S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1766
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by M. of A. MAGEE -- read once and referred 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
       A. 1766                             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.