Regulates farm pond dams

2 Co-sponsors

• Patrick M. Gallivan
• Michael H. Ranzenhofer

BILL NUMBER:S3077

Title of bill

An act to amend the agriculture and markets law and the environmental conservation law, in relation to farm pond dams

Purpose of bill

To amend the agriculture and markets law, the environmental conservation law to remove farm pond dams from required monitoring by the DEC and give the responsibility by the state soil and water conservation committee for development of guidelines and best management practices for the classification, operation and maintenance of farm pond dams.

Summary of provisions

Section 1 amends Section 16 of the agriculture and markets law by adding a new subdivision 45 to add farm pond dams to the oversight of the state soil and water conservation committee.

Section 2 amends section 15-0107 of the environmental conservation law by adding a new subdivision 7 to define "farm pond dam."

Section 3 amends subdivision 3 of section 15-0503 of the environmental conservation law by adding a new paragraph d to exclude farm pond dams from DEC oversight.

Section 4 amends the section 15-0507 of the environmental conservation law by adding a new subdivision 7 stating that the provision of this section shall not apply to farm pond dams as defined in section 15-0107 of this article.

Section 5 provides that this act shall take effect immediately.

Justification

Ponds play an important role on many New York State farms. They provide a source of water for farm crop and livestock needs in times of drought, as well as provide many conservation benefits, such as ecosystem enhancement, to New York's environment. These ponds (and the dams that contain them) pose little risk to public safety. In the very rare circumstance where they would experience an issue, the small amount of water and remote location of the ponds would limit any damage. Rather than require DEC to monitor these low risk farm ponds, the NYS Soil & Water Conservation Committee, which continually works with farmers, is much better suited to efficiently help farmers maintain farm ponds.

Legislative history

2014: S.2621/A.1487 Passed Senate 2013: S.2621/A.1487 Committed to Rules 2011,2012: S.791/A.5865 Passed Senate 2009,2010: S.2429-A/A.976-A Referred to Agriculture 2008: S.7564/A.10542 Passed Senate

Budget implications

The bill shifts responsibility from one department to another. The net fiscal impact of the bill would be negligent.

Effective date

This act shall take effect immediately.