NY State Senate Bill 2013-S7205

Senate Bill S7205

2013-2014 Legislative Session

Relates to the establishment, extension, powers and expenses of underground utility improvement districts

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Archive: Last Bill Status - In Senate Committee Local Government Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2014	referred to local government

2013-S7205 (ACTIVE) - Details

See Assembly Version of this Bill:: A9522
Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Amd §§190, 193, 198, 202, 202-b, 209-a & 209-d, Town L; amd §1020-g, Pub Auth L

2013-S7205 (ACTIVE) - Summary

Relates to the establishment, extension, powers and expenses of underground utility improvement districts.

2013-S7205 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7205

TITLE OF BILL:  An act to amend the town law and the public
authorities law, in relation to the establishment, extension, powers
and expenses of underground utility improvement districts

PURPOSE:

Relates to the establishment, extension, powers and expenses of
underground utility improvement districts.

SUMMARY OF PROVISIONS:

Section 1. Section 190 of the Town Law is amended to allow town boards
of any town to establish or extend an underground utility improvement
district.

Section 2. Amends paragraph a of subdivision 1 of Section 193 of the
Town Law relating to the procedure to be followed whenever a petition
shall be presented to the town board for the establishment or
extension of an underground utility improvement district.

Section 3. Section 198 of the Town Law is amended by adding a new
subdivision 10-h establishing a procedure to be followed by the town
board after an underground utility improvement district has been
established.

Section 4. Subdivision 3 of Section 202 of the Town Law is amended
relating to the leveraging of fees associated with the establishment
of an underground utility improvement district

Section 5. Subdivision 2 of Section 202-b of the Town Law relating to
the town board's ability, on behalf of an underground utility
improvement district, to provide necessary maintenance.

Section 6. Subdivision 1 of Section 209-a of the Town Law is amended
to include underground utility improvement districts within the term
"improvement district".

Section 7. Subdivision 1 of Section 209-d of the Town Law is amended
relating to public notification.

Section 8. Section 1020-g of the Public Authorities Law is amended to
provide that a town in the service area of a public authority which
has established an underground utility improvement district in order
to underground the authority's public utility facilities, may petition
the authority to contribute to the distinct at least 50% of the net
incremental cost of improvements for the district pursuant to the
provisions of this subdivision. Defines "net incremental cost" as the
difference between the total cost of constructing public utility
facilities underground and the total cost of constructing such
facilities overhead. Any state or federal aid to construct such public
utility facilities shall also be subtracted from the net incremental
cost.

Section 9. Effective date.


JUSTIFICATION:

Much of New York's communication and electrical infrastructure
currently exists as overhead public utilities.  However, as seen with
recent storms, overhead utilities are much more susceptible to wind
damage and falling trees and branches, and provide a much less
reliable service during storms. Additionally, many communities in New
York are seeking to protect the rural, scenic and historic character
of their downtowns and open, preserved spaces.  Overhead utilities and
expansion of those utilities often are not consistent with the goals
of local planning and zoning regulations.

Because there may be certain communities which are more susceptible to
extreme weather events or may want to protect the rural, scenic and/or
historic character of their community, this bill would provide a
mechanism by which municipalities may create utility improvement
districts to raise funds to place utilities underground.

LEGISLATIVE HISTORY:

2014: New Legislation

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S7205 (ACTIVE) - Bill Text download pdf

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

    S. 7205                                                  A. 9522

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

                               May 6, 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 town law and the public authorities law, in relation
  to the establishment, extension, powers and  expenses  of  underground
  utility improvement districts

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

  Section 1. Section 190 of the town law, as amended by chapter  378  of
the laws of 2012, is amended to read as follows:
  S  190.  Establishment  or  extension of improvement districts. Upon a
petition as hereinafter provided, the town board of any town may  estab-
lish  or  extend  in  said  town a sewer, drainage, water, water quality
treatment, park, public parking, lighting, snow removal,  water  supply,
sidewalk,  a  fallout  shelter  district or refuse and garbage district,
aquatic plant growth control  district,  ambulance  district,  watershed
protection   improvement   district,   UNDERGROUND  UTILITY  IMPROVEMENT
DISTRICT, and in any town bordering upon or containing within its bound-
aries any navigable waters of this state, a harbor improvement district,
a public dock district, or beach erosion control district,  and  provide
improvements  or  services, or both, in any such district, wholly at the
expense of the district; but no water supply district  shall  be  estab-
lished  or  extended to include lands situate within the boundaries of a
water district. No such district shall be established or extended  in  a
city  or  in  an  incorporated  village  provided,  however, that such a
district may be established or  extended  wholly  or  partly  within  an
incorporated village on consent of the village expressed in a local law,
ordinance  or  resolution,  subject  to  a  referendum on petition under
section twenty-four of the municipal  home  rule  law  or  a  permissive
referendum  under  article  nine of the village law, as the case may be,
and except, in the case  of  a  water  quality  treatment  district,  on

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

                                                           LBD14812-01-4

S. 7205                             2                            A. 9522

consent  of  a  village expressed in a local law or by resolution of the
board of trustees and not subject to any referendum.
  S  2.  Paragraph a of subdivision 1 of section 193 of the town law, as
amended by chapter 378 of the laws  of  2012,  is  amended  to  read  as
follows:
  a.  Whenever  a petition shall be presented to the town board pursuant
to this article, for the establishment or extension of a sewer, wastewa-
ter disposal, drainage, water, water  quality  treatment,  park,  public
parking,  lighting,  snow  removal,  water  supply, sidewalk, refuse and
garbage, aquatic plant  growth  control  district,  ambulance  district,
harbor improvement district, public dock district, beach erosion control
district, watershed protection improvement district, UNDERGROUND UTILITY
IMPROVEMENT  DISTRICT,  or  a  fallout shelter district, the board shall
adopt an order and enter the same in the  minutes  of  its  proceedings,
reciting in general terms the filing of such petition, the boundaries of
the  proposed  district,  the  improvements proposed, the maximum amount
proposed to be expended for the improvement as stated in the petition or
the maximum amount to be expended for the performance  or  supplying  of
services  if  a  maximum amount is stated in the petition, the estimated
cost of hook-up fees, if any, to, and the cost of the district or exten-
sion to, the typical property and, if different, the typical one or  two
family  home,  and  specifying  the time when and place where said board
will meet to consider the petition and to hear all persons interested in
the subject thereof, concerning the same. The board shall cause  a  copy
of  such  order,  certified  by the town clerk, to be published at least
once in the official paper, the first publication thereof to be not less
than ten nor more than twenty days before the day set  therein  for  the
hearing  as  aforesaid, and shall also cause a copy thereof to be posted
on the signboard of the town maintained pursuant to subdivision  six  of
section  thirty  of this chapter, not less than ten nor more than twenty
days before the day designated for the  hearing  as  aforesaid.  In  the
event  that  the  town maintains a website, such information may also be
provided on the website. Prior to the  publication  of  a  copy  of  the
order,  the  board  shall  cause  to  be  prepared,  and file for public
inspection with the town clerk, a detailed explanation of how the  esti-
mated  cost of hook-up fees, if any, to, and the cost of the district or
extension to, the typical property and, if different, the typical one or
two family home was computed.
  S 3. Section 198 of the town law is amended by adding a  new  subdivi-
sion 10-h to read as follows:
  10-H.  UNDERGROUND  UTILITY IMPROVEMENT DISTRICT. AFTER AN UNDERGROUND
UTILITY IMPROVEMENT DISTRICT HAS BEEN ESTABLISHED, THE  TOWN  BOARD  MAY
TAKE  SUCH  ACTION  AS MAY BE REQUIRED TO ADOPT PLANS AND SPECIFICATIONS
AND ENTER INTO A CONTRACT OR CONTRACTS, OR TAKE SUCH  OTHER  ACTIONS  AS
MAY  BE  REQUIRED WITH A PUBLIC UTILITY COMPANY, MUNICIPALITY, OR PUBLIC
AUTHORITY IN ORDER TO CONSTRUCT UNDERGROUND NEW PUBLIC  UTILITY  FACILI-
TIES  OR  CONVERT  EXISTING OVERHEAD PUBLIC UTILITY FACILITIES TO UNDER-
GROUND FACILITIES. FOR THE PURPOSES OF THIS SUBDIVISION, "PUBLIC UTILITY
FACILITIES" SHALL INCLUDE THE TRANSMISSION  AND  DISTRIBUTION  OF  ELEC-
TRICAL  ENERGY,  TELEPHONE  LINES, AND CABLE TELEVISION LINES, INCLUDING
POLES, WIRES, AND ALL ASSOCIATED STRUCTURES.
  S 4. Subdivision 3 of section 202 of the town law, as amended by chap-
ter 378 of the laws of 2012, is amended to read as follows:
  3. The expense of the establishment of a park, public parking,  water,
lighting,  snow removal, water supply, water, water storage and distrib-
ution, sidewalk,  refuse  and  garbage,  aquatic  plant  growth  control

S. 7205                             3                            A. 9522

district,  ambulance  district,  harbor  improvement district, watershed
protection  improvement  district,   UNDERGROUND   UTILITY   IMPROVEMENT
DISTRICT,  public  dock  district,  fallout  shelter  district, or beach
erosion  control  district,  and  providing improvements or services, or
both, therefor, and of constructing  lateral  water  mains  pursuant  to
paragraph  (b)  of subdivision one of section one hundred ninety-nine OF
THIS ARTICLE, shall be assessed, levied and collected from  the  several
lots  and  parcels  of  land within the district for each purpose in the
same manner and at the same time as other town charges, except as other-
wise provided by law. In the event that any order  adopted  pursuant  to
section  two  hundred  nine-d of this chapter for the establishment of a
water district, sidewalk district, a public parking district,  a  refuse
and garbage district, an aquatic plant growth control district, lighting
district, watershed protection improvement district, UNDERGROUND UTILITY
IMPROVEMENT  DISTRICT, or beach erosion and control district or that any
petition for the establishment of a water district, sidewalk district, a
public parking district, a refuse and garbage district, an aquatic plant
growth control district, lighting district,  or  beach  erosion  control
district,  shall  contain  a statement that the cost of constructing the
water system, sidewalks, lighting system,  or  acquiring  and  improving
lands for public parking or for refuse and garbage purposes or for beach
erosion  control,  or  for watershed protection improvement district, OR
FOR UNDERGROUND UTILITY  IMPROVEMENT  DISTRICT,  or  for  aquatic  plant
growth  control,  shall  be  assessed by the town board in proportion as
nearly as may be to the benefit which each lot  or  parcel  will  derive
therefrom,  the amount to be raised for the payment of the principal and
interest of the bonds issued for the construction of the  water  system,
sidewalks,  lighting system, or acquiring and improving lands for public
parking or for refuse and garbage purposes or for beach erosion control,
or for  aquatic  plant  growth  control,  or  for  watershed  protection
improvement  district,  OR FOR UNDERGROUND UTILITY IMPROVEMENT DISTRICT,
pursuant to such petition or order, shall be assessed on the lands with-
in such district in the same manner as provided in  the  case  of  trunk
sewers.  The  expense  of  constructing  lateral water mains pursuant to
paragraph (c) of subdivision one of section one hundred  ninety-nine  OF
THIS  ARTICLE  shall  be assessed, levied and collected from the several
lots and parcels of land within the district in proportion to  the  area
of such lot or parcel of land to the total area of the district.
  S  5.  Subdivision  2  of section 202-b of the town law, as amended by
chapter 378 of the laws of 2012, is amended to read as follows:
  2. The town board may, on behalf of a park, public parking, ambulance,
lighting, snow removal,  refuse  and  garbage,  public  dock,  watershed
protection   improvement   district,   UNDERGROUND  UTILITY  IMPROVEMENT
DISTRICT, or beach erosion control district, and within the  limitations
of  section one hundred ninety-eight of this chapter, acquire additional
apparatus and  equipment  and  replace  obsolete,  inadequate,  damaged,
destroyed  or  worn-out  apparatus  and  equipment, and it may construct
additional  facilities  and  appurtenances  thereto  or  reconstruct  or
replace  obsolete, inadequate, damaged, destroyed or worn-out facilities
and appurtenances thereto. Such expenditure shall be authorized  in  the
manner  provided in subdivision one of this section, except that the map
and plan described by said subdivision one shall not be required. Howev-
er, nothing herein contained shall be construed to  limit  or  supersede
the  provisions  of  section  seventy-two hundred three of the education
law.

S. 7205                             4                            A. 9522

  S 6. Subdivision 1 of section 209-a of the town  law,  as  amended  by
chapter 378 of the laws of 2012, is amended to read as follows:
  1.  the term "improvement district" shall include only a sewer, waste-
water disposal, drainage, water, park, public  parking,  lighting,  snow
removal,  water  supply,  sidewalk,  refuse  and  garbage, aquatic plant
growth control, or watershed protection improvement district, OR  UNDER-
GROUND  UTILITY IMPROVEMENT DISTRICT, or ambulance district in any town,
and, in any town bordering upon or containing within its boundaries  any
navigable  water  of  this  state a public dock or beach erosion control
district;
  S 7. Subdivision 1 of section 209-d of the town  law,  as  amended  by
chapter 378 of the laws of 2012, is amended to read as follows:
  1.  Subsequent  to the date of the filing of the map, plans and report
in the office of the town clerk  as  required  in  section  two  hundred
nine-c  of  this article the town board may adopt an order and enter the
same in the minutes of its proceedings reciting  a  description  of  the
boundaries  of the proposed district or extension in a manner sufficient
to identify the lands included therein as in a deed of  conveyance,  the
improvements  proposed,  the  maximum amount proposed to be expended for
the improvement, the estimated cost of hook-up fees, if any, to, and the
cost of the district or extension  to,  the  typical  property  and,  if
different,  the  typical  one or two family home, the proposed method of
financing to be employed, the fact that a map, plan and report  describ-
ing  the  same  are  on  file  in  the  town  clerk's  office for public
inspection and specifying the time when and the place where  said  board
will  meet  and  hold a public hearing to hear all persons interested in
the subject thereof, concerning the same.  If such order  proposes  only
the performance or supplying of certain services, it may state the maxi-
mum  amount  to  be expended annually for such services. The board shall
cause a copy of such order to be published at least once in the official
paper, the first publication thereof to be not less than  ten  nor  more
than  twenty  days  before the day set therein for the hearing as afore-
said, and shall also cause a copy thereof to be posted on the sign-board
of the town maintained pursuant to subdivision six of section thirty  of
this chapter, not less than ten nor more than twenty days before the day
designated  for  the  hearing as aforesaid. Such order may further state
such place other than the town clerk's office where the  map,  plan  and
report  may  be  examined  in  advance of the hearing, if the town board
determines that, in the public interest, some other additional place  is
necessary or desirable. If a water district, sidewalk district, a public
parking  district,  a  refuse and garbage district, aquatic plant growth
control district, watershed protection improvement district, UNDERGROUND
UTILITY IMPROVEMENT DISTRICT,  or  beach  erosion  control  district  is
proposed, such order may contain a statement that the cost of construct-
ing the water system, sidewalks or acquiring lands for public parking or
for  refuse  and  garbage  purposes,  or  aquatic  plant  growth control
purposes or for  beach  erosion  control  or  for  watershed  protection
improvement  purposes,  OR FOR UNDERGROUND UTILITY IMPROVEMENT PURPOSES,
shall be assessed by the town board in proportion as nearly as may be to
the benefit which each lot or parcel will derive therefrom. Prior to the
publication of the order, the board shall cause to be prepared, and file
for public inspection with the town clerk, a detailed explanation of how
the estimated cost of hook-up fees, if any, to,  and  the  cost  of  the
district  or  extension  to, the typical property and, if different, the
typical one or two family home, was computed.

S. 7205                             5                            A. 9522

  S 8. Section 1020-g of the public authorities law is amended by adding
a new subdivision (o) to read as follows:
  (O)  (I)  WHERE A TOWN IN THE SERVICE AREA OF THE AUTHORITY HAS ESTAB-
LISHED AN UNDERGROUND UTILITY IMPROVEMENT DISTRICT IN  ORDER  TO  UNDER-
GROUND  THE  AUTHORITY'S  PUBLIC UTILITY FACILITIES, PURSUANT TO ARTICLE
TWELVE OR TWELVE-A OF THE TOWN LAW, SUCH TOWN MAY PETITION THE AUTHORITY
TO CONTRIBUTE TO THE DISTRICT AT LEAST FIFTY PERCENT (50%)  OF  THE  NET
INCREMENTAL  COST  OF  IMPROVEMENTS  FOR  THE  DISTRICT  PURSUANT TO THE
PROVISIONS OF THIS SUBDIVISION. "NET  INCREMENTAL  COST"  SHALL  BE  THE
DIFFERENCE BETWEEN THE TOTAL COST OF CONSTRUCTING PUBLIC UTILITY FACILI-
TIES  UNDERGROUND  AND  THE  TOTAL  COST OF CONSTRUCTING SUCH FACILITIES
OVERHEAD. THE TERM "PUBLIC UTILITY FACILITIES" SHALL HAVE THE SAME MEAN-
ING AS IN SUBDIVISION TEN-H OF SECTION ONE HUNDRED NINETY-EIGHT  OF  THE
TOWN  LAW.  ANY  STATE  OR  FEDERAL AID TO CONSTRUCT SUCH PUBLIC UTILITY
FACILITIES SHALL ALSO BE SUBTRACTED FROM NET INCREMENTAL COST.
  (II) THE AUTHORITY AND THE TOWN SHALL HOLD A JOINT PUBLIC  HEARING  ON
THE PETITION OF THE TOWN.
  (III)  THE AUTHORITY AND THE TOWN SHALL DETERMINE WHETHER OR NOT FUND-
ING BY THE AUTHORITY IS IN THE GENERAL PUBLIC INTEREST.
  (IV) IN DETERMINING GENERAL PUBLIC INTEREST, THE TOWN AND THE AUTHORI-
TY SHALL CONSIDER: (A) WHETHER THE PROJECT WILL AVOID  OR  ELIMINATE  AN
UNUSUALLY HEAVY CONCENTRATION OF OVERHEAD ELECTRIC PUBLIC UTILITY FACIL-
ITIES,  OR  (B) WHETHER THE STREET OR ROADWAY IS EXTENSIVELY USED BY THE
GENERAL PUBLIC AND CARRIES A HEAVY VOLUME OF PEDESTRIAN OR VEHICLE TRAF-
FIC, OR (C) THE STREET OR ROADWAY PASSES THROUGH AN  AREA  WHICH  IS  OF
GENERAL  PUBLIC INTEREST BASED UPON OPEN SPACE RESOURCES, FARMLAND PRES-
ERVATION RESOURCES, HISTORIC PRESERVATION RESOURCES, PARK AND RECREATION
RESOURCES, OR SCENIC OR AESTHETIC RESOURCES.
  (V) THE AUTHORITY SHALL COMMIT TO PAY AT LEAST FIFTY PERCENT (50%)  OF
THE  NET  INCREMENTAL  COST  OF THE IMPROVEMENTS OF THE DISTRICT, IF THE
AUTHORITY AND THE TOWN EACH FIND THAT ANY  OF  THE  THREE  STANDARDS  IN
PARAGRAPH (IV) OF THIS SUBDIVISION ARE MET.
  (VI)  ANY  DETERMINATION  UNDER  THIS  SUBDIVISION SHALL BE SUBJECT TO
REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE  LAW  AND
RULES.
  S 9. This act shall take effect immediately.

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