EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00610-01-3
S. 238 2
AS USED IN THIS TITLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
1. "AFFORDABILITY" MEANS MEASURES OR OTHER ASSISTANCE TO ASSURE EQUAL
ACCESS TO ADEQUATE CLEAN, SAFE WATER AND SANITATION, WITHOUT DISCRIMI-
NATION, INTERFERENCE OR INEQUITABLE OR UNJUST TERMINATION OF THE RIGHT
OF ACCESS TO WATER BY ANY PERSON OR HOUSEHOLD OF PERSONS WITH INSUFFI-
CIENT INCOME FROM HARDSHIP OR DISABILITY TO PAY THE FULL RATE OR PRICE
FOR ACCESS TO A MINIMUM WATER SUPPLY TO PROTECT HEALTH AND SANITATION
FOR THEIR DWELLING.
2. "APPLICANT" MEANS A PERSON, CORPORATION, OR OTHER ORGANIZATION OR
ENTITY APPLYING FOR A LICENSE UNDER THIS TITLE.
3. "COMMUNITY PUBLIC WATER SUPPLY" OR "PUBLIC COMMUNITY WATER SUPPLY"
MEANS A PUBLIC WATER SUPPLY THAT PROVIDES YEAR-ROUND SERVICE TO NOT
FEWER THAN FIFTEEN LIVING UNITS OR WHICH REGULARLY PROVIDES YEAR-ROUND
SERVICE TO NOT FEWER THAN TWENTY-FIVE INDIVIDUALS.
4. "CUSTOMER SERVICE CONNECTION" MEANS THE PIPE BETWEEN A WATER MAIN
AND CUSTOMER SITE PIPING OR BUILDING PLUMBING SYSTEM.
5. "CUSTOMER SITE PIPING" MEANS AN UNDERGROUND PIPING SYSTEM OWNED OR
CONTROLLED BY A CUSTOMER THAT CONVEYS WATER FROM SUCH CUSTOMER'S CUSTOM-
ER SERVICE CONNECTION TO BUILDING PLUMBING SYSTEMS AND OTHER POINTS OF
USE ON LANDS OWNED OR CONTROLLED BY SUCH CUSTOMER. "CUSTOMER SITE
PIPING" SHALL NOT INCLUDE ANY SYSTEM THAT INCORPORATES TREATMENT TO
PROTECT PUBLIC HEALTH.
6. "DISADVANTAGED COMMUNITY" SHALL MEAN SUCH COMMUNITIES AS IDENTIFIED
PURSUANT TO SECTION 75-0111 OF THIS CHAPTER.
7. "DIVERSION" MEANS THE TRANSFER OF WATER BY ANY MEANS, INCLUDING IN
A CONTAINER INTENDED FOR AN IMMEDIATE OR END-USE CONSUMER FROM ITS
SOURCE IN ONE LAKE OR WATERSHED TO ANOTHER LAKE OR WATERSHED.
8. "LICENSE" MEANS THE AUTHORIZATION PURSUANT TO SECTION 15-3509 OF
THIS TITLE BY THE STATE TO ALLOW THE WITHDRAWAL, REMOVAL, DIVERSION
AND/OR TRANSFER OF WATERS OF THE STATE BY ANY PERSON FOR THE PURPOSE OF
THE PRODUCTION AND SALE OF BOTTLED WATER.
9. "LICENSEE" MEANS THE HOLDER OF A LICENSE UNDER THIS TITLE.
10. "PUBLIC WATER SUPPLY" MEANS A COMMUNITY PUBLIC WATER SUPPLY OR
WATERWORKS SYSTEM THAT PROVIDES WATER FOR DRINKING OR HOUSEHOLD PURPOSES
TO PERSONS OTHER THAN THE SUPPLIER OF SUCH WATER, AND SHALL NOT INCLUDE
EITHER OF THE FOLLOWING:
(A) A WATERWORKS SYSTEM THAT SUPPLIES WATER TO ONLY ONE DWELLING OR
MULTIPLE DWELLING, AS SUCH TERMS ARE DEFINED BY SECTION FOUR OF THE
MULTIPLE DWELLING LAW; OR
(B) A WATERWORKS SYSTEM THAT CONSISTS SOLELY OF CUSTOMER SITE PIPING.
11. "ROYALTY FEE" MEANS COMPENSATION TO THE STATE FOR THE AUTHORI-
ZATION OF A LICENSE TO ALLOW A WITHDRAWAL, DIVERSION OR TRANSFER BY ANY
PERSON FROM THE SOVEREIGN WATERS OF THE STATE FOR THE PURPOSE OF PRODUC-
ING AND PACKAGING WATER FOR THE SALE OF BOTTLED WATER UNDER SECTION
15-3509 OF THIS TITLE.
12. "SALE OF WATER" MEANS THE PRODUCTION, PACKAGING OR DELIVERY OF
WATER FROM A WATER SOURCE OR PUBLIC WATER SUPPLY IN CONTAINERS OR BY ANY
OTHER MEANS IN EXCHANGE FOR MONEY OR OTHER CONSIDERATION.
13. "SALE OF BOTTLED WATER" MEANS WATER WITHDRAWN FROM A WATER SOURCE
OR PUBLIC WATER SUPPLY AND TRANSFERRED OR DIVERTED TO A PLANT OR OTHER
FACILITY FOR THE SALE OF WATER IN A CONTAINER OR PACKAGE OF NOT MORE
THAN 5.7 GALLONS.
14. "SPRING WATER" MEANS SPRING WATER AS DEFINED IN 21 C.F.R. 165.110
FOR BOTTLED WATER.
S. 238 3
15. "WATERSHED" MEANS THE WATERSHED OF PRIMARY RIVERS AND THE SUB-WAT-
ERSHEDS OF THEIR TRIBUTARY STREAMS AND CREEKS.
16. "WATERWORKS SYSTEM" MEANS A SYSTEM OF PIPES AND STRUCTURES THROUGH
WHICH WATER IS OBTAINED AND DISTRIBUTED, INCLUDING BUT NOT LIMITED TO
WELLS AND WELL STRUCTURES, INTAKES AND CRIBS, PUMPING STATIONS, TREAT-
MENT PLANTS, STORAGE TANKS, PIPELINES AND APPURTENANCES, OR A COMBINA-
TION THEREOF, ACTUALLY USED OR INTENDED FOR USE FOR THE PURPOSE OF
FURNISHING WATER FOR DRINKING OR HOUSEHOLD PURPOSES.
17. "WATER MAIN" MEANS A PIPE OWNED OR CONTROLLED BY A SUPPLIER THAT
MAY CONVEY WATER TO A CUSTOMER SERVICE CONNECTION OR TO A FIRE HYDRANT.
18. "WATERS OF THE STATE" GROUNDWATER, LAKES, RIVERS, AND STREAMS AND
ALL OTHER WATERCOURSES AND WATERS, INCLUDING THE GREAT LAKES, WITHIN THE
TERRITORIAL BOUNDARIES OF THE STATE, AND SHALL INCLUDE WATER WITHDRAWN
FROM THE WATERS OF THE STATE AND DELIVERED THROUGH PUBLIC WATERWORKS OR
PUBLIC WATER UTILITY SYSTEMS. WATERS OF THE STATE SHALL NOT INCLUDE
DRAINAGE WAYS AND PONDS DESIGNED AND CONSTRUCTED SOLELY FOR WASTEWATER
CONVEYANCE, TREATMENT, OR CONTROL.
19. "WITHDRAWAL" MEANS THE REMOVAL OF WATER FROM SURFACE WATER OR
GROUNDWATER.
20. "PUBLIC WATER JUSTICE FUND" MEANS SUCH FUND ESTABLISHED PURSUANT
TO SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW.
§ 15-3503. LEGISLATIVE FINDINGS AND INTENT.
1. THE WATERS OF THE STATE ARE HELD BY THE STATE AS SOVEREIGN AND IN
PUBLIC TRUST FOR THE BENEFIT OF THE PEOPLE OF THE STATE OF NEW YORK.
2. AS TRUSTEE, THE STATE OF NEW YORK SHALL PROTECT AND SUSTAIN THE
INTEGRITY OF FLOWS, LEVELS, AND QUALITY OF WATER, FISH AND AQUATIC HABI-
TAT FOR THE USE AND ENJOYMENT BY CITIZENS NOW AND IN THE FUTURE.
3. AS TRUSTEE, AND BASED ON THE PARAMOUNT PUBLIC INTEREST IN THE
WATERS OF THE STATE AND PUBLIC HEALTH OF ITS CITIZENS, THE STATE SHALL
PROVIDE FOR AND PROTECT THE RIGHT OF ACCESS TO SAFE DRINKING WATER,
WATER SOURCES, PUBLIC WATER SUPPLY, PUBLIC WATERWORKS AND INFRASTRUC-
TURE, PUBLIC HEALTH, AND FISHING, NAVIGATION, RECREATION, CONSERVATION,
AND THE REASONABLE USE OF WATER IN CONNECTION WITH THE OWNERSHIP OR
LAWFUL OCCUPANCY OF LAND, NOT LIMITED TO DOMESTIC, AGRICULTURAL, COMMER-
CIAL, INDUSTRIAL AND PUBLIC UTILITY USES.
§ 15-3505. PROHIBITION OF DIVERSION OR TRANSFER FOR THE SALE OF WATER.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS TITLE, NO WATERS OF
THE STATE SHALL BE WITHDRAWN, TAKEN, DIVERTED, AND/OR TRANSFERRED OUT OF
ANY WATERSHED OF THE STATE FOR THE PURPOSE OF THE SALE OF SUCH WATER IN
ANY SIZE CONTAINER, PACKAGE, OR IN ANY OTHER MANNER TO ANOTHER WATERSHED
WITHIN OR OUTSIDE OF THE TERRITORIAL BOUNDARIES OF THE STATE.
§ 15-3507. EXCEPTIONS TO PROHIBITIONS.
1. PROHIBITED ACTS UNDER SECTION 15-3505 OF THIS TITLE SHALL NOT APPLY
TO ANY OF THE FOLLOWING:
(A) THE WITHDRAWAL, TREATMENT, DISTRIBUTION, AND DELIVERY OF WATER
SERVICES BY A PUBLIC OR PRIVATE WATER UTILITY OR COMMUNITY PUBLIC WATER
SUPPLY OR WATERWORKS SYSTEM. THE EXCEPTION UNDER THIS SUBDIVISION SHALL
NOT APPLY TO THE DISTRIBUTION OR DELIVERY OF WATER TO A PERSON WHO
RECEIVES WATER FROM A PUBLIC WATERWORKS OR PUBLIC WATER UTILITY SYSTEM
FOR THE PURPOSE OF THE SALE OF SUCH WATER.
(B) PRODUCTS INTO WHICH WATER FROM A PRIVATE WELL OR PUBLIC WATERWORKS
SYSTEM OR PUBLIC WATER UTILITY IS INCORPORATED, OR WATER INCORPORATED
INTO OR USED IN A PRODUCT OTHER THAN WATER ITSELF.
(C) THE SALE OF WATER ON PREMISES FROM A PRIVATE WELL OR PUBLIC WATER-
WORKS SYSTEM IN A GLASS, BOTTLE OR OTHER CONTAINER, INCIDENTAL TO A
S. 238 4
WHOLESALE OR RETAIL RESTAURANT, FOOD SERVICE OR OTHER BUSINESS OR
COMMERCIAL OPERATION.
(D) THE SALE OF WATER OF THE STATE IN CONTAINERS WITH A CAPACITY OF
NOT MORE THAN 5.7 GALLONS, BUT ONLY IF ALL OF THE FOLLOWING STANDARDS
ARE DULY ESTABLISHED AND DETERMINED TO BE MET BY THE DEPARTMENT:
(I) SUCH TRANSFER AND DIVERSION OF WATER IS PART OF BOTTLED WATER
PRODUCTION AND SALE FACILITIES AND OPERATIONS ALREADY EXISTING UPON THE
EFFECTIVE DATE OF THIS SECTION, SUBJECT TO COMPLIANCE WITH ALL OTHER
PROVISIONS OF THIS TITLE, AND AUTHORIZED BY THE DEPARTMENT PURSUANT TO
SECTION 15-3509 OF THIS TITLE;
(II) DETERMINATION THAT THE WATER SOURCE THAT IS TRANSFERRED OR
DIVERTED IS NOT SPRING WATER, UNLESS OTHERWISE AUTHORIZED BY THE DEPART-
MENT UNDER SECTION 15-3509 OF THIS TITLE;
(III) DETERMINATION THAT THE WITHDRAWAL AND TRANSFER FOR THE SALE OF
WATER WILL NOT IMPAIR OR INTERFERE WITH ANOTHER WATER SOURCE, COMMUNITY
PUBLIC WATER SUPPLY OR ANY OTHER PUBLIC OR PRIVATE WATER WELL, INFRAS-
TRUCTURE, WATERWORKS SYSTEM OR WITH THE WATER SERVICES AND THE PUBLIC
HEALTH, SAFETY AND WELFARE.
(IV) DETERMINATION THAT THE WITHDRAWAL, REMOVAL, TRANSFER AND THE SALE
OF BOTTLED WATER IS IN COMPLIANCE WITH ALL OTHER FEDERAL, STATE, LOCAL
LAW AND REGULATIONS; AND
(V) ISSUANCE OF LICENSE AND PAYMENT OF A ROYALTY AS AUTHORIZED AND
DETERMINED BY THE DEPARTMENT TO SELL BOTTLED WATER IN CONTAINERS WITH A
CAPACITY OF NOT MORE THAN 5.7 GALLONS, AS PROVIDED IN SECTION 15-3509 OF
THIS TITLE.
2. THE PROHIBITIONS UNDER THIS SECTION SHALL NOT APPLY TO A LAWFUL AND
REASONABLE USE OF THE WATERS OF THE STATE IN CONNECTION WITH THE USE AND
ENJOYMENT OF LAND BY AN OWNER OR OCCUPANT OR THEIR GUESTS, INCLUDING ANY
LAWFULLY RECOGNIZED TRADITIONAL AND ARTIFICIAL REASONABLE USES OF WATER
SUCH AS AGRICULTURE, MANUFACTURING, GENERATION OF ELECTRICITY OR AN
INDUSTRIAL USE OR PROCESS. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN
THIS TITLE, THE SALE OF WATER WITHDRAWN FROM THE WATERS OF THE STATE
SHALL NOT BE A REASONABLE USE.
§ 15-3509. AUTHORIZED SALE OF WATER.
1. THE DEPARTMENT IS HEREBY AUTHORIZED TO ISSUE A LICENSE TO WITHDRAW,
TAKE, REMOVE, AND/OR TRANSFER FROM THE WATERS OF THE STATE FOR THE SALE
OF BOTTLED WATER WHERE THE SALE OF SUCH WATERS OF THE STATE SHALL BE IN
FULL COMPLIANCE WITH THIS TITLE.
2. THE DEPARTMENT SHALL NOT ISSUE OR ENTER INTO ANY LICENSE OR OTHER
AGREEMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION FOR WITHDRAWAL,
TAKING, AND/OR TRANSFER OF THE WATERS OF THE STATE TO A PERSON OR ENTITY
WHO PROPOSES TO ENGAGE IN THE SALE OF BOTTLED WATER UNLESS ALL OF THE
FOLLOWING CONDITIONS ARE MET:
(A) SUCH PERSON OR ENTITY SUBMITS AN APPLICATION TO THE DEPARTMENT
ALONG WITH PROPOSED PLANS FOR BOTTLED WATER FACILITY AND OPERATION, OR
IF SUCH APPLICATION IS FOR THE CONTINUED OPERATION OF A BOTTLED WATER
FACILITY AND OPERATION ALREADY EXISTING UPON THE EFFECTIVE DATE OF THIS
SECTION, AN APPLICATION WITH A DESCRIPTION OF SUCH EXCITING OPERATIONS.
(B) FOR THE LICENSING FOR THE SALE OF BOTTLED WATER FROM A MUNICIPAL
OR COMMUNITY PUBLIC WATERWORKS OR PUBLIC WATER UTILITY SUPPLY, THE
APPLICANT HAS SUBMITTED CERTIFIED PROOF THAT THE WATER SOURCE IS IN
COMPLIANCE WITH ALL OTHER LEGAL REQUIREMENTS FROM THE LOCAL DEPARTMENT,
BOARD OR LOCAL GOVERNMENT THAT OWNS AND OPERATES THE COMMUNITY PUBLIC
WATERWORKS OR PUBLIC WATER SYSTEM.
(C) BEFORE APPROVAL OF SUCH LICENSE, THE DEPARTMENT SHALL PROVIDE
WRITTEN NOTICE OF THE APPLICATION OF SUCH LICENSE WITH CONDITIONS AND
S. 238 5
PROPOSED ROYALTY FEES AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION,
AT LEAST SIXTY DAYS PRIOR TO SUCH APPROVAL: TO ANY LOCAL UNIT OF GOVERN-
MENT, ANY COMMUNITY OR PUBLIC WATERWORKS OR WATER SUPPLY DISTRICT,
AUTHORITY OR DEPARTMENT, ANY RECOGNIZED TRIBAL SOVEREIGN GOVERNMENT, AND
TO THE APPLICANT; TO BE PUBLISHED IN A PROMINENT NEWSPAPER WITH GENERAL
CIRCULATION IN THE LOCALE OF THE WATER SOURCE OR SUPPLY; AND TO BE POST-
ED ON THE DEPARTMENT'S WEBSITE IN A CONSPICUOUS MANNER. THE DEPARTMENT
MAY ON ITS OWN OR UPON REQUEST OF AN INTERESTED PERSON PROVIDE FOR A
PUBLIC HEARING, WHICH SHALL BE GIVEN THE SAME PUBLIC NOTICE AS PROVIDED
IN THIS PARAGRAPH. SUCH PUBLIC NOTICE SHALL PROVIDE AT LEAST A FORTY-
FIVE DAY COMMENT PERIOD BEFORE APPROVAL OF THE LICENSE. UPON REQUEST OF
A LOCAL UNIT OF GOVERNMENT OR RECOGNIZED TRIBAL SOVEREIGN GOVERNMENT IN
WHICH THE WATER SOURCE OR SUPPLY IS LOCATED, THE DEPARTMENT SHALL MEET
AND CONSULT WITH THE LOCAL UNIT OF GOVERNMENT OR TRIBE NOT LESS THAN
FIFTEEN DAYS BEFORE APPROVAL OF THE LICENSE.
(D) BEFORE APPROVAL AND ISSUANCE OF THE LICENSE, THE DEPARTMENT SHALL
EVALUATE, ASSURE, AND DULY ESTABLISH THAT ALL OF THE FOLLOWING ARE MET:
(I) THE APPLICANT HAS COMPLIED WITH THE PROVISIONS OF THIS TITLE;
(II) THE APPLICANT HAS SHOWN, BASED ON SUBPARAGRAPH (I) OF THIS PARA-
GRAPH AND ALL OTHER AVAILABLE INFORMATION, INCLUDING PUBLIC NOTICE,
HEARING, PARTICIPATION AND COMMENTS OR CONSULTATION WITH LOCAL GOVERN-
MENT, SOVEREIGN TRIBES RECOGNIZED BY TREATY WITH THE FEDERAL GOVERNMENT
OR OTHER INTERESTED PERSONS AS REQUIRED BY PARAGRAPH (D) OF THIS SUBDI-
VISION, THAT THE WITHDRAWAL AND/OR TRANSFER OF THE WATERS OF THE STATE
FOR THE SALE OF BOTTLED WATER IS SUBSTANTIALLY IN THE PUBLIC INTEREST
AND SHALL NOT IMPAIR THE PUBLIC TRUST AND PUBLIC HEALTH, SAFETY, AND
WELFARE;
(III) THE APPLICANT HAS COMPLIED WITH THE APPLICATION AND ROYALTY FEES
REQUIRED BY SUBDIVISION THREE OF THIS SECTION;
(IV) ANY CONDITIONS THE DEPARTMENT SHALL HAVE REQUIRED IN THE LICENSE
OR OTHER AGREEMENT FOR THE PROTECTION AND PROMOTION OF THE WATERS OF THE
STATE, PUBLIC TRUST IN SUCH WATERS AND THE PUBLIC HEALTH, SAFETY, AND
WELFARE OF CITIZENS AND LOCAL COMMUNITY.
3. (A) BEFORE PROCESSING AN APPLICATION FOR A LICENSE UNDER SUBDIVI-
SION TWO OF THIS SECTION, AN APPLICANT SHALL PAY AN APPLICATION FEE OF
FIVE HUNDRED DOLLARS AND A FEE OF FIVE THOUSAND DOLLARS OR MORE AS
DETERMINED BY THE DEPARTMENT FOR REIMBURSEMENT OF THE DEPARTMENT'S
EXPENSES FOR PROCESSING AND EVALUATING THE APPLICATION.
(B) AN APPLICANT SHALL PAY A ROYALTY FEE FOR THE RIGHT TO WITHDRAW,
REMOVE AND/OR TRANSFER THE SOVEREIGN WATERS OF THE STATE OR COMMUNITY
PUBLIC WATER SUPPLY FOR PURPOSES OF THE SALE OF BOTTLED WATER AS
FOLLOWS:
(I) A LICENSEE SHALL PAY A ROYALTY FEE OF NOT LESS THAN TWENTY-FIVE
CENTS PER GALLON FOR THE RIGHT TO WITHDRAW, TAKE AND/OR TRANSFER THE
WATERS OF THE STATE FOR THE SALE OF BOTTLED WATER. SUBJECT TO PUBLIC
NOTICE, HEARING AND COMMENT AS PROVIDED FOR IN SUBDIVISION TWO OF THIS
SECTION, THE DEPARTMENT MAY PROMULGATE A HIGHER FEE PER GALLON BASED ON
A REASONABLE EVALUATION AND DETERMINATION OF FAIR AND ADEQUATE ECONOMIC
VALUE FOR THE RIGHT OF SALE OF BOTTLED WATER FROM THE WATERS OF THE
STATE.
(II) THE LICENSEE OR THE COMMUNITY OR MUNICIPAL PUBLIC WATER SUPPLY
DEPARTMENT OR LOCAL GOVERNMENT, AS THE CASE MAY BE, SHALL FILE ON THE
FIRST DAY OF EACH MONTH, BEGINNING THIRTY DAYS AFTER THE DATE OF THE
LICENSE, A WRITTEN SUMMARY AND REPORT, WITH SUPPORTING DATA AND INFORMA-
TION, THE TOTAL VOLUME OF WATER WITHDRAWN. THE LICENSEE SHALL PAY THE
ROYALTY FEE REQUIRED BY THIS SUBDIVISION ON A QUARTERLY BASIS, BEGINNING
S. 238 6
WITH THE FIRST DAY OF THE QUARTER OF THE YEAR AFTER THE DATE OF THE
APPROVAL AND ISSUANCE OF THE LICENSE. THE DEPARTMENT MAY IMPOSE A LATE
FEE ACCORDING TO A SCHEDULE OF FEES, PAYMENT, OR INTEREST ESTABLISHED BY
THE DEPARTMENT PURSUANT TO RULES PROMULGATED BY THE DEPARTMENT.
(C) THE DEPARTMENT SHALL DEPOSIT THE ROYALTY FEE COLLECTED FROM EACH
LICENSEE INTO THE PUBLIC WATER JUSTICE FUND IN ACCORDANCE WITH ALL
APPLICABLE LAWS AND REGULATIONS.
(D) THE DEPARTMENT'S EXPENSES, INCLUDING ALL REASONABLE EXPENSES
RELATED TO COLLECTION AND MANAGEMENT OF FEES UNDER THIS SECTION, SHALL
BE PAID AND A NET ROYALTY FEE PAYMENT MADE TO THE PUBLIC WATER JUSTICE
FUND ON A QUARTERLY BASIS, BEGINNING WITH THE THIRD QUARTER AFTER THE
EFFECTIVE DATE OF THIS TITLE OR THE ISSUANCE OF THE FIRST LICENSE UNDER
THIS TITLE, WHICHEVER OCCURS FIRST.
(E) WHERE THE WATER IS FROM A WATER SOURCE OR NON-COMMUNITY SUPPLY
THAT IS FROM THE WATERS OF THE STATE, THE NET PROCEEDS FROM EACH LICEN-
SEE SHALL BE DEPOSITED IN THE PUBLIC WATER JUSTICE FUND.
(F) WHERE THE WATER IS FROM A COMMUNITY PUBLIC WATER SUPPLY OR WATER-
WORKS, WHICH WITHDRAWS AND DISTRIBUTES THE WATERS OF THE STATE AS A
PUBLIC SERVICE WITHIN ITS LAWFUL TERRITORY, THE NET PROCEEDS FROM EACH
LICENSE OR OTHER AGREEMENT SHALL BE DEPOSITED IN THE PUBLIC WATER
JUSTICE FUND. FURTHER, THE DEPARTMENT SHALL ALLOCATE AN AMOUNT UP TO
TWENTY-FIVE PERCENT OF THE NET PROCEEDS OF THE PUBLIC WATER JUSTICE FUND
IN ANY CALENDAR YEAR TO THE COMMUNITY PUBLIC WATER SUPPLY DEPARTMENT,
DISTRICT OR AUTHORITY FROM WHICH THE WATER IS WITHDRAWN, TAKEN, DIVERTED
AND/OR TRANSFERRED.
(G) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "NET PROCEEDS"
SHALL MEAN NET PROCEEDS FROM ROYALTIES UNDER THIS SECTION, MINUS COSTS
AND EXPENSES.
4. (A) IN ADDITION TO ALL OTHER REQUIREMENTS OF THIS TITLE, A PERSON
OR OTHER ENTITY SHALL NOT BE PERMITTED TO WITHDRAW AND TRANSFER MORE
THAN FIFTY THOUSAND GALLONS A DAY FOR THE SALE OF BOTTLED WATER AS
SPRING WATER UNLESS IT IS ESTABLISHED BY THE APPLICANT AND DETERMINED BY
THE DEPARTMENT THAT:
(I) THERE IS SUFFICIENT EXISTING ACTUAL DATA AND INFORMATION THAT
CHARACTERIZES TO THE FULLEST EXTENT POSSIBLE THE HYDROLOGICAL AND
GEOLOGICAL CONDITIONS REQUIRED TO ACCURATELY MEASURE AND CALCULATE THE
EFFECT ON THE FLOWS, LEVELS AND OTHER PHYSICAL CONDITIONS OF THE GROUND-
WATER, SPRINGS, WETLANDS, CREEKS, STREAMS, LAKES OR PONDS THAT HAVE A
DIRECT HYDROLOGICAL CONNECTION TO THE SPRING WATER SOURCE; AND
(II) BASED ON THE ACTUAL DATA AND INFORMATION ESTABLISHED UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE WITHDRAWAL AND TRANSFER OF
SPRING WATER SHALL NOT MEASURABLY DIMINISH AND IMPAIR THE FLOW, LEVEL
AND OTHER PHYSICAL PARAMETERS OF THE WETLANDS, CREEKS, STREAMS, LAKES OR
PONDS, FISH AND OTHER WILDLIFE AND PLANT HABITAT OR THE PUBLIC TRUST IN
SUCH FEATURES, WILDLIFE AND HABITAT.
(B) ANY DECISION OR DETERMINATION REQUIRED BY THIS SECTION SHALL TAKE
INTO ACCOUNT AND BE CONDITIONED ON THE POTENTIAL FOR, OR OCCURRENCES OF,
INCREASED INTENSITY AND FREQUENCY OF WEATHER EVENTS DUE TO CHANGES IN
CLIMATE.
§ 15-3511. USE OF PUBLIC WATER JUSTICE FUNDS.
THE DEPARTMENT SHALL DIRECT THE ADMINISTRATION OF THE PUBLIC WATER
JUSTICE FUND IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (F) OF
SUBDIVISION THREE OF SECTION 15-3509 OF THIS TITLE AND SECTION NINETY-
NINE-QQ OF THE STATE FINANCE LAW. IN DIRECTING THE ADMINISTRATION OF
SUCH FUND, THE DEPARTMENT SHALL CONSULT WITH ENVIRONMENTAL JUSTICE
S. 238 7
GROUPS AND OTHER ENVIRONMENTAL JUSTICE EXPERTS AS DETERMINED APPROPRIATE
BY THE DEPARTMENT.
§ 15-3513. RULE MAKING AUTHORITY.
THE DEPARTMENT SHALL BE AUTHORIZED TO PROMULGATE ANY RULES AND REGU-
LATIONS IT MAY DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
§ 4. The state finance law is amended by adding a new section 99-qq to
read as follows:
§ 99-QQ. PUBLIC WATER JUSTICE FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "PUBLIC WATER JUSTICE
FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE STATE,
PURSUANT TO THE PROVISIONS OF TITLE THIRTY-FIVE OF ARTICLE FIFTEEN OF
THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING BUT NOT LIMITED TO ALL
BONUSES, RENTALS, DELAYED RENTALS, ROYALTIES, PENALTIES OR FINES FOR
NON-COMPLIANCE COLLECTED BY, OR RESERVED BY, THE STATE UNDER THE
LICENSES FOR THE SALE OF BOTTLED WATER ESTABLISHED PURSUANT TO SUCH
TITLE.
3. (A) THE MONEYS IN SUCH FUND SHALL BE EXPENDED FOR THE FOLLOWING
PURPOSES:
(I) ASSISTANCE FOR WATER AFFORDABILITY PLANS OR OTHER MEASURES,
INCLUDING INCOME AFFORDABILITY, ASSURED LOW-COST MINIMUM WATER USE AND
CONSERVATION, INNOVATIVE PRICING, RATES, TIERS OF WATER USE AND CONSER-
VATION, TO ASSURE EQUITABLE AND AFFORDABLE ACCESS TO CLEAN, SAFE WATER
AND SANITATION;
(II) PROTECTION, CONSERVATION, EFFICIENCY, SUSTAINABILITY AND CLEANUP
TO ASSURE SAFE, CLEAN AND ADEQUATE GROUNDWATER AND SURFACE WATER SOURCES
FOR DRINKING WATER AND WATER SUPPLIES WITHIN THE STATE, INCLUDING BUT
NOT LIMITED TO, NEW TECHNOLOGIES, GREEN INFRASTRUCTURE AND ENHANCED
RESILIENCY AND ADAPTABILITY TO PREDICT EXTREME WEATHER EVENTS OR CLIMAT-
IC CHANGES;
(III) PROTECTION OF PUBLIC HEALTH AND INDIVIDUAL HEALTH NEEDS DIRECTLY
RELATED TO INVESTIGATION, MEDICAL EXAMINATION AND WATER QUALITY AND
MEDICAL MONITORING; AND
(IV) REPAIR, IMPROVEMENT OR REPLACEMENT OF ANY LINE THAT IS DETERMINED
TO BE A HEALTH RISK TO THOSE WHO OCCUPY ANY SINGLE OR MULTI-FAMILY RESI-
DENTIAL DWELLING UNIT THAT CONNECTS TO THE PUBLIC WATER MAIN OR PIPELINE
SYSTEM.
(B) ANY INTERESTED MUNICIPAL PUBLIC WATER SUPPLY DEPARTMENT, DISTRICT,
AUTHORITY, OR LOCAL GOVERNMENT, OR ANY PERSON WHO LIVES WITHIN THE
TERRITORY OR IS SERVED BY A COMMUNITY PUBLIC WATER WORKS OR PUBLIC WATER
UTILITY MAY APPLY FOR A GRANT FOR ONE OR MORE OF THE DEDICATED PURPOSES
OF THE PUBLIC WATER JUSTICE FUND UNDER THIS SECTION. THE APPLICATION,
PROCESS, PUBLIC NOTICE, MEETINGS, AND DECISIONS SHALL BE PROCESSED BY
THE DEPARTMENT. THE DEPARTMENT SHALL APPORTION AND ALLOCATE THE GRANTS
OF AVAILABLE FUNDS IN ANY GIVEN HEARING IN A FAIR AND PROPORTIONATE
MANNER AMONG APPLICANTS THAT IN THE DISCRETION OF THE DEPARTMENT BEST
MEETS THE INTENT AND DEDICATED PURPOSES OF TITLE THIRTY-FIVE OF ARTICLE
FIFTEEN OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY RULES OR REGU-
LATIONS PROMULGATED THERETO; EXCEPT THAT THERE SHALL BE A PREFERENCE FOR
UP TO THIRTY PERCENT OF THE FUND DISTRIBUTED IN ANY YEAR FOR ASSISTANCE
FOR AFFORDABILITY, DISADVANTAGED COMMUNITIES AND PUBLIC HEALTH.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
S. 238 8
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
