S T A T E O F N E W Y O R K
________________________________________________________________________
8857--A
I N S E N A T E
April 25, 2022
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions -- committee discharged, bill amended, ordered
reprinted as amended and recommitted 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.
LBD14591-07-2
S. 8857--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.
S. 8857--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.