S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4486
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend the county law, in  relation  to  publication  of  legal
   notices on the official Westchester county website
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.   Section 202 of the county  law  is  amended  to  read  as
 follows:
   §  202.  Publication  of  compensation  and expenses of supervisors in
 certain counties. In those counties wherein the compensation of supervi-
 sors is fixed on a per diem basis, the clerk of the board of supervisors
 in the month of February of each year shall cause to be published in the
 official newspapers and in such other newspapers as may be  directed  by
 the  board, EXCEPT IN WESTCHESTER COUNTY WHERE SUCH PUBLICATION SHALL BE
 ON THE OFFICIAL COUNTY WEBSITE, and for such number of insertions as the
 board may determine, a statement of the number of days the board was  in
 session, and the compensation and expenses paid to each member for board
 sessions and committee work during the preceding fiscal year.
   §  2.  Subdivision  2  of section 211 of the county law, as amended by
 chapter 627 of the laws of 2003, is amended to read as follows:
   2. The board of supervisors may cause to be printed or  electronically
 recorded  after each session, copies of its proceedings for distribution
 among its members, county officers or for exchange with other  counties.
 The  board  may  also  cause  copies of such proceedings to be published
 after each session in such newspaper or newspapers, EXCEPT IN  WESTCHES-
 TER  COUNTY  WHERE SUCH PUBLICATION SHALL BE MADE ON THE OFFICIAL COUNTY
 WEBSITE, and for such period of time, as may be designated.
   § 3.  Section 214 of the county law, as amended by chapter 685 of  the
 laws of 1951, subdivisions 1 and 2 as amended by chapter 967 of the laws
 of 1973, is amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06693-01-9
              

 A. 4486                             2
 
   § 214. [Designation of newspapers; official] OFFICIAL publications. 1.
 Concurrent  resolutions,  election  notices  and official canvass.   The
 members of the county legislative body, whether such body be denominated
 board of supervisors, county legislature or otherwise, or, in  the  city
 of  New York, of the council of such city representing respectively each
 of the two principal political parties into  which  the  people  of  the
 state  are  divided,  shall  designate  annually the newspaper published
 within the county to publish the concurrent resolutions of the  legisla-
 ture,  EXCEPT IN WESTCHESTER COUNTY WHERE SUCH PUBLICATION SHALL BE MADE
 ON THE OFFICIAL COUNTY WEBSITE.  Such designation shall  be  in  writing
 and  signed by a majority of the members representing each of said poli-
 tical parties. In making such designation, consideration shall be  given
 to the newspapers advocating the principles of such political party, the
 support of its nominees and the extent of the circulation in the county.
 However  the fact that a newspaper is an independent newspaper not advo-
 cating the principles of any political party  shall  not  disqualify  it
 from consideration. If there be but one newspaper published in the coun-
 ty,  such  newspaper shall be designated. The designation shall be filed
 with the clerk of the county legislative body or, in  the  city  of  New
 York,  with  the  clerk of the council of such city, who shall not later
 than January tenth cause notice of the name and address of such  newspa-
 per  or  newspapers  to be forwarded to the secretary of state.  In like
 manner the members of the county legislative body or, in the city of New
 York, of the council of such city representing each of the two principal
 political parties into which the people of the state are divided,  shall
 designate  the  newspaper  published  within  the  county to publish the
 election notices issued by the secretary of state and the  newspaper  to
 publish  the  official  canvass, EXCEPT IN WESTCHESTER COUNTY WHERE SUCH
 PUBLICATION SHALL BE MADE ON THE OFFICIAL COUNTY WEBSITE.  In the  event
 of a failure so to designate in any year, or if either of such political
 parties  has  no  representatives  among the body or, in the city of New
 York, council membership, the last newspaper designated by  the  members
 of such party shall be deemed duly designated.
   2.  Local  laws  and  notices. The board of supervisors shall annually
 designate at least two newspapers published within the county  as  offi-
 cial newspapers for the publication of all local laws, notices and other
 matters  required  by  law to be published, EXCEPT IN WESTCHESTER COUNTY
 WHERE SUCH PUBLICATION SHALL BE MADE ON THE OFFICIAL COUNTY WEBSITE.  In
 such designations consideration shall be given to those newspapers advo-
 cating the principles of the two major political parties into which  the
 people of the state are divided and their general circulation throughout
 the  county. However the fact that a newspaper is an independent newspa-
 per and not advocating the principles of any political party  shall  not
 disqualify  it  from consideration. If there be but one newspaper having
 circulation in the county, that newspaper shall be designated. Except as
 otherwise provided by law, the clerk of the board  shall  cause  a  true
 copy  of each local law to be published in such official newspapers, AND
 ON THE OFFICIAL COUNTY WEBSITE IN WESTCHESTER COUNTY, at  least  once  a
 week  for  two successive weeks, the first publication of which shall be
 had within ten days after such local law has become effective; provided,
 however, that any local law which is subject to a permissive  referendum
 shall  be  published  in such official newspapers AND ON THE WESTCHESTER
 COUNTY OFFICIAL WEBSITE at least once a week for two  successive  weeks,
 the  first  publication of which shall be had within ten days after such
 local law is adopted. Legalizing acts shall be published as provided  in
 section  two hundred twenty-seven OF THIS ARTICLE.  Nothing herein shall

 A. 4486                             3
 
 be deemed to prevent the designation of additional  newspapers  for  any
 publication  and  such designation shall be deemed an official newspaper
 for the particular publication.
   3.  Erie  [county]  AND  WESTCHESTER COUNTIES.   The provisions herein
 requiring the designation of official newspapers for the publication  of
 election  notices  and  official canvass shall not apply to the [county]
 COUNTIES of Erie AND WESTCHESTER.
   § 4. Section 216 of the county law, as amended by chapter 760  of  the
 laws of 1956, is amended to read as follows:
   § 216. Location of county offices. The board of supervisors shall have
 power  to  select  and  change the site of any county office or building
 within the county except as hereinafter provided. No  site  or  location
 for  any  county  jail  shall  be  selected or acquired by such board of
 supervisors which shall not have been approved by the  state  commission
 of correction. No courthouse, civil office of the sheriff, office of the
 county  clerk,  county  treasurer,  clerk of the board of supervisors or
 board of elections, now or hereafter located in a city or village, shall
 be removed beyond the  limits  of  such  city  or  village  without  the
 approval of a proposition therefor by the affirmative vote of a majority
 of  the  qualified electors of the county voting thereon at a general or
 special election. The clerk of the board of supervisors  shall  cause  a
 notice  of  such election to be published in the official newspapers AND
 THE WESTCHESTER COUNTY OFFICIAL WEBSITE once a week for six weeks previ-
 ous to such election; and shall on or before the first day  of  publica-
 tion  cause  such  notice  to  be  posted upon the bulletin board at the
 office of each city and town clerk in the  county.    The  notice  shall
 state  the  time of the election, the name of the office or building and
 the proposed site thereof by a description in general  terms  sufficient
 for  readily  identifying  the  proposed site.   The clerk shall cause a
 certificate to be filed with the board of elections stating the proposi-
 tion to be submitted on or before the first publication. Nothing  herein
 shall  be  deemed  to  dispense  with any required approval of a site or
 building by any state officer or department. In the event the  board  of
 supervisors proposes changing the present site or sites, as the case may
 be,  of  two  or  more  of the above specified offices or buildings from
 their present site or sites, as the case  may  be,  to  one  site,  such
 proposal  may  be  contained in one proposition without the necessity of
 allowing a separate vote on each of the offices or buildings  concerned,
 and  in such case, the proposition and the notice of such election shall
 state, as to each office or building affected, the name of the office or
 building, the present location thereof  by  reference  to  the  city  or
 village,  as  the  case  may  be,  and  the  proposed  site thereof by a
 description in general terms  sufficient  for  readily  identifying  the
 proposed site.
   §  5. Subdivision 4 of section 223 of the county law, as renumbered by
 chapter 678 of the laws of 1951, is amended to read as follows:
   4. Within ten days after the adoption of said resolution, the clerk of
 the board of supervisors shall cause notice of a public hearing  thereon
 to  be published in the official newspapers once a week for two publica-
 tions, and at least twenty days shall elapse from the first  publication
 to  the  date of the hearing.  THE CLERK OF THE WESTCHESTER COUNTY BOARD
 OF SUPERVISORS SHALL CAUSE  A  NOTICE  OF  SUCH  PUBLIC  HEARING  TO  BE
 PUBLISHED  ON  THE OFFICIAL COUNTY WEBSITE AT LEAST TWENTY DAYS PRIOR TO
 THE DATE OF THE HEARING. The notice shall contain an abstract  statement
 of  the  proposed project and that the survey, plans and estimate may be
 seen at the office of said clerk. A copy of such notice shall be  mailed

 A. 4486                             4

 to  each  owner from whom any easement or right-of-way is necessary. The
 public hearing may be held before the board  or  any  committee  of  the
 membership designated for that purpose.
   §  6.  Subdivision  2  of section 227 of the county law, as amended by
 chapter 934 of the laws of 1962, is amended to read as follows:
   2. Procedure to legalize. Any municipality or local officer or  agency
 seeking relief under this section shall present to the board of supervi-
 sors  of the county a petition duly verified setting forth the facts and
 praying for the relief authorized by  this  section.  Attached  to  such
 petition  shall be certified copies of all acts done and proceedings had
 in relation to the subject matter sought to be legalized.  The board  of
 supervisors  may direct the governing board or officers to do that which
 should have been done in the first instance and the time  prescribed  by
 law  for  the  performance  of the act shall be deemed extended to allow
 compliance therewith, and such acts shall not be legalized  until  proof
 is  submitted  of  such  compliance.  Notice stating the time, place and
 purpose of the public hearing shall be published  at  least  once  in  a
 newspaper designated by the board with due regard for circulation in the
 municipality  affected, EXCEPT IN WESTCHESTER COUNTY WHERE SUCH PUBLICA-
 TION SHALL BE MADE ON THE OFFICIAL COUNTY  WEBSITE,  and  posted  in  at
 least  three public conspicuous places in the municipality at least five
 days before the date set for the public hearing.  One  of  such  notices
 shall  be posted upon the bulletin board of the respective city, village
 or town clerk's office. The power to conduct such public hearing may  be
 delegated  to  a  standing or special committee of the board which shall
 file with the board a transcript of the evidence produced together  with
 its  recommendations thereon. The board of supervisors or such committee
 shall have power to compel the production of, and  shall  consider,  any
 documents  or  other  evidence  deemed  pertinent to the inquiry and may
 adjourn from time to time. The legalizing act must  be  adopted  by  the
 affirmative vote of two-thirds of the whole number of the members of the
 board  at a regular or special meeting, provided, however, that legaliz-
 ing action taken pursuant to paragraph (i) of subdivision  one  of  this
 section  shall be by local law, and provided further where on request of
 the board the state comptroller submits to it his certified findings and
 approval of a petition presented pursuant to paragraph (i),  such  local
 law  may  be  adopted by the affirmative vote of a majority of the whole
 number of the members of the board. The legalizing act shall recite  the
 filing  of  the  petition  and  all  proceedings taken thereon and shall
 contain the text of the act sought to be legalized and  the  method  of,
 and  the  maximum  maturity  of  the bonds or capital notes, if any, for
 financing the obligation or obligations so legalized and  validated.  It
 shall state the intentional act, mistake, error or omission cured by the
 legalizing  act;  that  such intentional act, mistake, error or omission
 was not the result of fraud and that no substantial hardship will result
 therefrom and the determination thereon  by  the  board  of  supervisors
 legalizing  and validating the same. A copy of the legalizing act certi-
 fied by the clerk of the board shall be published at least once  a  week
 for  two  consecutive  weeks in a newspaper designated by the board with
 due regard for circulation  in  the  municipality  affected,  the  first
 publication  of  which  shall be had, EXCEPT IN WESTCHESTER COUNTY WHERE
 SUCH PUBLICATION SHALL BE MADE ON THE OFFICIAL  COUNTY  WEBSITE,  within
 twenty  days  after  the  legalizing  act  is  adopted. The petition and
 related papers, or certified copies  thereof,  shall  be  filed  in  the
 office  of  the  county  clerk.  Subject  to limitations or restrictions
 prescribed by the board of supervisors, the amount  of  any  obligations

 A. 4486                             5
 
 legalized  and  validated  hereunder may be paid from available funds or
 shall be deemed to be a settled claim within the meaning of  subdivision
 thirty-three  of  paragraph  a of section 11.00 of the local finance law
 which  may  be  financed  by  the  issuance  of  bonds or capital notes,
 provided, however, that the maximum maturity of any such bonds shall not
 exceed six years from the date of issuance of such  bonds  or  from  the
 date of issuance of the earliest bond anticipation note issued in antic-
 ipation  thereof,  whichever  date is the earlier, and provided further,
 however, that the cost  shall  be  charged  against  the  area  normally
 responsible  for  the payment of the obligation which had been legalized
 and validated. The cost of all publications under this section shall  be
 a  charge  upon  and be paid by the petitioner. A copy of the legalizing
 act duly certified by the clerk shall be  filed  with  the  state  comp-
 troller  and  with  the petitioner.   The term "municipality" as used in
 this section shall include a city, town or village or a  fire  district,
 special  district,  special  improvement district or other local govern-
 mental agency or authority created by or pursuant to law.
   § 7. Subdivision 1 of section 254 of the county  law,  as  amended  by
 chapter 397 of the laws of 1995, is amended to read as follows:
   1.   When the agency has caused such maps and plans to be prepared, it
 shall transmit them to the board of supervisors, together with a  report
 of  its  proceedings and its recommendations, including a recommendation
 as to what officer, board or body should be the administrative  head  or
 body  of  the  proposed  district.  Such  report may further include the
 recommendations relating to the establishment of two or  more  zones  of
 assessment  within the proposed district and the estimated initial allo-
 cation of the cost of the construction of the facilities as between such
 zones to be assessed, levied and collected in  each  zone  in  the  same
 manner and at the same time as other county charges. Upon receipt of the
 report  and  the  maps  and plans, the board of supervisors shall call a
 public hearing upon a  proposal  to  establish  a  county  district,  to
 comprise the area or areas described and defined in said maps and plans.
 No public hearing shall be called to establish a water quality treatment
 district until the maps and plans have been submitted to and approved in
 writing  by  the  state  department  of health.   Copy of such notice of
 approval or denial of the maps and plans shall be filed in the office of
 the clerk of the board  of  supervisors  of  the  county  in  which  the
 proposed  district  is  located.   The clerk of the board of supervisors
 shall cause a notice of the public hearing to be published at least once
 in the official newspapers of the county and in  such  other  newspapers
 having  a  general circulation in the proposed district as the board may
 direct, EXCEPT IN WESTCHESTER COUNTY WHERE  SUCH  PUBLICATION  SHALL  BE
 MADE  ON  THE OFFICIAL COUNTY WEBSITE, the first publications thereof to
 be not less than ten or more than twenty days before the day set therein
 for the hearing. The notice of hearing shall contain  a  description  of
 the  area  or  areas to be included within the proposed district, and if
 the report shall have recommended the establishment of zones of  assess-
 ment, a description of the area or areas to be included within each zone
 of  assessment,  the  improvements  proposed,  the  maximum amount to be
 expended for the improvement, the estimated cost  of  hook-up  fees,  if
 any, to, and the cost of the district or extension to, the typical prop-
 erty  and,  if  different, the typical one or two family home, the allo-
 cation of such maximum amount as between the zones of assessment  recom-
 mended,  if any, the proposed method of assessment of the cost and shall
 specify the time when and place where the board of supervisors will meet
 to consider the matter  and  to  hear  all  parties  interested  therein

 A. 4486                             6
 
 concerning the same.  In the event that zones of assessment are provided
 for  and  an  allocation of cost of the facilities between such zones of
 assessment, said notice shall further state that said zones  of  assess-
 ment  and  said  allocations of cost may be changed from time to time by
 resolution of the board of supervisors adopted after  a  public  hearing
 whenever said board of supervisors shall determine that such changes are
 necessary  in  the  public  interest.    Prior to the publication of the
 notice of hearing, the board of supervisors shall cause to be  prepared,
 and  file for public inspection with the county clerk, a detailed expla-
 nation of how the estimated cost of hook-up fees, if any,  to,  and  the
 cost  of  the  district  or  extension  to, the typical property and, if
 different, the typical one or two family home was computed.
   § 8. Subdivisions 1 and 3 of section 271 of the county  law,  subdivi-
 sion  1 as amended and subdivision 3 as added by chapter 622 of the laws
 of 1984, are amended to read as follows:
   1. Notwithstanding the provisions of the  preceding  section,  if  the
 notice of public hearing to be held by the board of supervisors pursuant
 to section two hundred fifty-four OF THIS ARTICLE shall contain a state-
 ment  that the cost of the improvement will be assessed in proportion as
 nearly as may be to the benefit which each lot or parcel  of  land  will
 derive therefrom, and in the case of a water quality treatment district,
 such  cost  shall  be  assessed,  levied  and  collected  as hereinafter
 provided. The board of supervisors may determine to issue,  pursuant  to
 the  local  finance law, the obligations of the county in such an amount
 as said board may estimate to be sufficient to pay the  entire  cost  of
 the  improvement, but not in excess of the maximum amount proposed to be
 expended for  the  improvement  as  stated  in  the  notice  of  hearing
 published  pursuant  to  section two hundred fifty-four OF THIS ARTICLE.
 In preparing the annual estimate of revenues and  expenditures  pursuant
 to section three hundred fifty-three of this chapter, the administrative
 head  or  body  shall include, in addition to all costs of operation and
 maintenance for the next succeeding fiscal year, sums sufficient to  pay
 the  annual  installment  of  principal of, and interest on, obligations
 issued as aforesaid. The administrative head  or  body  shall  thereupon
 annually  assess  the  amount  of the estimate of expenditures, less the
 estimate of revenues as set forth in the estimate so  prepared,  on  the
 lots  and parcels of land in the district in proportion as nearly as may
 be to the benefit which each lot or parcel  will  derive  therefrom  and
 shall  prepare  an assessment roll which shall describe each such lot or
 parcel of land in such manner that the same may be ascertained and iden-
 tified and shall show the name or names of the reputed owner  or  owners
 thereof, and the aggregate amount of the assessment levied upon such lot
 or  parcel of land. The assessment roll shall be submitted to the budget
 officer at the same time as the estimate is submitted,  for  transmittal
 with  the tentative budget to the clerk of the board of supervisors. The
 assessment roll shall remain on file in the office of the clerk  and  be
 open  to  public inspection during business hours. The board of supervi-
 sors shall hold a public hearing on the assessment roll. Notice of  such
 public  hearing shall be published at least once in the official newspa-
 pers, EXCEPT IN WESTCHESTER COUNTY WHERE SUCH PUBLICATION SHALL BE  MADE
 ON  THE  OFFICIAL  COUNTY WEBSITE, stating that said assessment roll has
 been completed and that at a time and place to be specified therein  the
 board  of  supervisors  will  meet  and hear and consider any objections
 which may be made to the roll. The first publication of  the  notice  of
 the  completion  of the roll shall be not less than five days before the
 date specified for the hearing. At the time  and  place  specified,  the

 A. 4486                             7
 
 board  of supervisors shall meet and hear and consider any objections to
 the assessment roll, and may change or amend the same as it deems neces-
 sary or just so to do and may affirm and adopt the  same  as  originally
 proposed  or as amended or changed, or they may annul the same and order
 the administrative head or body to proceed anew and to  prepare  another
 roll  or  the  board  of  supervisors may prepare such new roll. No such
 amended, changed or new roll shall be adopted unless the board of super-
 visors shall hold a hearing thereon in the manner and  upon  the  notice
 prescribed  for  the original hearing. It shall be the duty of the board
 of supervisors to levy the sum apportioned to  and  assessed  upon  each
 such lot or parcel of land at the time and in the manner provided by law
 for  the  levy of state, county or town taxes. Such sums so levied shall
 be collected by the local tax  collectors  or  receivers  of  taxes  and
 assessments  and shall be paid over to the county treasurer, or compara-
 ble officer or body, in the same manner and at the same  time  as  taxes
 levied  for general county purposes. The county treasurer, or comparable
 officer or body, shall keep a separate account of such moneys  and  they
 shall  be  used  only  for  purposes  of  the  county district for which
 collected. Nothing herein  shall  prevent  the  public  hearing  on  the
 assessment  roll  from being held simultaneously with the hearing on the
 county budget held pursuant to section three hundred fifty-nine of  this
 chapter.  If  the  cost  of establishment of the county district and the
 providing of an  improvement  therein  has  been  assessed,  levied  and
 collected  pursuant  to the provisions of this section, then the cost of
 any improvement made pursuant to section two hundred sixty-eight OF THIS
 ARTICLE  shall  be  assessed,  levied  and  collected  pursuant  to  the
 provisions  of  this section. If the cost of establishment of the county
 district and the providing of an improvement therein has been  assessed,
 levied  and  collected pursuant to the provisions of section two hundred
 seventy OF THIS ARTICLE, then the cost of any improvement made  pursuant
 to  section  two  hundred sixty-eight OF THIS ARTICLE shall be assessed,
 levied and collected pursuant to the provisions of section  two  hundred
 seventy OF THIS ARTICLE.
   3.  In  the  case  of  water quality treatment districts, the board of
 supervisors shall cause  to  be  prepared  estimates  required  to  meet
 expenses  for  the annual monitoring, testing, operation and maintenance
 of the district, at the same time as provided in this  section  for  the
 preparation  of the assessment roll. Such annual estimates shall contain
 the anticipated revenue and expenditures for such district for the ensu-
 ing year. It shall also show the  amount  of  expenses  which  shall  be
 apportioned  or  charged against each lot or parcel within such district
 in proportion as nearly as may be to the benefit which each such lot  or
 parcel  will  derive  therefrom.  After  such annual estimates have been
 prepared the board of supervisors shall cause a notice to  be  published
 in  the  official  newspapers,  EXCEPT  IN WESTCHESTER COUNTY WHERE SUCH
 PUBLICATION SHALL BE MADE ON THE OFFICIAL COUNTY WEBSITE, that the  same
 may  be  examined  in  the office of the clerk and that a public hearing
 will be held thereon by the board of supervisors,  specifying  the  time
 when  and the place where such hearing will be held. Such public hearing
 may be held on the same day as the hearing on the county budget pursuant
 to section three hundred fifty-nine of this chapter. Such  notice  shall
 be  published at least five days before such hearing. After such hearing
 the board of supervisors shall adopt such estimates or it may amend  and
 modify  the  same.  If  the amount apportioned against any one parcel is
 increased after the public hearing, the board of supervisors shall  hold
 another  public  hearing  on  like notice. Such annual estimates and the

 A. 4486                             8
 
 apportionment against each such lot or parcel shall be  adopted  by  the
 board  of  supervisors  no later than the date of adoption of the annual
 county budget. After such adoption such annual estimates shall be  filed
 in  the  office  of the county clerk, and the board of supervisors shall
 levy the amount apportioned to each lot or parcel at the time and in the
 manner provided by law for the levy  of  town  and  county  taxes.  Such
 amount so levied shall be collected and enforced at the same time and in
 the  manner that town and county taxes are collected and enforced. Noth-
 ing in this section contained shall be construed to prevent the  financ-
 ing,  in whole or in part, of expenditures by private sources, grants or
 by other means.
   § 9. Subdivisions 3, 4 and 5 of section 274-a of the  county  law,  as
 added  by  chapter  620  of  the  laws  of  1996, are amended to read as
 follows:
   3. Notice. The clerk of the board of supervisors shall give notice  of
 such hearing in such newspapers, EXCEPT IN WESTCHESTER COUNTY WHERE SUCH
 PUBLICATION  SHALL  BE  MADE  ON THE OFFICIAL COUNTY WEBSITE, and within
 such time period as set forth in section two hundred fifty-four of  this
 article.  Such  notice  shall  specify the time when and the place where
 such hearing will be held and, in general terms, describe  the  proposed
 consolidation  and  shall specifically state the proposed disposition of
 the property and indebtedness  of  the  original  districts,  and  where
 appropriate, the proposed basis of the future assessment of all costs of
 operation,  maintenance  and  improvement  including  whether  zones  of
 assessment are to be established and the costs  of  district  facilities
 are  to be allocated as between such zones. Such notice shall also state
 that the county agency has issued  a  report  on  the  proposed  consol-
 idation,  if  such  be  the case, and shall specify where a copy of such
 report may be examined prior to the public hearing.
   4. Hearing. The board shall meet at the time and  place  specified  in
 such notice and hear all persons interested in the subject matter there-
 of  concerning the same. If the board shall determine, upon the evidence
 given thereat, that it is IN the public interest to consolidate  all  of
 the  districts specified in said notice, or two or more thereof, if such
 be the case, or to assess future costs  of  operation,  maintenance  and
 improvements  on  a  particular  basis  where appropriate, the board may
 adopt a resolution subject to a permissive referendum, so  consolidating
 such  districts,  if  such  be  the  case,  and [were] WHERE applicable,
 setting forth the basis for the future assessment of all costs of opera-
 tion, maintenance and improvements, including whether zones  of  assess-
 ment  are  to be established and the costs of district facilities are to
 be allocated as between such zones.
   5. Notice of  adoption  of  resolution.  Within  ten  days  after  the
 adoption by the board of a resolution consolidating districts, the board
 shall  give notice thereof at the expense of the county, by the publica-
 tion of a notice in such newspapers, EXCEPT IN WESTCHESTER COUNTY  WHERE
 SUCH PUBLICATION SHALL BE MADE ON THE OFFICIAL COUNTY WEBSITE, and with-
 in  such  time  period  as  set forth in section one hundred one of this
 chapter. Such notice shall set forth the date of adoption of the  resol-
 ution  and contain an abstract of such resolution, describing in general
 terms, the districts so consolidated, and shall specify  the  basis  for
 the  future  assessment  of  all  costs  of  operation,  maintenance and
 improvements where applicable, a description of boundaries of  zones  of
 assessment  and costs proposed to be allocated thereto, if any, and that
 such resolution was adopted subject to a permissive referendum.

 A. 4486                             9
 
   § 10. The closing paragraph of section 280-v of  the  county  law,  as
 added  by  chapter  1185  of  the  laws  of  1971, is amended to read as
 follows:
   In preparing the annual estimate of revenues and expenditures pursuant
 to section three hundred fifty-three of this chapter, the administrative
 head  or  body  shall include, in addition to all costs of operation and
 maintenance for the next succeeding fiscal year, sums sufficient to  pay
 the  annual  installment  of  principal of, and interest on, obligations
 issued as aforesaid. The administrative head  or  body  shall  thereupon
 annually  assess  the  amount  of the estimate of expenditures, less the
 estimate of revenues including financial aid and assistance made  avail-
 able  by the state or federal government as set forth in the estimate so
 prepared, on the lots and parcels of land in the district in  proportion
 as  nearly as may be to the benefit which each lot or parcel will derive
 therefrom and shall prepare an assessment roll which shall describe each
 such lot or parcel of land in such manner that the same  may  be  ascer-
 tained  and  identified  and shall show the name or names of the reputed
 owner or owners thereof, and the  aggregate  amount  of  the  assessment
 levied  upon  such lot or parcel of land.  Provided, however, that for a
 hurricane protection project such assessment shall be at a rate  not  to
 exceed  twenty  per centum of the net annual cost to the county for such
 improvement when such lot or parcel is publicly used or owned and not to
 exceed seventy per centum of  such  cost  when  the  lot  or  parcel  is
 privately  owned.    Provided  further, that for single purpose flood or
 shoreline erosion control projects, such assessment shall be at  a  rate
 up to one hundred per centum of the net annual cost to the county wheth-
 er  such  lot  or  parcel is publicly or privately owned. The assessment
 roll shall be submitted to the budget officer at the same  time  as  the
 estimate  is submitted, for transmittal with the tentative budget to the
 clerk of the governing body. The assessment roll shall remain on file in
 the office of the clerk and be open to public inspection during business
 hours. The governing body shall hold a public hearing on the  assessment
 roll.  Notice of such public hearing shall be published at least once in
 the official newspapers, EXCEPT IN WESTCHESTER COUNTY WHERE SUCH  PUBLI-
 CATION  SHALL  BE MADE ON THE OFFICIAL COUNTY WEBSITE, stating that said
 assessment roll has been completed and that at a time and  place  to  be
 specified therein the governing body will meet and hear and consider any
 objections  which  may be made to the roll. The first publication of the
 notice of the completion of the roll shall be not less  than  five  days
 before  the date specified for the hearing. At the time and place speci-
 fied, the governing body shall meet and hear and consider any objections
 to the assessment roll, and may change or amend the  same  as  it  deems
 necessary  or  just  so  to  do  and  may  affirm  and adopt the same as
 originally proposed or as amended or changed, or it may annul  the  same
 and order the administrative head or body to proceed anew and to prepare
 another  roll  or the governing body may prepare such new roll.  No such
 amended, changed or new roll shall be adopted unless the governing  body
 shall  hold  a  hearing  thereon  in  the  manner  and  upon  the notice
 prescribed for the original hearing. It shall be the duty of the govern-
 ing body to levy the sum apportioned to and assessed upon each such  lot
 or  parcel of land at the time and in the manner provided by law for the
 levy of state, county or town taxes.   Such  sums  so  levied  shall  be
 collected  by the local tax collectors or receivers of taxes and assess-
 ments and shall be paid over to the county treasurer in the same  manner
 and  at  the  same time as taxes levied for general county purposes. The
 county treasurer shall keep a separate account of such moneys  and  they

 A. 4486                            10
 
 shall  be  used  only  for  purposes  of  the  county district for which
 collected. Nothing herein  shall  prevent  the  public  hearing  on  the
 assessment  roll  from being held simultaneously with the hearing on the
 county  budget held pursuant to section three hundred fifty-nine of this
 chapter. If the cost of establishment of the  county  district  and  the
 providing  of  an  improvement  therein  has  been  assessed, levied and
 collected pursuant to the provisions of this section, then the  cost  of
 any  improvement  made  pursuant to section two hundred eighty-s OF THIS
 ARTICLE  shall  be  assessed,  levied  and  collected  pursuant  to  the
 provisions  of  this section. If the cost of establishment of the county
 district and the providing of an improvement therein has been  assessed,
 levied  and  collected pursuant to the provisions of section two hundred
 eighty-u OF THIS ARTICLE, then the cost of any improvement made pursuant
 to section two hundred eighty-s  OF  THIS  ARTICLE  shall  be  assessed,
 levied  and  collected pursuant to the provisions of section two hundred
 eighty-u OF THIS ARTICLE.
   § 11. Section 359 of the county law, as amended by chapter 197 of  the
 laws of 1952, is amended to read as follows:
   §  359.  Public  hearing; distribution of tentative budget. Before the
 final adoption of the budget, the board  of  supervisors  shall  hold  a
 public  hearing  on  the tentative budget with such changes, alterations
 and revisions, as shall have been made therein by such board pursuant to
 section three hundred fifty-eight OF THIS  ARTICLE.  The  clerk  of  the
 board  of  supervisors shall cause to be printed or otherwise reproduced
 at least one hundred copies of such  tentative  budget  as  so  changed,
 altered  and  revised,  but the board of supervisors, by resolution, may
 direct that a greater number of copies be so printed or reproduced.  The
 time when and place where such hearing shall be held shall be  fixed  by
 resolution of the board of supervisors. The clerk of the board of super-
 visors  shall cause a notice to be published stating the time, place and
 purpose of the public hearing and that copies of the tentative budget on
 which the public hearing will be held are available at  his  office  and
 may  be  inspected  or  procured thereat by any interested person during
 business hours. There shall be included in  the  notice  of  the  public
 hearing  on  the  tentative budget, or in a separate notice published in
 the same manner and at the same time as such notice of hearing, a state-
 ment of the maximum salary, or the maximum  rate  of  per  diem  compen-
 sation,  or  both,  as  the  case  may be, that may be fixed and payable
 during the ensuing fiscal year to the members of the board  of  supervi-
 sors  and  to  the  chairman  respectively. The notice of public hearing
 shall be published at least once in the official newspaper or newspapers
 of the county, and in such other newspapers, EXCEPT IN WESTCHESTER COUN-
 TY WHERE SUCH PUBLICATION SHALL BE MADE ON THE OFFICIAL COUNTY  WEBSITE,
 and for such other times as the board of supervisors, by resolution, may
 direct.    At least five days shall elapse between the first publication
 of such notice and date specified for the hearing. The hearing shall  be
 held on the date so specified at which time any person may be heard. The
 hearing may be adjourned from day to day, but not later than the twenti-
 eth day of December.
   § 12. This act shall take effect immediately.