What's happening
This bill restricts effluent limitation exceptions in certain Long Island areas and requires wastewater projects to consider regional planning for state aid.
Why it matters
Tighter restrictions on pollution exceptions in Nassau and Suffolk counties mean local governments and developers will have less flexibility in how much treated wastewater they can release, aiming to better protect sensitive groundwater and marine environments.
By requiring that state-aided wastewater projects consider county-wide or regional planning, the bill pushes for more coordinated, long-term solutions rather than isolated, piecemeal upgrades—potentially leading to more efficient infrastructure and broader environmental benefits.
The amendments specifically prioritize the protection of drinking water supplies and fragile coastal waters in Long Island, which face increasing threats from population growth, climate change, and nitrogen pollution.
The new criteria for state aid could affect which local projects receive funding, encouraging municipalities to collaborate and align with regional strategies rather than pursuing individual interests.
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Who cares
Nassau and Suffolk wastewater dischargers
The bill would bar exceptions allowing weaker effluent limits where discharges would affect marine waters within ten years.
Dischargers in designated special groundwater protection areas
The bill would prohibit exceptions allowing weaker effluent limits in these areas.
Applicants for water pollution control revolving fund aid
Projects would have to consider county-wide or regional wastewater planning for eligibility, and assessments of environmental significance would weigh how well projects reflect that planning.
New York State Department of Environmental Conservation
The bill would restrict its authority to allow weaker effluent limits and add wastewater planning considerations to its project eligibility and assessment criteria.
Headline styles
Limit Sewage Discharge Loopholes
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to rules
- Delivered to senate
- Passed assembly
- Ordered to third reading rules cal.311
- Rules report cal.311
- Reported
- Reported referred to rules
- Referred to ways and means
- Print number 8124a
- Amend and recommit to ways and means
- Reported referred to ways and means
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Stricter Sewage Rules for LI
In Senate Committee · Environmental Conservation · Sponsor Jim Gaughran
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8124--A
2019-2020 Regular Sessions
IN ASSEMBLY
June 3, 2019
Introduced by M. of A. ENGLEBRIGHT, D'URSO, LAVINE -- read once and referred to the Committee on Environmental Conservation -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 17-0809 of the environmental conservation law, as added by chapter 360 of the laws of 1988, is amended to read as follows:
3. Notwithstanding any other provision of this article, when effluent limitations are established they must be at least as stringent as the effluent limitations previously required unless the commissioner determines, through regulation, that an exception is warranted as provided in section 303(d) and 402(o) of the Federal Water Pollution Control Act (33 U.S.C. sections 1313(d) and 1342(o)) as amended by the Water Quality Act of 1987; provided, however, no such exceptions may be determined to be warranted in special groundwater protection areas designated pursuant to article fifty-five of this chapter or in Nassau or Suffolk counties where such discharges will impact marine waters within ten years or less.
§ 2. Item (e) of subparagraph (ii) of paragraph d of subdivision 1 of section 17-1909 of the environmental conservation law, as amended by chapter 355 of the laws of 2014, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13086-03-9
A. 8124--A 2
(e) conforms with applicable rules and regulations of the department, including a demonstration that design and construction consider future physical climate risk due to sea level rise, and/or storm surges and/or flooding, based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable; and
(f) includes consideration of county-wide or regional wastewater planning.
§ 3. Paragraph a of subdivision 2 of section 17-1909 of the environmental conservation law, as amended by chapter 262 of the laws of 2007, is amended to read as follows:
a. The environmental significance of such potentially eligible projects which shall include, but need not be limited to, an assessment of (i) public health and safety; (ii) protection of environmental resources; (iii) population affected; (iv) attainment of state water quality goals and standards; [and] (v) compliance with state and federal law, rules and regulations; and (vi) the extent to which such projects reflect county-wide or regional wastewater planning;
§ 4. This act shall take effect immediately and shall apply to all permits issued after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.