Assembly Bill A8255

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8255
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2025
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend the county law, in relation to sewer districts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 253-b of the county law, as amended by chapter  622
 of the laws of 1984, is amended to read as follows:
   §  253-b.  Amendment  or  modification  of plans. 1. When the board of
 supervisors or county legislature  shall  have  established  a  district
 pursuant  to this article and adopted a plan of a service or improvement
 for such district, such plan shall not  be  modified  by  the  board  of
 supervisors  or any officer of the county nor by the administrative head
 or body of such district except as provided in this section. The  admin-
 istrative  head or body shall submit a report in writing to the board of
 supervisors specifying the particulars in which it is proposed to modify
 such plan. Upon receipt of such report the board  of  supervisors  shall
 adopt  a  resolution  calling  a  public hearing thereon. Notice of such
 public hearing shall be given in the  manner  provided  by  section  two
 hundred  fifty-four  of [the county law] THIS ARTICLE. Such notice shall
 specify in terms sufficient for identification the particulars in  which
 it is proposed to modify the plan of the service or improvement, and the
 time  and  place  when  the  board  of supervisors will meet to hear and
 consider any objections which may be made thereto, which time and  place
 shall  be  not  less  than ten nor more than twenty days after the first
 publication of such notice. When any change shall be made  in  the  plan
 proposed and once adopted, a revised or additional map and profile shall
 be  made  showing  the  change,  and all such maps and profiles shall be
 carefully preserved in the office of the county clerk, or if the  county
 district  shall  have  an office, in the office of such county district,
 and shall be open to inspection by all persons interested.  However,  in
 the  case  of water quality treatment districts, amendments or modifica-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06415-01-5
              

 A. 8255                             2
 
 tions of plans must have the  written  approval  of  the  department  of
 health  prior  to  adoption.  At  the request of an owner of a parcel of
 property within the county, if the private well water on  such  property
 is contaminated, a water quality treatment district plan may be amended,
 from  time to time, to include said parcel of property. If an owner of a
 parcel of  property  within  the  county  requests  exclusion  from  the
 district,  such request shall be granted without the state department of
 health approval and without the  procedure  set  forth  in  section  two
 hundred  fifty-six  of this article. The removal of a parcel of property
 from a district shall in no way affect the owner's liability for charges
 which have accrued against the owner's property, prior  to  said  exclu-
 sion,  for  the procurement, installation, modification, replacement and
 removal of a water quality treatment unit or device or for  expenses  of
 operation  and  maintenance  including monitoring, testing, regenerating
 and treating. Should a public  or  private  water  system,  supplier  or
 authority  commence  supplying  water to any parcel of property within a
 water quality treatment district, such parcel of property shall no long-
 er be considered part of the water quality treatment district,  and  all
 services  to  such  parcels shall be terminated. Termination of services
 shall include, the removal of  all  water  quality  treatment  units  or
 devices and a charge for the cost of doing so to the benefited property,
 except  when  such unit or device was acquired and owned by the property
 owner or when the district determines that such unit or device is  obso-
 lete and no longer useful for any district purpose.
   2.  NOTWITHSTANDING  THE FOREGOING, IN THE CASE OF SEWER DISTRICTS, AT
 THE REQUEST OF AN OWNER OF A PARCEL OF PROPERTY WITHIN THE BOUNDARIES OF
 SUCH SEWER DISTRICT REQUESTS EXCLUSION FROM THE SEWER  DISTRICT  DUE  TO
 THE  LACK  OF  SEWAGE SERVICES PROVIDED TO SUCH PARCEL OF PROPERTY, SUCH
 REQUEST SHALL BE GRANTED WITHOUT THE STATE DEPARTMENT OF HEALTH APPROVAL
 AND WITHOUT THE PROCEDURE SET FORTH IN SECTION TWO HUNDRED FIFTY-SIX  OF
 THIS  ARTICLE. THE REMOVAL OF A PARCEL OF PROPERTY FROM A SEWER DISTRICT
 SHALL IN NO WAY AFFECT THE OWNER'S  LIABILITY  FOR  CHARGES  WHICH  HAVE
 ACCRUED  AGAINST THE OWNER'S PROPERTY, PRIOR TO SAID EXCLUSION. SHOULD A
 PUBLIC OR PRIVATE SEWER SYSTEM, SUPPLIER OR AUTHORITY COMMENCE SUPPLYING
 SEWAGE SERVICES TO ANY PARCEL OF PROPERTY WITHIN A SEWER DISTRICT,  SUCH
 PARCEL  OF  PROPERTY  SHALL  NO  LONGER  BE CONSIDERED PART OF THE SEWER
 DISTRICT, AND ALL SERVICES TO SUCH PARCELS SHALL BE TERMINATED.
   § 2. This act shall take effect immediately.