S. 5422--A 2
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act may be known and be cited as the "New
York state municipal separate stormwater sewer system mandate relief act
of 2016".
S 2. This act enacts into law major components of legislation relating
to municipal separate stormwater sewer system mandate relief. Each
component is wholly contained within a Part identified as Parts A
through F. The effective date for each particular provision contained
within such Part is set forth in the last section of such Part. Any
provision in any section contained within a Part, including the effec-
tive date of the Part, which makes a reference to a section "of this
act", when used in connection with that particular component, shall be
deemed to mean and refer to the corresponding section of the Part in
which it is found. Section four of this act sets forth the general
effective date of this act.
PART A
Section 1. Short title. This act may be known and be cited as the
"New York state stormwater management financing act of 2016."
S 2. This act enacts into law major components of legislation relating
to stormwater management financing. Each component is wholly contained
within a Subpart identified as Subpart A and B. The effective date for
each particular provision contained within such Subpart is set forth in
the last section of such Subpart. Any provision in any section contained
within a Subpart, including the effective date of the Subpart, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Subpart in which it is found. Section four
of this act sets forth the general effective date of this act.
SUBPART A
Section 1. Notwithstanding any other provision of law, rule or regu-
lation to the contrary, any monies received by the state from any
settlement with Deutsche Bank shall be used to provide state assistance
for a water project referred to in section 1045-b of the public authori-
ties law or a non-agricultural nonpoint source abatement and control
project referred to in section 17-1409 of the environmental conservation
law.
As used in this section, the term "settlement revenue" shall mean the
sum of all revenue received as a result of civil litigation involving
Deutsche Bank in state fiscal year 2016-2017.
Such monies shall be disbursed for payment of financial assistance,
from funds appropriated for such purpose, to municipalities in support
of stormwater management projects pursuant to section 1285-m of the
public authorities law or section 17-0709 of the environmental conserva-
tion law, which, notwithstanding any other provision of law to the
contrary, shall be used for purposes to support stormwater management
projects; provided that at least $600,000,000 shall be made available
from the settlement revenue and shall be payable no later than ninety
days after the effective date of this act, for the purpose of providing
financial assistance.
S 2. This act shall take effect immediately.
S. 5422--A 3
SUBPART B
Section 1. For purposes of this act:
a. "Stormwater management project" shall mean a water project, as
defined in section 1045-b of the public authorities law, or a nonpoint
source project such as stormwater management projects which otherwise
meet the definition of a "nonpoint source abatement and control program"
as defined in section 17-1403 of the environmental conservation law, and
an "eligible project" as defined in paragraphs (a), (b), (c) and (e) of
subdivision 4 of section 1160 of the public health law.
b. "Construction" shall mean:
(1) for water projects, as defined in section 1045-b of the public
authorities law; and
(2) for eligible projects, as defined in section 1160 of the public
health law.
c. "Municipality" shall mean any county, city, town, village, district
corporation, county or town improvement district, school district, Indi-
an nation or tribe recognized by the state or the United States with a
reservation wholly or partly within the boundaries of the state, any
public benefit corporation or public authority established pursuant to
state laws or any agency which is empowered to construct and operate a
stormwater management project, or any two or more of the foregoing which
are acting jointly in connection with a stormwater management project.
S 2. a. The environmental facilities corporation shall undertake and
provide state financial assistance payments, from funds appropriated for
such purpose, to municipalities in support of stormwater management
projects; provided, however, in any such year that funds are appropri-
ated for such purpose, no municipality shall receive more than ten
million dollars of appropriated funds in a single fiscal year. Such
state financial assistance payments shall be awarded only to stormwater
management projects for:
(1) SPDES upgrades, to assist existing sewage treatment works, public
or private, to rehabilitate, replace or upgrade equipment that is unre-
liable, failing or nearing the end of its useful life and is necessary
to the treatment process which allow such sewage treatment works to
reliably meet the conditions of their respective state pollutant
discharge elimination system permits as defined in section 17-0815 of
the environmental conservation law;
(2) New infrastructure funds, to construct new sewage treatment works
or community septic systems and related infrastructure, including
related sewerage collection systems, or to create and fund septic
districts in areas of existing development, to address existing or
anticipated water quality problems;
(3) Sewer extensions, to construct extensions to sewerage collection
systems, community septic systems and related infrastructure, in areas
of existing concern;
(4) Stormwater retrofits, to design, permit, construct, implement and
maintain stormwater best management practices to address existing storm-
water runoff in concentrated areas of impervious surfaces to the extent
such practices are necessary to correct or reduce existing erosion
and/or pollutant loadings;
(5) Sand and salt storage facilities, to improve the storage of sand,
salt and other road de-icing materials so as to better protect water
quality and to assist local governments in complying with the watershed
regulations;
S. 5422--A 4
(6) Stream corridor protection, to pay the costs of designing,
constructing and implementing stream corridor protection projects such
as streambank stabilizations and fish habitat;
(7) Water quality projects, provided that such measures constitute
water projects as defined in section 1045-b of the public authorities
law;
(8) Rehabilitation or replacement of subsurface sewage treatment
systems that are failing or likely to fail soon or are in areas which
exhibit concentrations of failing or soon-to-be-failing septic systems,
including pump-outs and to determine whether rehabilitation or replace-
ment is appropriate; and
(9) Sewerage collection systems or extensions to sewerage collection
systems to the extent necessary to serve areas with concentrations of
failing or soon-to-be-failing treatment systems constructed on inappro-
priate sites from a water quality perspective such as undersized lots in
lakefront communities adjacent to lakes or reservoirs, or to combine
sewage flows currently treated at two or more wastewater treatment
plants and expansions of existing wastewater treatment plants or
construction of new wastewater treatment plants necessary to accommodate
the additional flow resulting from such sewering.
b. A municipality may make an application for such state financial
assistance payment, in a manner, form and timeframe, and containing such
information as the environmental facilities corporation may require;
provided however, such requirements shall not include a requirement for
prior listing on the intended use plan.
c. A municipality shall not be required to accept environmental facil-
ities corporation loan financing in order to obtain a state financial
assistance payment pursuant to this act if it can provide proof of
having obtained similarly low cost financing or other funding from
another source.
S 2. This act shall take effect immediately.
S 3. Severability. If any clause, sentence, paragraph, section, or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section, or part thereof involved in the
controversy in which such judgment shall have been rendered.
S 4. This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A and B of this act shall be
as specifically set forth in the last section of such Subparts.
PART B
Section 1. The sum of six hundred million dollars ($600,000,000), or
so much thereof as may be necessary, is hereby appropriated to the
department of environmental conservation from any moneys in the state
treasury in the general fund to the credit of the aid to localities
account not otherwise appropriated for the purposes of carrying out the
provisions of the New York state stormwater management financing act of
2015. Up to two hundred million dollars ($200,000,000) shall be avail-
able from this appropriation in state fiscal year 2016-17, up to an
additional two hundred million dollars ($200,000,000) shall be available
in state fiscal year 2017-18, and up to an additional two hundred
million dollars ($200,000,000) shall be available in state fiscal year
2018-19. All or a portion of such funds may be suballocated or trans-
ferred to the environmental facilities corporation, the department of
S. 5422--A 5
health, the department of state or the soil and water conservation
committee provided that the amount suballocated or transferred is used
for the purposes of financing stormwater management projects. Such sum
shall be payable on the audit and warrant of the state comptroller on
vouchers certified or approved by the commissioner of environmental
conservation, or his or her duly designated representative in the manner
provided by law. No expenditure shall be made from this appropriation
until a certificate of approval of availability shall have been issued
by the director of the budget and filed with the state comptroller and a
copy filed with the chairman of the senate finance committee and the
chairman of the assembly ways and means committee. Such certificate may
be amended from time to time by the director of the budget and a copy of
each such amendment shall be filed with the state comptroller, the
chairman of the senate finance committee and the chairman of the assem-
bly ways and means committee.
S 2. This act shall take effect immediately.
PART C
Section 1. Paragraphs (e) and (f) of subdivision 3 of section 1285-m
of the public authorities law, as added by chapter 413 of the laws of
1996, are amended and a new paragraph (g) is added to read as follows:
(e) investment earnings on amounts in such fund; [and]
(f) the proceeds of bonds or notes issued by the corporation for
purposes of providing financial assistance to recipients[.]; AND
(G) MONEYS APPROPRIATED PURSUANT TO THE NEW YORK STATE STORMWATER
MANAGEMENT FINANCING ACT OF TWO THOUSAND SIXTEEN.
S 2. Section 97-ddd of the state finance law, as added by chapter 432
of the laws of 1997, is REPEALED and a new section 99-y is added to read
as follows:
S 99-Y. DRINKING WATER PROGRAM MANAGEMENT AND ADMINISTRATION FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP-
TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN
AS THE "DRINKING WATER PROGRAM MANAGEMENT AND ADMINISTRATION FUND".
2. THE DRINKING WATER PROGRAM MANAGEMENT AND ADMINISTRATION FUND MAY
CONSIST OF (A) ALL MONEYS TRANSFERRED TO THE STATE FROM THE DRINKING
WATER REVOLVING FUND PURSUANT TO SECTION TWELVE HUNDRED EIGHTY-FIVE-M OF
THE PUBLIC AUTHORITIES LAW, (B) ALL OR A PORTION OF MONEYS MADE AVAIL-
ABLE TO THE STATE FOR PURPOSES OF ADMINISTERING AND MANAGING FINANCIAL
ASSISTANCE PROVIDED TO RECIPIENTS FROM THE DRINKING WATER REVOLVING FUND
PURSUANT TO THE FEDERAL SAFE DRINKING WATER ACT, (C) MONEYS APPROPRIATED
PURSUANT TO THE NEW YORK STATE STORMWATER MANAGEMENT FINANCING ACT OF
TWO THOUSAND SIXTEEN; AND (D) ALL OTHER MONEYS CREDITED OR TRANSFERRED
THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
3. MONEYS IN THE DRINKING WATER PROGRAM MANAGEMENT AND ADMINISTRATION
FUND SHALL BE KEPT SEPARATELY FROM AND SHALL NOT BE COMMINGLED WITH ANY
OTHER MONEYS IN THE CUSTODY OF THE STATE COMPTROLLER.
4. MONEYS IN THE FUND, FOLLOWING APPROPRIATION, MAY BE USED, FOR THE
PURPOSE OF PAYING ALL COSTS OF THE DEPARTMENT OF HEALTH AND NEW YORK
STATE ENVIRONMENTAL FACILITIES CORPORATION FOR MANAGEMENT AND ADMINIS-
TRATION OF THE DRINKING WATER PROGRAM ESTABLISHED BY TITLE FOUR OF ARTI-
CLE ELEVEN OF THE PUBLIC HEALTH LAW, THE DRINKING WATER REVOLVING FUND
ESTABLISHED BY SECTION TWELVE HUNDRED EIGHTY-FIVE-M OF THE PUBLIC
AUTHORITIES LAW AND THE NEW YORK STATE MUNICIPAL SEPARATE STORMWATER
SEWER SYSTEM MANDATE RELIEF ACT OF TWO THOUSAND SIXTEEN.
S 3. This act shall take effect immediately.
S. 5422--A 6
PART D
Section 1. Subdivision 1 of section 11-a of the soil and water conser-
vation districts law is amended by adding a new paragraph (d) to read as
follows:
(D) WITHIN AMOUNTS AVAILABLE, PROVIDE FINANCIAL ASSISTANCE TO EACH
SOIL AND WATER CONSERVATION DISTRICT, IN ADDITION TO THE AMOUNTS
PROVIDED UNDER PARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVISION, FOR THE
PURPOSES OF CARRYING OUT PROJECTS IDENTIFIED PURSUANT TO THE NEW YORK
STATE STORMWATER MANAGEMENT FINANCING ACT OF TWO THOUSAND SIXTEEN.
S 2. Subdivision 10-g of section 198 of the town law, as added by
chapter 378 of the laws of 2012, is amended to read as follows:
10-g. Watershed protection improvement district. After a watershed
protection 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, APPLY FOR FUNDING UNDER THE NEW
YORK STATE STORMWATER MANAGEMENT FINANCING ACT OF TWO THOUSAND SIXTEEN,
or take such other actions as may be required, for the protection and
restoration of groundwater, surface waters, and drinking water quality
as it may deem to be necessary or desirable, including but not limited
to stormwater treatment projects and wetland construction.
S 3. Subdivision a of section 24-501 of the administrative code of the
city of New York is amended by adding a new paragraph 4 to read as
follows:
4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY STORMWA-
TER MANAGEMENT PROJECT ASSESSED BY THE COMMISSIONER OF ENVIRONMENTAL
PROTECTION TO PROTECT THE WATER SUPPLY OF THE CITY OF NEW YORK UNDER
THIS SECTION SHALL BE DEEMED (A) A PRIORITY UNDER SECTION ELEVEN HUNDRED
SIXTY-ONE OF THE PUBLIC HEALTH LAW; (B) TO MEET THE HARDSHIP CRITERIA
ESTABLISHED BY THE ENVIRONMENTAL FACILITIES CORPORATION PURSUANT TO
SECTION TWELVE HUNDRED EIGHTY-FIVE-M OF THE PUBLIC AUTHORITIES LAW; AND
(C) ELIGIBLE FOR FUNDING PURSUANT TO THE NEW YORK STATE STORMWATER
MANAGEMENT FINANCING ACT OF TWO THOUSAND SIXTEEN.
S 4. Section 119-c of the general municipal law, as added by chapter
346 of the laws of 1955, is amended to read as follows:
S 119-c. Construction and development of excess drainage facilities.
Any city, town or village, any county on behalf of a county drainage
district and any town on behalf of a town drainage district may, in
addition to all other powers possessed with respect to the construction
and development of drainage facilities, provide for the construction and
development of capacity in excess of its own needs for the purpose of
conveying and disposing of storm waters and other surface or sub-surface
waters collected by another public corporation or improvement district,
and, any provision of law to the contrary notwithstanding, may contract
indebtedness for such purpose, OR APPLY FOR FUNDING UNDER THE NEW YORK
STATE STORMWATER MANAGEMENT FINANCING ACT OF TWO THOUSAND SIXTEEN. The
term "public corporation" as used in this article shall mean a public
corporation as defined in the general corporations law.
S 5. Severability. If any clause, sentence, paragraph, section, or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section, or part thereof involved in the
controversy in which such judgment shall have been rendered.
S 6. This act shall take effect immediately.
S. 5422--A 7
PART E
Section 1. The environmental conservation law is amended by adding a
new section 17-0709 to read as follows:
S 17-0709. FACTORS FOR THE COMMISSIONER TO CONSIDER WHEN ISSUING
PERMITS.
THE COMMISSIONER OR HIS OR HER DESIGNATED REPRESENTATIVE SHALL CONSID-
ER THE FOLLOWING, TO THE EXTENT ALLOWABLE UNDER THIS CHAPTER AND THE
FEDERAL WATER POLLUTION CONTROL ACT, FOR ALL PERMITS ISSUED PURSUANT TO
THIS CHAPTER FOR ANY DISCHARGES CONSISTING OF COMBINED SEWER OVERFLOWS,
REQUIRING AND APPROVING LONG-TERM CONTROL PLANS FOR WET WEATHER
DISCHARGES FROM COMBINED OR SEPARATE SANITARY SEWER SYSTEMS, OR ENFORC-
ING PROVISIONS OF THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. S
1251 ET SEQ.:
1. LIMITATIONS ON A MUNICIPALITY'S FINANCIAL CAPABILITIES AND ABILITY
TO RAISE OR SECURE NECESSARY FUNDING;
2. AFFORDABILITY OF CONTROL OPTIONS;
3. AN EVALUATION OF THE EFFECTIVENESS AND AFFORDABILITY OF CONTROL
TECHNOLOGIES;
4. PROMOTION OF GREEN INFRASTRUCTURE;
5. REDUCING ECONOMIC IMPACTS ON REGULATED ENTITIES, OTHER STATE AND
LOCAL GOVERNMENTAL ENTITIES, AND RESIDENTS;
6. ALLOWING FOR REASONABLE ACCOMMODATIONS FOR REGULATED ENTITIES 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;
7. GIVING PREFERENCE, WHERE PROPOSED BY A PERMITTEE, TO CONTROL
OPTIONS THAT MEET PRESUMPTION APPROACH PERFORMANCE CRITERIA AND DEMON-
STRATE SIGNIFICANT POLLUTION REDUCTION RATHER THAN MANDATING SPECIFIC
DESIGNS;
8. 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 FACTORS; AND
9. THE 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 QUAL-
ITY STANDARDS, AND THE DEVELOPMENT OF WET WEATHER STANDARDS.
S 2. Section 1161 of the public health law, as amended by chapter 355
of the laws of 2014, is amended to read as follows:
S 1161. Eligible projects; priority ranking. Subject to the provisions
of section thirty-two of [the] chapter FOUR HUNDRED THIRTEEN of the laws
of 1996 [which added this section], in consultation with the commission-
er of environmental conservation, the commissioner shall establish and
maintain a list of potentially eligible projects and shall establish,
pursuant to rules and regulations, a process for listing potentially
eligible projects identified by potential recipients and a priority
ranking system for the purpose of providing financial assistance to
recipients for such projects under this title. In establishing such
system, the commissioner shall take into account the public health
significance of such potentially eligible projects which shall include,
but need not be limited to, an assessment of (i) public health and safe-
ty; (ii) population affected; (iii) attainment of state drinking water
quality goals and standards; (iv) taking into consideration the water
S. 5422--A 8
resources management strategy pursuant to title twenty-nine of article
fifteen of the environmental conservation law; (v) taking into consider-
ation future physical climate risk due to sea level rise, and/or storm
surges and/or flooding, based on available data predicting the likeli-
hood of future extreme weather events, including hazard risk analysis
data if applicable; [and] (vi) STORMWATER BEST MANAGEMENT PRACTICES,
INCLUDING SOURCE AND NONPOINT SOURCE CONTROL MEASURES, THEIR TECHNICAL
AND ENVIRONMENTAL FEASIBILITY, BENEFITS, COSTS AND COST-EFFECTIVENESS, A
MUNICIPALITY'S ABILITY TO PAY AND THE AFFORDABILITY OF CONTROL OPTIONS;
AND (VII) compliance with state and federal law, rules and regulations.
S 3. This act shall take effect immediately.
PART F
Section 1. Section 119-o of the general municipal law is amended by
adding a new subdivision 4 to read as follows:
4. FOR THE PURPOSES OF THIS SECTION, A JOINT WATER, SEWAGE OR DRAINAGE
PROJECT SHALL INCLUDE ANY STORMWATER MANAGEMENT PROJECT AS DEFINED IN
SUBDIVISION A OF SECTION ONE OF SUBPART B OF THE NEW YORK STATE STORMWA-
TER FINANCING ACT OF TWO THOUSAND SIXTEEN.
S 2. Section 20 of the general city law is amended by adding a new
subdivision 8-b to read as follows:
8-B. TO ADOPT A LOCAL LAW OR ORDINANCE OR TAKE SUCH ACTION AS MAY BE
REQUIRED TO ADOPT PLANS AND SPECIFICATIONS AND ENTER INTO A CONTRACT OR
CONTRACTS, APPLY FOR FUNDING UNDER THE NEW YORK STATE STORMWATER MANAGE-
MENT FINANCING ACT OF TWO THOUSAND SIXTEEN, OR TAKE SUCH OTHER ACTIONS
AS MAY BE REQUIRED, FOR THE PROTECTION AND RESTORATION OF GROUNDWATER,
SURFACE WATERS AND DRINKING WATER QUALITY AS IT MAY DEEM TO BE NECESSARY
OR DESIRABLE, INCLUDING BUT NOT LIMITED TO STORMWATER TREATMENT PROJECTS
AND WETLAND CONSTRUCTION.
S 3. 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, STORMWATER UTILITY, 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
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
S. 5422--A 9
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] ARTICLE, or amended pursuant to section two hundred
fifty-three-b of this [chapter] ARTICLE, includes on-site wastewater
disposal systems.
S 4. Paragraphs (d) and (e) of subdivision 4 of section 7-741 of the
village law, as amended by chapter 242 of the laws of 1993, are amended
and a new paragraph (f) is added to read as follows:
(d) provide for a land use administration and enforcement program
which may replace individual land use administration and enforcement
programs, if any, the terms and conditions of which shall be set forth
in such agreement; [and]
S. 5422--A 10
(e) create an intermunicipal overlay district for the purpose of
protecting, enhancing or developing community resources that encompass
two or more municipalities[.]; AND
(F) CREATE AN INTERMUNICIPAL WATERSHED IMPROVEMENT DISTRICT AND ENTER
INTO A CONTRACT OR CONTRACTS, APPLY FOR FUNDING UNDER THE NEW YORK STATE
STORMWATER MANAGEMENT FINANCING ACT OF 2016, OR TAKE SUCH OTHER ACTIONS
AS MAY BE REQUIRED, FOR THE PROTECTION AND RESTORATION OF GROUNDWATER,
SURFACE WATERS, AND DRINKING WATER QUALITY AS IT MAY DEEM TO BE NECES-
SARY OR DESIRABLE, INCLUDING BUT NOT LIMITED TO STORMWATER TREATMENT
PROJECTS THAT ENCOMPASS TWO OR MORE MUNICIPALITIES.
S 5. Severability. If any clause, sentence, paragraph, section, or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section, or part thereof involved in the
controversy in which such judgment shall have been rendered.
S 6. This act shall take effect immediately.
S 3. Severability. If any clause, sentence, paragraph, section, or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section, or part thereof involved in the
controversy in which such judgment shall have been rendered.
S 4. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through F of this act shall be
as specifically set forth in the last section of such Parts.
