S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6928
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the department of environmental conservation from issuing
   or authorizing any permits to  new  or  expanding  large  concentrated
   animal feeding operations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 17-0709 to read as follows:
 §  17-0709. APPLICATIONS  FOR A PERMIT FOR THE OPERATION OF CONCENTRATED
              FEEDING OPERATIONS IN WHICH LIVESTOCK  ARE  KEPT;  PROHIBI-
              TION.
   1.  THE DEPARTMENT SHALL NOT ISSUE A LICENSE OR PERMIT OR APPROVAL FOR
 THE OPERATION OF A NEW LARGE CONCENTRATED ANIMAL FEEDING  OPERATION,  OR
 AN ADDITION TO, OR EXPANSION OF, AN EXISTING ANIMAL FEEDING OPERATION IF
 THE  ADDITION  OR  EXPANSION WOULD CAUSE THE ANIMAL FEEDING OPERATION TO
 BECOME A LARGE CONCENTRATED ANIMAL FEEDING  OPERATION  OR  INCREASE  THE
 ANIMAL  STABLING  OR  CONFINEMENT  CAPACITY OF AN EXISTING LARGE CONCEN-
 TRATED ANIMAL FEEDING OPERATION.
   2. AS USED IN THIS SECTION, "LARGE CONCENTRATED ANIMAL FEEDING  OPERA-
 TION" SHALL HAVE THE SAME MEANING AS DEFINED IN 6 NYCRR 750-1.2(A)(23).
   3.  NOTHING  IN THIS SECTION SHALL BE INTERPRETED TO PROHIBIT A PERSON
 FROM OPERATING AN ANIMAL FEEDING OPERATION, IF PRIOR  TO  THE  EFFECTIVE
 DATE  OF THIS SECTION, SUCH PERSON HAS ALREADY RECEIVED A PERMIT FOR THE
 OPERATION OF AN ANIMAL FEEDING OPERATION AS OTHERWISE ALLOWED UNDER THIS
 CHAPTER.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 17-0833 to read as follows:
 § 17-0833. GENERAL  PERMIT  FOR  CONCENTRATED ANIMAL FEEDING OPERATIONS;
              MODIFICATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10880-01-5
              

 A. 6928                             2
 
   1. THE DEPARTMENT SHALL REVISE THE SPDES GENERAL  PERMIT  FOR  CONCEN-
 TRATED  ANIMAL FEEDING OPERATIONS, PERMIT NUMBER GP-0-22-001, TO REQUIRE
 ADDITIONAL, INDEPENDENT APPROVAL FROM THE DEPARTMENT  FOR  ANY  PROPOSED
 EXPANSION  TO  THE  OPERATION OF A CONCENTRATED ANIMAL FEEDING OPERATION
 WHICH WILL RESULT IN AN INCREASED ANIMAL CONFINEMENT CAPACITY.
   2.  IF  A  PROPOSED  EXPANSION TO THE OPERATION OF AN EXISTING CONCEN-
 TRATED ANIMAL FACILITY OPERATION WOULD CAUSE THE ANIMAL  FEEDING  OPERA-
 TION TO BECOME A LARGE CONCENTRATED ANIMAL FEEDING OPERATION, AS DEFINED
 IN  6  NYCRR  750-1.2(A)(23),  OR  INCREASE  THE STABLING OR CONFINEMENT
 CAPACITY OF AN EXISTING LARGE CONCENTRATED ANIMAL FEEDING OPERATION, THE
 DEPARTMENT SHALL DENY THE PROPOSED EXPANSION.
   § 3. Paragraph a of subdivision 5 of section 17-0701 of  the  environ-
 mental  conservation  law, as amended by chapter 801 of the laws of 1973
 and such subdivision as renumbered by chapter 701 of the laws  of  1994,
 is amended and a new subdivision 10 is added to read as follows:
   a.  EXCEPT  AS  PROVIDED  IN  SUBDIVISION  TEN OF THIS SECTION, if the
 commissioner finds on the basis of the submitted  plans  or  application
 that  the discharge from the outlet or point source or modified disposal
 system will not be in contravention of the standards, criteria,  limita-
 tions, rules and regulations adopted or applied by the department; or
   10. IN THE CASE OF A CONCENTRATED ANIMAL FEEDING OPERATION, AS DEFINED
 IN  6  NYCRR  750-1.2(A)(23),  THE  COMMISSIONER SHALL NOT ISSUE A SPDES
 PERMIT OF ANY KIND, REGARDLESS OF WHETHER THE PERMIT CONSTITUTES A SPDES
 GENERAL PERMIT OR AN INDIVIDUAL SPDES PERMIT, TO AN OWNER OR OPERATOR OF
 AN OPERATION THAT FITS THE REGULATORY DEFINITION OF A LARGE CONCENTRATED
 ANIMAL FEEDING OPERATION.
   § 4. Subdivision 2 of section 17-0703 of the  environmental  conserva-
 tion  law,  as separately amended by chapters 400 and 801 of the laws of
 1973, is amended and a new subdivision 3 is added to read as follows:
   2. [Public] EXCEPT AS PROVIDED IN SUBDIVISION THREE OF  THIS  SECTION,
 PUBLIC  hearings,  on due notice, shall be conducted by the commissioner
 or by [his] SUCH COMMISSIONER'S designated representative in  connection
 with  the  issuance  of  any  order  or determination denying, revoking,
 continuing or modifying a permit as provided by section 17-0701 OF  THIS
 TITLE,  paragraph  f of subdivision 4 of section 17-0303 OF THIS ARTICLE
 and title 8 [hereof] OF THIS ARTICLE, unless the applicant or  permittee
 waives  said  hearing in writing and no request for a public hearing has
 been received from any interested party.
   3. IN THE CASE OF A LARGE CONCENTRATED ANIMAL  FEEDING  OPERATION,  AS
 DEFINED  IN  6  NYCRR  750-1.2(A)(23), AN APPLICANT IS NOT ENTITLED TO A
 PUBLIC HEARING IN RESPONSE TO THE DENIAL OF A PERMIT APPLICATION.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.