New York S 4405: Establishes the public water justice act

Bill Text

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S04405 Summary:

BILL NOS04405 

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SAME ASSAME AS A08163

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SPONSORMAY

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COSPNSR

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MLTSPNSR

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Amd §§15-0109, 15-1503 & 15-1502, add §15-1508, En Con L; add §99-ss, St Fin L

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Establishes the public water justice act; prohibits sale of waters of the state unless otherwise specifically authorized; establishes a public water justice fund for royalties and fees collected from persons or entities authorized to sell waters of the state.

Go to top S04405 Actions:

BILL NOS04405 

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02/04/2025REFERRED TO ENVIRONMENTAL CONSERVATION

01/07/2026REFERRED TO ENVIRONMENTAL CONSERVATION

Go to topS04405 Committee&nbspVotes:

Go to topS04405 Floor&nbspVotes:

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

Go to topS04405 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4405

 2025-2026 Regular Sessions

 IN SENATE

 February 4, 2025
 ___________

 Introduced by Sen. MAY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Environmental Conservation

 AN ACT to amend the environmental conservation law and the state finance
 law, in relation to establishing the public water justice act

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

 1 Section 1. This act shall be known and may be cited as the "public
 2 water justice act".
 3 § 2. Legislative findings and intent. The legislature hereby finds
 4 that:
 5 1. The waters of the state are held by the state as sovereign and in
 6 public trust for the benefit of the people of the state of New York.
 7 2. As trustee, the state of New York shall protect and sustain the
 8 integrity of flows, levels, and quality of water, fish and aquatic habi-
 9 tat for the use and enjoyment by citizens now and in the future.
 10 3. As trustee, and based on the paramount public interest in the
 11 waters of the state and public health of its citizens, the state shall
 12 provide for and protect the right of access to safe drinking water,
 13 water sources, public water supply, public waterworks and infrastruc-
 14 ture, public health, and fishing, navigation, recreation, conservation,
 15 and the reasonable use of water in connection with the ownership or
 16 lawful occupancy of land, not limited to domestic, agricultural, commer-
 17 cial, industrial and public utility uses.
 18 § 3. Section 15-0109 of the environmental conservation law is amended
 19 to read as follows:
 20 § 15-0109. General jurisdiction.
 21 The department shall exercise its powers and perform its duties in any
 22 matter affecting the construction of improvements to or developments of
 23 water resources for the public health, safety or welfare, including but
 24 not limited to the supply of potable waters for the various munici-
 25 palities and inhabitants thereof, the use of water for industrial,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08602-01-5

 S. 4405 2

 1 commercial, and agricultural operations, the developed and undeveloped
 2 water power of the state, the facilitation of proper drainage and the
 3 regulation of flow and improvement of the rivers of the state.
 4 § 4. Subdivisions 13 and 16 of section 15-1502 of the environmental
 5 conservation law, as added by chapter 401 of the laws of 2011, are
 6 amended and fifteen new subdivisions 17, 18, 19, 20, 21, 22, 23, 24, 25,
 7 26, 27, 28, 29, 30 and 31 are added to read as follows:
 8 13. "Public water supply system" shall mean a permanently installed
 9 water withdrawal system including its source, collection, pumping,
 10 treatment, transmission, storage and distribution facilities used in
 11 connection with such system, which provides piped potable water to the
 12 public for potable purposes, if such system has at least five service
 13 connections used by year-round residents, a system that consists solely
 14 of customer site piping.
 15 16. "Withdrawal" or "withdrawal of water" shall mean the removal or
 16 taking of water for any purpose from the waters of the state, including
 17 surface water or ground water.
 18 17. "Affordability" means measures or other assistance to assure equal
 19 access to adequate clean, safe water and sa