S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6036
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 21, 2017
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 AN ACT to amend the public authorities law, in relation to the provision
   of  individual  customer  water  usage  information  to  the county of
   Suffolk by the Suffolk County Water Authority; in relation to  author-
   izing  the  county of Suffolk to establish a water quality restoration
   fund to be financed by a water quality restoration fee on water  usage
   in the county; and providing for the repeal of certain provisions upon
   expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Short title. This act shall be known and may be  cited  as
 the "Suffolk county water quality restoration act".
   §  2. Legislative intent.  Suffolk county's water resources are unique
 in the nation and of exceptional importance to the  State  of  New  York
 because  of  the  economic,  environmental and public health values that
 Suffolk county's water resources provide to  the  people  who  live  and
 recreate  in  Suffolk county.   Suffolk county, with a population larger
 than 11 states, derives its drinking water from a  sole-source  aquifer,
 as  specifically  designated  by the US Environmental Protection Agency.
 The full water cycle is impacted by increasing quantities of  nutrients,
 pathogens,  pesticides,  volatile  organic  contaminants  and  saltwater
 intrusion, as well as a number of merging threats such  as  prescription
 drugs  and  sea  level  rise.  While  all sources of water pollution are
 concerning, pollution from sanitary systems has clearly emerged  as  the
 most widespread and least well addressed category of water pollutants in
 Suffolk county.
   As  a  result  of  these environmental impacts, the county has already
 experienced an increasing number of harmful algal blooms and other docu-
 mented declines in key biological indicators which demonstrate continued
 and increasing stress on the  region's  groundwater  resources  and  the

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

                                                            LBD09322-05-7

 A. 6036                             2
 
 resiliency  of  its protective coastal ecosystems. These degraded condi-
 tions have already decimated Long Island's once robust shellfish  indus-
 try  and  will have increasingly negative impacts on the island's entire
 economy  as  well  as  the  quality  of  life  and public health for the
 millions of residents of the region.
   The purpose of this act is to sanction the creation of a water quality
 restoration fund to finance the protection, preservation, and  rehabili-
 tation  of  subterranean  and  surface  waters. This act would allow the
 funding of projects that will mitigate wastewater  pollutants  utilizing
 the  best  available technology. Replacing underperforming cesspools and
 septic systems, especially in nutrient sensitive  areas,  will  minimize
 nutrient loading into high groundwater and groundwater-fed waters.
   Given  the  funding  requirements,  this  legislation would expand the
 power of Suffolk county to generate dedicated, equitable funding  sourc-
 es.    These  funds  would  be  expended on various wastewater treatment
 systems to mitigate pollution which will  provide  aquifer  and  surface
 water  restoration and protection. To that end, this act would implement
 recommendations delineated in the Suffolk County Action Plan. It is  the
 judgment  of  the  legislature  that  the sustainability of the county's
 aquifer and drinking water supply, surface and tidal waters and  estuar-
 ies  is  a county-wide concern and that all sewer and wastewater infras-
 tructure projects funded through a water quality restoration fund estab-
 lished hereunder shall be a benefit to the county as a whole and to  all
 residents therein.
   §  3. Water quality restoration fee. (a) Notwithstanding any provision
 of law to the contrary, the county of Suffolk is authorized to establish
 by local law, subject to mandatory referendum pursuant to section 23  of
 the  municipal  home  rule  law,  a water quality restoration fund to be
 financed by a water quality restoration fee at  a  rate  not  to  exceed
 one-tenth of one cent ($0.001) per gallon of water usage per property.
   (b)  Such  fee  shall  be collected on all properties in the county of
 Suffolk except as provided herein. Water usage on land owned by a  poli-
 tical  subdivision  or  land  used  in  agricultural production shall be
 excluded from such fee. For the purposes of this act "political subdivi-
 sion" shall have the same meaning as provided for in section 100 of  the
 general  municipal  law and "land used in agricultural production" shall
 have the same meaning as provided for in section 301 of the  agriculture
 and  markets  law.    In  the  case of properties that are served by the
 Suffolk County Water Authority or a water district established  pursuant
 to  state  law,  the  fee  shall be based on actual water usage for such
 properties as calculated by the water provider; the Suffolk County Water
 Authority or the water district, respectively. In all other  cases,  the
 county,  by  local law, shall establish a schedule of annual water usage
 for each category of land use in the county, including but  not  limited
 to residential, commercial, industrial and institutional uses. The local
 law may provide for subcategories for each land use.
   (c)  The fee imposed by the county under this section shall be a usage
 fee. Said fee shall be collected in  the  same  manner  as  charges  and
 revenues for water, water quality treatment, sewage, wastewater disposal
 and refuse collection pursuant to section 266 of the county law.
   (d)  The  local  law  may also provide for an exemption from the water
 restoration fee  up  to  the  first  one  hundred  twenty-five  thousand
 (125,000) gallons of water usage.
   § 4.    Individual  customer water usage information to be provided to
 the county of Suffolk. Notwithstanding  any  provision  of  law  to  the
 contrary,  the Suffolk County Water Authority and water districts in the

 A. 6036                             3

 county of Suffolk, as the case may be, shall each enter into  agreements
 with  the county of Suffolk, to be approved by resolution adopted by the
 county legislature, which agreements shall govern the provision of indi-
 vidual  customer  water  usage  information  of said authority and water
 districts required for the collection, administration and payment of the
 water quality restoration fee pursuant to section three of this  act  by
 the county of Suffolk. Such agreement shall have the force and effect of
 a  rule or regulation of the Suffolk County Water Authority and all such
 water districts in the county, as the case may be, and it shall be filed
 and published in accordance with the requirements of any law, ordinance,
 rule or regulation relating thereto.
   § 5. Water quality restoration fund. Notwithstanding any provision  of
 law  to  the contrary, the net collections from the fee imposed pursuant
 to section three of this act shall, be deposited in a  special  fund  by
 the county of Suffolk, to be designated as the water quality restoration
 fund, to be created by said county therefor, separate and apart from any
 other  funds and accounts of the county. In no event shall monies depos-
 ited in the fund be transferred to any other account. Deposits into  the
 fund  may  include  revenues  of Suffolk county from whatever source and
 shall include, at a minimum, all net revenues  from  the  water  quality
 restoration  fee imposed pursuant to section three of this act. The fund
 shall also be authorized to accept gifts of funds. Interest  accrued  by
 monies  deposited  into  the fund shall be credited to the fund. Nothing
 contained in this section shall be construed to prevent the financing in
 whole or in part, pursuant to the local  finance  law,  of  any  project
 authorized  pursuant  to  this  section.  Monies  from  the  fund may be
 utilized to repay any indebtedness or obligations incurred  pursuant  to
 the  local finance law consistent with effectuating the purposes of this
 section.  Where Suffolk county finances a project, in whole, or in part,
 pursuant to the local  finance  law,  the  resolution  authorizing  such
 indebtedness  shall be accompanied by a report from the county executive
 demonstrating how said indebtedness will be repaid  by  the  fund.  Said
 report  shall  include  an  estimate  of  projected revenues of the fund
 during the period of indebtedness.   The report shall  also  provide  an
 accounting  of  all  other  indebtedness incurred against the fund to be
 repaid for the same period. The county legislature shall  make  findings
 by  resolution  that  there  will  be  sufficient  revenue to repay such
 indebtedness in its entirety  from  the  fund  before  authorizing  such
 indebtedness.  Monies  in said fund may be appropriated from or expended
 in any fiscal year to implement the powers set forth in this act and  to
 repay  any  indebtedness  or  obligations incurred pursuant to the local
 finance law for the purposes authorized pursuant to this act.
   § 6. Purposes of the fund. (a) Definition. "Water quality  improvement
 project" means the planning, design, construction, acquisition, enlarge-
 ment,  extension,  or  alteration  of a wastewater treatment facility or
 individual septic system, including an alternative wastewater  treatment
 facility  or  individual  septic system with active treatment, to treat,
 neutralize, stabilize, eliminate or partially eliminate sewage or reduce
 pollutants, including permanent or pilot demonstration wastewater treat-
 ment projects, or equipment or furnishings thereof. Such projects  shall
 have  as their purpose the remediation of existing water quality to meet
 specific water quality standards. Projects which permit  or  accommodate
 new growth shall not be included within this definition.
   (b)  Monies  within  the Suffolk county water quality restoration fund
 may, as authorized by this act, be used for the following purposes:  (1)
 the preparation of an action plan to protect, preserve, and rehabilitate

 A. 6036                             4
 
 groundwater, surface water, and drinking water; (2) the construction  of
 water  quality  improvement projects; (3) the establishment of a program
 to residents of the county of Suffolk for grants and low-interest  loans
 as  incentives  to  construct individual septic systems which qualify as
 water quality improvement projects; (4) revenue  sharing  to  towns  and
 villages  to  fund  any  of  the purposes permitted by this section; (5)
 monitoring the quality and quantity of groundwater, surface  water,  and
 drinking  water,  and  the  analysis  of  data; and (6) public education
 relating to protecting, preserving, and enhancing  groundwater,  surface
 water, and drinking water.
   (c)  Except  for the preparation of the action plan, itself, no monies
 may be expended until the action plan has been prepared and approved  by
 the water quality restoration fund board of trustees.
   §  7.  Water  quality  restoration  fund board of trustees. The county
 shall establish a water quality restoration fund board  of  trustees  to
 review and approve the comprehensive groundwater and surface water plan.
 Said  approval  shall  be in addition to all other approvals required by
 law.  The board of trustees shall consist of fifteen members, who  shall
 serve  without  compensation.  The  county shall determine the method of
 appointment to the  board  and  the  advisory  committee  authorized  by
 section  eight  of  this  act  by local law. At least six members of the
 board shall be elected members of the  governing  board  of  a  town  or
 village.  The  remaining  members  of  the board shall have demonstrated
 experience in areas related to water quality.
   § 8. Water quality restoration advisory  committee.  There  is  hereby
 created  a  water  quality  restoration  advisory  committee to actively
 assist and advise the board of trustees in the preparation, adoption and
 implementation of the action plan required by section 9 of this act. The
 committee shall consist of not more than twenty-five members which shall
 include representatives of environmental  groups,  economic  development
 and real estate interests, farmers, water suppliers, civic groups, plan-
 ners,  biologists,  and water quality scientists and recreational inter-
 ests. The members of the committee shall serve without compensation. The
 initial members of the advisory committee shall include a representative
 of the Long Island Association, Long Island Builders Institute,  Associ-
 ation  For  A  Better  Long  Island, Long Island Board of Realtors, Long
 Island Farm Bureau, Suffolk County Water Authority, SUNY at Stony Brook,
 Regional Plan Association, Long Island Pine Barrens Society,  Group  For
 The  East End, The Nature Conservancy, North Fork Environmental Council,
 a member from the Long Island  regional  planning  board,  and  a  civic
 representative from each of the ten towns of the county of Suffolk.  The
 committee may be expanded by local law as necessary to incorporate other
 interests  in  water quality restoration. Each member shall serve at the
 pleasure of the entity which designated him or her.  The committee by  a
 majority  vote  shall  elect  a chairperson. The board of trustees shall
 meet periodically with the advisory committee,  make  available  working
 drafts  of  the  action  plan  and  other  documents,  and shall provide
 services to the advisory committee as are necessary and  appropriate  to
 carry out its functions under this act.
   § 9. Action plan. The water quality restoration fund board of trustees
 shall prepare, review and approve the action plan. The board of trustees
 shall conduct a public hearing on the plan before its adoption or subse-
 quent  amendment.  Said  plan shall list every water quality restoration
 project which the county plans to undertake pursuant  to  the  fund  and
 shall  state  how  such  project  would  improve existing water quality.
 Projects which accommodate new growth as opposed to the  remediation  of

 A. 6036                             5
 
 water  quality  shall  not qualify for funding under this section. Funds
 from the fund may only be expended for projects which have been included
 in said plan. Said plan shall be updated not less than once  every  five
 years.  The action plan shall be consistent with state, federal, county,
 and local government land use and wastewater management plans.
   § 10. Annual audit. The county shall annually commission an  independ-
 ent  audit  of  the fund. The audit shall be conducted by an independent
 certified public accountant or an independent  public  accountant.  Said
 audit  shall  be  performed by a certified public accountant or an inde-
 pendent public accountant other than the one that performs  the  general
 audit  of  the  county's finances. Such audit shall be an examination of
 the fund and shall determine whether  the  fund  has  been  administered
 consistent  with  the  provisions  of  this act and all other applicable
 provisions of state law. Said audit shall be initiated within sixty days
 of the close of the fiscal year of the county  and  shall  be  completed
 within  one  hundred twenty days of the close of the fiscal year. A copy
 of the audit shall be submitted annually to the  state  comptroller  and
 the  county  comptroller. A copy of the audit shall be made available to
 the public within thirty  days  of  its  completion.  A  notice  of  the
 completion  of the audit shall be published in the official newspaper of
 the county and shall also be posted on  the  internet  website  for  the
 county.  The cost of the audit may be a charge to the fund.
   §  11. Section 1078 of the public authorities law is amended by adding
 a new subdivision 6-a to read as follows:
   6-A. TO PROVIDE CUSTOMER AND BILLING INFORMATION OF SAID AUTHORITY  TO
 THE  COUNTY OF SUFFOLK REQUIRED BY THE COUNTY FOR THE COLLECTION, ADMIN-
 ISTRATION AND PAYMENT OF THE WATER QUALITY RESTORATION FEE  PURSUANT  TO
 WATER  QUALITY  RESTORATION  ACT, AND TO ENTER INTO SUCH AGREEMENTS WITH
 THE COUNTY OF SUFFOLK AS REQUIRED THEREFOR.
   § 12. Amendment by mandatory referendum only. Where the provisions  of
 this act have been adopted by local law subject to mandatory referendum,
 said  local  law  may only be amended, modified, repealed, or altered by
 enactment of another local law subject to mandatory referendum under the
 municipal home rule law.
   § 13. Severability. If any provision of this act  or  the  application
 thereof  shall  for  any  reason  be  adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not impair or invalidate
 the remainder of this act, but shall be confined in its operation to the
 provision thereof directly involved in  the  controversy  in  which  the
 judgment shall have been rendered.
   §  14.  This  act shall take effect immediately, provided that section
 three of this act shall remain in full force and effect  until  December
 31,  2050,  when  upon  such  date  the provisions of such section shall
 expire and be deemed repealed.