BILL NUMBER: S5936
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
establishing nutrient inactivant application permits
 
PURPOSE:
Establishes the nutrient inactivant application permit.
 
SUMMARY OF PROVISIONS:
Section 1 amends Article 17 of the environmental conservation law to add
a new title 23.
Section 2 amends section 33-0103 of the environmental conservation law
to add new subdivision 4 on nutrient inactivants applicability.
Section 3 amends environmental conservation law by adding a new section
17-0833, specifying a SPDES permit shall not be issued for nutrient
inactivators.
Section 4 adds a new section 71-1947 to outline enforcement of title 23.
Section 5 states the effective date.
 
JUSTIFICATION:
Harmful algal blooms, or HABs, have been reported in many freshwater
bodies of water across New York. These blooms produce toxins that can
contaminate water used for drinking and recreating. According to the New
York State Department of Health (DOH), exposure to harmful algal blooms
can result in severe health effects in both humans and animals. One
cause of HABs is high concentrations of phosphorus in water bodies,
which can result from runoff from urban areas and lawns, septic systems
leakage, and sewer treatment plant leakage.
Due to the increased number of HABs reported in New York, it is imper-
ative municipalities and lake associations are provided with the neces-
sary tools to combat this issue. Certain products such as aluminum
sulfate, sodium aluminate, and lanthanum can be used to control harmful
algal blooms, and restore waters back to safe levels of phosphorus. This
legislation will establish a nutrient inactivant applicator permit to
create a process to ensure these products are being applied safely and
with best practices in mind.
 
LEGISLATIVE HISTORY:
2023-2024: S8419/A9287 - Died in Finance/ Died in Environmental Conser-
vation
 
FISCAL IMPLICATION:
TBD
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a 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:
S5936: 33-0103 environmental conservation law