BILL NO A02015
SAME AS SAME AS UNI. S01878
Amd S250, County L
Relates to the establishment, extension, powers and expenses of watershed
protection improvement districts.
TITLE OF BILL:
An act to amend the county law, in relation to the establishment,
extension, powers and expenses of watershed protection improvement
Relates to the establishment, extension, powers and expenses of
watershed improvement districts by the board of supervisors of each
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.
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.
2014: A. 8931/S. 6713
None to the State.
This act shall take effect immediately.
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-
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
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.
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
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.