BILL NUMBER: S4533
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
water resources planning council
 
PURPOSE:
This bill amends the environmental conservation law by expanding the
membership and purposes of the Resources Planning Council, including to
make recommendations regarding the management and oversight of the water
resources of the state to ensure that all residents have access to
adequate, affordable, safe drinking water in perpetuity.
 
SUMMARY OF PROVISIONS:
Section 1: Amends the environmental conservation law section 15-2901 to
provide that:
1. The resources planning council shall consist of seventeen voting
members and eight non-voting members.
2. Voting members include the chair of the council, commissioners of six
state departments, the chair of the Public Service Commission, the pres-
ident of the New York State Energy Research and Development Authority,
the secretary of state and seven members appointed by the governor,
including at least two members with expertise in the science of water
resources planning, at least two members with expertise in environmental
science and/or engineering and one member with expertise in environ-
mental justice. Two members appointed by the governor shall be appointed
upon the recommendation of the assembly's speaker.
3. Non-voting members include (a) New York City, (b) Long Island,
(c)Lower Hudson Valley, (d) Capitol Region, (e) Upper Hudson and St.
Lawrence River Watershed, (f) Central New York, (g) Southern Tier River
basins; and (h) Great Lakes Regional Watersheds.
4. Members shall receive reimbursement for expenses only.
Section 2: Amends environmental conservation law section 15-2903 to
provide that a majority of the voting members of the council shall
constitute a quorum for the transaction of any business.
Section 3: Amends the environmental conservation law by adding a new
section 15-2904 to set forth the duties and purpose of the council
including to:
1. Make recommendations regarding the management and oversight of the
water resources of the state, including facilitating cooperative and
sustainable management of water resources to ensure that all residents
have access to adequate, affordable, safe drinking water in perpetuity.
2. Make recommendations to help ensure the fair and equitable distrib-
ution of public water resources and ensure that every agency considers
environmental justice standards in its decision-making process and
actions.
3. Review the list of contaminants that are tested in state waters and
make recommendations to the departments of environmental conservation
and health or the United States Environmental Protection Agency.
Section 4: Amends environmental conservation law section 15-2905 to
provide that the commissioner, in consultation with the commissioner of
health and the chair shall cause to be prepared the inventory of exist-
ing significant deficiencies in water supply availability throughout the
state, to be completed and transmitted to the governor and legislature
by July first, two thousand twenty-four. In consultation with the secre-
tary of state and the chair, the commissioner shall also prepare a
review summary of existing statutory and constitutional provisions
relating to the provision and financing of water supply by local govern-
ments. Such review and summary shall be completed and transmitted to the
governor legislature and the council by January first, two thousand
twenty-four.
Section 5: Amends environmental conservation law section 15-2907 to
provide that no later than January first, two thousand twenty-five, and
every five years thereafter, the Department of Environmental Conserva-
tion, with the participation of the Department of Health and whenever
possible, the nonvoting regional members shall develop and submit a
comprehensive statewide water resources management strategy for the
water resources planning council for its review and adoption following
public hearings. The statewide resources management strategy shall be
made available to the public on the council's website and submitted to
the legislature within two weeks of its adoption.
Section 6: Amends environmental conservation law section 15-2909 to
require that public hearings be conducted in each region represented by
a non-voting council member.
Section 7: Amends environmental conservation law section 15-2911 to
provide that the water resources planning council shall, after the
conclusion of the hearings, but no later than January first, two thou-
sand twenty-five, determine whether the statewide water resources
management strategy should be approved with modifications or disap-
proved, and shall state in writing the reasons for its determination. If
the council has determined approval of the strategy, it shall be
adopted. If the Council disapproves the strategy, the Department of
Environmental Conservation, in conjunction with the Department of
Health, shall modify the strategy and resubmit it to the Council for
action.
Section 8: Amends environmental conservation law section 15-2913 to
provide that at least once a year, the Water Resources Planning Council,
with the participation of all voting members and, whenever possible,
non-voting members, shall review the strategy and either (a) recommend
amendments if necessary, or (b) issue a determination that no amendments
are necessary and the reasons supporting the determination. The council
develops and adopts a new comprehensive statewide resources management
strategy every five years.
Section 9: Amends the environmental conservation law by adding a new
section 15-2915 to provide that the water resources planning council
shall annually submit a report to the legislature on the state's water
resources' status and quality.
Section 10: Sets Effective Date.
 
JUSTIFICATION:
Separate state and local agencies govern the State's water resources
management. No comprehensive strategy for water quality or water
resources management exists to ensure that state agencies work together,
that state and local water resource issues are considered holistically,
and that all agencies are working together to properly manage all New
York water.
The New York Water Resources Planning Council (WRPC) was established in
1988 under Environmental Conservation Law § 15-2901. The 15-member panel
included the heads of seven state agencies and eight others appointed by
the Governor. It was charged with developing a statewide strategy for
water management, focusing on water for drinking, recreational use,
industry and agriculture, and economic development. The strategy was
developed in 1988, and while the WRPC continued to meet until the
mid-1990s, it was not updated.
This bill will increase the membership of the WRPC to include regional
representation and expand its duties and powers to ensure that the State
has a comprehensive statewide strategy for water quality and water
resources management on an ongoing basis.
While regional water councils have successfully allowed for localized
control of water resource development projects with municipal oversight,
a more comprehensive statewide approach to water management is necessary
as water management has become a more pressing concern statewide. This
legislation will provide the necessary framework for a water resources
planning council to facilitate cooperative and sustainable management of
the state's water resources, including ensuring that all residents have
access to adequate and safe drinking water.
 
LEGISLATIVE HISTORY:
Senate
2017: No Senate Same-As
2018: No Senate Same-As
2019: S4291, Reported and Committed to Finance
2020: S4291, Referred to Environmental Conservation
2021: S1738A, Referred to Environmental Conservation
2022: S1738A, Referred to environmental conservation
2023: S3396, Reported and Committed to Finance
2024: S3396, Referred to Environmental Conservation
Assembly
2017: A6221B, Amend and Recommit to Environmental Conservation
2018: A6221B, Referred to Environmental Conservation
2019: A2261, Referred to Environmental Conservation
2020: A2261, Referred to Environmental Conservation
2021: A2044A, Referred to Environmental Conservation
2022: A2044A, Passed Assembly
2023: No Assembly Same-As
2024: No Assembly Same-As
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law. Effective immediately, the addition, amendment, and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.

Statutes affected:
S4533: 15-2901 environmental conservation law, 15-2903 environmental conservation law, 15-2905 environmental conservation law, 15-2907 environmental conservation law, 15-2909 environmental conservation law, 15-2911 environmental conservation law, 15-2913 environmental conservation law