New York A 4514: Establishes the nutrient inactivant application permit

Bill Text

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A04514 Summary:

BILL NOA04514A

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SAME ASSAME AS S05936-A

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SPONSORLevenberg

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COSPNSRBurdick, Paulin, Slater, Brabenec, Walsh, Otis, Schiavoni, Woerner, Smullen, Brown K, Septimo, Kay,
 Kassay, McMahon, Colton, Manktelow, Sempolinski, Tague, Bailey

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MLTSPNSR

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

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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 A04514 Actions:

BILL NOA04514A

&nbsp

02/04/2025referred to environmental conservation

04/17/2025amend and recommit to environmental conservation

04/17/2025print number 4514a

01/07/2026referred to environmental conservation

Go to topA04514 Committee&nbspVotes:

Go to topA04514 Floor&nbspVotes:

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

Go to topA04514 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4514--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. LEVENBERG, BURDICK, PAULIN, SLATER, BRABENEC,
 WALSH -- read once and referred to the Committee on Environmental
 Conservation -- 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.
 22 4. "Nutrient inactivant applicator" shall be a person certified by the
 23 department pursuant to section 17-2303 of this title.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08549-03-5

 A. 4514--A 2

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