Senate Bill S5420

Signed By Governor

2011-2012 Legislative Session

Authorizes the use of sewer surplus for infrastructure projects other than sewer projects

download bill text pdf

Archive: Last Bill Status Via A7837 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 18, 2012	signed chap.121
Jul 06, 2012	delivered to governor
Jun 20, 2012	returned to assembly passed senate home rule request 3rd reading cal.1114 substituted for s5420c
Jun 20, 2012	substituted by a7837c
Jun 14, 2012	amended on third reading (t) 5420c
Jun 12, 2012	advanced to third reading
Jun 11, 2012	2nd report cal. amended 5420b
Jun 06, 2012	1st report cal.1114
Apr 02, 2012	print number 5420a
Apr 02, 2012	amend and recommit to local government
Jan 04, 2012	referred to local government
May 19, 2011	referred to local government

Votes

- Jun 20, 2012 - Floor Vote
  A7837
  
  Aye
  
  45
  
  Nay
  
  15
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Floor Vote: Jun 20, 2012
      
      aye (45)
      
      Adams
      
      Alesi
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Seward
      
      Skelos
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (15)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Dilan
      
      Duane
      
      Gianaris
      
      Krueger
      
      LaValle
      
      Oppenheimer
      
      Perkins
      
      Serrano
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      excused (2)
      
      Espaillat
      
      Huntley
  Jun 6, 2012 - Local Government Committee Vote
  S5420
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Local Government Committee Vote: Jun 6, 2012
      
      aye (7)
      
      Ball
      
      Klein
      
      Little
      
      Martins
      
      McDonald
      
      Oppenheimer
      
      Ritchie
      
      aye wr (1)
      
      Stewart-Cousins

Bill Amendments

Original

C (Active)

2011-S5420 - Details

See Assembly Version of this Bill:: A7837
Law Section:: General Municipal Law
Laws Affected:: Amd §453, Gen Muni L

2011-S5420 - Summary

Authorizes the use of sewer surplus for infrastructure projects other than sewer projects in the village of Patchogue.

2011-S5420 - Sponsor Memo

                                BILL NUMBER:S5420

TITLE OF BILL:
An  act to amend the general municipal law, in relation to authorizing
the use of sewer surplus for infrastructure projects other than  sewer
projects

PURPOSE OR GENERAL IDEA OF BILL:
This  legislation  would allow the village of Patchogue to use surplus
funds received from sewer rents for other infrastructure projects.

SUMMARY OF SPECIFIC PROVISIONS:
Section One amends section 453 of the general municipal law by  adding
a  new  subdivision  4, allowing the village of Patchogue to use up to
40% of the monies from the Sewer rent fund that are  left  over  after
all  sewer-related  expenses are paid for infrastructure improvements.
Section Two is the effective date.

JUSTIFICATION:
While water utilities are able to use  their  surplus  funds  for  any
municipal  purpose,  sewer  utilities  are  limited  to  using  excess
revenues for only sewer-related purposes. Under current law,  revenues
derived  from  sewer  rents,  including  penalties  and  interest, are
credited to a special  fund  and  the  use  of  these  funds  are  not
permitted  for  use  beyond  costs  incurred  that relate to the sewer
system.

In the village of Patchogue, the sewage plant  and  district  plays  a
large  role  in  this  community's revitalization and economic growth.
This growth has resulted in an influx of monies to the sewer fund  but
also   in   increased   stress   and   pressure   on  the  community's
infrastructure. Allowing the village to use a limited amount of  these
funds  to  address  infrastructure  issues  would  be  a realistic and
appropriate way to solve the problems created by this economic growth.

This legislation would allow the village of  Patchogue  to  use  money
from  the  sewer rent fund to pay expenses or obligations incurred for
infrastructure  improvements,  after  paying  off  all  sewer  related
expenses. The village would also be able to allocate up to 40% of this
surplus  to  a special fund to be used specifically for infrastructure
improvements. This ensures that the sewer  needs  are  taken  care  of
first,  while  allowing  the  village  to use some of the excess funds
derived from this Source to solve the problems that come as  a  result
of large and expanding sewage facilities.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This  act  shall  take  effect on the sixtieth day after it shall have
become a law.

2011-S5420 - Bill Text download pdf

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

    S. 5420                                                  A. 7837

                       2011-2012 Regular Sessions

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

                              May 19, 2011
                               ___________

IN  SENATE -- Introduced by Sen. ZELDIN -- 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. MURRAY -- read once  and  referred
  to the Committee on Local Governments

AN  ACT  to  amend the general municipal law, in relation to authorizing
  the use of sewer surplus for infrastructure projects other than  sewer
  projects

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

  Section 1. Section 453 of the general  municipal  law  is  amended  by
adding a new subdivision 4 to read as follows:
  4.  IN  THE VILLAGE OF PATCHOGUE, FOR THE PAYMENT OF EXPENSES OR OBLI-
GATIONS INCURRED BY SUCH MUNICIPALITY FOR  INFRASTRUCTURE  IMPROVEMENTS,
OR  TO  BE  PLACED IN A SPECIAL FUND, NOT TO EXCEED FORTY PERCENT OF THE
SURPLUS, TO BE USED SPECIFICALLY FOR FUTURE INFRASTRUCTURE IMPROVEMENTS.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11579-02-1

2011-S5420A - Details

See Assembly Version of this Bill:: A7837
Law Section:: General Municipal Law
Laws Affected:: Amd §453, Gen Muni L

2011-S5420A - Summary

Authorizes the use of sewer surplus for infrastructure projects other than sewer projects in the village of Patchogue.

2011-S5420A - Sponsor Memo

                                BILL NUMBER:S5420A

TITLE OF BILL:
An act
in relation to authorizing the use
of sewer surplus for infrastructure projects other than sewer projects
in the village of Patchogue

PURPOSE OR GENERAL IDEA OF BILL:
This legislation would allow the village of Patchogue to use surplus
funds received from sewer rents for other infrastructure projects.

SUMMARY OF SPECIFIC PROVISIONS:
Section One amends section 453 of the general municipal law by adding
a new subdivision 4, allowing the village of Patchogue to use up to
40% of the monies from the sewer rent fund that are left over after
all sewer-related expenses are paid for infrastructure improvements.
Section Two is the effective date.

JUSTIFICATION:
While water utilities are able to use their surplus funds for any
municipal purpose, sewer utilities are limited to using excess
revenues for only sewer-related purposes. Under current law, revenues
derived from sewer rents, including penalties and interest, are
credited to a special fund and the use of these funds are not
permitted for use beyond costs incurred that relate to the sewer

system.

In the village of Patchogue, the sewage plant and district plays a
large role in this community's revitalization and economic growth.
This growth has resulted in an influx of monies to the sewer fund but
also in increased stress and pressure on the community's
infrastructure. Allowing the village to use a limited amount of these
funds to address infrastructure issues would be a realistic and
appropriate way to solve the problems created by this economic growth.

This legislation would allow the village of Patchogue to use money
from the sewer rent fund to pay expenses or obligations incurred for
infrastructure improvements, after paying off all sewer-related
expenses. The village would also be able to allocate up to 40% of
this surplus to a special fund to be used specifically for
infrastructure improvements. This ensures that the sewer needs are
taken care of first, while allowing the village to use some of the
excess funds derived from this source to solve the problems that come
as a result of large and expanding sewage facilities.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2011-S5420A - Bill Text download pdf

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

    S. 5420--A                                            A. 7837--A

                       2011-2012 Regular Sessions

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

                              May 19, 2011
                               ___________

IN  SENATE -- Introduced by Sen. ZELDIN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment -- recommitted to the Committee on Local Government in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

IN  ASSEMBLY  -- Introduced by M. of A. MURRAY, ENGLEBRIGHT -- read once
  and referred to the Committee on Local Governments --  recommitted  to
  the Committee on Local Governments in accordance with Assembly Rule 3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT in relation to authorizing the use of sewer surplus  for  infras-
  tructure  projects  other  than sewer projects in the village of Patc-
  hogue

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

  Section 1. Notwithstanding section 453 of the general municipal law or
any  other provision of law to the contrary, the village of Patchogue is
hereby authorized to use revenues  derived  from  sewer  rents  for  the
payment  of  expenses  or  obligations incurred by such municipality for
infrastructure improvements, or to be placed in a special fund,  not  to
exceed  forty percent of the surplus, to be used specifically for future
infrastructure improvements.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11579-03-2

2011-S5420B - Details

See Assembly Version of this Bill:: A7837
Law Section:: General Municipal Law
Laws Affected:: Amd §453, Gen Muni L

2011-S5420B - Summary

Authorizes the use of sewer surplus for infrastructure projects other than sewer projects in the village of Patchogue.

2011-S5420B - Sponsor Memo

                                BILL NUMBER:S5420B

TITLE OF BILL:
An act
in relation to authorizing the use
of sewer surplus for infrastructure projects other than sewer projects
in the village of Patchogue

PURPOSE OR GENERAL IDEA OF BILL:
This legislation would allow the
village of Patchogue to use surplus funds received from sewer rents
for other infrastructure projects.

SUMMARY OF SPECIFIC PROVISIONS:
Section One amends section 453 of the general municipal law by adding
a new subdivision 4, allowing the village of Patchogue to use up to
40% of the monies from the sewer rent fund that are left over after
all sewer-related expenses are paid for infrastructure improvements.

Section Two is the effective date.

JUSTIFICATION:
While water utilities are able to use their surplus
funds for any municipal purpose, sewer utilities are limited to using
excess revenues for only sewer-related purposes. Under current law,
revenues derived from sewer rents, including penalties and interest,

are credited to a special fund and the use of these funds are not
permitted for use beyond costs incurred that relate to the sewer
system.

In the village of Patchogue, the sewage plant and district plays a
large role in this community's revitalization and economic growth.
This growth has resulted in an influx of monies to the sewer fund but
also in increased stress and pressure on the community's
infrastructure. Allowing the village to use a limited amount of these
funds to address infrastructure issues would be a realistic and
appropriate way to solve the problems created by this economic growth.

This legislation would allow the village of Patchogue to use money
from the sewer rent fund to pay expenses or obligations incurred for
infrastructure improvements, after paying off all sewer-related
expenses. The village would also be able to allocate up to 40% of
this surplus to a special fund to be used specifically for
infrastructure improvements.
This ensures that the sewer needs are taken care of first, while
allowing the village to use some of the excess funds derived from
this source to solve the problems that come as a result of large and
expanding sewage facilities.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after
it shall have become a law.

2011-S5420B - Bill Text download pdf

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

    S. 5420--B                                            A. 7837--B
    Cal. No. 1114

                       2011-2012 Regular Sessions

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

                              May 19, 2011
                               ___________

IN  SENATE -- Introduced by Sen. ZELDIN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment -- recommitted to the Committee on Local Government in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  reported favorably from  said  committee,  ordered  to  first  report,
  amended  on  first  report,  ordered  to  a  second report and ordered
  reprinted, retaining its place in the order of second report

IN ASSEMBLY -- Introduced by M. of A. MURRAY, ENGLEBRIGHT, BOYLE,  SCHI-
  MEL -- read once and referred to the Committee on Local Governments --
  recommitted  to  the Committee on Local Governments in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT in relation to authorizing the use of sewer surplus  for  infras-
  tructure  projects  other  than sewer projects in the village of Patc-
  hogue

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

  Section 1. Notwithstanding section 453 of the general municipal law or
any  other provision of law to the contrary, the village of Patchogue is
hereby authorized to use surplus revenues derived from  sewer  rents  or
charges  collected in excess of amount necessary for the uses prescribed
in section 453 of the general municipal law for the payment of  expenses
or obligations incurred by such municipality for infrastructure improve-
ments,  or  to  be placed in a capital reserve fund, not to exceed forty
percent of the surplus, to be used specifically for  future  infrastruc-
ture  improvements.  The  village  of Patchogue shall adjust their sewer

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11579-05-2

S. 5420--B                          2                         A. 7837--B

rents, and take other actions as may be necessary, to avoid  any  future
sewer rent surpluses.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

2011-S5420C (ACTIVE) - Details

See Assembly Version of this Bill:: A7837
Law Section:: General Municipal Law
Laws Affected:: Amd §453, Gen Muni L

2011-S5420C (ACTIVE) - Summary

Authorizes the use of sewer surplus for infrastructure projects other than sewer projects in the village of Patchogue.

2011-S5420C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5420C

TITLE OF BILL:
An act
in relation to authorizing the use
of sewer surplus for infrastructure projects other than sewer projects
in the village of Patchogue and providing for the repeal of such
provisions  upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This legislation would allow the village of Patchogue to use surplus
funds received from sewer rents for other infrastructure projects.

SUMMARY OF SPECIFIC PROVISIONS:
Section One amends section 453 of the general municipal law by adding
a new subdivision 4, allowing the village of Patchogue to use up to
40% of the monies from the sewer rent fund that are left over after
all sewer related expenses are paid for infrastructure improvements.

Section Two is the effective date which includes a one year sunset.

JUSTIFICATION:
While water utilities are able to use their surplus funds for any
municipal purpose, sewer utilities are limited to using excess
revenues for only sewer-related purposes. Under current law, revenues
derived from sewer rents, including penalties and interest, are

credited to a special fund and the use of these funds are not
permitted for use beyond costs incurred that relate to the sewer
system.

In the village of Patchogue, the sewage plant and district plays a
large role in this community's revitalization and economic growth.
This growth has resulted in an influx of monies to the sewer fund but
also in increased stress and pressure on the community's
infrastructure. Allowing the village to use a limited amount of these
funds to address infrastructure issues would be a realistic and
appropriate way to solve the problems created by this economic growth.

This legislation would allow the village of Patchogue to use money
from the sewer rent fund to pay expenses or obligations incurred for
infrastructure improvements, after paying off all sewer-related
expenses. The village would also be able to allocate up to 40% of
this surplus to a special fund to be used specifically for
infrastructure improvements.
This ensures that the sewer needs are taken care of first, while
allowing the village to use some of the excess funds derived from
this source to solve the problems that come as a result of large and
expanding sewage facilities.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


This act shall take effect on the sixtieth day after
it shall have become a law.

2011-S5420C (ACTIVE) - Bill Text download pdf

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

    S. 5420--C                                            A. 7837--C
    Cal. No. 1114

                       2011-2012 Regular Sessions

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

                              May 19, 2011
                               ___________

IN  SENATE -- Introduced by Sen. ZELDIN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment -- recommitted to the Committee on Local Government in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  reported favorably from  said  committee,  ordered  to  first  report,
  amended  on  first  report,  ordered  to  a  second report and ordered
  reprinted, retaining its place  in  the  order  of  second  report  --
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading

IN ASSEMBLY -- Introduced by M. of A. MURRAY, ENGLEBRIGHT, BOYLE,  SCHI-
  MEL -- read once and referred to the Committee on Local Governments --
  recommitted  to  the Committee on Local Governments in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee -- again reported from  said
  committee  with amendments, ordered reprinted as amended and recommit-
  ted to said committee

AN ACT in relation to authorizing the use of sewer surplus  for  infras-
  tructure  projects  other  than sewer projects in the village of Patc-
  hogue and providing for the repeal of such provisions  upon expiration
  thereof

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

  Section 1. Notwithstanding section 453 of the general municipal law or
any  other provision of law to the contrary, the village of Patchogue is
hereby authorized to use surplus revenues derived from  sewer  rents  or
charges  collected in excess of amount necessary for the uses prescribed
in section 453 of the general municipal law for the payment of  expenses

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

                                                           LBD11579-06-2

S. 5420--C                          2                         A. 7837--C

or obligations incurred by such municipality for infrastructure improve-
ments,  or  to  be placed in a capital reserve fund, not to exceed forty
percent of the surplus, to be used specifically for  future  infrastruc-
ture  improvements.  The  village  of Patchogue shall adjust their sewer
rents, and take other actions as may be necessary, to avoid  any  future
sewer rent surpluses.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law and shall expire and be deemed repealed one year after
such date.

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Senate Bill S5420

Signed By Governor

Sponsored By

Archive: Last Bill Status Via A7837 - Signed by Governor

Actions

Votes

Jun 20, 2012 - Floor Vote

Floor Vote: Jun 20, 2012

Jun 6, 2012 - Local Government Committee Vote

Local Government Committee Vote: Jun 6, 2012

Bill Amendments

2011-S5420 - Details

2011-S5420 - Summary

2011-S5420 - Sponsor Memo

2011-S5420 - Bill Text download pdf

2011-S5420A - Details

2011-S5420A - Summary

2011-S5420A - Sponsor Memo

2011-S5420A - Bill Text download pdf

2011-S5420B - Details

2011-S5420B - Summary

2011-S5420B - Sponsor Memo

2011-S5420B - Bill Text download pdf

2011-S5420C (ACTIVE) - Details

2011-S5420C (ACTIVE) - Summary

2011-S5420C (ACTIVE) - Sponsor Memo

2011-S5420C (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2011-S5420

Senate Bill S5420

Signed By Governor

Share this bill

Sponsored By

Lee M. Zeldin

Archive: Last Bill Status Via A7837 - Signed by Governor

Actions

Votes

Bill Amendments

2011-S5420 - Details

2011-S5420 - Summary

2011-S5420 - Sponsor Memo

2011-S5420 - Bill Text download pdf

2011-S5420A - Details

2011-S5420A - Summary

2011-S5420A - Sponsor Memo

2011-S5420A - Bill Text download pdf

2011-S5420B - Details

2011-S5420B - Summary

2011-S5420B - Sponsor Memo

2011-S5420B - Bill Text download pdf

2011-S5420C (ACTIVE) - Details

2011-S5420C (ACTIVE) - Summary

2011-S5420C (ACTIVE) - Sponsor Memo

2011-S5420C (ACTIVE) - Bill Text download pdf

Comments