Senate Bill S7299

                                BILL NUMBER:S7299

TITLE OF BILL:
An act
to authorize and direct the Erie county soil and water conservation
district and the Niagara county soil and water conservation district to
study runoff reduction volume when applied to soil profiles and
topography within Erie and Niagara counties

PURPOSE:
To direct the Erie County Soil and Water Conservation
District and the Niagara County Soil and Water Conservation District
in consultation with the New York State Department of Environmental
Conservation and the Western New York Storm water Coalition to study
the effectiveness of the New York State Stormwater Management Design
Manual's green infrastructure techniques to achieve runoff reductions
when applied to the soil profiles and topography found within the
counties of Erie and Niagara

SUMMARY OF PROVISIONS:
Section 1 of the bill directs the Erie County Soil and Water
Conservation District and the Niagara County Soil and Water
Conservation District (in consultation with the New York State
Department of Environmental Conservation and the Western New York
Stormwater Coalition) to study the effectiveness of the New York
State Stormwater Management Design Manual's green infrastructure
              

techniques to achieve runoff reductions when applied to the soil
profiles and topography found within the counties of Erie and Niagara.

Section 2 of the bill is the effective date.

JUSTIFICATION:
The soil composition in Erie and
Niagara counties is
largely clay. Clay has infiltration problems. This problem is
compounded by the flat topography which exists in both counties. This
combination of soil type and topography is unique in New York State.
This unique situation has created problems in achieving runoff
reductions necessary to meet storm water permit requirements. The New
York State Storm water Design Manual recommends various techniques to
increase infiltration. The clay soils have rendered efforts to apply
green infrastructure unsuccessful because of the problems with
groundwater discharge created by the clay soil.

The inability to effectively use the techniques in the Stormwater
Management Design Manual has resulted in development being stalled in
both Erie and Niagara counties. Stormwater permits are not being
issued because of the problems in meeting the current requirements.

The new residential home construction industry is already in severe
distress in western New York. This paralysis in the issuance of
stormwater permits is negatively impacting economic
development and job creation. The objective of this bill is to study
the recommended techniques to achieve runoff reduction to determine
their effectiveness when applied to the soil type and topography in
Erie and Niagara counties. This study will provide a sound basis on


which to examine the efficacy of the current rules with these
conditions. This study is necessary to determine if alternative
approaches are viable so residential construction projects can
proceed in Erie and Niagara counties.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
This study would be jointly undertaken by the
Erie County Soil and Water Conservation District and the Niagara
County Soil and Water Conservation District and would be eligible for
reimbursement under section 11-a of the State Soil and Water
Conservation District Law.

EFFECTIVE DATE:
Immediately.