NY Env Conserv L § 15-1103 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 11 - Local and Regional Water Resources Planning and Development 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.