A02015 Summary:

BILL NO    A02015 

SAME AS    SAME AS UNI. S01878

SPONSOR    Thiele

COSPNSR    

MLTSPNSR   

Amd S250, County L

Relates to the establishment, extension, powers and expenses of watershed
protection improvement districts.
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A02015 Actions:

BILL NO    A02015 

01/15/2015 referred to local governments
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A02015 Votes:

There are no votes for this bill in this legislative session.
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A02015 Memo:

BILL NUMBER:A2015

TITLE OF BILL:

An act to amend the county law, in relation to the establishment,
extension, powers and expenses of watershed protection improvement
districts

PURPOSE:

Relates to the establishment, extension, powers and expenses of
watershed improvement districts by the board of supervisors of each
county.

SUMMARY OF PROVISIONS:

Amends Section 250 of the County Law to allow the board of supervisors
of each county to establish, consolidate, or extend watershed
protection improvement for the purpose of the protection and
restoration of groundwater, surface waters and drinking water quality
as it may be deemed to be necessary or desirable, including but not
limited to stormwater treatment projects and wetland construction.

JUSTIFICATION:

New York State's surface, ground, and drinking water resources are
continually threatened by pollution. Many rivers, streams, lakes,
reservoirs, and estuarine waters do not meet their current designated
uses. Approximately 34% of New York's estuarine waters are categorized
as impaired; 44% of New York's lake and reservoir acres are
categorized as being impaired or threatened.

Contaminants from stormwater runoff and ineffective sanitary septic
systems such as excess nutrients, bacteria, toxic substances, and
sediment can cause excessive algae growth, close bathing beaches and
shellfishing areas, harm aquatic life, and contaminate drinking water.

Best management practices designed to capture, treat, and infiltrate
runoff will limit the volume of stormwater and amount of pollutants
reaching our waterbodies. Replacing out-dated sanitary septic systems,
especially in nutrient sensitive areas and areas with high groundwater
tables, will minimize nutrient loadings to groundwater and
groundwater-fed surface waters.

Counties often do not have the funds to undertake these important
measures. This legislation would expand the power of the board of
supervisors of each county to establish watershed protection
improvement districts which would provide a dedicated, sustainable
local funding source with equitable shared costs. Through watershed
protection improvement districts, counties would be able to raise
funds to install and maintain the following efforts:  stormwater
treatment, drainage and infiltration projects, septic system upgrades,
alternative septic systems, conservation landscaping, stormwater
collection devices, and natural shorelines and shoreline buffers.


The enactment of Chapter 378 of the Laws of 2012 enabled Towns to
establish water protection improvement districts. This bill will
extend the same provisions to counties.

LEGISLATIVE HISTORY:

2014: A. 8931/S. 6713

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.
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A02015 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

           S. 1878                                                  A. 2015

                              2015-2016 Regular Sessions

                             S E N A T E - A S S E M B L Y

                                   January 15, 2015
                                      ___________

       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Local Govern-
         ment

       IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
         to the Committee on Local Governments

       AN ACT to amend the county law, in relation to the establishment, exten-
         sion,  powers  and  expenses  of  watershed   protection   improvement
         districts

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 250 of the county law, as amended by chapter 388 of
    2  the laws of 1980, the opening paragraph as amended by chapter 620 of the
    3  laws of 1996, subdivision 1-a as amended by section  73  of  part  A  of
    4  chapter  58 of the laws of 2010, subdivision 4-a as added by chapter 761
    5  of the laws of 1981, subdivision 6 as amended by chapter 622 of the laws
    6  of 1984, and subdivision 8 as amended by chapter  184  of  the  laws  of
    7  1981, is amended to read as follows:
    8    S 250. Purpose. The board of supervisors of each county may establish,
    9  consolidate,  or  extend  county  water, water quality treatment, sewer,
   10  wastewater disposal,  drainage,  WATERSHED  PROTECTION  IMPROVEMENT,  or
   11  refuse  districts  (hereinafter  referred  to  in  this  article  as the
   12  "district") in the manner hereinafter provided:
   13    1. For the purpose of developing or acquiring a supply  of  water  for
   14  (a)   wholesale  distribution  to  other  municipalities,  districts  or
   15  persons, corporate or otherwise, within the county water  district,  (b)
   16  retail  distribution,  except  as hereinafter provided, or (c) both such
   17  wholesale and retail distribution;
   18    1-a. For the purpose of (a) procuring  by  purchase,  lease  or  other
   19  means  and  installing  water  quality  treatment  units  or devices, if
   20  required; providing periodic testing and monitoring of raw and  finished

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07198-01-5
       S. 1878                             2                            A. 2015

    1  water from private wells in the district; monitoring, modifying, repair-
    2  ing,  replacing,  operation  and maintenance, regenerating water quality
    3  treatment units and devices and the administering of the  treatment  and
    4  disposal  of residuals generated in the operation of the district pursu-
    5  ant to rules and regulations adopted by the  public  health  and  health
    6  planning  council  under  section  two hundred twenty-five of the public
    7  health law; (b) assisting local, state and federal  agencies  and  offi-
    8  cials in efforts to establish causes of, and implement remedial measures
    9  to  reduce water contamination and protect future water resources within
   10  the district; (c) conduct public meetings and  issue  an  annual  public
   11  report  to  members of the district on the operation, financial position
   12  and water quality condition of said district;  provided,  however,  that
   13  with  respect  to  any town in the county the board of supervisors shall
   14  first determine that such district or service will not be established or
   15  provided by such town.
   16    2. For the purpose of (a) the conveyance from other municipalities and
   17  districts within the county of sewage, and treatment and disposal there-
   18  of, (b) collection, except as hereinafter provided,  or  (c)  both  such
   19  conveyance and such collection;
   20    3.  For  the  purpose of administration and planning (including educa-
   21  tional programs), design,  installation,  construction,  rehabilitation,
   22  replacement,   operation   and   maintenance   (including   pumping  and
   23  inspections), monitoring, residual treatment and disposal and regulation
   24  of private on-site wastewater disposal systems of such district;
   25    4. For the purpose of drainage of storm water and other waters, either
   26  surface or subsurface, within the county;
   27    4-a. For the purpose of effecting lake protection and  rehabilitation,
   28  and any activities necessarily related thereto.
   29    5.  For  the  purpose  of  the  collection and disposition of garbage,
   30  ashes, rubbish and other waste matter within the county.
   31    5-A. FOR THE PURPOSE OF THE PROTECTION AND RESTORATION OF GROUNDWATER,
   32  SURFACE WATERS AND DRINKING WATER QUALITY AS IT  MAY  BE  DEEMED  TO  BE
   33  NECESSARY  OR  DESIRABLE, INCLUDING BUT NOT LIMITED TO STORMWATER TREAT-
   34  MENT PROJECTS AND WETLAND CONSTRUCTION.
   35    6. A county district established hereunder may consist of two or  more
   36  noncontiguous  areas  in  which  the  water, sewer, wastewater disposal,
   37  drainage or refuse system (hereinafter referred to in  this  article  as
   38  the  "system")  will  be  interrelated  and  interdependent, however, in
   39  Suffolk county the  term  "interrelated  and  interdependent"  shall  be
   40  deemed  to  mean  that the noncontiguous areas must be within the county
   41  and have the same administrative head. However, a water  quality  treat-
   42  ment  district  established  hereunder  may  consist of noncontiguous or
   43  contiguous benefited parcels of property  and  shall  be  created  by  a
   44  resolution  of  the  county  board of supervisors, upon petition after a
   45  public hearing.
   46    7. Except in the county of Suffolk, no county district shall be estab-
   47  lished hereunder which shall consist  wholly  of  territory  within  one
   48  city, within one village or within that portion of one town outside of a
   49  village.
   50    8.  Notwithstanding  any  other  provision of law a sewer district may
   51  also exercise all the powers of a wastewater disposal  district  if  the
   52  map  and  plan  prepared  pursuant to section two hundred fifty-three of
   53  this [chapter] ARTICLE, or  amended  pursuant  to  section  two  hundred
   54  fifty-three-b  of  this  [chapter]  ARTICLE, includes on-site wastewater
   55  disposal systems.
   56    S 2. This act shall take effect immediately.
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