§ 256-b. Suffolk county wastewater management district. 1. (a)
Notwithstanding the provisions of any general, special or local law to
the contrary, including this article, the county legislature of Suffolk
county is hereby authorized to establish by resolution a Suffolk county
wastewater management district, hereinafter referred to in this section
as the "district", which shall include all powers of a sewer district
and a wastewater disposal district as provided in section two hundred
fifty of this article and as set forth in this subdivision, pursuant to
the procedure contained in this section.

(b) In addition to the powers provided in section two hundred fifty of
this article, the district shall have the power, as determined by the
county legislature, to: (i) consolidate all of the original county sewer
districts within the county as well as unsewered areas of the county,
under the jurisdiction of the district; (ii) establish one or more zones
of assessment within the district, coterminous with the territorial
boundaries of the existing county sewer districts, consolidated pursuant
to this section, the method of wastewater collection, treatment and
disposal, existing or proposed, or both, and make changes to such zones
of assessments; (iii) acquire interests in real property which may be
completed by the transfer of property of original county sewer districts
to the district, necessary for the installation and maintenance of
district facilities; (iv) prioritize district projects in accordance
with the Suffolk county subwatershed wastewater plan (SWP) adopted by
the county legislature, and any amendments thereto; (v) receive funds
from the Suffolk county water quality restoration fund, as established
by section one thousand two hundred ten-F of the tax law, and distribute
grant proceeds within the district in accordance with the goals
established in the Suffolk county subwatershed wastewater plan; (vi)
assume and pay any remaining indebtedness of each original county sewer
district; (vii) within the zones of assessment, establish and provide
for the collection of charges, rates, taxes or assessments to provide
for the costs of operation, expenses, the sums sufficient to pay the
annual installment of principal of, and interest on, obligations for
improvements of the district, maintenance and improvements of the
district, including but not limited to: (A) special assessment as
defined in subdivision fifteen of section one hundred two of the real
property tax law; (B) special ad valorem levy as defined in subdivision
fourteen of section one hundred two of the real property tax law; (C)
sewer rent as provided under article fourteen-F of the general municipal
law; (viii) distribute grant proceeds within the district in accordance
with the goals established in the SWP; and (ix) adopt, amend and repeal,
from time to time, rules and regulations for the operation of a county
district. Nothing in this section shall be construed to permit the
collection of charges, rates, taxes, or assessments authorized by this
section outside of the established zones of assessment within the
unsewered portions of the district or within town or village sewer
districts.

2. Boundaries. The boundaries of the district upon formation shall
include the boundaries of all county sewer districts consolidated into
the district and all unsewered areas of the county. Until such time as a
town or village sewer district is consolidated into the district as set
forth in subdivision ten of this section, the boundaries of the district
shall not include territorial boundaries of town or village sewer
districts located wholly or in part in the county of Suffolk.

3. County agency review and report. The county legislature may direct
the county agency, appointed or established pursuant to section two
hundred fifty-one of this article, to, or the county agency on its own
motion may, review and report thereon to the county legislature on the
creation of the district and the merger therewith of any or all existing
county sewer districts in accordance with this section and such other
details as may be directed by the county legislature consistent with
this article. When the agency has caused such report to be prepared, it
shall transmit it to the county legislature. Upon receipt of the report,
the county legislature shall call a public hearing pursuant to
subdivision five of this section to create a Suffolk county wastewater
management district in accordance with this section. Such report shall
be filed in the office of the clerk of the legislature of Suffolk
county.

4. Resolution. The county legislature of Suffolk county may adopt a
resolution calling a public hearing upon the proposed creation of the
district.

5. Notice. The clerk of the county legislature shall give notice of
the hearing described in subdivision four of this section in such
newspapers and within such time period as set forth in section two
hundred fifty-four of this article. Such notice shall specify the time,
date and location of such hearing and, in general terms, describe the
proposed establishment of the district and the proposed basis of the
future assessment of all costs of operation, maintenance and
improvements of the district.

6. Hearing and resolution to establish. The county legislature shall
meet at the time, date and location specified in such notice and hear
all persons interested in the subject matter thereof concerning the
same. If the county legislature determines that it is in the public
interest to establish the district as specified in such notice, it shall
further determine by resolution: (i) whether all property and property
owners within the proposed district are benefited thereby; and (ii)
whether all of the property and property owners benefited are included
within the limits of the proposed district, the county legislature may
adopt a resolution, subject to a permissive referendum, establishing the
district.

7. Notice of adoption of resolution. Within ten days after the
adoption by the county legislature of the resolution to establish the
district described in subdivision six of this section, the county
legislature shall give notice thereof, at the expense of the county, by
the publication of a notice in such newspapers and within such time
period as set forth in section one hundred one of this chapter. Such
notice shall set forth the date of adoption of the resolution and
contain an abstract of such resolution, describing, in general terms,
the district, the basis for the future assessment of all costs of
operation, maintenance and improvements, and that such resolution was
adopted subject to a permissive referendum.

8. Assessments, levies and charges. After the establishment of the
district in accordance with this section, the county is hereby
authorized by resolution approved by majority vote of the total
membership of the county legislature to assess, levy and collect upon
each lot or parcel of land within the zones of assessment established by
this section: (a) special assessments as that term is defined in
subdivision fifteen of section one hundred two of the real property tax
law; (b) special ad valorem levy as that term is defined in subdivision
fourteen of section one hundred two of the real property tax law; and
(c) sewer rents as provided by article fourteen-F of the general
municipal law. Such costs and expenses may include, but shall not be
limited to, the amount of money required to pay the annual expenses of
maintenance, operation, personnel services of the district and the sums
sufficient to pay the annual installment of principal of, and interest
on, obligations for improvements of the district. Such sums so levied
shall be collected by the local tax collectors or receivers of taxes and
assessments and shall be paid over to the chief fiscal officer of the
county, in the same manner and at the same time as taxes levied for
general county purposes. The chief fiscal officer shall keep a separate
account of such moneys and they shall be used only for purposes set
forth in this section, and in addition, all monies collected from each
zone of assessment established or amended in accordance with this
section shall be further segregated and shall not be commingled with
monies of other zones of assessment except upon approval by resolution
of the county legislature upon recommendation of the board of trustees
established in accordance with the Suffolk county water quality
restoration act. Nothing in this section shall be construed to permit
the collection of charges, rates, taxes, or assessments authorized by
this section outside of the established zones of assessment within the
unsewered portions of the district or within town or village sewer
districts.

8-a. Recording determination. The clerk of the county legislature
shall within ten days after the effective date of the resolution
creating the district cause a certified copy to be recorded in the
office of the clerk of the county and when so recorded such order shall
be presumptive evidence of the regularity of the proceedings for the
creation of the district and of all other action taken by the county
legislature pursuant to this section. A certified copy shall also be
filed in the office of the state department of audit and control in
Albany, New York.

9. Other laws. All provisions of the real property tax law and the
Suffolk county tax act, as the same may be amended from time to time,
not inconsistent with the provisions of this article, relating to the
assessing, levy and collection and enforcement of special assessments,
ad valorem levies and sewer rents in the county shall apply and be of
equal force and applicability to special assessments, ad valorem levies
and sewer rents authorized pursuant to this section. Nothing in this
section shall be construed to permit the collection of charges, rates,
taxes, or assessments authorized by this section outside of the
established zones of assessment within the unsewered portions of the
district or within town or village sewer districts.

10. Towns and villages. This section shall not be construed as merging
the sewer districts of towns and villages within the county of Suffolk
into the district created by this section, provided, however, that the
merger of any town or village sewer district, or village sewerage
system, with the district shall be upon petition of a town or village,
in accordance with section two hundred seventy-seven of this article,
and, upon the adoption of an order as set forth therein, the town or
village sewer district, or village sewerage system, if so determined by
the county legislature of Suffolk, shall be merged into and consolidated
with the district, and the boundaries of the district shall be deemed
extended.

11. Water quality restoration fund. (a) Notwithstanding any provision
of law to the contrary, the county of Suffolk shall deposit the net
collections from the sales and compensating use tax authorized by
section one thousand two hundred ten-F of the tax law into the Suffolk
county water quality restoration fund established in accordance
therewith, and shall utilize all monies transferred from the fund
consistent with this section. Nothing contained in this section shall be
construed to prevent the financing in whole or in part, pursuant to the
local finance law, of any project authorized pursuant to this section.
Monies from the fund may be utilized to repay any indebtedness or
obligations incurred pursuant to the local finance law consistent with
effectuating the purposes of this section. Where Suffolk county finances
a project, in whole, or in part, pursuant to the local finance law, the
resolution authorizing such indebtedness shall be accompanied by a
report from the county executive demonstrating how said indebtedness
will be repaid by the fund. Said report shall include an estimate of
projected revenues of the fund during the period of indebtedness. The
report shall also provide an accounting of all other indebtedness
incurred against the fund to be repaid for the same period. The county
legislature shall make findings by resolution that there will be
sufficient revenue to repay such indebtedness in its entirety from the
fund before authorizing such indebtedness. Monies in said fund may be
appropriated from or expended in any fiscal year to implement the powers
set forth in this section and to repay any indebtedness or obligations
incurred pursuant to the local finance law for the purposes authorized
pursuant to this section.

(b) (i) Water quality improvement projects shall be eligible for
funding pursuant to this section. For purposes of this section, "water
quality improvement projects" shall mean the planning, design,
construction, acquisition, enlargement, extension, or alteration of a
county, town or village wastewater treatment facility, including
individual hookups, or an individual septic system, including an
alternative wastewater treatment facility or an individual septic system
with active treatment, to treat, neutralize, stabilize, eliminate or
partially eliminate sewage or reduce pollutants, including permanent or
pilot demonstration wastewater treatment projects, or equipment or
furnishings thereof. In the case of individual septic system projects,
the funding of the operation and maintenance of such projects shall be
included in the definition of "water quality improvement projects". Such
projects shall have as their purpose the remediation of existing water
quality to meet specific water quality standards consistent with the
SWP. Projects consistent with or listed in the SWP that are part of a
plan adopted by a local government resulting in a net nitrogen reduction
shall be eligible for consideration by the board of trustees,
established in accordance with subparagraph (i) of paragraph (c) of this
subdivision.

(ii) Of the annual collections of the fund, administration of the
county wastewater management district shall not exceed ten percent. Not
less than seventy-five percent of the remaining annual funds after
administration shall be used toward funding individual septic systems
projects. In addition to water quality improvement projects, other
eligible expenditures from the fund shall include the preparation of an
annual SWP implementation action plan to protect, preserve, and
rehabilitate groundwater, surface water, and drinking water.

(iii) Other than for the payment of indebtedness or obligations
incurred as set forth in paragraph (a) of this subdivision, and except
for the preparation of the SWP implementation plan itself, no monies may
be expended until the SWP implementation plan has been prepared and
approved as provided for in this section.

(c) (i) Within the local law, ordinance or resolution establishing the
Suffolk county water quality restoration fund, pursuant to section one
thousand two hundred ten-F of the tax law, the county shall establish a
board of trustees of twenty-one members to prepare, review and approve
the SWP implementation plan for submission to the county executive and
county legislature and shall specify the powers and duties of the board
of trustees, including the procedures for appointment of a chairperson.
Such approval shall be in addition to all other approvals required by
law. The board of trustees shall consist of: (A) a representative from
the department of environmental conservation; (B) a representative from
the East End supervisors and mayors association; (C) a representative of
the Suffolk town supervisors association; (D) a representative of the
Suffolk County Village Officials Association; (E) a town representative
from the State Central Pine Barrens Joint Planning and Policy Commission
to be designated by the commission; (F) a municipal representative from
the Peconic Estuary Partnership; (G) a municipal representative from the
State South Shore Estuary Reserve; (H) a municipal representative from
the Long Island Sound Estuary; (I) a representative of the Long Island
Federation of Labor; (J) a representative of Building and Construction
Trades Council of Nassau & Suffolk counties; (K) a representative from a
regional environmental organization; (L) the chair of the Suffolk county
planning commission; (M) the county executive or designee; (N) the
presiding officer of the county legislature or designee; (O) the
minority leader of the county legislature or designee; (P) the county
department of public works commissioner or designee; (Q) the county
department of health services commissioner or designee; (R) a
representative from a regional economic development organization; (S) a
representative from the liquid waste industry; (T) a representative from
the Suffolk County Alliance of Chambers, Inc.; and (U) a representative
from the Long Island Contractors Association.

(ii) The powers and duties of the board of trustees shall oversee the
annual audit pursuant to paragraph (e) of this subdivision, making
prudent recommendations for resource allocations for county-approved
alternative wastewater treatment technologies not contemplated in the
Suffolk county subwatersheds wastewater plan and long-term progress
monitoring of the implementation of the Suffolk county subwatersheds
wastewater plan regarding achievements of nitrogen load reductions and
ecological endpoints.

(d) Annual SWP implementation plan. The board of trustees shall
prepare, review and approve and submit to the county executive the SWP
implementation plan within one year of the effective date of this
section, and in every five years thereafter in a like manner. The board
of trustees shall conduct a public hearing on said plan before its
adoption or subsequent amendment. Said plan shall list every water
quality restoration project which the county plans to undertake pursuant
to the fund and shall state how such project would improve existing
water quality. Funds may only be expended pursuant to this section for
projects which have been included in said plan. Said plan shall be
consistent with state, federal, county, and local government land use
and wastewater management plans. After submission and approval by the
county executive, such plan shall be submitted to the county
legislature. Upon review, the county legislature shall determine, by
local law, whether to approve the proposed plan, if the plan is denied,
the plan shall be remanded to the board of trustees for further study.
Such plan shall not become effective until approved by local law.
Projects may be added or removed from the currently effective SWP
implementation plan in a like manner.

(e) Annual audit. The county shall annually commission an independent
audit of the fund. The audit shall be conducted by an independent
certified public accountant or an independent public accountant. Said
audit shall be performed by a certified public accountant or an
independent public accountant other than the one that performs the
general audit of the county's finances. Such audit shall be an
examination of the fund and shall determine whether the fund has been
administered consistent with the provisions of this section and all
other applicable provisions of state law. Said audit shall be initiated
within sixty days of the close of the fiscal year of the county and
shall be completed within one hundred twenty days of the close of the
fiscal year. A copy of the audit shall be submitted annually to the
state comptroller and the county comptroller. A copy of the audit shall
be made available to the public within thirty days of its completion. A
notice of the completion of the audit shall be published in the official
newspaper of the county and shall also be posted on the internet website
for the county. The cost of the audit may be a charge to the fund.

(f) Annual report. In addition to any other report required by this
section, the board of trustees, through its chairperson, shall deliver
annually a report to the county legislature. Such report shall be
presented by May fifteenth of each year. The report shall describe in
detail the projects undertaken, the monies expended, and the
administrative activities of the water quality fund and district
established in accordance with this section, during the prior year. At
the conclusion of the report, the chairperson of the board of trustees
shall be prepared to answer the questions of the county legislature with
respect to the projects undertaken, the monies expended, and the
administrative activities during the past year.