What's happening
The bill restricts effluent limitation exceptions in Nassau and Suffolk counties and requires wastewater projects to consider regional planning.
Why it matters
Tightens environmental protections for Nassau and Suffolk counties by disallowing exceptions to effluent (wastewater) limits in areas with sensitive groundwater or where discharges could reach marine waters within 10 years. this could prevent more pollution from reaching local water resources and coastal ecosystems.
Requires that any new wastewater projects seeking state funding must explicitly consider county-wide or regional wastewater planning. this encourages more comprehensive, coordinated approaches rather than isolated or piecemeal projects, potentially leading to better long-term water management.
Mandates that environmental reviews for wastewater projects include assessment of how well the project fits into larger regional plans. this could improve efficiency, reduce redundancy, and help ensure that investments align with broader water quality and resilience goals.
May impact the eligibility of certain projects for state aid. by adding new planning and environmental review requirements, which could shift priorities toward projects that demonstrate wider community or regional benefits.
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Who cares
Nassau and Suffolk wastewater discharge permit holders
The bill would bar exceptions allowing weaker effluent limits where discharges would impact marine waters within ten years or less.
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 assistance
Projects would need to consider county-wide or regional wastewater planning, and their environmental significance would be assessed partly on how well they 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 project eligibility and assessment.
Headline styles
Stricter Sewage Rules for LI
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Returned to senate
- Died in assembly
- Referred to environmental conservation
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1456
- Referred to rules
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.
Limit Sewage Discharge Loopholes
In Senate Committee · Rules · Sponsor Steven Englebright
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6384
2019-2020 Regular Sessions
IN SENATE
June 7, 2019
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
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:
(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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13086-01-9
S. 6384 2
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.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
The purpose of this bill is to protect LI water quality.
Summary of provisions
This bill would eliminate exceptions to certain effluent limitations in Nassau and Suffolk counties and require that the best available technol- ogy be used in such counties to reduce nitrogen pollution and that coun- ty-wide or regional wastewater planning be considered for such adverse environmental impacts.
Justification
Long Island is blessed with beautiful ocean harbors and good quality drinking water, all of which is derived from sole-source aquifers. As more becomes known about the adverse impacts of Nitrogen on water quali- ty, additional steps need to be taken to protect these important water resources. This legislation will help advance that goal by requiring the usage of best available technology and encouraging greater coordination of wastewater planning in order to minimize potentially duplicative infrastructure.
Prior legislative history
New.
Fiscal implications for state and local governments
EFFECTIVE DATE: This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.