BILL NUMBER: S1610

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
requiring for construction activities that require a state pollutant
discharge elimination system permit owners and operators to submit a
copy of the required public notice

 
PURPOSE OR GENERAL IDEA OF BILL:

To enhance municipal awareness of construction activities that may
increase flooding by requiring notice to affected counties, and requir-
ing counties to publish that notice on their websites.

 
SUMMARY OF PROVISIONS:

Section 1 requires that the owner or operator applying for a Stormwater
Permit for Construction Activity shall provide notice of the permit
application and project details to the counties where waters would be
affected. The counties must then publish that notice on their websites.
              

Section 2 sets the effective date.

 
JUSTIFICATION:

A wide variety of construction projects increase the risk of flooding
downstream. Land disturbance, and the construction of impermeable
surfaces in particular, contributes to increased runoff that fills our
streams, rivers, lakes, and other water bodies.

To address this, the Federal Clean Water Act regulates such construction
as a "point source" of water pollution. New York State, under authority
delegated by the Federal government, implements the Clean Water Act, and
in this case that includes the requirement to obtain a permit prior to
engaging in such construction activities.  This permitting requirement
is triggered whenever there will be a soil disturbance of more than one
acre (or more than 5,000 square feet in the New York City East of Hudson
watershed). As part of the permitting process, the permit applicant must
circulate notice of the completed permit application and attendant
information about the project for public awareness and comment, but the
current statutory requirements are limited to notice being "circulated
in a manner designed to inform interested and potentially interested
persons and any other state, the waters of which may be affected."

This is notable because downstream communities that may be affected by
such increased flooding risk are often not aware of the construction
project, and consequently do not engage in the permitting process.  This
is a missed opportunity for those communities to comment and request
changes that may mitigate potential flooding impacts.

This bill requires the permit applicant to also send the notice to coun-
ties where the watersheds may be affected, and further requires that
those counties then publish that notice on their website. This will
hopefully spur additional engagement and activity on the part of the
county and raise awareness for downstream municipalities who might also
wish to engage.

 
PRIOR LEGISLATIVE HISTORY:

2023-2024: S8170 - Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
180 days after becoming law.