New York S 5936: Establishes the nutrient inactivant application permit

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S05936 Summary:

BILL NOS05936A

&nbsp

SAME ASSAME AS A04514-A

&nbsp

SPONSORHARCKHAM

&nbsp

COSPNSRBORRELLO, FAHY, HINCHEY, ROLISON, TEDISCO

&nbsp

MLTSPNSR

&nbsp

Add Art 17 Title 23 §§17-2301 - 17-2309, §§17-0833 & 71-1947, amd §33-0103, En Con L

&nbsp

Establishes the nutrient inactivant application permit to allow for the use of products used for controlling phosphorus levels in lakes or ponds to prevent and inhibit harmful algal blooms.

Go to top S05936 Actions:

BILL NOS05936A

&nbsp

03/04/2025REFERRED TO ENVIRONMENTAL CONSERVATION

04/02/2025REPORTED AND COMMITTED TO FINANCE

04/14/2025AMEND AND RECOMMIT TO FINANCE

04/14/2025PRINT NUMBER 5936A

01/07/2026REFERRED TO ENVIRONMENTAL CONSERVATION

05/20/2026REPORTED AND COMMITTED TO FINANCE

06/03/2026COMMITTEE DISCHARGED AND COMMITTED TO RULES

06/03/2026ORDERED TO THIRD READING CAL.1617

06/03/2026PASSED SENATE

06/03/2026DELIVERED TO ASSEMBLY

Go to topS05936 Committee&nbspVotes:

Go to topS05936 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05936 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5936--A

 2025-2026 Regular Sessions

 IN SENATE

 March 4, 2025
 ___________

 Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
 printed to be committed to the Committee on Environmental Conservation
 -- reported favorably from said committee and committed to the Commit-
 tee on Finance -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee

 AN ACT to amend the environmental conservation law, in relation to
 establishing nutrient inactivant application permits

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Article 17 of the environmental conservation law is amended
 2 by adding a new title 23 to read as follows:
 3 TITLE 23
 4 SPECIAL PERMITS FOR APPLICATION OF NUTRIENT
 5 INACTIVANTS
 6 Section 17-2301. Definitions.
 7 17-2303. Nutrient inactivant application permits.
 8 17-2305. Denial or revocation of permits.
 9 17-2307. Permit fees.
 10 17-2309. Regulations.
 11 § 17-2301. Definitions.
 12 As used in this title the following terms shall have the following
 13 meanings:
 14 1. "Nutrient inactivant application business" shall mean a business
 15 that commercially applies nutrient inactivants.
 16 2. "Nutrient inactivants" shall mean products used for controlling
 17 phosphorus levels in lakes or ponds to prevent and inhibit harmful algal
 18 blooms including aluminum sulfate, sodium aluminate, lanthanum, and
 19 other such products as determined by the department.
 20 3. "Application of nutrient inactivants" shall mean the commercial
 21 application of nutrient inactivants.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08549-02-5

 S. 5936--A 2

 1 4. "Nutrient inactivant applicator" shall be a person certified by the
 2 department pursuant to section 17-2303 of this title.
 3 5. "Nutrient inactivant application permit" shall mean a special SPDES
 4 permit issued under this title for the application of nutrient inacti-
 5 vants. Such permit shall be considered a SPDES permit issued under title
 6 eight of this article and shall have the same requirements and privi-
 7 leges as a SPDES permit issued under title eight of this article;
 8 provided, however, where the requirements and privileges of a permit
 9 issued under this title is inconsistent with that of a permit issued
 10 under title eight of this article, the requirements and privileges
 11 described in this title shall apply.
 12 § 17-2303. Nutrient inactivant application permits.
 13 1. A person who has a valid nutrient inactivant application permit
 14 issued by the commissioner may engage in the commercial application of
 15 nutrient inactivants in compliance with this title.
 16 2. Application for a nutrient inactivant application permit shall be
 17 made to the commissioner. The application shall be on a form prescribed
 18 by the commissioner and shall be accompanied by the fee or fees provided
 19 in section 17-0821 of this article. The application shall set forth the
 20 reasons for why the applicant is applying for