STATE OF NEW YORK ________________________________________________________________________ 6928 2025-2026 Regular Sessions IN ASSEMBLY March 18, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to prohibiting the department of environmental conservation from issuing or authorizing any permits to new or expanding large concentrated animal feeding operations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The environmental conservation law is amended by adding a 2 new section 17-0709 to read as follows: 3 § 17-0709. Applications for a permit for the operation of concentrated 4 feeding operations in which livestock are kept; prohibi- 5 tion. 6 1. The department shall not issue a license or permit or approval for 7 the operation of a new large concentrated animal feeding operation, or 8 an addition to, or expansion of, an existing animal feeding operation if 9 the addition or expansion would cause the animal feeding operation to 10 become a large concentrated animal feeding operation or increase the 11 animal stabling or confinement capacity of an existing large concen- 12 trated animal feeding operation. 13 2. As used in this section, "large concentrated animal feeding opera- 14 tion" shall have the same meaning as defined in 6 NYCRR 750-1.2(a)(23). 15 3. Nothing in this section shall be interpreted to prohibit a person 16 from operating an animal feeding operation, if prior to the effective 17 date of this section, such person has already received a permit for the 18 operation of an animal feeding operation as otherwise allowed under this 19 chapter. 20 § 2. The environmental conservation law is amended by adding a new 21 section 17-0833 to read as follows: 22 § 17-0833. General permit for concentrated animal feeding operations; 23 modification. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10880-01-5
A. 6928 2 1 1. The department shall revise the SPDES general permit for concen- 2 trated animal feeding operations, permit number GP-0-22-001, to require 3 additional, independent approval from the department for any proposed 4 expansion to the operation of a concentrated animal feeding operation 5 which will result in an increased animal confinement capacity. 6 2. If a proposed expansion to the operation of an existing concen- 7 trated animal facility operation would cause the animal feeding opera- 8 tion to become a large concentrated animal feeding operation, as defined 9 in 6 NYCRR 750-1.2(a)(23), or increase the stabling or confinement 10 capacity of an existing large concentrated animal feeding operation, the 11 department shall deny the proposed expansion. 12 § 3. Paragraph a of subdivision 5 of section 17-0701 of the environ- 13 mental conservation law, as amended by chapter 801 of the laws of 1973 14 and such subdivision as renumbered by chapter 701 of the laws of 1994, 15 is amended and a new subdivision 10 is added to read as follows: 16 a. except as provided in subdivision ten of this section, if the 17 commissioner finds on the basis of the submitted plans or application 18 that the discharge from the outlet or point source or modified disposal 19 system will not be in contravention of the standards, criteria, limita- 20 tions, rules and regulations adopted or applied by the department; or 21 10. In the case of a concentrated animal feeding operation, as defined 22 in 6 NYCRR 750-1.2(a)(23), the commissioner shall not issue a SPDES 23 permit of any kind, regardless of whether the permit constitutes a SPDES 24 general permit or an individual SPDES permit, to an owner or operator of 25 an operation that fits the regulatory definition of a large concentrated 26 animal feeding operation. 27 § 4. Subdivision 2 of section 17-0703 of the environmental conserva- 28 tion law, as separately amended by chapters 400 and 801 of the laws of 29 1973, is amended and a new subdivision 3 is added to read as follows: 30 2. [Public] Except as provided in subdivision three of this section, 31 public hearings, on due notice, shall be conducted by the commissioner 32 or by [his] such commissioner's designated representative in connection 33 with the issuance of any order or determination denying, revoking, 34 continuing or modifying a permit as provided by section 17-0701 of this 35 title, paragraph f of subdivision 4 of section 17-0303 of this article 36 and title 8 [hereof] of this article, unless the applicant or permittee 37 waives said hearing in writing and no request for a public hearing has 38 been received from any interested party. 39 3. In the case of a large concentrated animal feeding operation, as 40 defined in 6 NYCRR 750-1.2(a)(23), an applicant is not entitled to a 41 public hearing in response to the denial of a permit application. 42 § 5. This act shall take effect on the ninetieth day after it shall 43 have become a law.