S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5801
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend the town law, in  relation  to  aquatic  growth  control
   districts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Section 190 of the town law, as amended by chapter 378  of
 the laws of 2012, is amended to read as follows:
   §  190.  Establishment  or  extension of improvement districts. Upon a
 petition as hereinafter provided, the town board of any town may  estab-
 lish  or  extend  in  said  town a sewer, drainage, water, water quality
 treatment, park, public parking, lighting, snow removal,  water  supply,
 sidewalk,  a  fallout  shelter  district or refuse and garbage district,
 aquatic [plant] growth control district, ambulance  district,  watershed
 protection  improvement  district,  and  in  any  town bordering upon or
 containing within its boundaries any navigable waters of this  state,  a
 harbor  improvement  district,  a public dock district, or beach erosion
 control district, and provide improvements or services, or both, in  any
 such  district,  wholly  at  the  expense  of the district; but no water
 supply district shall be established or extended to include lands  situ-
 ate within the boundaries of a water district. No such district shall be
 established  or  extended  in  a  city  or  in  an  incorporated village
 provided, however, that such a district may be established  or  extended
 wholly  or  partly  within  an  incorporated  village  on consent of the
 village expressed in a local law, ordinance or resolution, subject to  a
 referendum  on  petition under section twenty-four of the municipal home
 rule law or a permissive referendum under article nine  of  the  village
 law,  as  the  case  may  be, and except, in the case of a water quality
 treatment district, on consent of a village expressed in a local law  or
 by  resolution  of the board of trustees and not subject to any referen-
 dum.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09005-02-3
              

 A. 5801                             2
 
   § 2. Paragraph a of subdivision 1 of section 193 of the town  law,  as
 amended  by  chapter  378  of  the  laws  of 2012, is amended to read as
 follows:
   a.  Whenever  a petition shall be presented to the town board pursuant
 to this article, for the establishment or extension of a sewer, wastewa-
 ter disposal, drainage, water, water  quality  treatment,  park,  public
 parking,  lighting,  snow  removal,  water  supply, sidewalk, refuse and
 garbage, aquatic [plant] growth control  district,  ambulance  district,
 harbor improvement district, public dock district, beach erosion control
 district,  watershed protection improvement district, or a fallout shel-
 ter district, the board shall adopt an order and enter the same  in  the
 minutes of its proceedings, reciting in general terms the filing of such
 petition,  the  boundaries  of  the  proposed district, the improvements
 proposed, the maximum amount proposed to be expended for the improvement
 as stated in the petition or the maximum amount to be expended  for  the
 performance  or  supplying  of services if a maximum amount is stated in
 the petition, 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, and specifying  the  time
 when  and  place where said board will meet to consider the petition and
 to hear all persons interested in the subject  thereof,  concerning  the
 same.  The board shall cause a copy of such order, certified by the town
 clerk, to be published at least once in the official  paper,  the  first
 publication  thereof  to  be not less than ten nor more than twenty days
 before the day set therein for the hearing as aforesaid, and shall  also
 cause  a  copy  thereof  to be posted on the signboard of the town main-
 tained pursuant to subdivision six of section thirty  of  this  chapter,
 not  less  than  ten nor more than twenty days before the day designated
 for the hearing as aforesaid. In the event that  the  town  maintains  a
 website,  such information may also be provided on the website. Prior to
 the publication of a copy of the order, the  board  shall  cause  to  be
 prepared, and file for public inspection with the town clerk, a detailed
 explanation  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.
   §  3.  Subdivision  10-e  of  section 198 of the town law, as added by
 chapter 602 of the laws of 1967, is amended to read as follows:
   10-e. Aquatic [plant] growth control district. After an aquatic growth
 control 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, or  take  such  other  action  as  may  be
 required,  for  the  control of aquatic growth within the district as it
 may deem to be necessary or desirable.   FOR PURPOSES OF  THIS  CHAPTER,
 "AQUATIC  GROWTH" MEANS AQUATIC INVERTEBRATE SPECIES AND AQUATIC PLANTS,
 IDENTIFIED AS INVASIVE PURSUANT TO TITLE SEVENTEEN OF  ARTICLE  NINE  OF
 THE ENVIRONMENTAL CONSERVATION LAW.
   § 4. Subdivision 3 of section 202 of the town law, as amended by chap-
 ter 378 of the laws of 2012, is amended to read as follows:
   3.  The expense of the establishment of a park, public parking, water,
 lighting, snow removal, water supply, water, water storage and  distrib-
 ution,  sidewalk,  refuse  and  garbage,  aquatic [plant] growth control
 district, ambulance district,  harbor  improvement  district,  watershed
 protection  improvement  district, public dock district, fallout shelter
 district, or beach erosion control district, and providing  improvements
 or  services, or both, therefor, and of constructing lateral water mains
 pursuant to paragraph (b) of subdivision  one  of  section  one  hundred
 A. 5801                             3
 
 ninety-nine,  shall  be  assessed, levied and collected from the several
 lots and parcels of land within the district for  each  purpose  in  the
 same manner and at the same time as other town charges, except as other-
 wise  provided  by  law. In the event that any order adopted pursuant to
 section two hundred nine-d of this chapter for the  establishment  of  a
 water  district,  sidewalk district, a public parking district, a refuse
 and garbage district, an aquatic [plant] growth control district, light-
 ing  district,  watershed  protection  improvement  district,  or  beach
 erosion  and control district or that any petition for the establishment
 of a water district, sidewalk district, a  public  parking  district,  a
 refuse and garbage district, an aquatic [plant] growth control district,
 lighting  district,  or  beach erosion control district, shall contain a
 statement that the cost of constructing  the  water  system,  sidewalks,
 lighting  system, or acquiring and improving lands for public parking or
 for refuse and garbage purposes or for beach  erosion  control,  or  for
 watershed  protection improvement district or for aquatic [plant] growth
 control, shall be assessed by the town board in proportion as nearly  as
 may  be  to  the benefit which each lot or parcel will derive therefrom,
 the amount to be raised for the payment of the principal and interest of
 the bonds issued for the construction of the  water  system,  sidewalks,
 lighting  system, or acquiring and improving lands for public parking or
 for refuse and garbage purposes or for beach  erosion  control,  or  for
 aquatic  [plant] growth control, or for watershed protection improvement
 district pursuant to such petition or order, shall be  assessed  on  the
 lands within such district in the same manner as provided in the case of
 trunk  sewers.  The expense of constructing lateral water mains pursuant
 to paragraph (c) of subdivision one of section one  hundred  ninety-nine
 shall  be  assessed,  levied  and  collected  from  the several lots and
 parcels of land within the district in proportion to the  area  of  such
 lot or parcel of land to the total area of the district.
   §  5.  Subdivision  1  of section 209-a of the town law, as amended by
 chapter 378 of the laws of 2012, is amended to read as follows:
   1. the term "improvement district" shall include only a sewer,  waste-
 water  disposal,  drainage,  water, park, public parking, lighting, snow
 removal, water supply, sidewalk, refuse  and  garbage,  aquatic  [plant]
 growth  control,  or  watershed protection improvement district or ambu-
 lance district in any town, and, in any town bordering upon or  contain-
 ing  within  its  boundaries  any navigable water of this state a public
 dock or beach erosion control district;
   § 6. Subdivision 1 of section 209-d of the town  law,  as  amended  by
 chapter 378 of the laws of 2012, is amended to read as follows:
   1.  Subsequent  to the date of the filing of the map, plans and report
 in the office of the town clerk  as  required  in  section  two  hundred
 nine-c  of  this article the town board may adopt an order and enter the
 same in the minutes of its proceedings reciting  a  description  of  the
 boundaries  of the proposed district or extension in a manner sufficient
 to identify the lands included therein as in a deed of  conveyance,  the
 improvements  proposed,  the  maximum amount proposed 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  property  and,  if
 different,  the  typical  one or two family home, the proposed method of
 financing to be employed, the fact that a map, plan and report  describ-
 ing  the  same  are  on  file  in  the  town  clerk's  office for public
 inspection and specifying the time when and the place where  said  board
 will  meet  and  hold a public hearing to hear all persons interested in
 the subject thereof, concerning the same.  If such order  proposes  only
 A. 5801                             4
 
 the performance or supplying of certain services, it may state the maxi-
 mum  amount  to  be expended annually for such services. The board shall
 cause a copy of such order to be published at least once in the official
 paper,  the  first  publication thereof to be not less than ten nor more
 than twenty days before the day set therein for the  hearing  as  afore-
 said, and shall also cause a copy thereof to be posted on the sign-board
 of  the town maintained pursuant to subdivision six of section thirty of
 this chapter, not less than ten nor more than twenty days before the day
 designated for the hearing as aforesaid. Such order  may  further  state
 such  place  other  than the town clerk's office where the map, plan and
 report may be examined in advance of the  hearing,  if  the  town  board
 determines  that, in the public interest, some other additional place is
 necessary or desirable. If a water district, sidewalk district, a public
 parking district, a refuse and garbage district, aquatic [plant]  growth
 control  district,  watershed  protection  improvement district or beach
 erosion control district is proposed, such order may contain a statement
 that the cost of constructing the water system, sidewalks  or  acquiring
 lands  for public parking or for refuse and garbage purposes, or aquatic
 [plant] growth control purposes or for  beach  erosion  control  or  for
 watershed  protection improvement purposes shall be assessed by the town
 board in proportion as nearly as may be to the benefit which each lot or
 parcel will derive therefrom. Prior to the publication of the order, the
 board shall cause to be prepared, and file for  public  inspection  with
 the  town  clerk,  a  detailed  explanation 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.
   § 7. This act shall take effect immediately.