S T A T E   O F   N E W   Y O R K
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                                  4833

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to require the creation of the Hudson stormwater plan

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

  Section  1.  Legislative  findings.  The  legislature hereby finds and
declares that it is to the advantage of the city of New York and of  the
state  of  New  York  to  enact  policies  to create a network of source
controls to detain or capture over one  billion  additional  gallons  of
stormwater, and additionally to continue ongoing source control efforts,
establish  new design guidelines for public projects, change sewer codes
to adopt performance  standards  for  new  development,  improve  public
notification of combined sewer overflows, plan for the implementation of
promising  source  control scenarios, and to broaden funding options for
cost-effective source controls.
  The legislature further finds and declares that New York city's  dense
mix  of  buildings,  streets,  and  other  man-made structures generates
stormwater runoff which can pollute waterways and flood roads,  subways,
and  basements,  and  that stormwater management will become more urgent
with the intense and frequent rainfall  expected  from  the  effects  of
climate change.
  S  2.  The city of New York shall create a plan by adopting an overall
goal, establishing short term strategies to supplement existing stormwa-
ter control efforts, medium term strategies to  develop  innovative  and
cost-effective source controls, and long term strategies to secure fund-
ing,  with  the  goal  of  within two years, enacting policies that will
create a network of source  controls  to  detain  or  capture  over  one
billion  additional gallons of stormwater when fully implemented. In the
alternative, the city may implement an existing plan created by the city
to address water issues. The plan shall require the following:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11430-01-9

              

S. 4833                             2

  1. Implementation of the most  cost-effective  and  feasible  controls
including:
  a. capturing the best practices of ongoing green initiatives;
  b. continuing implementation of ongoing source control efforts;
  c. establishing new design guidelines for public projects;
  d.  changing sewer codes to adopt performance standards for new devel-
opment; and
  e. improving public notification of combined sewer overflows;
  2. Resolve the feasibility of promising  technologies,  by  completing
ongoing demonstration projects and developing new pilots, and continuing
planning  for  the implementation of promising scenarios. Such projects,
pilots, and activities may include standards for sidewalks, road  recon-
structions,  and  existing  buildings, green roadway infrastructure, and
stormwater requirements and incentives for low- and medium-density resi-
dences;
  3. Exploring options for funding source controls, by completing  water
and  wastewater  rate  study  and  reassessing  pricing  for  stormwater
services, and broadening  funding  options  for  cost  effective  source
controls; and
  4.  Developing  adequate  sources  of funding, by exploring regulatory
relief from building conventional infrastructure if more  cost-effective
solutions  are  available,  rate  increases  approved by the independent
water board, or providing funding from the city budget.
  S 3. The plan shall be subject to evaluation  by  the  New  York  city
budget  office, and by outside auditors for cost and effectiveness. When
such evaluations are completed, the plan shall  be  the  subject  of  at
least  five public hearings to be conducted in evenings when individuals
are most likely to be able to testify.
  S 4. This act shall take effect immediately.