Senate Bill S5656

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5656
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2025
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 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
              

 S. 5656                             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.