§ 15-1613. Procedure for gubernatorial approval pursuant to Public Law 99-662. Upon receipt of a request for approval pursuant to Public Law 99-662 of a proposed interbasin diversion from the Great Lakes basin: 1. The department shall notify the person requesting such approval whether sufficient information has accompanied the request or is otherwise available to permit an evaluation of the request. 2. The department shall notify other state agencies, including the departments of health, economic development, agriculture and markets, transportation, state and public service, the power authority of the state of New York and the state energy office of such request and shall solicit their comments thereon. Notification shall be given and comments solicited from the International Joint Commission, the Great Lakes Commission, and other appropriate federal agencies. 3. The department shall publish a notice in the environmental notice bulletin containing the following information: a. The name of the person, their relevant affiliation, and originating state or province requesting approval of the diversion; b. A description of the proposed diversion, including the location and size of such diversion, and the state or province to which the water will be diverted; and c. The name and address where more information may be obtained. Such notice shall also provide for a public comment period of at least thirty days. The commissioner shall hold a legislative hearing on the request. 4. Within sixty days of the close of the public comment period or the public hearing, whichever is later, the department shall transmit a report to the governor or his designee, and the legislature, summarizing all comments received from state, federal, and interstate agencies and the public and making a recommendation on the request for approval and evaluating whether: a. The proposed withdrawal is consistent with any applicable state plans, including the water resources management strategies developed pursuant to title twenty-nine of this article, for present or future uses of the waters of the Great Lakes basin; b. Both the current water use of the person requesting approval and such person's proposed plans for withdrawal, transportation, development and use of water resources incorporate maximum economically feasible conservation practices; c. The proposed withdrawal and uses will have a significant adverse impact on navigation within the Great Lakes basin; d. The proposed withdrawal and uses are consistent with the protection of public health, safety and welfare in the Great Lakes basin and will not be detrimental to the public interest or the public trust in the waters of the Great Lakes basin; e. Each basin, region, state or province to which the water will be diverted has developed and is implementing a plan to manage and conserve its own water quantity resources, and whether further development of its own water resources is economically impracticable or would have a substantial adverse economic, social or environmental impact; f. The application will impair the ability of the Great Lakes basin to meet its own water needs; g. The proposed withdrawal and uses alone, or in combination with other water uses, will have a significant adverse impact on lake levels, water use, or the environment or the ecosystem of the Great Lakes basin, including the quality and quantity of the waters of the Great Lakes basin and its related land resources; andh. Whether the proposed withdrawal is consistent with all applicable federal, regional and interstate and international water resources plans. 5. The governor or the governor's designee shall, upon receipt of such report, prepare a statement setting forth the governor's approval or disapproval of the proposed diversion and the reasons therefor, provided that: (i) proposed diversions within New York state that would originate in New York state are prohibited unless otherwise authorized by the governor and the legislature. (ii) for all other proposed interbasin diversions, the governor shall have exclusive power of approval or disapproval.
§ 15-1613. Procedure for gubernatorial approval pursuant to Public Law 99-662. Upon receipt of a request for approval pursuant to Public Law 99-662 of a proposed interbasin diversion from the Great Lakes basin: 1. The department shall notify the person requesting such approval whether sufficient information has accompanied the request or is otherwise available to permit an evaluation of the request. 2. The department shall notify other state agencies, including the departments of health, economic development, agriculture and markets, transportation, state and public service, the power authority of the state of New York and the state energy office of such request and shall solicit their comments thereon. Notification shall be given and comments solicited from the International Joint Commission, the Great Lakes Commission, and other appropriate federal agencies. 3. The department shall publish a notice in the environmental notice bulletin containing the following information: a. The name of the person, their relevant affiliation, and originating state or province requesting approval of the diversion; b. A description of the proposed diversion, including the location and size of such diversion, and the state or province to which the water will be diverted; and c. The name and address where more information may be obtained. Such notice shall also provide for a public comment period of at least thirty days. The commissioner shall hold a legislative hearing on the request. 4. Within sixty days of the close of the public comment period or the public hearing, whichever is later, the department shall transmit a report to the governor or his designee, and the legislature, summarizing all comments received from state, federal, and interstate agencies and the public and making a recommendation on the request for approval and evaluating whether: a. The proposed withdrawal is consistent with any applicable state plans, including the water resources management strategies developed pursuant to title twenty-nine of this article, for present or future uses of the waters of the Great Lakes basin; b. Both the current water use of the person requesting approval and such person's proposed plans for withdrawal, transportation, development and use of water resources incorporate maximum economically feasible conservation practices; c. The proposed withdrawal and uses will have a significant adverse impact on navigation within the Great Lakes basin; d. The proposed withdrawal and uses are consistent with the protection of public health, safety and welfare in the Great Lakes basin and will not be detrimental to the public interest or the public trust in the waters of the Great Lakes basin; e. Each basin, region, state or province to which the water will be diverted has developed and is implementing a plan to manage and conserve its own water quantity resources, and whether further development of its own water resources is economically impracticable or would have a substantial adverse economic, social or environmental impact; f. The application will impair the ability of the Great Lakes basin to meet its own water needs; g. The proposed withdrawal and uses alone, or in combination with other water uses, will have a significant adverse impact on lake levels, water use, or the environment or the ecosystem of the Great Lakes basin, including the quality and quantity of the waters of the Great Lakes basin and its related land resources; andh. Whether the proposed withdrawal is consistent with all applicable federal, regional and interstate and international water resources plans. 5. The governor or the governor's designee shall, upon receipt of such report, prepare a statement setting forth the governor's approval or disapproval of the proposed diversion and the reasons therefor, provided that: (i) proposed diversions within New York state that would originate in New York state are prohibited unless otherwise authorized by the governor and the legislature. (ii) for all other proposed interbasin diversions, the governor shall have exclusive power of approval or disapproval.
§ 15-1613. Procedure for gubernatorial approval pursuant to Public Law 99-662. Upon receipt of a request for approval pursuant to Public Law 99-662 of a proposed interbasin diversion from the Great Lakes basin: 1. The department shall notify the person requesting such approval whether sufficient information has accompanied the request or is otherwise available to permit an evaluation of the request. 2. The department shall notify other state agencies, including the departments of health, economic development, agriculture and markets, transportation, state and public service, the power authority of the state of New York and the state energy office of such request and shall solicit their comments thereon. Notification shall be given and comments solicited from the International Joint Commission, the Great Lakes Commission, and other appropriate federal agencies. 3. The department shall publish a notice in the environmental notice bulletin containing the following information: a. The name of the person, their relevant affiliation, and originating state or province requesting approval of the diversion; b. A description of the proposed diversion, including the location and size of such diversion, and the state or province to which the water will be diverted; and c. The name and address where more information may be obtained. Such notice shall also provide for a public comment period of at least thirty days. The commissioner shall hold a legislative hearing on the request. 4. Within sixty days of the close of the public comment period or the public hearing, whichever is later, the department shall transmit a report to the governor or his designee, and the legislature, summarizing all comments received from state, federal, and interstate agencies and the public and making a recommendation on the request for approval and evaluating whether: a. The proposed withdrawal is consistent with any applicable state plans, including the water resources management strategies developed pursuant to title twenty-nine of this article, for present or future uses of the waters of the Great Lakes basin; b. Both the current water use of the person requesting approval and such person's proposed plans for withdrawal, transportation, development and use of water resources incorporate maximum economically feasible conservation practices; c. The proposed withdrawal and uses will have a significant adverse impact on navigation within the Great Lakes basin; d. The proposed withdrawal and uses are consistent with the protection of public health, safety and welfare in the Great Lakes basin and will not be detrimental to the public interest or the public trust in the waters of the Great Lakes basin; e. Each basin, region, state or province to which the water will be diverted has developed and is implementing a plan to manage and conserve its own water quantity resources, and whether further development of its own water resources is economically impracticable or would have a substantial adverse economic, social or environmental impact; f. The application will impair the ability of the Great Lakes basin to meet its own water needs; g. The proposed withdrawal and uses alone, or in combination with other water uses, will have a significant adverse impact on lake levels, water use, or the environment or the ecosystem of the Great Lakes basin, including the quality and quantity of the waters of the Great Lakes basin and its related land resources; andh. Whether the proposed withdrawal is consistent with all applicable federal, regional and interstate and international water resources plans. 5. The governor or the governor's designee shall, upon receipt of such report, prepare a statement setting forth the governor's approval or disapproval of the proposed diversion and the reasons therefor, provided that: (i) proposed diversions within New York state that would originate in New York state are prohibited unless otherwise authorized by the governor and the legislature. (ii) for all other proposed interbasin diversions, the governor shall have exclusive power of approval or disapproval.
