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A02623 Summary:

BILL NOA02623
 
SAME ASSAME AS UNI. S03213
 
SPONSOREnglebright
 
COSPNSRMurray, Colton
 
MLTSPNSR
 
Add 15-0517, En Con L
 
Relates to water quality testing for land clearing debris and compost facilities in Nassau and Suffolk counties.
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A02623 Actions:

BILL NOA02623
 
01/20/2017referred to environmental conservation
04/25/2017reported referred to ways and means
05/23/2017reported referred to rules
05/23/2017reported
05/23/2017rules report cal.76
05/23/2017ordered to third reading rules cal.76
06/05/2017substituted by s3213
 S03213 AMEND= LAVALLE
 01/20/2017REFERRED TO ENVIRONMENTAL CONSERVATION
 02/14/20171ST REPORT CAL.268
 02/28/20172ND REPORT CAL.
 03/01/2017ADVANCED TO THIRD READING
 03/20/2017PASSED SENATE
 03/20/2017DELIVERED TO ASSEMBLY
 03/20/2017referred to environmental conservation
 06/05/2017substituted for a2623
 06/05/2017ordered to third reading rules cal.76
 06/05/2017passed assembly
 06/05/2017returned to senate
 11/17/2017DELIVERED TO GOVERNOR
 11/29/2017SIGNED CHAP.449
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A02623 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2623
 
SPONSOR: Englebright
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to avoiding water quality impairment from the management of land clearing debris and compost in Nassau and Suffolk counties   PURPOSE OR GENERAL IDEA OF BILL: To ensure that water and environmental quality is not adversely impacted as a result of commercial land clearing debris or compost facilities.   SUMMARY OF SPECIFIC PROVISIONS: This bill would add a new § 15-0517 to the Environmental Conservation Law.   JUSTIFICATION: Nassau and Suffolk counties are served by a sole-source aquifer. Recent studies have highlighted the potential for adverse water quality impacts as a result of large compost and mulch facilities. This legislation will help protect water quality by ensuring that water quality and other environmental protections are in place.   PRIOR LEGISLATIVE HISTORY: 2015-16 A10144-B passed assembly; S7771-A referred to environmental conservation   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect January 1, 2018.
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A02623 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 3213                                                  A. 2623
 
                               2017-2018 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 20, 2017
                                       ___________
 
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Environmental
          Conservation
 
        IN  ASSEMBLY  -- Introduced by M. of A. ENGLEBRIGHT, MURRAY -- read once
          and referred to the Committee on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          avoiding water quality impairment from the management of land clearing
          debris and compost in Nassau and Suffolk counties
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 15-0517 to read as follows:
     3  § 15-0517. Water  quality  testing requirements for land clearing debris
     4               and compost facilities in Nassau and Suffolk counties.
     5    1. In Nassau and Suffolk counties,  the  department  shall  promulgate
     6  rules  and  regulations to prevent water quality and other environmental
     7  impairments resulting from land clearing debris facilities or composting
     8  facilities. Such regulations shall at a minimum require:
     9    (a) quarterly up gradient and down gradient water quality testing;
    10    (b) setbacks from  drinking  water  supply  wells  and  surface  water
    11  bodies; and
    12    (c) dust and odor suppression and fire risk minimization.
    13    2.  The  department  shall in the case of a primary recharge area, and
    14  may for other recharge areas, promulgate rules  and  regulations  to  be
    15  implemented twenty-four months after the effective date of this section,
    16  to  prevent  water quality and other environmental impairments resulting
    17  from land clearing debris facilities or composting facilities by requir-
    18  ing the use of an impermeable liner, in addition to the requirements  of
    19  subdivision  one  of  this  section.    The department may exempt a land
    20  clearing debris facility or a composting facility  from  the  regulatory
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08021-01-7

        S. 3213                             2                            A. 2623
 
     1  requirements  of  this  subdivision following a review of the facility's
     2  water quality testing results and a determination by the department that
     3  such facility does not pose a risk of impairment to the primary recharge
     4  area or, if applicable, other recharge area.
     5    3. For the purposes of this section:
     6    (a) "land clearing debris" shall mean vegetative matter, soil and rock
     7  resulting  from  activities  such as land clearing and grubbing, utility
     8  line maintenance or seasonal or storm related  cleanup  such  as  trees,
     9  stumps,  brush  and leaves and including wood chips generated from these
    10  materials.
    11    (b) "composting facilities" shall mean  facilities  that  accept  more
    12  than  three  thousand  cubic yards of waste, either processed or unproc-
    13  essed, per year.
    14    § 2. This act shall take effect January 1, 2018.
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