STATE OF NEW YORK ________________________________________________________________________ 4514 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 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. LBD08549-01-5
A. 4514 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. Notwithstanding any other provision of law or regulation under this 12 title, a person who has a valid nutrient inactivant application permit 13 issued by the commissioner may engage in the commercial application of 14 nutrient inactivants. 15 2. Application for a nutrient inactivant application permit shall be 16 made to the commissioner. The application shall be on a form prescribed 17 by the commissioner and shall be accompanied by the fee or fees provided 18 in section 17-0821 of this article. The application shall set forth the 19 reasons for why the applicant is applying for the permit, including: 20 (a) the water bodies for which the applicant seeks to use a nutrient 21 inactivant under the permit; 22 (b) what other measures have been taken for the control of phosphorus 23 and harmful algal blooms with respect to the relevant waterbodies, 24 including mechanical methods of control, and the outcomes of those meas- 25 ures taken; and 26 (c) why the use of a nutrient inactivant would be more appropriate 27 than other methods of control. 28 3. An applicant for a nutrient inactivant application permit shall: 29 (a) provide proof to the commissioner of such applicant's knowledge of 30 the safe and proper use, handling, storage and disposal of nutrient 31 inactivants and application equipment and/or satisfy the commissioner as 32 to the applicant's knowledge and experience concerning the proper use, 33 handling, storage, and disposal of nutrient inactivants and application 34 equipment; and 35 (b) be a certified pesticide applicator, as provided in section 36 33-0905 of this chapter, qualified to apply pesticides to standing or 37 running water, and be employed by, or the owner or agent of a registered 38 pesticide business or agency. 39 4. Nutrient inactivant application permits shall be valid for three 40 years after which every permit must be renewed. 41 5. A person with a valid nutrient inactivant application permit shall 42 maintain such records and shall furnish such reports concerning the 43 application of nutrient inactivants as the commissioner shall require. 44 All records required to be kept under this section shall be available 45 for inspection by the commissioner. 46 § 17-2305. Denial or revocation of permits. 47 The commissioner, after due notice and opportunity of hearing to an 48 applicant or person with a valid nutrient inactivant application permit, 49 may deny an application or revoke a permit pursuant to title eight of 50 this article. 51 § 17-2307. Permit fees. 52 All fees established by the commissioner pursuant to this title shall 53 be the same as those established by section 17-0821 of this article. 54 § 17-2309. Regulations. 55 The department shall promulgate regulations for the implementation of 56 this title.
A. 4514 3 1 § 2. Section 33-0103 of the environmental conservation law is amended 2 by adding a new subdivision 4 to read as follows: 3 4. This article shall not apply to the application of nutrient inacti- 4 vants, as such term is defined in section 17-2301 of this chapter, by a 5 person holding a nutrient inactivant application permit under title 6 twenty-three of article seventeen of this chapter. 7 § 3. The environmental conservation law is amended by adding a new 8 section 17-0833 to read as follows: 9 § 17-0833. SPDES permits; nutrient inactivant application permit. 10 For the purposes of this title, nutrient inactivant application 11 permits issued under title twenty-three of this article shall be consid- 12 ered a special type of SPDES permit. SPDES permits shall not be issued 13 for the application of nutrient inactivants, as such term is defined in 14 section 17-2301 of this article, except as provided for under title 15 twenty-three of this article. 16 § 4. The environmental conservation law is amended by adding a new 17 section 71-1947 to read as follows: 18 § 71-1947. Enforcement of title 23 of article 17. 19 Any person who violates any provision of title 23 of article 17 or any 20 rule, regulation or order issued thereunder shall be liable to the 21 people of this state for a civil penalty of up to one thousand dollars 22 for a first violation to be assessed by the commissioner after a hearing 23 or opportunity to be heard. In determining the amount of the penalty, 24 the commissioner shall take into account whether the violation posed an 25 immediate threat to the environment or the health and safety of the 26 public. Any subsequent violation of this title and/or any provision of 27 this article as it relates to the application of nutrient inactivants 28 shall be treated as a violation to which section 71-1929 of this title 29 applies. 30 § 5. This act shall take effect on the one hundred eightieth day 31 after it shall have become a law. Effective immediately, the addition, 32 amendment and/or repeal of any rule or regulation necessary for the 33 implementation of this act on its effective date are authorized to be 34 made and completed on or before such effective date.