New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A05801 Summary:

A05801 Actions:

A05801 Committee Votes:

Committee:LOCAL GOVERNMENTS   Chair:Thiele      
DATE:04/18/2023AYE/NAY:19/0  Action: Favorable refer to committee Ways and Means        
Thiele
Aye
Brown
Aye
Ramos
Excused
Friend
Aye
Otis
Aye
Manktelow
Aye
Woerner
Aye
Gallahan
Aye
Jacobson
Aye
Simpson
Aye
Darling
Aye
Beephan
Aye
Clark
Aye
Conrad
Aye
Rivera
Aye
Lunsford
Aye
Levenberg
Aye
Shimsky
Aye
Shrestha
Aye
Eachus
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/16/2023AYE/NAY:34/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Excused
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/17/2023AYE/NAY:29/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A05801 Floor Votes:

A05801 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5801
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 23, 2023
                                       ___________
 
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Local Governments
 
        AN ACT to amend the town law, in  relation  to  aquatic  growth  control
          districts
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Section 190 of the town law, as amended by chapter 378  of
     2  the laws of 2012, is amended to read as follows:
     3    §  190.  Establishment  or  extension of improvement districts. Upon a
     4  petition as hereinafter provided, the town board of any town may  estab-
     5  lish  or  extend  in  said  town a sewer, drainage, water, water quality
     6  treatment, park, public parking, lighting, snow removal,  water  supply,
     7  sidewalk,  a  fallout  shelter  district or refuse and garbage district,
     8  aquatic [plant] growth control district, ambulance  district,  watershed
     9  protection  improvement  district,  and  in  any  town bordering upon or
    10  containing within its boundaries any navigable waters of this  state,  a
    11  harbor  improvement  district,  a public dock district, or beach erosion
    12  control district, and provide improvements or services, or both, in  any
    13  such  district,  wholly  at  the  expense  of the district; but no water
    14  supply district shall be established or extended to include lands  situ-
    15  ate within the boundaries of a water district. No such district shall be
    16  established  or  extended  in  a  city  or  in  an  incorporated village
    17  provided, however, that such a district may be established  or  extended
    18  wholly  or  partly  within  an  incorporated  village  on consent of the
    19  village expressed in a local law, ordinance or resolution, subject to  a
    20  referendum  on  petition under section twenty-four of the municipal home
    21  rule law or a permissive referendum under article nine  of  the  village
    22  law,  as  the  case  may  be, and except, in the case of a water quality
    23  treatment district, on consent of a village expressed in a local law  or
    24  by  resolution  of the board of trustees and not subject to any referen-
    25  dum.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09005-02-3
        A. 5801                             2
 
     1    § 2. Paragraph a of subdivision 1 of section 193 of the town  law,  as
     2  amended  by  chapter  378  of  the  laws  of 2012, is amended to read as
     3  follows:
     4    a.  Whenever  a petition shall be presented to the town board pursuant
     5  to this article, for the establishment or extension of a sewer, wastewa-
     6  ter disposal, drainage, water, water  quality  treatment,  park,  public
     7  parking,  lighting,  snow  removal,  water  supply, sidewalk, refuse and
     8  garbage, aquatic [plant] growth control  district,  ambulance  district,
     9  harbor improvement district, public dock district, beach erosion control
    10  district,  watershed protection improvement district, or a fallout shel-
    11  ter district, the board shall adopt an order and enter the same  in  the
    12  minutes of its proceedings, reciting in general terms the filing of such
    13  petition,  the  boundaries  of  the  proposed district, the improvements
    14  proposed, the maximum amount proposed to be expended for the improvement
    15  as stated in the petition or the maximum amount to be expended  for  the
    16  performance  or  supplying  of services if a maximum amount is stated in
    17  the petition, the estimated cost of hook-up fees, if any,  to,  and  the
    18  cost  of  the  district  or  extension  to, the typical property and, if
    19  different, the typical one or two family home, and specifying  the  time
    20  when  and  place where said board will meet to consider the petition and
    21  to hear all persons interested in the subject  thereof,  concerning  the
    22  same.  The board shall cause a copy of such order, certified by the town
    23  clerk, to be published at least once in the official  paper,  the  first
    24  publication  thereof  to  be not less than ten nor more than twenty days
    25  before the day set therein for the hearing as aforesaid, and shall  also
    26  cause  a  copy  thereof  to be posted on the signboard of the town main-
    27  tained pursuant to subdivision six of section thirty  of  this  chapter,
    28  not  less  than  ten nor more than twenty days before the day designated
    29  for the hearing as aforesaid. In the event that  the  town  maintains  a
    30  website,  such information may also be provided on the website. Prior to
    31  the publication of a copy of the order, the  board  shall  cause  to  be
    32  prepared, and file for public inspection with the town clerk, a detailed
    33  explanation  of  how the estimated cost of hook-up fees, if any, to, and
    34  the cost of the district or extension to, the typical property  and,  if
    35  different, the typical one or two family home was computed.
    36    §  3.  Subdivision  10-e  of  section 198 of the town law, as added by
    37  chapter 602 of the laws of 1967, is amended to read as follows:
    38    10-e. Aquatic [plant] growth control district. After an aquatic growth
    39  control district has been established, the  town  board  may  take  such
    40  action  as  may  be required to adopt plans and specifications and enter
    41  into a contract or contracts, or  take  such  other  action  as  may  be
    42  required,  for  the  control of aquatic growth within the district as it
    43  may deem to be necessary or desirable.   For purposes of  this  chapter,
    44  "aquatic  growth" means aquatic invertebrate species and aquatic plants,
    45  identified as invasive pursuant to title seventeen of  article  nine  of
    46  the environmental conservation law.
    47    § 4. Subdivision 3 of section 202 of the town law, as amended by chap-
    48  ter 378 of the laws of 2012, is amended to read as follows:
    49    3.  The expense of the establishment of a park, public parking, water,
    50  lighting, snow removal, water supply, water, water storage and  distrib-
    51  ution,  sidewalk,  refuse  and  garbage,  aquatic [plant] growth control
    52  district, ambulance district,  harbor  improvement  district,  watershed
    53  protection  improvement  district, public dock district, fallout shelter
    54  district, or beach erosion control district, and providing  improvements
    55  or  services, or both, therefor, and of constructing lateral water mains
    56  pursuant to paragraph (b) of subdivision  one  of  section  one  hundred
        A. 5801                             3
 
     1  ninety-nine,  shall  be  assessed, levied and collected from the several
     2  lots and parcels of land within the district for  each  purpose  in  the
     3  same manner and at the same time as other town charges, except as other-
     4  wise  provided  by  law. In the event that any order adopted pursuant to
     5  section two hundred nine-d of this chapter for the  establishment  of  a
     6  water  district,  sidewalk district, a public parking district, a refuse
     7  and garbage district, an aquatic [plant] growth control district, light-
     8  ing  district,  watershed  protection  improvement  district,  or  beach
     9  erosion  and control district or that any petition for the establishment
    10  of a water district, sidewalk district, a  public  parking  district,  a
    11  refuse and garbage district, an aquatic [plant] growth control district,
    12  lighting  district,  or  beach erosion control district, shall contain a
    13  statement that the cost of constructing  the  water  system,  sidewalks,
    14  lighting  system, or acquiring and improving lands for public parking or
    15  for refuse and garbage purposes or for beach  erosion  control,  or  for
    16  watershed  protection improvement district or for aquatic [plant] growth
    17  control, shall be assessed by the town board in proportion as nearly  as
    18  may  be  to  the benefit which each lot or parcel will derive therefrom,
    19  the amount to be raised for the payment of the principal and interest of
    20  the bonds issued for the construction of the  water  system,  sidewalks,
    21  lighting  system, or acquiring and improving lands for public parking or
    22  for refuse and garbage purposes or for beach  erosion  control,  or  for
    23  aquatic  [plant] growth control, or for watershed protection improvement
    24  district pursuant to such petition or order, shall be  assessed  on  the
    25  lands within such district in the same manner as provided in the case of
    26  trunk  sewers.  The expense of constructing lateral water mains pursuant
    27  to paragraph (c) of subdivision one of section one  hundred  ninety-nine
    28  shall  be  assessed,  levied  and  collected  from  the several lots and
    29  parcels of land within the district in proportion to the  area  of  such
    30  lot or parcel of land to the total area of the district.
    31    §  5.  Subdivision  1  of section 209-a of the town law, as amended by
    32  chapter 378 of the laws of 2012, is amended to read as follows:
    33    1. the term "improvement district" shall include only a sewer,  waste-
    34  water  disposal,  drainage,  water, park, public parking, lighting, snow
    35  removal, water supply, sidewalk, refuse  and  garbage,  aquatic  [plant]
    36  growth  control,  or  watershed protection improvement district or ambu-
    37  lance district in any town, and, in any town bordering upon or  contain-
    38  ing  within  its  boundaries  any navigable water of this state a public
    39  dock or beach erosion control district;
    40    § 6. Subdivision 1 of section 209-d of the town  law,  as  amended  by
    41  chapter 378 of the laws of 2012, is amended to read as follows:
    42    1.  Subsequent  to the date of the filing of the map, plans and report
    43  in the office of the town clerk  as  required  in  section  two  hundred
    44  nine-c  of  this article the town board may adopt an order and enter the
    45  same in the minutes of its proceedings reciting  a  description  of  the
    46  boundaries  of the proposed district or extension in a manner sufficient
    47  to identify the lands included therein as in a deed of  conveyance,  the
    48  improvements  proposed,  the  maximum amount proposed to be expended for
    49  the improvement, the estimated cost of hook-up fees, if any, to, and the
    50  cost of the district or extension  to,  the  typical  property  and,  if
    51  different,  the  typical  one or two family home, the proposed method of
    52  financing to be employed, the fact that a map, plan and report  describ-
    53  ing  the  same  are  on  file  in  the  town  clerk's  office for public
    54  inspection and specifying the time when and the place where  said  board
    55  will  meet  and  hold a public hearing to hear all persons interested in
    56  the subject thereof, concerning the same.  If such order  proposes  only
        A. 5801                             4
 
     1  the performance or supplying of certain services, it may state the maxi-
     2  mum  amount  to  be expended annually for such services. The board shall
     3  cause a copy of such order to be published at least once in the official
     4  paper,  the  first  publication thereof to be not less than ten nor more
     5  than twenty days before the day set therein for the  hearing  as  afore-
     6  said, and shall also cause a copy thereof to be posted on the sign-board
     7  of  the town maintained pursuant to subdivision six of section thirty of
     8  this chapter, not less than ten nor more than twenty days before the day
     9  designated for the hearing as aforesaid. Such order  may  further  state
    10  such  place  other  than the town clerk's office where the map, plan and
    11  report may be examined in advance of the  hearing,  if  the  town  board
    12  determines  that, in the public interest, some other additional place is
    13  necessary or desirable. If a water district, sidewalk district, a public
    14  parking district, a refuse and garbage district, aquatic [plant]  growth
    15  control  district,  watershed  protection  improvement district or beach
    16  erosion control district is proposed, such order may contain a statement
    17  that the cost of constructing the water system, sidewalks  or  acquiring
    18  lands  for public parking or for refuse and garbage purposes, or aquatic
    19  [plant] growth control purposes or for  beach  erosion  control  or  for
    20  watershed  protection improvement purposes shall be assessed by the town
    21  board in proportion as nearly as may be to the benefit which each lot or
    22  parcel will derive therefrom. Prior to the publication of the order, the
    23  board shall cause to be prepared, and file for  public  inspection  with
    24  the  town  clerk,  a  detailed  explanation of how the estimated cost of
    25  hook-up fees, if any, to, and the cost of the district or extension  to,
    26  the  typical  property  and, if different, the typical one or two family
    27  home, was computed.
    28    § 7. This act shall take effect immediately.