S T A T E O F N E W Y O R K
________________________________________________________________________
7440
2019-2020 Regular Sessions
I N A S S E M B L Y
May 3, 2019
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT in relation to authorizing 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08086-03-9
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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 1.5
cents per 1,000 gallons 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 public land or land
used as part of a farm operation shall be excluded from such fee. For
the purposes of this act "public land" shall mean any land exempt from
real property taxation pursuant to title 1 of article 4 of the real
property tax law. For the purposes of this act, "farm operation" shall
have the same meaning as provided for in section 301 of the agriculture
and markets law.
(c) 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.
(d) 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.
(e) 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.
(f) The local law may also provide for an exemption from the water
restoration fee. Such exemption shall not be less than fifty thousand
gallons of water usage nor more than 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
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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,
including individual hookups, or an individual septic system, including
an alternative wastewater treatment facility or an individual septic
system with active treatment, to treat, neutralize, stabilize, eliminate
or partially eliminate sewage or reduce pollutants, including permanent
or pilot demonstration wastewater treatment projects, or equipment or
furnishings thereof. Such projects shall have as their purpose the reme-
diation of existing water quality to meet specific water quality stand-
ards. Projects which permit or accommodate new growth shall not be
included within this definition. Not less than 50% of the funds shall be
used for the upgrade of individual septic systems.
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(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
groundwater, surface water, and drinking water; (2) the construction of
water quality improvement projects; (3) the establishment of a program
for 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; (6) public education relating
to protecting, preserving, and enhancing groundwater, surface water, and
drinking water; and (7) land acquisition projects for source water
protection.
(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 action plan. Said approval shall be in addition
to all other approvals required by law. The board of trustees shall
consist of ten members, who shall serve without compensation. Each town,
by resolution of the town board, shall appoint a member to the board. A
majority of the 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 nine of this act.
The committee shall consist of not more than twenty-five members which
shall include representatives of environmental groups, economic develop-
ment and real estate interests, farmers, water suppliers, civic groups,
planners, biologists, and water quality scientists and recreational
interests. The members of the committee shall serve without compen-
sation. 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. The county by
resolution of the county legislature, shall appoint the members of the
board.
§ 9. Action plan. The water quality restoration fund board of trustees
shall prepare, review and approve the action plan within one year of the
effective date of this act. The board of trustees shall conduct a public
hearing on the plan before its adoption or subsequent 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 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
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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. 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.
§ 12. 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.
§ 13. 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.