991, is amended to read as follows: 22 § 15-2907. Water resources management strategy; development purpose. 23 Not later than January first, [nineteen hundred eighty-seven] two 24 thousand twenty-six, and every five years thereafter, the department of 25 environmental conservation, with the participation of the department of 26 health and whenever possible, [regional planning and development boards] 27 non-voting regional members, shall develop and submit a [complete] 28 comprehensive statewide water resources management strategy to the water 29 resources planning council for its review and adoption following public 30 hearings. [This] The water resources management strategy shall be 31 composed of substate water resources management strategies which recog- 32 nize the natural boundaries of the water resource basins, watersheds, 33 and aquifers and existing significant deficiencies of water supply, and 34 which organize these in the most practical and manageable manner. Each 35 substate management strategy shall analyze the present and future demo- 36 graphic, natural resource, economic development, water quality, and 37 conservation requirements of public and private water systems and devel- 38 op regional management strategies to meet the water resources require- 39 ments of residential, agricultural, industrial and commercial users as 40 well as assure the highest possible quality and quantity of these 41 resources. 42 Strategies shall analyze the efficiency and capacity of existing water 43 supply sources and facilities and shall contain recommendations for 44 appropriate modifications, restoration, and expansion or development of 45 new sources or facilities. Such strategies shall also include evalu- 46 ations and recommendations as to the feasibility of including or remov- 47 ing hydroelectric energy generation facilities as part of the modifica- 48 tions, restoration, and expansion or development of new or existing 49 resources or facilities and/or returning rivers and streams to their 50 natural flow. The strategy shall also contain recommendations regarding 51 implementation of these strategies by the department of health, the 52 department of environmental conservation, other appropriate state agen- 53 cies, local governments and special districts. Where appropriate, the 54 strategy shall include review and assessment of all interstate water 55 management agreements or agreements with municipalities. In addition, 56 the departments shall submit to the council substate water resourcesS. 3396 4 1 management strategies as soon as such strategies are developed. The 2 departments shall also report regularly to the council on the develop- 3 ment of the strategies and receive the council's recommendations and 4 directions. [Such substate] The statewide water resources management 5 strategy shall be made available to the public on the council's website 6 and submitted to the legislature within two weeks of its adoption. 7 Substate strategies shall also be available [for public inspection as8soon as] to the public on each department's and the council's website 9 within two weeks of the submission of such strategies [are developed] to 10 the council. 11 § 6. Section 15-2909 of the environmental conservation law, as added 12 by chapter 509 of the laws of 1984, is amended to read as follows: 13 § 15-2909. Water resources management strategy; hearings. 14 Upon [receipt] adoption of the comprehensive statewide water resources 15 management strategy [from the department of environmental conservation] 16 by the water resources planning council, the council shall promptly 17 publish once a week for three consecutive weeks in newspapers of general 18 circulation and post on the department's website notice of public hear- 19 ings thereon. Public hearings shall be conducted in each of the 20 [substate areas] regions represented [in the statewide strategy] by a 21 non-voting member of the council, and shall be in accordance with regu- 22 lations adopted by the department, subject to modification by the coun- 23 cil. Such regulations shall, at a minimum, require a hearing on the 24 record with sworn witnesses and shall afford interested parties a 25 reasonable opportunity to sponsor witnesses and to question witnesses 26 sponsored by others, including department staff, consistent with the 27 need to conclude the hearings expeditiously so that a state water 28 resources management strategy can be adopted in a timely manner. The 29 hearings shall not be considered part of an adjudicatory proceeding, as 30 defined in subdivision three of section one hundred two of the state 31 administrative procedure act, or as part of a rule-making proceeding 32 held under subdivision one of section two hundred two of such act. 33 § 7. Section 15-2911 of the environmental conservation law, as added 34 by chapter 509 of the laws of 1984, is amended to read as follows: 35 § 15-2911. Water resources management strategy; approval. 36 The water resources planning council shall, as expeditiously as prac- 37 ticable following the conclusion of its hearings, but in no case later 38 than January first, [nineteen hundred eighty-eight] two thousand twen- 39 ty-six, determine, based on the record, including public comments and 40 hearing testimony, whether the statewide water resources management 41 strategy should be approved with modifications or disapproved, and shall 42 state in writing the reasons for its determination. If the council has 43 determined approval of the strategy, it shall be adopted by the depart- 44 ments of health and environmental conservation and other appropriate 45 state agencies in the form determined by the council. If the council has 46 determined disapproval of the strategy, the department of environmental 47 conservation, in conjunction with the department of health, shall modify 48 the strategy in accordance with the determination issued by the council 49 and resubmit the strategy to the council for its action. 50 § 8. Section 15-2913 of the environmental conservation law, as added 51 by chapter 509 of the laws of 1984, is amended to read as follows: 52 § 15-2913. Water resources management strategy; revision. 53 From time to time and at least once every [two years] year, [the54department of environmental conservation, with the participation of the55department of health] the water resources planning council, with partic- 56 ipation of all voting members and whenever possible, [regional planningS. 3396 5 1and development boards] non-voting regional members, shall review the 2 strategy and shall either (a) [prepare any] recommend amendments neces- 3 sary to update the strategy, or (b) issue a determination that no amend- 4 ments are necessary and the reasons supporting the determination. Any 5 interested person may seek such a review upon written application to the 6 department of environmental conservation for an amendment to the state- 7 wide water resources management strategy. [Any statement issued by the8departments that no amendments are necessary shall be submitted to the9council for approval, modification or disapproval.] Amendments shall be 10 adopted in the same manner as the strategy itself. Every five years, a 11 new comprehensive statewide resources management strategy shall be 12 developed and adopted by the water resources planning council as set 13 forth herein. 14 § 9. The environmental conservation law is amended by adding a new 15 section 15-2915 to read as follows: 16 § 15-2915. Report to legislature and governor. 17 The water resources planning council shall annually submit a report to 18 the governor and the legislature on the status and quality of the water 19 resources of the state. 20 § 10. This act shall take effect on the ninetieth day after it shall 21 have become a law. Effective immediately, the addition, amendment 22 and/or repeal of any rule or regulation necessary for the implementation 23 of this act on its effective date are authorized to be made and 24 completed on or before such effective date.
