NY State Senate Bill 2017-S326

Senate Bill S326

2017-2018 Legislative Session

Enacts the "New York state separate stormwater sewer system mandate relief act of 2017"; appropriates $600,000,000 therefor; repealer

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Archive: Last Bill Status - Stricken

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
Feb 13, 2017	recommit, enacting clause stricken
Jan 04, 2017	referred to finance

2017-S326 (ACTIVE) - Details

Law Section:: Appropriations
Laws Affected:: Amd §1285-m, Pub Auth L; rpld §97-ddd, add §99-z, St Fin L; amd §11-a, Cons Dists L; amd §198, Town L; amd §24-501, NYC Ad Cd; amd §§119-c & 119-o, Gen Muni L; add §17-0709, En Con L; amd §1161, Pub Health L; amd §20, Gen City L; amd §250, County L; amd §7-741, Vil L
Versions Introduced in 2015-2016 Legislative Session:: S5422

2017-S326 (ACTIVE) - Summary

Enacts the " New York state separate stormwater sewer system mandate relief act of 2017"; appropriates $600,000,000 therefor; provides that moneys received from any settlement with Deutsche Bank shall be used to fund such appropriation; directs the environmental facilities corporation to fund municipal stormwater management projects

2017-S326 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S326

 TITLE OF BILL :

An act to enact the "New York state municipal separate stormwater
sewer system mandate relief act of 2017"; to enact the "New York state
stormwater management financing act of 2017"; and to provide for the
allocation of monies received by the state from any settlement with
Deutsche Bank (Subpart A); to direct the environmental facilities
corporation to provide financial assistance payments in support of
municipal stormwater management projects (Subpart B)(Part A); to make
an appropriation for the purposes of the New York state stormwater
management financing act of 2017 (Part B); to amend the public
authorities law, in relation to the drinking water revolving fund of
the environmental facilities corporation; to amend the state finance
law, in relation to establishing the drinking water program management
and administration fund; and to repeal section 97-ddd of the state
finance law relating to the drinking water program management and
administration fund (Part C); to amend the soil and water conservation
districts law, the town law, the administrative code of the city of
New York and the general municipal law, in relation to state aid for
watershed protection (Part D); to amend the environmental conservation
law, in relation to requiring consideration of a municipality's
financial capabilities and the affordability of control options when
issuing permits for wet weather discharges from sanitary sewers; and
to amend the public health law, in relation to eligibility for funding

from the drinking water revolving fund (Part E); and to amend the
general municipal law, the general city law, the county law and the
village law, in relation to the protection and restoration of
groundwater, surface waters and drinking water quality (Part F)

 PURPOSE :

This bill enacts the "New York State Municipal Separate Stormwater
Sewer System Mandate Relief Act of 2017" and the "New York State
Stormwater Management Financing Act of 2017".

 SUMMARY OF PROVISIONS :

Section one creates the "New York State Municipal Separate Stormwater
Sewer System Mandate Relief Act of 2017".

Part A of the legislation creates the "New York State Stormwater
Management Financing Act of 2017" in two sub parts. Section 1 of
Subpart A captures the settlement funds received by New York State
from Deutsche Bank and directs their use to finance water projects
referred to in section 1045-b of the public authorities law or
non-agricultural nonpoint source abatement and control projects as
referred in section 17-1409 of the environmental conservation law.

Section 2 establishes the effective date for Subpart A.

Subpart B lays out the "New York State Stormwater Management Financing
Act of 2017". Section one provides definitions that identify
applicable projects as set forth in section 17-1403-of environmental
conservation law and as defined in paragraphs a, b, c and e of
subdivision four (4) of section 1160 of the public health law.
Section two caps grants to municipalities from the environmental
facilities corporation through this act to no more than ten million
dollars in a single fiscal year for storm water management projects.
Projects will include: SPEDES upgrades to existing sewage treatment
works; new sewage treatment works or community septic systems and
related infrastructure; sewer extensions; stormwater retrofits to
address existing stormwater runoff concerns; for the improvement of
sand and salt storage facilities; stream corridor protections; water
quality projects; rehabilitation or replacement of failing subsurface
sewage treatment systems and sewerage collection systems. This subpart
will take effect immediately and includes a severability clause.

Part B allocates the sum of six hundred million dollars to the
department of environmental conservation aid to localities budget to
fund the "New York State Stormwater Management Financing Act of 2017".
Funds shall be distributed up to two hundred million a year over a
three-year period.

Part C, section one directs the funds to the drinking water revolving
fund for use pursuant to the "New York State Stormwater Management
Financing Act of 2017". Section two renumbers section 97-ddd to 99-x
and adds projects from the New York state municipal separate
stormwater sewer system mandate relief act of 2017 as a permissible
expense of the fund. This subpart takes effect immediately.

Part D amends section 11-a of the soil and water conservation
districts law; section 198 of the town law; section 24-501 of the
administrative code of the city of New York; and section 119-c of the
general municipal law to identify the municipalities, soil and water
conservation districts and town watershed improvement districts that
are eligible to receive funding under the "New York State Stormwater
Management Financing Act of 2017". Part D, section five includes a
severability clause and the provisions of Part D takes effect
immediately.

Part E adds new section 17-0709 to the environmental conservation law
to require the commissioner of the department of environmental
conservation to give consideration where allowable to multiple factors
prior to issuing a SPDES permit including: a community's financial
ability to secure necessary funding; the affordability of control
options; an evaluation of the effectiveness and affordability of
control technologies; the promotion of green infrastructure; the
reduction of economic impacts on regulated entities, other state and
local government entities, and residents; allowance for reasonable
accommodations for entities when inflexible standards and fines would
impose a disproportionate financial hardship in light of the
environmental benefits to be gained, giving preference, when proposed
by a committee, to control options that meet presumption approach
performance criteria and demonstrate significant pollution reduction
rather than mandating specific designs; allowance of 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; and 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.

Section two of Part E amends section 1161 of the public health law to
include stormwater best practices, including source and nonpoint
source control measures, technical and environmental feasibility,
benefits, costs and cost effectiveness, the ability for a municipality
to pay and the affordability of control options when determining
eligibility and priority projects in the drinking water revolving
fund. Part E shall take effect immediately.

Part F amends multiple sections of law to enable counties, villages
and cities to create stormwater utilities or joint watershed
improvement districts that apply for funding via the "New York State
Stormwater Management Financing Act of 2017".

 JUSTIFICATION :
This legislation seeks to address a significant unfunded mandate
through the creation of a new financing program subsidized by
settlement funds received by New York State that will assist
municipalities with the costly Municipal Separate Storm Sewer System
(MS4) mandate. This legislation will provide municipalities with
flexibility and financing when achieving their clean water goals and
providing wet weather improvements.

In New York, the State Department of Environmental Conservation (DEC)
is charged with general permitting authority via the Federal Clean
Water Act for the MS4 program. At this point, the determination of
compliance has been made with little consideration to the county and
local municipalities' ability to pay for the infrastructure upgrades
necessary to reduce pollutants in the waterways. Municipalities are
saddled with the burden of meeting the MS4 mandate without proper
financing, and the added scrutiny of taxpayers as they seek to remain
under the Real Property Tax Cap.

As such, many municipalities are forced to balance their fiduciary
responsibilities to their water and sewer ratepayers against the high
costs associated with meeting the MS4 mandates. Therefore, these
projects remain incomplete.

Along with a financing program, this legislation implements
recommendations by the United States Conference of Mayors to require
DEC to consider a municipality's ability to fund required
infrastructure modifications required under MS4.

 LEGISLATIVE HISTORY :

2015-2016: S.5422A - Referred to Finance

 FISCAL IMPLICATIONS :

Allocates $600 million in settlement funds.

 EFFECTIVE DATE :
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.

2017-S326 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    326
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to enact the "New York state municipal separate stormwater  sewer
   system  mandate  relief  act  of  2017";  to enact the "New York state
   stormwater management financing act of 2017"; and to provide  for  the
   allocation  of  monies  received by the state from any settlement with
   Deutsche Bank (Subpart A);  to  direct  the  environmental  facilities
   corporation  to  provide  financial  assistance payments in support of
   municipal stormwater management projects (Subpart B)(Part A); to  make
   an  appropriation  for  the  purposes of the New York state stormwater
   management financing act of 2017 (Part B); to amend the public author-
   ities law, in relation to the drinking water  revolving  fund  of  the
   environmental  facilities corporation; to amend the state finance law,
   in relation to establishing the drinking water program management  and
   administration fund; and to repeal section 97-ddd of the state finance
   law  relating  to  the  drinking water program management and adminis-
   tration fund (Part C);  to  amend  the  soil  and  water  conservation
   districts  law,  the  town law, the administrative code of the city of
   New York and the general municipal law, in relation to state  aid  for
   watershed protection (Part D); to amend the environmental conservation
   law, in relation to requiring consideration of a municipality's finan-
   cial  capabilities and the affordability of control options when issu-
   ing permits for wet weather discharges from sanitary  sewers;  and  to
   amend  the  public  health law, in relation to eligibility for funding
   from the drinking water revolving fund (Part  E);  and  to  amend  the
   general  municipal  law,  the general city law, the county law and the
   village law, in relation to the protection and restoration of  ground-
   water, surface waters and drinking water quality (Part F)

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02338-01-7

 S. 326                              2
 
   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 2017".
   § 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 2017".
   § 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 2017-2018.
   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.
   § 2. This act shall take effect immediately.
 
                                 SUBPART B

 S. 326                              3
 
   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.
   §  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;
   (6)  Stream  corridor  protection,  to  pay  the  costs  of designing,
 constructing and implementing stream corridor protection  projects  such
 as streambank stabilizations and fish habitat;

 S. 326                              4
 
   (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.
   § 2. This act shall take effect immediately.
   §  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.
   §  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
 2017.  Up  to two hundred million dollars ($200,000,000) shall be avail-
 able from this appropriation in state fiscal  year  2017-18,  up  to  an
 additional two hundred million dollars ($200,000,000) shall be available
 in  state  fiscal  year  2018-19,  and  up  to an additional two hundred
 million dollars ($200,000,000) shall be available in state  fiscal  year
 2019-20.  All  or  a portion of such funds may be suballocated or trans-
 ferred to the environmental facilities corporation,  the  department  of
 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

 S. 326                              5
 
 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.
   § 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 SEVENTEEN.
   §  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-z is added to read
 as follows:
   § 99-Z. 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 SEVENTEEN; 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 SEVENTEEN.
   § 3. This act shall take effect immediately.
 
                                  PART D

 S. 326                              6
 
   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 SEVENTEEN.
   §  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 SEVEN-
 TEEN, or take such other actions as may be required, for the  protection
 and restoration of groundwater, surface waters, and drinking water qual-
 ity  as  it  may  deem  to  be necessary or desirable, including but not
 limited to stormwater treatment projects and wetland construction.
   § 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 SEVENTEEN.
   § 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:
   §  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 SEVENTEEN.
 The term "public corporation" as used  in  this  article  shall  mean  a
 public  corporation  as  defined  in the [general corporations] BUSINESS
 CORPORATION law.
   § 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.
   § 6. This act shall take effect immediately.
 
                                  PART E

 S. 326                              7
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 17-0709 to read as follows:
 § 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. §
 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.
   §  2. Section 1161 of the public health law, as amended by chapter 355
 of the laws of 2014, is amended to read as follows:
   § 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
 resources management strategy pursuant to title twenty-nine  of  article
 fifteen of the environmental conservation law; (v) taking into consider-

 S. 326                              8
 
 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.
   § 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 SEVENTEEN.
   § 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 SEVENTEEN, 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.
   § 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:
   § 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
 health law; (b) assisting local, state and federal  agencies  and  offi-
 cials in efforts to establish causes of, and implement remedial measures

 S. 326                              9
 
 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.
   §  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. 326                             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 2017, 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.
   § 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.
   § 6. This act shall take effect immediately.
   § 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.
   § 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.

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