BILL NUMBER:S5078

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to wet weather discharges from sanitary sewers

PURPOSE:

Requires the Commissioner of the Department of Environmental
Conservation (DEC) to consider certain measures including a
community's financial capabilities, affordability of control options,
and effectiveness and affordability of control technologies, before
issuing permits for discharge.

SUMMARY OF PROVISIONS:

Section 1: The environmental conservation law is amended by
stipulating the DEC Commissioner or his or her representative consider
the following before issuing a discharge permit in conjunction with
the federal Water Pollution Control Act:  A. A community's financial
capabilities and ability to raise or secure necessary funding. B. The
affordability of control options. C.  An evaluation of the
effectiveness and affordability of control technologies. D. Promotion
of green infrastructure. E. Reducing economic impacts on regulated
entities, other state and local government entities, and residents. F.
Allowing for reasonable accommodations for regulated entitles and
other state and local governmental entities when inflexible standards
              

and fines would impose a disproportionate financial hardship in light
of the environmental benefits to be gained. G. diving preference,
where proposed by a permittee, to control options that meet
presumption approach performance criteria and demonstrate significant
pollution reduction rather than mandating specific designs. R.
Allowing adequate time and flexibility for implementation schedules
when justified by a clear environmental benefit, a community's ability
to raise or secure adequate funds, an analysis concluding that the
costs of a shorter implementation schedule outweigh the benefits of
faster implementation, or other facts. I. Factors set forth in the
United States Environmental Protection Agency's "Combined Sewer
Overflow Control Policy" that may ease the cost burdens of
implementing long-term control plans, including but not limited to
small system considerations, the attainability of water quality
standards, and the development of wet weather standards.

JUSTIFICATION:

As the state looks to reevaluate the unfunded mandates which continue
to cripple our state it is important for the state to consider the
fiscal impacts of certain policies. The Municipal Separate Storm Sewer
Systems (MS4s) for the eastern portion of the Hudson Valley is one of
the most painful mandates in existence. With little if any
consideration to the county and local municipalities' ability to pay
for the mandated retro-fitting to reduce phosphates in the Croton
Watershed the DEC has placed a massive burden which, according to some
estimates, will cost this region $500 million. This bill will force
the DEC to consider a county and town's ability to afford the mandated
retrofits before issuing a permit. Furthermore, it will ensure the
measures taken are effective and affordable through an evaluation
process. Blindly spending millions of taxpayer dollars without firmly


knowing the results is an insult to residents of this state. Before
hard earned tax dollars mare invested in multi-million dollar
projects, which will incur further financial hard- ships, the
environmental benefits need to be properly substantiated. Citing these
potential financial burdens placed on taxpayers similar legislation
has been passed in other states including Kentucky.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None to the state

EFFECTIVE DATE:

Immediately.