NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5082
SPONSOR: Carroll P TITLE OF BILL:
An act to authorize the department of environmental conservation to
establish the Lake DeForest Flood Control Pilot Program; and providing
for the repeal of such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
This bill will establish a pilot program for lake deforest located in
Rockland county that will authorize DEC to regulate the volume and
releases of water under certain circumstances in an effort to mitigate
downstream flooding.
SUMMARY OF PROVISIONS:
Section one of the bill establishes the Lake DeForest Flood Control
Pilot Program. The program will authorize the department of environ-
mental conservation to regulate the volume and releases of water from
the Lake DeForest reservoir, under certain conditions, in an effort to
mitigate downstream flooding. The Department will consider several
factors includingseasonal precipitation, major weather events and large
inflows of water into the reservoir when using the flood control author-
ity. The program must also consider the availability of drinking water
in all decisions.
Section two of the bill relates to the effective date and repeal date.
JUSTIFICATION:
This bill will establish a pilot program where the DEC will have the
authority to regulate the volume and release of water from Lake DeForest
in advance of major weather events. This reservoir is situated near
residential communities and persistently causes flooding. Currently, the
Department's authority to regulate releases from the reservoir is only
advisory. The Department's authority would be used on a seasonal basis
in a manner that protects the available water supply and mitigates
flooding in surrounding areas..
PRIOR LEGISLATIVE HISTORY:
A.4520 of 2023-24,
A.1907 of 2021-22,
A.3453 of 2019-20,
A.1254 of 2017-18,
A.2037 of 2015-16,
A.8271A of 2013-2014.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect December 31, 2026 and shall expire and be
deemed repealed December 31, 2036.
STATE OF NEW YORK
________________________________________________________________________
5082
2025-2026 Regular Sessions
IN ASSEMBLY
February 12, 2025
___________
Introduced by M. of A. P. CARROLL -- read once and referred to the
Committee on Environmental Conservation
AN ACT to authorize the department of environmental conservation to
establish the Lake DeForest Flood Control Pilot Program; and providing
for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The department of environmental conservation shall estab-
2 lish the Lake DeForest Flood Control Pilot Program to regulate the
3 volume and releases of water from the Lake DeForest reservoir, which is
4 operated by a privately owned waterworks corporation as defined in
5 section 2 of the public service law, to mitigate downstream flooding, to
6 the maximum extent practicable while recognizing and ensuring the prima-
7 ry purpose of the availability of sufficient quality drinking water. The
8 department shall promulgate rules and regulations describing the circum-
9 stances in which flood control authority may be used including the
10 anticipation of a major weather event, large inflow of water into reser-
11 voirs, dam safety, seasonal precipitation schedules or any other condi-
12 tion that may reasonably cause unnecessary flooding to surrounding
13 areas.
14 § 2. This act shall take effect December 31, 2026 and shall expire and
15 be deemed repealed December 31, 2036.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07601-01-5
