Requires for construction activities that require a state pollutant discharge elimination system permit owners and operators to submit a copy of the required…

• Democratic2
• Republican1

◆ The sponsor's argument

Why Pete Harckham says this is needed

A wide variety of construction projects increase the risk of flooding downstream. Land disturbance, and the construction of impermeable surfaces in particular, contributes to increased runoff that fills our streams, rivers, lakes, and other water bodies. To address this, the Federal Clean Water Act regulates such construction as a "point source" of water pollution. New York State, under authority delegated by the Federal government, implements the Clean Water Act, and in this case that includes the requirement to obtain a permit prior to engaging in such construction activities. This permitting requirement is triggered whenever there will be a soil disturbance of more than one acre (or more than 5,000 square feet in the New York City East of Hudson watershed). As part of the permitting process, the permit applicant must circulate notice of the completed permit application and attendant information about the project for public awareness and comment, but the current statutory requirements are limited to notice being "circulated in a manner designed to inform interested and potentially interested persons and any other state, the waters of which may be affected." This is notable because downstream communities that may be affected by such increased flooding risk are often not aware of the construction project, and consequently do not engage in the permitting process. This is a missed opportunity for those communities to comment and request changes that may mitigate potential flooding impacts. This bill requires the permit applicant to also send the notice to coun- ties where the watersheds may be affected, and further requires that those counties then publish that notice on their website. This will hopefully spur additional engagement and activity on the part of the county and raise awareness for downstream municipalities who might also wish to engage.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.