senate Bill S6713

2013-2014 Legislative Session

Relates to the establishment, extension, powers and expenses of watershed protection improvement districts

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Jun 10, 2014 advanced to third reading
Jun 09, 2014 2nd report cal.
Jun 03, 2014 1st report cal.1162
Mar 03, 2014 referred to local government

Votes

view votes

Jun 3, 2014 - Local Government committee Vote

S6713
8
0
committee
8
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Local Government committee vote details

Local Government Committee Vote: Jun 3, 2014

aye wr (1)

S6713 - Bill Details

See Assembly Version of this Bill:
A8931
Current Committee:
Law Section:
County Law
Laws Affected:
Amd ยง250, County L

S6713 - Bill Texts

view summary

Relates to the establishment, extension, powers and expenses of watershed protection improvement districts.

view sponsor memo
BILL NUMBER:S6713

TITLE OF BILL: An act to amend the county law, in relation to the
establishment, extension, powers and expenses of watershed protection
improvement districts

PURPOSE: Relates to the establishment, extension, powers and expenses
of watershed improvement districts by the board of supervisors of each
county.

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.

JUSTIFICATION: 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.

LEGISLATIVE HISTORY: 2014: New Legislation.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect immediately.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6713                                                  A. 8931

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

                              March 3, 2014
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- 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. 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
  districts

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

  Section 1. Section 250 of the county law, as amended by chapter 388 of
the laws of 1980, the opening paragraph as amended by chapter 620 of the
laws of 1996, subdivision 1-a as amended by section  73  of  part  A  of
chapter  58 of the laws of 2010, subdivision 4-a as added by chapter 761
of the laws of 1981, subdivision 6 as amended by chapter 622 of the laws
of 1984, and subdivision 8 as amended by chapter  184  of  the  laws  of
1981, is amended to read as follows:
  S 250. Purpose. The board of supervisors of each county may establish,
consolidate,  or  extend  county  water, water quality treatment, sewer,
wastewater disposal,  drainage,  WATERSHED  PROTECTION  IMPROVEMENT,  or
refuse  districts  (hereinafter  referred  to  in  this  article  as the
"district") in the manner hereinafter provided:
  1. For the purpose of developing or acquiring a supply  of  water  for
(a)   wholesale  distribution  to  other  municipalities,  districts  or
persons, corporate or otherwise, within the county water  district,  (b)
retail  distribution,  except  as hereinafter provided, or (c) both such
wholesale and retail distribution;
  1-a. For the purpose of (a) procuring  by  purchase,  lease  or  other
means  and  installing  water  quality  treatment  units  or devices, if
required; providing periodic testing and monitoring of raw and  finished
water from private wells in the district; monitoring, modifying, repair-
ing,  replacing,  operation  and maintenance, regenerating water quality
treatment units and devices and the administering of the  treatment  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13947-01-4

S. 6713                             2                            A. 8931

disposal  of residuals generated in the operation of the district pursu-
ant to rules and regulations adopted by the  public  health  and  health
planning  council  under  section  two hundred twenty-five of the public
health  law;  (b)  assisting local, state and federal agencies and offi-
cials in efforts to establish causes of, and implement remedial measures
to reduce water contamination and protect future water resources  within
the  district;  (c)  conduct  public meetings and issue an annual public
report to members of the district on the operation,  financial  position
and  water  quality  condition of said district; provided, however, that
with respect to any town in the county the board  of  supervisors  shall
first determine that such district or service will not be established or
provided by such town.
  2. For the purpose of (a) the conveyance from other municipalities and
districts within the county of sewage, and treatment and disposal there-
of,  (b)  collection,  except  as hereinafter provided, or (c) both such
conveyance and such collection;
  3. For the purpose of administration and  planning  (including  educa-
tional  programs),  design,  installation, construction, rehabilitation,
replacement,  operation   and   maintenance   (including   pumping   and
inspections), monitoring, residual treatment and disposal and regulation
of private on-site wastewater disposal systems of such district;
  4. For the purpose of drainage of storm water and other waters, either
surface or subsurface, within the county;
  4-a.  For the purpose of effecting lake protection and rehabilitation,
and any activities necessarily related thereto.
  5. For the purpose of  the  collection  and  disposition  of  garbage,
ashes, rubbish and other waste matter within the county.
  5-A. 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  TREAT-
MENT PROJECTS AND WETLAND CONSTRUCTION.
  6.  A county district established hereunder may consist of two or more
noncontiguous areas in which  the  water,  sewer,  wastewater  disposal,
drainage  or  refuse  system (hereinafter referred to in this article as
the "system") will  be  interrelated  and  interdependent,  however,  in
Suffolk  county  the  term  "interrelated  and  interdependent" shall be
deemed to mean that the noncontiguous areas must be  within  the  county
and  have  the same administrative head. However, a water quality treat-
ment district established hereunder  may  consist  of  noncontiguous  or
contiguous  benefited  parcels  of  property  and  shall be created by a
resolution of the county board of supervisors,  upon  petition  after  a
public hearing.
  7. Except in the county of Suffolk, no county district shall be estab-
lished  hereunder  which  shall  consist  wholly of territory within one
city, within one village or within that portion of one town outside of a
village.
  8. Notwithstanding any other provision of law  a  sewer  district  may
also  exercise  all  the powers of a wastewater disposal district if the
map and plan prepared pursuant to section  two  hundred  fifty-three  of
this  chapter,  or amended pursuant to section two hundred fifty-three-b
of this chapter, includes on-site wastewater disposal systems.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.