Bill Text: NY A08124 | 2019-2020 | General Assembly | Amended

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Bill Title: Limits the exceptions to certain effluent limitations in Nassau and Suffolk counties and requires 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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2020-07-23 - REFERRED TO RULES [A08124 Detail]

Download: New_York-2019-A08124-Amended.html

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                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  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  3  of  section  17-0809 of the environmental
     2  conservation law, as added by chapter  360  of  the  laws  of  1988,  is
     3  amended to read as follows:
     4    3.  Notwithstanding any other provision of this article, when effluent
     5  limitations are established they must be at least as  stringent  as  the
     6  effluent  limitations previously required unless the commissioner deter-
     7  mines, through regulation, that an exception is warranted as provided in
     8  section 303(d) and 402(o) of the Federal Water Pollution Control Act (33
     9  U.S.C. sections 1313(d) and 1342(o)) as amended by the Water Quality Act
    10  of 1987; provided, however, no such exceptions may be determined  to  be
    11  warranted in special groundwater protection areas designated pursuant to
    12  article  fifty-five  of  this  chapter  or in Nassau or Suffolk counties
    13  where such discharges will impact marine  waters  within  ten  years  or
    14  less.
    15    §  2. Item (e) of subparagraph (ii) of paragraph d of subdivision 1 of
    16  section 17-1909 of the environmental conservation  law,  as  amended  by
    17  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

     1    (e)  conforms with applicable rules and regulations of the department,
     2  including a demonstration that design and construction  consider  future
     3  physical  climate risk due to sea level rise, and/or storm surges and/or
     4  flooding, based on available data predicting the  likelihood  of  future
     5  extreme  weather events, including hazard risk analysis data if applica-
     6  ble; and
     7    (f) includes consideration of county-wide or regional wastewater plan-
     8  ning.
     9    § 3. Paragraph a of subdivision 2 of section 17-1909 of  the  environ-
    10  mental  conservation law, as amended by chapter 262 of the laws of 2007,
    11  is amended to read as follows:
    12    a.  The  environmental  significance  of  such  potentially   eligible
    13  projects  which shall include, but need not be limited to, an assessment
    14  of (i) public  health  and  safety;  (ii)  protection  of  environmental
    15  resources;  (iii)  population  affected;  (iv) attainment of state water
    16  quality goals and standards; [and] (v) compliance with state and federal
    17  law, rules and regulations; and (vi) the extent to which  such  projects
    18  reflect county-wide or regional wastewater planning;
    19    §  4.  This  act  shall take effect immediately and shall apply to all
    20  permits issued after such date.