S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2313
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 22, 2015
                                      ___________
       Introduced by Sens. RITCHIE, GALLIVAN, RANZENHOFER, SEWARD -- 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 water withdrawal reporting  and  FOIL
         protection
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 151-h of the agriculture and markets law, as  added
    2  by chapter 136 of the laws of 2000, is amended to read as follows:
    3    S  151-h.  Report.  The department, in conjunction with the state soil
    4  and water conservation committee, shall report annually to the governor,
    5  the legislature and participating agencies on the progress  of  the  AEM
    6  program,  including  an assessment of program effectiveness in achieving
    7  state water quality  objectives,  public  and  private  program  partic-
    8  ipation,  and such other information as the department and the committee
    9  deem appropriate. SUCH REPORT SHALL  ALSO  INCLUDE,  AFTER  CONSULTATION
   10  WITH  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE NUMBER OF ANNUAL
   11  REGISTRATIONS FOR AGRICULTURAL WATER WITHDRAWALS EXCEEDING AN AVERAGE OF
   12  MORE THAN ONE HUNDRED THOUSAND GALLONS PER DAY IN ANY CONSECUTIVE THIRTY
   13  DAY PERIOD AS PROVIDED FOR  IN  SECTION  15-1504  OF  THE  ENVIRONMENTAL
   14  CONSERVATION LAW.
   15    S  2. Section 15-1504 of the environmental conservation law is amended
   16  by adding a new subdivision 6 to read as follows:
   17    6. DISCLOSURE.
   18    A.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ANY  INFORMATION
   19  COLLECTED  PURSUANT  TO  SUBPARAGRAPH  ONE OF PARAGRAPH B OF SUBDIVISION
   20  THREE OF THIS SECTION OR SUBPARAGRAPH ONE OF PARAGRAPH A OF  SUBDIVISION
   21  FOUR  OF THIS SECTION SHALL NOT BE SUBJECT TO DISCLOSURE UNDER THE FREE-
   22  DOM OF INFORMATION LAW PURSUANT TO ARTICLE SIX OF  THE  PUBLIC  OFFICERS
   23  LAW.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05625-01-5
       S. 2313                             2
    1    B. ANY REPORTS TO OUTSIDE PARTIES FOR RESEARCH OR OTHER PURPOSES SHALL
    2  BE  REDACTED  TO  EXCLUDE  ANY  INFORMATION  ABOUT:  A WATER SOURCE, THE
    3  LOCATION OF A WATER SOURCE, THE CAPACITY OF  A  WATER  SOURCE,  AND  THE
    4  PLACE  AND  SOURCE OF A PROPOSED OR EXISTING WITHDRAWAL THAT IS GATHERED
    5  PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH B OF SUBDIVISION THREE OF THIS
    6  SECTION  OR  SUBPARAGRAPH ONE OF PARAGRAPH A OF SUBDIVISION FOUR OF THIS
    7  SECTION.
    8    S 3. This act shall take effect immediately.