S T A T E O F N E W Y O R K
________________________________________________________________________
7723
I N S E N A T E
January 7, 2022
___________
Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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; and to amend a chapter of the laws of 2021
amending the environmental conservation law relating to limiting the
exceptions to certain effluent limitations in Nassau and Suffolk coun-
ties 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, as proposed in legislative bills numbers S. 5022 and A.
4637, in relation to the effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 17-0809 of the environmental
conservation law, as amended by a chapter of the laws of 2021 amending
the environmental conservation law relating 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 eligi-
bility, as proposed in legislative bills numbers S. 5022 and A. 4637, is
amended to read as follows:
3. Notwithstanding any other provision of this article, when effluent
limitations are established they must be at least as stringent as the
effluent limitations previously required unless the commissioner deter-
mines, through regulation, that an exception is warranted as provided in
section 303(d) and 402(o) of the Federal Water Pollution Control Act (33
U.S.C. sections 1313(d) and 1342(o)) as amended by the Water Quality Act
of 1987; provided, however, no such exceptions may be determined to be
warranted in special groundwater protection areas designated pursuant to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03770-03-2
S. 7723 2
article fifty-five of this chapter or in Nassau or Suffolk counties
where such discharges will impact marine waters within ten years or
less. In such areas, the best available technology, THAT IS ECONOM-
ICALLY FEASIBLE AND COST EFFECTIVE BASED ON AN ANALYSIS THAT CONSIDERS
DIRECT AND AVOIDED ECONOMIC AND ENVIRONMENTAL COSTS, shall be applied
with special emphasis on reducing nitrogen pollution.
§ 2. Section 4 of a chapter of the laws of 2021 amending the environ-
mental conservation law relating 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 waste-
water planning into consideration when determining eligibility, as
proposed in legislative bills numbers S. 5022 and A. 4637, os amended to
read as follows:
§ 4. This act shall take effect [immediately] ON THE NINETIETH DAY
AFTER IT SHALL HAVE BECOME A LAW and shall apply to all permits issued
after such date.
§ 3. This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the same date and in the
same manner as a chapter of the laws of 2021 amending the environmental
conservation law relating to limiting the exceptions to certain effluent
limitations in Nassau and Suffolk counties and requiring certain eligi-
ble projects for state aid involving water pollution control revolving
fund agreements to take county-wide or regional wastewater planning into
consideration when determining eligibility, as proposed in legislative
bills numbers S. 5022 and A. 4637, takes effect.