N.Y. Environmental Conservation Law § 15-1103: Petition; proceedings; exclusion of certain counties

§ 15-1103. Petition; proceedings; exclusion of certain counties.

1. Any county, city, town or village, when duly authorized to do so,

or any combination thereof, except as provided in subdivision 7 hereof,

may submit to the department a verified petition requesting the

department to consider a proposal for a survey and study of the water

resources of a specified region of which the petitioning municipality is

a part, for the purpose of preparing and providing a comprehensive plan

or plans for the protection, conservation, development and beneficial

use of such resources. Any such petition, prior to its submission to the

department, must be approved by the county legislative body of each

county wholly or partly within the specified region. The petition shall

set forth the facts upon which the petitioner or petitioners rely to

show that it is necessary and would be in the public interest and

benefit to undertake such survey, study and comprehensive planning. The

petition shall list the persons, public corporations and state agencies

engaged in receiving, collecting, storing, transmitting, distributing,

processing or otherwise dealing with water for a public purpose, within

the region set forth in the petition, and the names and addresses of the

clerks or other executive officers thereof. There shall be attached to

the petition a certified copy of the resolution, ordinance or other

evidence of authority authorizing the execution of the petition.

2. Upon receipt of a petition, the department with reasonable

diligence shall cause public notice to be given that on a day therein

named it will hold a public hearing at such place, within the region

specified in the petition, as is designated in the notice for the

purpose of hearing all persons, public corporations and state agencies

in favor of or opposed to the proposal. Such public notice shall be

given by publication as provided in subdivision 1 of section 15-0903.

3. In addition to such public notice, the department shall give notice

of the time and place of the public hearing in writing, at least fifteen

days prior to the date thereof, to the state Departments of Agriculture

and Markets, Commerce, Health and Transportation, and the State Soil

Conservation Committee; also to the clerks or other executive officers

of the public corporations and state agencies, persons and other

agencies as listed in the petition. The department may also give similar

written notice to any other person, body or agency it may deem would

have an interest in or would be affected by any comprehensive planning.

Any public corporation, acting through any executive office authorized

to take such action by its governing body or board, may file with the

department a written request that such public corporation be notified in

writing of any hearing under title 11 of this article in relation to any

region embraced in whole or in part within any area or areas of the

state designated by such public corporation in its written request.

After the filing of such request, where any petition shall be filed with

the department setting forth any such region, but not listing such

public corporation, the department shall give notice to such public

corporation of any hearing on such petition, in the same manner as if it

had been listed in the petition pursuant to subdivision 1 of this

section. For the purpose of any hearings or proceedings under title 11

of this article or to review a decision in the manner provided by

article seventy-eight of the Civil Practice Law and Rules relating to

any region embraced within the area or areas designated in such request,

any public corporation entitled to notice by reason of having filed such

request shall be deemed to be and shall have all of the rights of a

party to the same extent as if such public corporation had been listed

in the petition pursuant to subdivision 1 of this section. A

modification or withdrawal of any such request may be filed by any

public corporation in the same manner as an original request. Any such

modification shall have the same force and effect as an original

request. Failure of the department to give notice pursuant to such

written request shall not invalidate any proceedings had or action taken

by the department.

4. The department shall, upon the day specified in the notice, or upon

such subsequent day or days to which it may adjourn the hearing, proceed

to take testimony and proof and to hear arguments submitted in support

of and in opposition to the proposal. If in the course of the hearing,

it shall appear to the department that the region specified in the

petition should be enlarged in order to undertake a more comprehensive

and beneficial study, survey and planning, the department shall adjourn

the hearing a sufficient period of time in order to obtain the approval

of the county legislative body or bodies of the county or counties in

which the additional area is located for the inclusion of such

additional area in the proposal. If such approval is given, the

department shall give, within the additional area, similar public and

written notice, and shall give similar written notice to public

corporations which have filed requests, and in like manner, as provided

by subdivisions 2 and 3 of this section, of the time and place fixed by

the department for the resumption of the public hearing. The hearing

shall resume and proceed at such time and place as if the additional

area had been included in the petition as part of the region.

5. Within thirty days after the taking of testimony and proofs, any

person, public corporation or state agency, who or which has appeared at

the hearing, may file with the department written objections to the

proposal or parts thereof as petitioned for or as enlarged as above

provided. Such objections shall specify the grounds and reasons upon

which they are made. Briefs in support of and in opposition to the

proposal may be filed with the department within the same thirty day

period. Upon expiration of the period, the hearing shall be deemed

closed, unless the department determines that the hearing should be

reopened for the taking of further testimony or other proof.

6. Thereafter and with all convenient speed, the department shall

render its decision, determining if it is or is not in the public

interest or benefit to undertake the proposal. If the proposal is found

to be in the public interest or benefit, the department shall determine

the region of the state to be included in the study, survey and

comprehensive planning, the minimum number of specific purposes for

which the planning should be undertaken, the extent of the study, survey

and planning involved and an approximate estimate of the cost of the

study and survey.

7. Following this determination by the department, and before

proceeding thereon, the petitioner for the survey and study decide

within six months after the date of the department's determination

whether to proceed with the survey and study or to withdraw its request

therefor. Notice of its decision shall be given promptly to the

department. The department may grant one or more extensions of six

months each to the petitioner to make its decision.

8. The area of the state within the corporate limits of the city of

New York shall not be included, in whole or in part, in any region

proposed by a petition, or as enlarged or as determined by the

department under this section, which region includes in whole or in part

the counties of Nassau or Suffolk, or either of them.