S T A T E   O F   N E W   Y O R K
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                                  9445--A
 
                           I N  A S S E M B L Y
 
                               March 7, 2022
                                ___________
 
 Introduced  by  M. of A. GALLAGHER, BURDICK -- read once and referred to
   the Committee on Corporations, Authorities and Commissions --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the public authorities law, in relation  to  authorizing
   local water and sewerage authorities to charge fees for surface runoff

   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 "water bill fairness act".
   § 2. Section 1196-b of the public authorities law is amended by adding
 seven new subdivisions 22, 23, 24, 25, 26, 27 and 28 to read as follows:
   22.  "STORMWATER"  SHALL  MEAN A FLOW OF WATER OCCURRING ON THE GROUND
 SURFACE WHEN RAIN OR MELTWATER CAN NO LONGER BE ABSORBED BY THE SOIL  OR
 GROUND SURFACE.
   23.  "GREEN  INFRASTRUCTURE" SHALL MEAN THE RANGE OF MEASURES THAT USE
 PLANT OR SOIL SYSTEMS, PERMEABLE PAVEMENT OR OTHER PERMEABLE SURFACES OR
 SUBSTRATES, STORMWATER HARVEST OR REUSE, OR LANDSCAPING TO STORE, INFIL-
 TRATE OR  EVAPOTRANSPIRATE  STORMWATER  AND  REDUCE  FLOWS  TO  SEWERAGE
 SYSTEMS, SEWERAGE FACILITIES, OR TO SURFACE WATERS.
   24.  "MS4 COMPLIANCE" SHALL MEAN EFFORTS UNDERTAKEN TO COMPLY WITH THE
 REQUIREMENTS OF  PERMITS  ISSUED  FOR  MUNICIPAL  SEPARATE  STORM  SEWER
 SYSTEMS PURSUANT TO ANY FEDERAL RULE OR REGULATION REQUIRED BY 31 U.S.C.
 SECTION  1342, INCLUDING 40 C.F.R. PARTS 9, 122, 123, AND 124 ("STORMWA-
 TER II") OR ANY SUCCESSOR REGULATION.
   25. "COMBINED SEWER SYSTEM" SHALL MEAN A SEWERAGE SYSTEM  OR  SEWERAGE
 FACILITY  OWNED  BY  THE  STATE, AUTHORITY, OR MUNICIPALITY THAT CONVEYS
 STORMWATER AND  SANITARY WASTEWATER FROM  RESIDENTIAL,  COMMERCIAL,  AND
 INDUSTRIAL SOURCES THROUGH A SINGLE-PIPE SYSTEM.
   26.  "COMBINED SEWER OVERFLOW" SHALL MEAN THE DISCHARGE OF SEWAGE FROM
 A COMBINED SEWER SYSTEM AT A POINT IN SUCH SYSTEM BEFORE SUCH SEWAGE HAS
 REACHED A PUBLICLY OWNED TREATMENT WORKS, USUALLY CAUSED BY AN  INCREASE
 IN FLOW IN EXCESS OF DESIGN CAPACITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14591-06-2
              

 A. 9445--A                          2
 
   27.   "STORMWATER   MANAGEMENT"   SHALL  MEAN  THE  PLANNING,  DESIGN,
 CONSTRUCTION, MAINTENANCE, IMPROVEMENT, ACQUISITION, OR OPERATION OF ANY
 PUBLIC SYSTEM OF PRACTICES OR INFRASTRUCTURE,  INCLUDING  GREEN  INFRAS-
 TRUCTURE, WHICH CONVEYS, TREATS, OR STORES STORMWATER, INDUCES GROUNDWA-
 TER  RECHARGE  OF  STORMWATER,  REDUCES  FLOODING  CAUSED BY STORMWATER,
 REDUCES THE DISCHARGE OF UNTREATED STORMWATER INTO  SURFACE  WATERS,  OR
 REDUCES  COMBINED  SEWER  OVERFLOWS  OR OTHER DELETERIOUS ENVIRONMENTAL,
 SOCIAL, OR ECONOMIC CONSEQUENCES CAUSED BY UNMANAGED STORMWATER  RUNOFF.
 STORMWATER MANAGEMENT SHALL INCLUDE, WITHOUT LIMITATION: MS4 COMPLIANCE;
 ACTIONS  REQUIRED TO COMPLY WITH A STATE POLLUTANT DISCHARGE ELIMINATION
 SYSTEM PERMIT ISSUED PURSUANT TO ARTICLE SEVENTEEN OF THE  ENVIRONMENTAL
 CONSERVATION  LAW  AND  REASONABLY RELATED TO STORMWATER MANAGEMENT; THE
 DEVELOPMENT AND IMPLEMENTATION OF A MUNICIPAL STORMWATER MANAGEMENT PLAN
 OR STORMWATER CONTROL ORDINANCE; AND THE DEVELOPMENT AND  IMPLEMENTATION
 OF  A LONG-TERM CONTROL PLAN TO MITIGATE COMBINED SEWER OVERFLOWS PURSU-
 ANT TO ANY FEDERAL OR STATE LAW, REGULATION, RULE,  PERMIT,  OR  CONSENT
 DECREE.
   28. "STORMWATER FEE" SHALL MEAN THE IMPOSITION OF A FEE, RATE, RENT OR
 OTHER  SERVICE  CHARGE  FOR  THE  COSTS  OF STORMWATER MANAGEMENT, IN AN
 AMOUNT DETERMINED AS A FUNCTION OF (A) THE GROSS AREA OF THE REAL  PROP-
 ERTY  AND (B) THE IMPERVIOUS AREA OF THE PROPERTY, WHICH MAY BE ADJUSTED
 FOR THE CLASSIFICATION OR USE OF THE PROPERTY, AND WHICH SHALL BE A FAIR
 AND EQUITABLE APPROXIMATION OF THE REAL PROPERTY'S PROPORTIONAL CONTRIB-
 UTION TO STORMWATER  RUNOFF.  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,
 "IMPERVIOUS  AREA OF THE PROPERTY" SHALL MEAN THE AREA OF THE REAL PROP-
 ERTY THAT RESTRICTS WATER ABSORPTION.
   § 3. Subdivisions 22 and 23 of section 1196-d of the  public  authori-
 ties  law,  as  added by chapter 510 of the laws of 1984, are amended to
 read as follows:
   22. To provide for the discontinuance or disconnection of  the  supply
 of  water or the provision of sewerage service, or both, as the case may
 be, for non-payment of fees, rates,  rents  or  other  charges  therefor
 imposed  by the authority, provided such discontinuance or disconnection
 of any supply of water or the provision of sewerage service, or both, as
 the case may be, shall not be carried out except in the manner and  upon
 the notice as is required of a waterworks corporation pursuant to subdi-
 visions  three-a,  three-b  and  three-c  of  section  eighty-nine-b and
 section one hundred sixteen of the public service law; [and]
   23. TO DEVELOP A POLICY FOR THE COLLECTION OF STORMWATER FEES, AND  TO
 CREATE CREDITS THAT MAY BE APPLIED THERETO BASED ON BEHAVIOR OR IMPROVE-
 MENTS THAT ABSORB, DETAIN, OR RETAIN STORMWATER.
   (A)  SEPARATE,  PARTIAL, AND NON-EXCLUSIVE CREDITS MAY BE CREATED FOR:
 (I) THE INSTALLATION, OPERATION, AND MAINTENANCE OF  CURRENT  STORMWATER
 BEST  MANAGEMENT  PRACTICES  THAT  REDUCE,  RETAIN,  OR TREAT STORMWATER
 ON-SITE AND WHICH ARE APPROVED BY THE COUNTY, MUNICIPALITY, OR  AUTHORI-
 TY;  (II)  THE INSTALLATION, OPERATION, AND MAINTENANCE OF GREEN INFRAS-
 TRUCTURE THAT REDUCES, RETAINS, OR TREATS STORMWATER ON-SITE  AND  WHICH
 IS  APPROVED  BY  THE  COUNTY,  MUNICIPALITY, OR AUTHORITY; OR (III) ANY
 COMBINATION OF SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH THAT EXCEEDS
 REQUIREMENTS THAT MAY BE APPLICABLE UNDER ANY LAW, RULE,  OR  REGULATION
 RELATED TO STORMWATER MANAGEMENT, STORMWATER MANAGEMENT PLANS, OR STORM-
 WATER CONTROL ORDINANCES.
   (B)  THE  AUTHORITY'S POLICY MAY EXEMPT CERTAIN HORTICULTURAL OR AGRI-
 CULTURAL PROPERTIES FROM SUCH FEES.
 A. 9445--A                          3
 
   (C) ANY POLICY FOR THE COLLECTION OF A STORMWATER FEE  IMPLEMENTED  BY
 AN  AUTHORITY OR MUNICIPALITY PRIOR TO APRIL FIRST, TWO THOUSAND TWENTY-
 TWO SHALL NOT NEED TO CONFORM TO THE REQUIREMENTS OF THIS SUBDIVISION.
   (D) ALL OF THE REVENUES FROM THE COLLECTION OF SUCH FEES BY AN AUTHOR-
 ITY  SHALL BE RESERVED FOR STORMWATER MANAGEMENT WITHIN THE DISTRICT AND
 THE RECOVERY OF THE COSTS INCURRED BY THE AUTHORITY'S OR  MUNICIPALITY'S
 STORMWATER  MANAGEMENT PROGRAMS; PROVIDED, HOWEVER, THAT THE AUTHORITY'S
 POLICY SHALL SET  ASIDE  A  SPECIFIC  PROPORTION  OF  REVENUE  FROM  THE
 COLLECTION  OF SUCH FEES FOR THE PLANNING, CONSTRUCTION, AND MAINTENANCE
 OF GREEN INFRASTRUCTURE.
   (E) THE AUTHORITY'S POLICY MAY DISCOUNT A STORMWATER FEE ON THE  BASIS
 OF INCOME; AND
   24.  To  do all things necessary, convenient or desirable to carry out
 its purposes and for the exercise of the powers granted in this title.
   § 4. This act shall take effect immediately.