NY State Senate Bill 2017-S522

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to agriculture
Jan 04, 2017	referred to agriculture

co-Sponsors

2017-S522 (ACTIVE) - Details

See Assembly Version of this Bill:: A546
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §16, Ag & Mkts L; amd §§15-0107, 15-0503 & 15-0507, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2429, A976
2011-2012: S791, A5865
2013-2014: S2621, A1487
2015-2016: S3077, A1839
2019-2020: A3601

2017-S522 (ACTIVE) - Summary

Relates to farm pond dams; defines farm pond dams as dams principally installed to enhance agricultural, environmental and conservation benefits on farms.

2017-S522 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S522

 TITLE OF BILL :

An act to amend the agriculture and markets law and the environmental
conservation law, in relation to farm pond dams

 PURPOSE OF BILL :

To amend the agriculture and markets law, the environmental
conservation law to remove farm pond dams from required monitoring by
the DEC and give the responsibility by the state soil and water
conservation committee for development of guidelines and best
management practices for the classification, operation and maintenance
of farm pond dams.

 SUMMARY OF PROVISIONS :

Section 1 amends Section 16 of the agriculture and markets law by
adding a new subdivision 49 to add farm pond dams to the oversight of
the state soil and water conservation committee.

Section 2 amends section 15-0107 of the environmental conservation law
by adding a new subdivision 7 to define "farm pond dam."

Section 3 amends subdivision 3 of section 15-0503 of the environmental

conservation law by adding a new paragraph d to exclude farm pond dams
from DEC oversight.

Section 4 amends the section 15-0507 of the environmental conservation
law by adding a new subdivision 7 stating that the provision of this
section shall not apply to farm pond dams as defined in section
15-0107 of this article.

Section 5 provides that this act shall take effect immediately.

 JUSTIFICATION :

Ponds play an important role on many New York State farms. They
provide a source of water for farm crop and livestock needs in times
of drought, as well as provide many conservation benefits, such as
ecosystem enhancement, to New York's environment. These ponds (and the
dams that contain them) pose little risk to public safety. In the very
rare circumstance where they would experience an issue, the small
amount of water and remote location of the ponds would limit any
damage. Rather than require DEC to monitor these low risk farm ponds,
the NYS Soil & Water Conservation Committee, which continually works
with farmers, is much better suited to efficiently help farmers
maintain farm ponds.

 LEGISLATIVE HISTORY :

2016: S.3077 Referred to Agriculture
2015: S.3077 Advanced to Third Reading
2014: S.2621/A.1487 Passed Senate
2013: S.2621/A.1487 Committed to Rules
2011,2012: S.791/A.5865 Passed Senate
2009,2010: S.2429-A/A.976-A Referred to Agriculture
2008: S.7564/A.10542 Passed Senate

 BUDGET IMPLICATIONS :

The bill shifts responsibility from one department to another. The net
fiscal impact of the bill would be negligent.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S522 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    522
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  YOUNG,  GALLIVAN,  RANZENHOFER  -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Agriculture
 
 AN  ACT  to  amend the agriculture and markets law and the environmental
   conservation law, in relation to farm pond dams

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 16 of the agriculture and markets law is amended by
 adding a new subdivision 49 to read as follows:
   49.  DEVELOP  GUIDELINES  AND BEST MANAGEMENT PRACTICES IN CONJUNCTION
 WITH THE STATE SOIL AND WATER CONSERVATION COMMITTEE FOR THE CLASSIFICA-
 TION, OPERATION AND MAINTENANCE OF FARM POND DAMS.
   § 2. Subdivision 7 of section 15-0107 of the  environmental  conserva-
 tion law is renumbered subdivision 8 and a new subdivision 7 is added to
 read as follows:
   7.  "FARM  POND  DAM"  SHALL MEAN THOSE DAMS MEETING GUIDELINES ESTAB-
 LISHED BY THE DEPARTMENT OF AGRICULTURE AND MARKETS PURSUANT TO  SECTION
 SIXTEEN  OF THE AGRICULTURE AND MARKETS LAW AND INSTALLED TO PRINCIPALLY
 ENHANCE AGRICULTURAL, ENVIRONMENTAL AND CONSERVATION BENEFITS ON FARMS.
   § 3. Subdivision 3 of section 15-0503 of the  environmental  conserva-
 tion  law,  as amended by chapter 364 of the laws of 1999, is amended to
 read as follows:
   3. The requirement of a permit pursuant  to  this  section  shall  not
 apply to the following facilities:
   a.  A  dock,  pier,  wharf or other structure used solely as a landing
 place on water providing dockage for five or fewer boats and  encompass-
 ing  within  its  outer perimeter an area less than four thousand square
 feet;
   b. A mooring facility providing mooring for fewer than ten boats;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03185-01-7

 S. 522                              2
 
   c. Seasonal replacement or reinstallation of structures referenced and
 listed in paragraph b of subdivision 1 of this section  installed  prior
 to the effective date of this paragraph[.];
   D. FARM POND DAMS.
   §  4. Section 15-0507 of the environmental conservation law is amended
 by adding a new subdivision 7 to read as follows:
   7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
 PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FARM POND DAMS.
   § 5. This act shall take effect immediately.

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Senate Bill S522

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

2017-S522 (ACTIVE) - Details

2017-S522 (ACTIVE) - Summary

2017-S522 (ACTIVE) - Sponsor Memo

2017-S522 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S522

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Sponsored By

Catharine Young

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

Patrick M. Gallivan

Michael H. Ranzenhofer

2017-S522 (ACTIVE) - Details

2017-S522 (ACTIVE) - Summary

2017-S522 (ACTIVE) - Sponsor Memo

2017-S522 (ACTIVE) - Bill Text download pdf

Comments