Relates to the implementation of water withdrawal permits

10 Co-sponsors

• Ellen C. Jaffee
• Albert A. Stirpe
• Harvey Weisenberg
• Robert Reilly
• William Colton
• David Koon
• Donna Lupardo
• Michelle Schimel
• Barbara Lifton
• Linda Rosenthal

4 Multi-sponsors

• Robert Castelli
• Ginny Fields
• Deborah Glick
• Daniel O'Donnell

BILL NUMBER:A8806

Title of bill

An act to amend the environmental conservation law, in relation to water withdrawal reporting and water withdrawal permits

Purpose

The purpose of this bill is to establish a water permitting process to allow the Department of Environmental Conservation to better regulate the use of the State's water resources.

Summary of provisions

Section 1 amends §15-3301 of the Environmental Conservation Law to decrease the quantity, from one hundred thousand gallons to fifty thousand gallons, at which a person withdrawing ground- water or surface-water is required to file a report with the Department of Environmental Conservation (DEC).

Section two establishes the criteria and cost of the water withdrawal permits and clarifies the type of withdrawals that would not be subject to permitting:

* Beginning September 1, 2010, no person or entity shall undertake any new action to withdraw, or contribute to the withdrawal, of more than 100,000 gallons of water without having first obtained a water with- drawal permit from DEC.

* Beginning September 1, 2013 no person or entity shall withdraw, or contribute to the withdrawal, of more than 100,000 gallons of water without having first obtained a water withdrawal permit from the DEC.

* Permits would be valid for five years from the date of issuance, and will cost the following:

o $1,000 for withdrawals of 100,000 or more gallons a day

o $2,000 for withdrawals of 250,000 or more gallons a day

o $3,000 for withdrawals of 500,000 or more gallons a day

o $4,000 for withdrawals of 750,000 or more gallons a day

o $5,000 for withdrawals of 1,000,000 or more gallons a day

* Withdrawals, including fire and emergency response, domestic residen- tial use, agricultural withdrawals, geothermal heat pumps and reclaimed wastewater would be exempt

* Permit applications shall only be approved by DEC if they meet certain criteria, including consideration of natural resources impact, existing users, water quality and consistency with water conservation goals.

Section three of the bill directs DEC to adopt rules and regulations that establish water use standards for maintaining in-stream flows that

protect aquatic life, and identify water sheds at risk from cumulative use. Section four contains the effective date.

Justification

Every New Yorker has the right to safe, clean, suffi- cient and affordable water and the State has an obligation to protect its ground and surface water resources for the long-term benefit of its people. In addition, the State needs to ensure that adequate water flows and levels to protect fish, wildlife and other natural resources are maintained, safeguard and enhance opportunities for recreational use, and protect existing private water users dependent upon surface water flows.

In establishing the permitting process contained in the bill, the Legis- lature is granting the Department of Environmental Conservation (DEC) the authority to regulate water uses so that the agency can adequately prepare for future impacts and protect valuable water resources. As water resources worldwide become increasingly scarce, water management planning becomes even more important. At least 27 other states have water withdrawal laws, including many of New York's neighbors. This legislation would provide additional information and oversight to help ensure that the Department of Environmental Conservation has the tools needed to manage this precious resource.

Legislative history

This is new legislation.

Fiscal implications

To be determined. This legislation will result in an increase in revenue to the Environmental Protection Fund.

Effective date

This act shall take effect immediately.