BILL NUMBER:  S4486

 TITLE OF BILL :  An act to amend the local finance law, in relation
to authorizing the adoption of a bond act for the construction,
reconstruction, or modification of sewage and drinking water
facilities in the county of Westchester without submission to a
referendum but subject to a public hearing

 PURPOSE OR GENERAL IDEA OF BILL :

To expand the scope of sewer and water projects exempt from the $10
million bond cap.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends section 33.10(b)(1) of the local finance
law, as amended by chapter 125 of the laws of 1990, to delete language
that requires a public referenda for bonds issued for capital projects
in excess of $10 million for the construction, reconstruction or
modification of facilities for the conveyance, treatment and disposal
of sewage unless they are projects required by order of the department
of health or department of environmental conservation, or an
interstate agency.

Section 1 also adds facilities for the distribution, treatment, and
storage of drinking water as additional capital projects exempt from
              

the requirement for public referenda. Section 1 further provides that
such bond acts in excess of $10 million shall not be adopted by the
board of legislators until a public hearing with notice is held.

Section 2 is the effective date.

 JUSTIFICATION :

Current law limits Westchester County's authority for bond issuances
for most capital projects to a maximum of $10 million, unless a
mandatory referendum is conducted. Excepted from this limitation are
capital projects required by order of the New York State department of
health or department of environmental conservation commissioner(s) or
an interstate agency concerning sewage facilities; solid waste
facilities required by county, state, or federal agencies or court
order; or hospital facilities and property interests related to a 1973
lease between Westchester County, the housing finance authority and
facility development corporation.

This legislation would expand the scope of projects that are exempt
from the $10 million cap to include all sewer projects and all
drinking water projects. However, bond acts in excess of $10 million
could not be adopted by the board of legislators until a public
hearing with notice was held.

Westchester County is the only county in New York required under the
local finance law to hold a referendum on capital spending over a
certain amount.

The supply of potable water is one of the most basic and important
functions of government. The County, as a municipal supplier of water,
is responsible for providing clean drinking water to approximately
one-third of the County's population. The County currently estimates
the cost of necessary improvements to the County water treatment and
distribution systems to exceed $10 million dollars dependent upon
available technology and location of the treatment facilities. These
improvements will encompass the installation of facilities, piping and
equipment to improve the resiliency of the main water supply to the
cities of White Plains, Yonkers, Mt. Vernon and the Town/Village of
Scarsdale.
The referendum requirement unnecessarily threatens the County's
ability to make these essential water system capital improvements,
including potentially affecting the timing of County improvements
thereby making project coordination difficult and more expensive.
Notably, should a required referendum fail, the County will remain
obligated pursuant to state and federal rules and regulations to
proceed with the water system capital improvements without the ability
to bond for costs. This would subject the proposed projects to
uncertainty and potentially subject County water district residents to
unmanageable costs.

Clean drinking water is vital to public health and the provision of a
clean and sufficient drinking water supply is an essential government
service. Capital projects that are necessary for the health and safety
of Westchester County residents should not be delayed or subject to
public referenda.This legislation would authorize the County to
address the capital needs of its sewage and drinking water facilities
while ensuring the public has an opportunity to be heard by requiring
a public hearing with notice before the adoption of bond acts in
excess of $10 million for these capital projects.

The Westchester County 2015 Joint State Legislative Program requests
this legislation. It should also be noted that the New York State
Department of Health has indicated to the County's Department of
Environmental Facilities that it is a proponent of this request.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.