senate Bill S318

2015-2016 Legislative Session

Enacts the New York state school taxpayers' protection act

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Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 24, 2016 print number 318a
amend and recommit to education
Jan 06, 2016 referred to education
Jan 07, 2015 referred to education

Bill Amendments

S318
S318A
S318
S318A

S318 - Bill Details

See Assembly Version of this Bill:
A104
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd Ed L, generally; add Art 4-B §§57 - 59, Exec L; amd §33, Gen Muni L; add §742, amd §740, Lab L; add §190.73, Pen L; amd §211, R & SS L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1781A, A1328A
2011-2012: S1802, A1939
2009-2010: A7280, S3567

S318 - Bill Texts

view summary

Enacts the NYS school taxpayers' protection act; requires the reporting of suspected corruption or conflicts of interest within the operation of a school district; requires the treasurer of each district to issue an annual report of all moneys received by the board and any expenditures; creates a compensation committee to oversee proposed contracts of all school district bargaining units, administrators and superintendents; creates the office of the state inspector general for education; prohibits retaliation by public school district employers where employees have made complaints of malfeasance; creates crime of defrauding a public pension plan.

view sponsor memo
BILL NUMBER: S318

TITLE OF BILL : An act to amend the education law, the executive
law, the general municipal law, the labor law, the penal law and the
retirement and social security law, in relation to enacting the "New
York state school taxpayers' protection act"

PURPOSE : Create an independent state agency, the New York state
inspector general for education, to investigate allegations of
corruption, financial improprieties, unethical misconduct or other
criminal conduct within school districts outside of New York City that
are causing waste and abuse of school taxpayers' hard-earned dollars.
Also incorporates extensive financial safeguards and sanctions for
violations of school district finance laws.

SUMMARY OF PROVISIONS :

Section 1 provides that this legislation shall be entitled the "New
York state school taxpayers' protection act".

Section 2 sets forth the legislative findings that public school
districts m the state have recently experienced numerous instances of
financial scandals and contains the legislative intent behind this
measure as seeking to curb and eventually eliminate such scandals
through creation of a New York state inspector general for education
and by establishing new school district financial safeguards with
sanctions for violations of school district finance laws.

Section 3 creates a mandatory reporting scheme for public school
district officials and employees to report any cases of suspected
corruption, other criminal activity or conflicts of interest occurring
within a school district. Any mandated reporter who willfully fails to
make such a report would be guilty of a class A misdemeanor with
possible civil liability for violations. Any mandated reporter who in
good faith participates in making a report shall have immunity from
liability.

Sections 4 and 5 shall require the treasurer of either a common school
district or union free school district, whichever is applicable, to
issue an annual report concerning all money received and disbursed by
the district with such treasurer certifying that they have reviewed
the annual report. In addition, the treasurer shall certify that based
on their knowledge, the report does not contain any untrue statement
of a material fact and the financial statements and other information
in such report fairly presents in all material respects the financial
condition of the school district.

Section 6 requires a public school district superintendent to certify
in the annual financial report that they have reviewed the annual
report. Furthermore, the superintendent shall certify that based on
their knowledge, the financial statements and other financial
information fairly presents in all material respects the financial
condition of the school district and the report does not contain any
untrue statement of a material fact.

Section 7 requires all public school districts outside of New York
City, except those with less than eight teachers, to establish a local
school district compensation committee to oversee and report on
proposed employment contracts between school districts and those
districts' bargaining units, administrators and superintendents. Only
one of the three compensation committee members is allowed to be from
a school board and no school district employees may serve on such
committee.

Section 8 mandates school districts to give notice of the availability
of proposed employment contracts or agreements at public libraries,
the school district office(s) and on the school district web site (if
one exists) at least five weeks prior to the vote on whether to
approve such contract.

Sections 9 and 10 amend the current Education Law to require annual
school district budget administrative components to contain a section
outlining all compensation and fringe benefits to which school
district teachers, administrators and superintendents are entitled
under existing employment contracts.

Section 11 and 12 provide for the annual school district budget
statement to be placed on the school district web site (if one exists)
and notice be given to the availability of such statement at public
libraries and school district offices at least thirty days prior to
any school budget vote.

Section 13 stipulates that a school district who prepared a corrective
action plan in response to any findings contained in a State
Comptroller-issued audit report shall notify residents of the
availability of such plan at public libraries, the school district
office(s) and on any existing school district web site. Failure to
comply with this requirement shall subject a school district to a
civil penalty of up to $5,000.

Section 14 would amend the Education law to prohibit any unfunded
mandate on a school district which creates a yearly net additional
cost to any school district greater than $5,000 or imposes an
aggregate yearly net additional cost to all school districts greater
than $500,000.

Section 15 establishes a new, independent office called the "Office of
the State Inspector General for Education". This office would be
charged with receiving and investigating complaints from any source,
or on its own initiative, regarding allegations of corruption,
financial improprieties, unethical conduct, misconduct or other
criminal conduct within public school districts. The Inspector General
for Education would also issue a yearly report to the Legislature,
Comptroller and the Board of Education that details the results of the
Education Inspector General's investigations and contain detailed
analysis of the current financial status of those school districts
that have been reviewed.

Section 16 amends the General Municipal Law to require the State
Comptroller to audit federal and state grant program expenditures in
all school districts, BOCES and charter schools.

Section 17 amends the General Municipal Law to require the State
Comptroller to report any final audit report findings from audits
performed on the grant program expenditures of school districts, BOCES
and charter schools to the Office of the State Inspector General for
Education.

Sections 18 and 19 amend the Labor Law to enact protections for any
public school district employee who in good faith acts as a
"whistleblower" by reporting an activity, policy or practice of a
public school district (or agent of such district) that the employee
reasonably believes constitutes fraud, criminal activity or other
malfeasance.

Section 20 amends the Penal Law to create the crime of "defrauding a
public pension plan", a class E felony, whenever a person engages in a
scheme of an ongoing course of conduct with intent to obtain a benefit
or asset, or assist a third party to obtain a benefit or asset, from a
public pension plan to which the person or the third party is not
otherwise entitled to pursuant to the restriction of Retirement and
social Security Law section 211.
Section 21 amends the Retirement and Social Security Law by expressly
providing that a retired person receiving a retirement allowance who
is employed and earning compensation in a public service position with
total compensation exceeding the applicable Retirement and Social
Security Law section 212 limit yet without having receiving the
requisite legal waiver of such limit, as well as any person who
knowingly assists another person the above mentioned conduct, is
guilty of larceny and is punishable for such as provided in the penal
law.

Section 22 amends the Retirement and Social Security Law by requiring
any public school district BOCES and college or university to report
all money earned by a retired person in their employ that exceeds the
aforementioned section 212 limit to the applicable retirement system
from whom such retired person is receiving their retirement allowance.
Additionally, a school district employing a retired person eligible to
collect, or already collecting, a retirement allowance from a
state/local school retirement system shall report on a monthly basis
to both the applicable retirement system and the New York state
inspector general for education. The report shall list the re-employed
retiree's name, date of birth, place of employment, current position
and all earnings.

Section 23 provides for this act to take effect on January 1, 2016.

EXISTING LAW : Creates a comprehensive statutory scheme for complete
review and oversight of New York State school districts' entire
financial operations with new safeguards and penalties to deter fiscal
wrongdoing, waste and abuse of any kind.

JUSTIFICATION : Although Suffolk County has recently experienced a
series of public school district financial scandals, such scandals are
not unique to Suffolk County but could occur anywhere in the state and
in fact recently did in Nassau County as well. In fact, a Suffolk
County grand jury recently issued a thorough and comprehensive set of
recommendations concerning the numerous public school financial
misdeeds that occurred in that county. The grand jury found that each
episode involved malfeasance by individuals or small groups in an
environment where strong internal financial controls in school
business offices were lacking and viewed as optional luxuries.

The bill arises out of that grand jury investigation and reflects
virtually all of the legislative recommendations made by such grand
jury. One of the most important findings made by that grand jury was
the need for a new, independent state agency charged with
investigating allegations of corruption or other financial criminal
conduct within public school districts because of the magnitude and
frequency of the financial crimes occurring in the public school
system. This measure seeks to address this by creating an office of
the Inspector General for Education and giving it broad authority to
investigate financial wrongdoing in the schools, refer cases to the
appropriate law enforcement authorities when warranted and issue
recommendations to assist school districts in avoiding such problems
in the future.

LEGISLATIVE HISTORY : 2013-14 S.1781A/A.1328A; 2011-12 S.1802;
2009-10 S.3567; 2007-08, S.2681

FISCAL IMPLICATIONS : Possibly slightly increased administrative
costs that should be offset by the reduction in illegal and fraudulent
public school district spending that should occur as a result of this
bill.

EFFECTIVE DATE : This act shall take effect January 1, 2016.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 318                                                    A. 104

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Education

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Education

AN ACT to amend the education law, the executive law, the general munic-
  ipal law, the  labor law, the penal law and the retirement and  social
  security  law,  in  relation  to  enacting  the "New York state school
  taxpayers' protection act"

  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 "New York state school taxpayers' protection act".
  S 2. Legislative findings and intent. Public school districts  in  New
York  state  have  recently  experienced numerous instances of financial
scandals. These scandals have been unprecedented in both the number  and
diversity of financial malfeasance. Furthermore, such scandals result in
the diversion of hard-earned property taxpayers' money from their proper
use  in  school instruction to improper and illegal purposes that do not
further the school districts' essential mission of  educating  New  York
children.    Therefore,  the  legislature  finds that it is necessary to
establish a new, independent state agency charged with the  function  of
investigating allegations of corruption, financial improprieties, uneth-
ical  conduct, misconduct or other criminal conduct within public school
districts outside of New York city. In addition, the legislature further
finds that the current  laws  must  be  amended  to  incorporate  school
district  financial safeguards and establish sanctions for violations of
school district finance laws.
  S 3. The education law is amended by adding a new  section  2116-d  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00717-01-5

S. 318                              2                             A. 104

  S  2116-D. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF SUSPECTED
CORRUPTION, OTHER CRIMINAL ACTIVITY OR CONFLICT  OF  INTEREST  OCCURRING
WITHIN THE OPERATIONS OF A SCHOOL DISTRICT. 1. THE FOLLOWING PERSONS AND
OFFICIALS ARE REQUIRED TO REPORT OR CAUSE A REPORT TO BE MADE IN ACCORD-
ANCE WITH THIS SECTION WHEN THEY DISCOVER INFORMATION CONCERNING CONDUCT
WHICH  IS  KNOWN  OR SHOULD REASONABLY BE KNOWN TO INVOLVE CORRUPTION OR
OTHER CRIMINAL ACTIVITY OR CONFLICT  OF  INTEREST  BY  EITHER  A  PUBLIC
SCHOOL  DISTRICT  EMPLOYEE  THAT  RELATES  TO  THEIR  EMPLOYMENT OR BY A
PERSON, PERSONS OR ENTITIES DOING BUSINESS WITH A PUBLIC SCHOOL DISTRICT
WITH RESPECT TO THEIR TRANSACTIONS WITH THE SCHOOL DISTRICT, ANY  SCHOOL
DISTRICT OFFICER, AND ANY SCHOOL DISTRICT EMPLOYEE.
  2.  ANY  PERSON  OR  OFFICIAL  MANDATED  TO  REPORT CASES OF SUSPECTED
CORRUPTION, OTHER CRIMINAL ACTIVITY OR CONFLICT OF INTEREST PURSUANT  TO
SUBDIVISION ONE OF THIS SECTION SHALL IMMEDIATELY REPORT THE INFORMATION
THEY  HAVE  TO  THE  NEW  YORK STATE INSPECTOR GENERAL FOR EDUCATION, AS
ESTABLISHED IN ARTICLE FOUR-B OF THE EXECUTIVE LAW.
  3. ANY SCHOOL  DISTRICT  WHICH  EMPLOYS  PERSONS  MANDATED  TO  REPORT
SUSPECTED  INCIDENTS  OF CORRUPTION, OTHER CRIMINAL ACTIVITY OR CONFLICT
OF INTEREST PURSUANT TO SUBDIVISION ONE OF THIS  SECTION  SHALL  PROVIDE
SUCH  CURRENT  AND NEW EMPLOYEES WITH WRITTEN INFORMATION EXPLAINING THE
REPORTING REQUIREMENTS SET OUT IN SUBDIVISION ONE OF THIS SECTION.
  4. ANY PERSON OR OFFICIAL REQUIRED BY THIS SECTION TO  REPORT  CERTAIN
INFORMATION  AS  SPECIFIED  IN THIS SECTION WHO WILLFULLY FAILS TO DO SO
SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  5. ANY PERSON OR OFFICIAL REQUIRED BY THIS SECTION TO  REPORT  CERTAIN
INFORMATION  AS  SPECIFIED  IN  THIS SECTION WHO KNOWINGLY AND WILLFULLY
FAILS TO DO SO SHALL BE  CIVILLY  LIABLE  FOR  THE  DAMAGES  PROXIMATELY
CAUSED BY SUCH FAILURE.
  6. ANY PERSON OR OFFICIAL PARTICIPATING IN GOOD FAITH IN THE MAKING OF
A  REPORT  UNDER  THIS  SECTION  SHALL HAVE IMMUNITY FROM ANY LIABILITY,
CIVIL OR CRIMINAL,  THAT  MIGHT  OTHERWISE  RESULT  BY  REASON  OF  SUCH
ACTIONS.  FOR THE PURPOSE OF ANY PROCEEDING, CIVIL OR CRIMINAL, THE GOOD
FAITH OF ANY SUCH PERSON OR  OFFICIAL  REQUIRED  TO  REPORT  UNDER  THIS
SECTION  SHALL  BE PRESUMED, PROVIDED SUCH PERSON OR OFFICIAL WAS ACTING
IN DISCHARGE OF THEIR DUTIES AND WITHIN THE SCOPE OF  THEIR  EMPLOYMENT,
AND  THAT  SUCH  LIABILITY DID NOT RESULT FROM THE WILLFUL MISCONDUCT OR
GROSS NEGLIGENCE OF SUCH PERSON OR OFFICIAL.
  S 4. Subdivision 6 of section 2122 of the education law is amended  to
read as follows:
  6.  Such treasurer shall[, whenever required by such trustees,] report
to [them] SUCH TRUSTEES a detailed  [statement]  ANNUAL  REPORT  of  the
moneys  received  by  him OR HER and of his OR HER disbursements, and at
the annual meeting of such district  he  OR  SHE  shall  render  a  full
account  of  all moneys received by him OR HER and from what source, and
when received, and all disbursements made by him OR HER and to whom  and
the  dates of such disbursements respectively, and the balance of moneys
remaining in his OR HER hands.   THE TREASURER  SHALL  CERTIFY  IN  SUCH
ANNUAL  REPORT  THAT  HE  OR SHE HAS:   REVIEWED THE ANNUAL REPORT; THAT
BASED ON THE TREASURER'S KNOWLEDGE, THE  REPORT  DOES  NOT  CONTAIN  ANY
UNTRUE  STATEMENT  OF  A  MATERIAL FACT OR OMIT TO STATE A MATERIAL FACT
NECESSARY IN ORDER TO MAKE THE STATEMENTS MADE, IN LIGHT OF THE  CIRCUM-
STANCES UNDER WHICH SUCH STATEMENTS WERE MADE, NOT MISLEADING; AND BASED
ON  SUCH  TREASURER'S  KNOWLEDGE,  THE  FINANCIAL  STATEMENTS, AND OTHER
FINANCIAL INFORMATION INCLUDED IN THE  REPORT,  FAIRLY  PRESENT  IN  ALL
MATERIAL  RESPECTS  THE FINANCIAL CONDITION AND RESULTS OF OPERATIONS OF
THE SCHOOL DISTRICT AS OF, AND FOR, THE PERIODS PRESENTED IN THE REPORT.

S. 318                              3                             A. 104

  S 5. Section 1720 of the education law is  amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  THE  TREASURER OF THE DISTRICT SHALL ISSUE AN ANNUAL REPORT WITH A
FULL AND DETAILED ACCOUNT OF ALL MONEYS RECEIVED BY THE  BOARD  OR  SUCH
TREASURER,  FOR  ITS  ACCOUNT  AND  USE,  AND OF ALL THE MONEYS EXPENDED
THEREFOR, GIVING THE ITEMS OF EXPENDITURE IN FULL. THE  TREASURER  SHALL
CERTIFY  IN  SUCH  ANNUAL REPORT THAT HE OR SHE HAS: REVIEWED THE ANNUAL
REPORT; THAT BASED ON THE TREASURER'S KNOWLEDGE,  THE  REPORT  DOES  NOT
CONTAIN ANY UNTRUE STATEMENT OF A MATERIAL FACT OR OMIT TO STATE A MATE-
RIAL  FACT  NECESSARY  IN ORDER TO MAKE THE STATEMENTS MADE, IN LIGHT OF
THE CIRCUMSTANCES UNDER WHICH SUCH STATEMENTS WERE MADE, NOT MISLEADING;
AND BASED ON SUCH TREASURER'S KNOWLEDGE, THE FINANCIAL  STATEMENTS,  AND
OTHER  FINANCIAL  INFORMATION  INCLUDED IN THE REPORT, FAIRLY PRESENT IN
ALL MATERIAL RESPECTS THE FINANCIAL CONDITION AND RESULTS OF  OPERATIONS
OF  THE  SCHOOL  DISTRICT  AS  OF, AND FOR, THE PERIODS PRESENTED IN THE
REPORT.
  S 6. Section 2215 of the education law is  amended  by  adding  a  new
subdivision 18 to read as follows:
  18.  TO CERTIFY IN THE ANNUAL REPORT ISSUED PURSUANT TO EITHER SECTION
SEVENTEEN HUNDRED TWENTY OR SECTION  TWENTY-ONE  HUNDRED  TWENTY-TWO  OF
THIS TITLE THAT HE OR SHE HAS: REVIEWED THE ANNUAL REPORT; THAT BASED ON
THE  SUPERINTENDENT'S  KNOWLEDGE, THE REPORT DOES NOT CONTAIN ANY UNTRUE
STATEMENT OF A MATERIAL FACT OR OMIT TO STATE A MATERIAL FACT  NECESSARY
IN  ORDER  TO  MAKE  THE  STATEMENTS MADE, IN LIGHT OF THE CIRCUMSTANCES
UNDER WHICH SUCH STATEMENTS WERE MADE, NOT MISLEADING; AND BASED ON SUCH
SUPERINTENDENT'S KNOWLEDGE, THE FINANCIAL STATEMENTS, AND  OTHER  FINAN-
CIAL  INFORMATION INCLUDED IN THE REPORT, FAIRLY PRESENT IN ALL MATERIAL
RESPECTS THE FINANCIAL CONDITION AND RESULTS OF OPERATIONS OF THE SCHOOL
DISTRICT AS OF, AND FOR, THE PERIODS PRESENTED IN THE REPORT.
  S 7. The education law is amended by adding a new  section  2116-e  to
read as follows:
  S  2116-E.  COMPENSATION  COMMITTEES. 1. EVERY SCHOOL DISTRICT, EXCEPT
THOSE EMPLOYING FEWER THAN EIGHT TEACHERS, SHALL ESTABLISH BY  A  RESOL-
UTION  OF  THE  TRUSTEES  OR  BOARD OF EDUCATION A LOCAL SCHOOL DISTRICT
COMPENSATION COMMITTEE TO OVERSEE AND REPORT TO THE TRUSTEES OR BOARD ON
THE PROPOSED CONTRACTS OF ALL SCHOOL DISTRICT BARGAINING UNITS, ADMINIS-
TRATORS AND SUPERINTENDENTS.
  2. THE COMPENSATION COMMITTEE SHALL BE ESTABLISHED NO LATER THAN JANU-
ARY FIRST, TWO THOUSAND SIXTEEN AS A COMMITTEE OF THE TRUSTEES OR BOARD,
AS AN ADVISORY COMMITTEE, OR AS A COMMITTEE OF THE WHOLE.
  3. THE COMPENSATION COMMITTEE SHALL CONSIST OF AT LEAST THREE MEMBERS,
AT LEAST TWO OF WHOM SHALL NOT BE A TRUSTEE OR BOARD MEMBER. THE COMPEN-
SATION COMMITTEE MEMBERS SHALL SERVE WITHOUT COMPENSATION.  EMPLOYEES OF
THE SCHOOL DISTRICT ARE PROHIBITED  FROM  SERVING  ON  THE  COMPENSATION
COMMITTEE. A MEMBER OF A COMPENSATION COMMITTEE SHALL BE DEEMED A SCHOOL
DISTRICT OFFICER FOR THE PURPOSES OF SECTIONS THIRTY-EIGHT HUNDRED ELEV-
EN  THROUGH THIRTY-EIGHT HUNDRED THIRTEEN OF THIS CHAPTER, BUT SHALL NOT
BE REQUIRED TO BE A RESIDENT OF THE SCHOOL DISTRICT.
  4. THE ROLE OF A COMPENSATION COMMITTEE  SHALL  BE  ADVISORY  AND  ANY
RECOMMENDATIONS  IT  PROVIDES TO THE TRUSTEES OR BOARD UNDER SUBDIVISION
FIVE OF THIS SECTION SHALL NOT SUBSTITUTE FOR ANY  REQUIRED  REVIEW  AND
ACTION BY THE TRUSTEES OR BOARD OF EDUCATION.
  5. IT SHALL BE THE RESPONSIBILITY OF THE COMPENSATION COMMITTEE TO:
  (A)  REVIEW  EVERY  CONTRACT  BETWEEN  THE DISTRICT AND ANY BARGAINING
UNITS, EMPLOYEES, ADMINISTRATORS AND  SUPERINTENDENTS  NEGOTIATED  AFTER
JANUARY FIRST, TWO THOUSAND SIXTEEN;

S. 318                              4                             A. 104

  (B) RECEIVE AND REVIEW PROPOSED CONTRACTS BETWEEN THE DISTRICT AND ANY
BARGAINING UNITS, EMPLOYEES, ADMINISTRATORS AND SUPERINTENDENTS PRIOR TO
SUCH CONTRACTS' APPROVAL; AND
  (C)  PROVIDE  RECOMMENDATIONS  TO  THE TRUSTEES OR BOARD REGARDING THE
SALARY, FRINGE BENEFITS  AND  OTHER  FORMS  OF  COMPENSATION  GIVEN  AND
PROPOSED  TO  BE  GIVEN TO ALL SCHOOL DISTRICT EMPLOYEES, ADMINISTRATORS
AND SUPERINTENDENTS.
  6. NOTWITHSTANDING ANY PROVISION OF ARTICLE SEVEN OF THE PUBLIC  OFFI-
CERS  LAW  OR  ANY  OTHER LAW TO THE CONTRARY, A SCHOOL DISTRICT COMPEN-
SATION COMMITTEE MAY CONDUCT AN EXECUTIVE SESSION  PURSUANT  TO  SECTION
ONE HUNDRED FIVE OF THE PUBLIC OFFICERS LAW PERTAINING TO ANY MATTER SET
FORTH IN PARAGRAPHS (A) AND (B) OF SUBDIVISION FIVE OF THIS SECTION.
  7.  THE  COMMISSIONER  IS  AUTHORIZED  TO  PROMULGATE REGULATIONS WITH
RESPECT TO COMPENSATION COMMITTEES  AS  ARE  NECESSARY  FOR  THE  PROPER
PERFORMANCE OF THEIR DUTIES.
  8.   AS LONG AS THE CHANCELLOR OF A SCHOOL DISTRICT IN A CITY HAVING A
POPULATION OF ONE MILLION OR MORE INHABITANTS SHALL ANNUALLY CERTIFY  TO
THE  COMMISSIONER  THAT  SUCH  DISTRICT  HAS  A  PROCESS FOR REVIEW BY A
COMPENSATION COMMITTEE OF THE DISTRICT'S CONTRACTS WITH  ANY  BARGAINING
UNITS,  EMPLOYEES, ADMINISTRATORS AND SUPERINTENDENTS, THE PROVISIONS OF
THIS SECTION SHALL NOT APPLY TO SUCH SCHOOL DISTRICT.
  S 8. The education law is amended by adding a new  section  2009-a  to
read as follows:
  S  2009-A. ADDITIONAL REQUIREMENTS OF NOTICE PRIOR TO AUTHORIZATION OF
SCHOOL DISTRICT EMPLOYMENT CONTRACTS. WHERE  ANY  COLLECTIVE  BARGAINING
AGREEMENT,  EMPLOYMENT  CONTRACT  OR  AMENDMENTS  TO  SUCH  AGREEMENT OR
CONTRACT IS TO BE SUBMITTED TO A DISTRICT MEETING FOR A VOTE, THE SCHOOL
DISTRICT BOARD OR TRUSTEES SHALL GIVE NOTICE, AT LEAST FIVE WEEKS  PRIOR
TO  SUCH MEETING, THROUGH A DISTRICT-WIDE MAILING OF THE AVAILABILITY OF
THE AGREEMENT, CONTRACT OR AMENDMENT  AT  PUBLIC  LIBRARIES  WITHIN  THE
DISTRICT,  AT  THE  SCHOOL DISTRICT OFFICES AND ON THE SCHOOL DISTRICT'S
INTERNET WEBSITE, IF ONE EXISTS.
  S 9. Subdivision 4 of section 1608 of the education law, as amended by
chapter 640 of the laws of 2008, is amended to read as follows:
  4. Commencing with the proposed budget for the nineteen hundred  nine-
ty-eight--ninety-nine   school  year,  such  proposed  budget  shall  be
presented in three components: a program component, a capital  component
and  an administrative component which shall be separately delineated in
accordance with regulations of the commissioner after consultation  with
local  school  district  officials.  The  administrative component shall
include, but need not be limited to, office and  central  administrative
expenses, traveling expenses and all compensation, salaries and benefits
of  all school administrators and supervisors, including business admin-
istrators, superintendents of schools and deputy,  assistant,  associate
or  other  superintendents  under  all  existing employment contracts or
collective bargaining agreements, AND TEACHERS UNDER EXISTING EMPLOYMENT
CONTRACTS, any and all expenditures associated with the operation of the
office of trustee or board of trustees, the office of the superintendent
of schools, general administration, the school business office, consult-
ing costs not directly related to direct student services and  programs,
planning  and all other administrative activities. The program component
shall include, but need not be limited to, all program  expenditures  of
the school district, including the salaries and benefits of teachers and
any  school  administrators or supervisors who spend a majority of their
time  performing  teaching  duties,  and  all  transportation  operating
expenses.   The capital component shall include, but need not be limited

S. 318                              5                             A. 104

to, all transportation capital, debt service,  and  lease  expenditures;
costs  resulting  from  judgments  in  tax certiorari proceedings or the
payment of awards from court judgments, administrative orders or settled
or  compromised claims; and all facilities costs of the school district,
including facilities lease expenditures, the  annual  debt  service  and
total  debt for all facilities financed by bonds and notes of the school
district, and the costs of  construction,  acquisition,  reconstruction,
rehabilitation  or  improvement  of school buildings, provided that such
budget shall include a rental, operations and maintenance  section  that
includes  base  rent  costs, total rent costs, operation and maintenance
charges, cost per square foot for each facility  leased  by  the  school
district,  and  any and all expenditures associated with custodial sala-
ries and benefits, service contracts, supplies, utilities,  and  mainte-
nance and repairs of school facilities. For the purposes of the develop-
ment  of  a  budget  for  the nineteen hundred ninety-eight--ninety-nine
school year, the  trustee  or  board  of  trustees  shall  separate  the
district's  program,  capital  and administrative costs for the nineteen
hundred ninety-seven--ninety-eight school year in the manner as  if  the
budget for such year had been presented in three components.
  S  10.  Subdivision 4 of section 1716 of the education law, as amended
by chapter 640 of the laws of 2008, is amended to read as follows:
  4. Commencing with the proposed budget for the nineteen hundred  nine-
ty-eight--ninety-nine   school  year,  such  proposed  budget  shall  be
presented in three components: a program component, a capital  component
and  an administrative component which shall be separately delineated in
accordance with regulations of the commissioner after consultation  with
local  school  district  officials.  The  administrative component shall
include, but need not be limited to, office and  central  administrative
expenses, traveling expenses and all compensation, salaries and benefits
of  all school administrators and supervisors, including business admin-
istrators, superintendents of schools and deputy,  assistant,  associate
or  other  superintendents  under  all  existing employment contracts or
collective bargaining agreements, AND TEACHERS UNDER EXISTING EMPLOYMENT
CONTRACTS, any and all expenditures associated with the operation of the
board of education, the office of the superintendent of schools, general
administration, the school business office, consulting costs not direct-
ly related to direct student services and  programs,  planning  and  all
other  administrative activities.   The program component shall include,
but need not be limited to,  all  program  expenditures  of  the  school
district, including the salaries and benefits of teachers and any school
administrators  or  supervisors  who  spend  a  majority  of  their time
performing teaching duties, and all transportation  operating  expenses.
The  capital  component  shall  include, but need not be limited to, all
transportation capital, debt  service,  and  lease  expenditures;  costs
resulting from judgments in tax certiorari proceedings or the payment of
awards from court judgments, administrative orders or settled or compro-
mised claims; and all facilities costs of the school district, including
facilities  lease  expenditures,  the annual debt service and total debt
for all facilities financed by bonds and notes of the  school  district,
and  the  costs  of construction, acquisition, reconstruction, rehabili-
tation or improvement of school buildings,  provided  that  such  budget
shall include a rental, operations and maintenance section that includes
base  rent  costs,  total rent costs, operation and maintenance charges,
cost per square foot for each facility leased by  the  school  district,
and  any  and  all  expenditures  associated with custodial salaries and
benefits, service contracts, supplies, utilities,  and  maintenance  and

S. 318                              6                             A. 104

repairs  of  school facilities. For the purposes of the development of a
budget for the nineteen hundred ninety-eight--ninety-nine  school  year,
the  board  of  education shall separate the district's program, capital
and  administrative costs for the nineteen hundred ninety-seven--ninety-
eight school year in the manner as if the budget for such year had  been
presented in three components.
  S  11.  Subdivision 2 of section 1608 of the education law, as amended
by chapter 640 of the laws of 2008, is amended to read as follows:
  2. Such statement shall be completed at least seven  days  before  the
budget  hearing  at which it is to be presented and copies thereof shall
be prepared and  made  available[,  upon  request  and]  at  the  school
district  offices,  at  any  public  library or free association library
within the district and on the school district's  internet  website,  if
one exists, to residents within the district during the period of [four-
teen]  THIRTY days immediately preceding the annual meeting and election
or special district meeting at which the budget vote will occur  and  at
such  meeting  or  hearing. The board shall also as a part of the notice
required by section two thousand three  of  this  [chapter]  TITLE  give
notice of the date, time and place of the budget hearing and that a copy
of  such  statement  may  be obtained by any resident in the district at
each schoolhouse in the district in which school  is  maintained  during
certain  designated  hours  on each day other than a Saturday, Sunday or
holiday during the [fourteen] THIRTY  days  immediately  preceding  such
meeting.  The  board  shall  include  notice of the availability of such
statement at least once during the  school  year  in  any  district-wide
mailing distributed.
  S  12.  Subdivision 2 of section 1716 of the education law, as amended
by chapter 640 of the laws of 2008, is amended to read as follows:
  2. Such statement shall be completed at least seven  days  before  the
budget  hearing  at which it is to be presented and copies thereof shall
be prepared and  made  available[,  upon  request  and]  at  the  school
district  offices,  at  any  public  library or free association library
within the district and on the school district's  internet  website,  if
one exists, to residents within the district during the period of [four-
teen]  THIRTY days immediately preceding the annual meeting and election
or special district meeting at which the budget vote will occur  and  at
such  meeting  or  hearing. The board shall also as a part of the notice
required by section two thousand  four  of  this  [chapter]  TITLE  give
notice of the date, time and place of the budget hearing and that a copy
of  such  statement  may  be obtained by any resident in the district at
each schoolhouse in the district in which school  is  maintained  during
certain  designated  hours  on each day other than a Saturday, Sunday or
holiday during the [fourteen] THIRTY  days  immediately  preceding  such
meeting.  The  board  shall  include  notice of the availability of such
statement at least once during the  school  year  in  any  district-wide
mailing distributed.
  S  13.  Paragraph (c) of subdivision 3 of section 2116-a of the educa-
tion law, as added by chapter 263 of the laws of  2005,  is  amended  to
read as follows:
  (c)  Notwithstanding  the  provisions of subparagraph one of paragraph
(b) of subdivision four of section thirty-five of the general  municipal
law,  each school district shall (i) prepare a corrective action plan in
response to any findings contained in the annual external  audit  report
or  management  letter,  or  any  final audit report issued by the state
comptroller, within ninety days of receipt of such report or letter, and
(ii) to the extent practicable, begin implementation of such  corrective

S. 318                              7                             A. 104

action  plan no later than the end of the next fiscal year.  EACH SCHOOL
DISTRICT SHALL NOTIFY THE DISTRICT RESIDENTS OF THE AVAILABILITY OF  THE
CORRECTIVE  ACTION  PLAN AT PUBLIC LIBRARIES WITHIN THE DISTRICT, AT THE
SCHOOL  DISTRICT  OFFICES AND ON THE SCHOOL DISTRICT'S INTERNET WEBSITE,
IF ONE EXISTS. ANY SCHOOL  DISTRICT  WHICH  FAILS  TO  COMPLY  WITH  THE
REQUIRED  NOTIFICATION  OF  AVAILABILITY  OF  THE CORRECTIVE ACTION PLAN
SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND  DOLLARS
UPON AN ADMINISTRATIVE DETERMINATION BY THE COMMISSIONER.
  S  14.  The education law is amended by adding a new section 1527-a to
read as follows:
  S 1527-A. FUNDING OF MANDATES IMPOSED ON SCHOOL DISTRICTS. 1.    DEFI-
NITIONS.  AS  USED  IN  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS UNLESS THE CONTEXT SHALL OTHERWISE REQUIRE:
  (A) "MANDATE" SHALL MEAN:
  (I) ANY STATE LAW, RULE OR REGULATION WHICH CREATES A NEW  PROGRAM  OR
REQUIRES  A  HIGHER  LEVEL  OF  SERVICE  FOR AN EXISTING PROGRAM WHICH A
SCHOOL DISTRICT ORGANIZED EITHER BY SPECIAL  LAWS  OR  PURSUANT  TO  THE
PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE; OR
  (II)  ANY  GENERAL  LAW  WHICH  GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY  TAX  EXEMPTION  WHICH  ANY  SUCH  SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:
  (I)  ANY  STATE LAW, RULE OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER  LEVEL OF SERVICE FOR AN EXISTING  PROGRAM  WHICH  ANY
SUCH  SCHOOL  DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET
ADDITIONAL COST TO SUCH SCHOOL DISTRICT;
  (II) ANY ALTERATION IN FUNDING PROVIDED TO ANY  SUCH  SCHOOL  DISTRICT
FOR THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED
TO  PROVIDE,  THEREBY  RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL
DISTRICT; OR
  (III) ANY GENERAL LAW WHICH GRANTS A NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN  EXISTING  PROPERTY  TAX  EXEMPTION  WHICH ANY SUCH SCHOOL
DISTRICT IS REQUIRED TO PROVIDE, THEREBY RESULTING IN A  NET  ADDITIONAL
COST TO SUCH SCHOOL DISTRICT.
  (C)  "NET  ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL  DISTRICT  IN
PERFORMING  OR  ADMINISTERING  A MANDATE AFTER SUBTRACTING THEREFROM ANY
REVENUES RECEIVED OR RECEIVABLE BY THE SCHOOL DISTRICT ON ACCOUNT OF THE
MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
  (II) STATE OR  FEDERAL  AID  PAID  SPECIFICALLY  OR  CATEGORICALLY  IN
CONNECTION WITH THE  PROGRAM OR SERVICE; AND
  (III)  AN  OFFSETTING  SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR  SERVICE  DIRECTLY  ATTRIBUTABLE  TO  THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
  2.  FUNDING  OF  SCHOOL  DISTRICT  MANDATES. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, NO  UNFUNDED MANDATE SHALL BE ENACTED WHICH CREATES AN
ANNUAL NET ADDITIONAL COST TO ANY   SCHOOL DISTRICT IN  EXCESS  OF  FIVE
THOUSAND  DOLLARS  OR  AN  AGGREGATE ANNUAL NET ADDITIONAL   COST TO ALL
SCHOOL DISTRICTS IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS.
  3. EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES  REQUIREMENT.
(A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR EXPANDED PROGRAMS
FOR  SCHOOL  DISTRICTS IF: (I) THE  MANDATE IS REQUIRED BY A COURT ORDER
OR JUDGMENT; (II) THE MANDATE IS PROVIDED AT THE  OPTION OF  THE  SCHOOL
DISTRICT  UNDER  A  LAW,  REGULATION,  RULE, OR ORDER THAT IS PERMISSIVE
RATHER THAN MANDATORY; (III) THE MANDATE RESULTS FROM THE PASSAGE  OF  A

S. 318                              8                             A. 104

HOME  RULE  MESSAGE    WHEREBY  A  SCHOOL DISTRICT REQUESTS AUTHORITY TO
IMPLEMENT THE PROGRAM OR SERVICE   SPECIFIED IN  THE  STATUTE,  AND  THE
STATUTE  IMPOSES COSTS ONLY UPON THAT SCHOOL DISTRICT WHICH REQUESTS THE
AUTHORITY TO IMPOSE THE PROGRAM OR SERVICE; (IV) THE MANDATE IS REQUIRED
BY, OR ARISES FROM, AN EXECUTIVE ORDER OF THE GOVERNOR EXERCISING HIS OR
HER EMERGENCY POWERS; OR (V) THE MANDATE IS REQUIRED BY STATUTE OR EXEC-
UTIVE ORDER THAT IMPLEMENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM
COSTS MANDATED BY THE FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL,
UNLESS THE STATUTE OR EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED  THE
COSTS MANDATED BY THE FEDERAL GOVERNMENT.
  (B)  EACH  ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE  IMPOSED ON SCHOOL DISTRICTS SHALL BE  CONSIST-
ENT WITH THE NEEDS OF THE STATE AND SCHOOL DISTRICTS TO PLAN IMPLEMENTA-
TION  THEREOF,  AND  ALSO  CONSISTENT  WITH THE AVAILABILITY OF REQUIRED
FUNDS.
  S 15. The executive law is amended by adding a new article 4-B to read
as follows:
                                ARTICLE 4-B
           OFFICE OF THE STATE INSPECTOR GENERAL FOR EDUCATION

SECTION 57. ESTABLISHMENT AND ORGANIZATION.
        58. FUNCTIONS AND DUTIES.
        59. POWERS.
  S 57. ESTABLISHMENT AND ORGANIZATION.  1. THERE IS HEREBY  ESTABLISHED
THE OFFICE OF THE STATE INSPECTOR GENERAL FOR EDUCATION. THE HEAD OF THE
OFFICE  SHALL BE THE EDUCATION INSPECTOR GENERAL, WHO SHALL BE APPOINTED
BY THE BOARD OF THE  OFFICE OF THE STATE INSPECTOR  GENERAL  FOR  EDUCA-
TION.  SUCH  OFFICE  SHALL BE INDEPENDENT OF THE DEPARTMENT OF EDUCATION
AND OF ANY OTHER OFFICE, AGENCY, BOARD OR COMMISSION OF THE STATE OR ANY
OF ITS POLITICAL SUBDIVISIONS.
  2. THE EDUCATION INSPECTOR GENERAL MAY EMPLOY AND  AT  THEIR  PLEASURE
REMOVE SUCH PERSONNEL AS  THEY DEEM NECESSARY FOR THE PERFORMANCE OF THE
OFFICE, AND MAY FIX THEIR COMPENSATION WITH AMOUNTS AVAILABLE THEREFOR.
  3.  THERE  IS  HEREBY ESTABLISHED THE BOARD OF THE OFFICE OF THE STATE
INSPECTOR GENERAL FOR EDUCATION WHICH SHALL CONSIST OF  ELEVEN  MEMBERS,
AND  SHALL HAVE AND EXERCISE THE POWERS AND DUTIES OF THE  OFFICE OF THE
STATE INSPECTOR GENERAL FOR EDUCATION.
  4. THE BOARD MEMBERS SHALL BE APPOINTED AS FOLLOWS:
  (A) THREE MEMBERS SHALL BE APPOINTED BY  THE  GOVERNOR,  ONE  OF  WHOM
SHALL BE DESIGNATED BY THE  GOVERNOR AS THE CHAIR OF THE BOARD;
  (B) THREE MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
  (C) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (D) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY; AND
  (E)  ONE  MEMBER  SHALL  BE  APPOINTED  BY  THE MINORITY LEADER OF THE
SENATE.
  5. THE BOARD MEMBERS SHALL SERVE FOR TERMS OF FIVE YEARS.
  6. THE CHAIR OF THE BOARD OR ANY FIVE MEMBERS THEREOF MAY CALL A MEET-
ING OF THE BOARD.
  7. ANY VACANCY OCCURRING ON THE BOARD SHALL  BE  FILLED  WITHIN  SIXTY
DAYS  OF ITS OCCURRENCE, IN THE  SAME MANNER AS THE MEMBER WHOSE VACANCY
IS BEING FILLED WAS APPOINTED. A PERSON APPOINTED   TO  FILL  A  VACANCY
OCCURRING  OTHER  THAN  BY  EXPIRATION  OF  A  TERM  OF  OFFICE SHALL BE
APPOINTED FOR THE  UNEXPIRED TERM OF THE MEMBER HE OR SHE SUCCEEDS.

S. 318                              9                             A. 104

  8. SIX MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM  AND  THE  BOARD
SHALL  HAVE  THE  POWER  TO  ACT BY MAJORITY VOTE OF THE TOTAL NUMBER OF
MEMBERS OF THE BOARD WITHOUT VACANCY.
  9. THE BOARD MEMBERS SHALL NOT RECEIVE COMPENSATION BUT SHALL BE REIM-
BURSED  FOR  REASONABLE  EXPENSES  INCURRED  IN THE PERFORMANCE OF THEIR
OFFICIAL DUTIES.
  10. THE BOARD SHALL APPOINT AN EDUCATION INSPECTOR GENERAL  WHO  SHALL
PERFORM  THE  POWERS  AND  DUTIES  SET FORTH IN SECTIONS FIFTY-EIGHT AND
FIFTY-NINE OF THIS ARTICLE, AND WHO SHALL SERVE FOR  A  TERM    OF  FIVE
YEARS AND MAY ONLY BE DISMISSED FOR CAUSE OR BY A THREE-QUARTERS VOTE OF
THE  BOARD. THE  BOARD MAY FIX THE COMPENSATION OF THE EDUCATION INSPEC-
TOR GENERAL.
  11. NO BOARD MEMBER, NOR THE EDUCATION INSPECTOR GENERAL,  SHALL  HOLD
ANY  ELECTED  PUBLIC  OFFICE OR OFFICE IN ANY POLITICAL PARTY, NOR SHALL
ANY MEMBER BE AN EMPLOYEE OF OR UNDER THE SUPERVISION OF ANY PERSON  WHO
HOLDS  SUCH  ELECTED  PUBLIC  OFFICE  OR OFFICE OF A POLITICAL PARTY. NO
MEMBER OF THE  BOARD SHALL SERVE IN ANY PUBLIC OR POLITICAL OFFICE WITH-
IN FIVE YEARS OF THE MEMBER'S PERIOD OF SERVICE.
  12. THE EDUCATION INSPECTOR GENERAL SHALL, PRIOR TO THEIR APPOINTMENT,
HAVE HAD AT LEAST TEN YEARS EXPERIENCE IN AUDITING OR LAW ENFORCEMENT OR
INVESTIGATION, OR IN PROSECUTING OR AIDING IN THE PROSECUTION OF FRAUD.
  13. MEMBERS OF THE BOARD SHALL, PRIOR TO THEIR APPOINTMENT,  HAVE  HAD
AT  LEAST THREE YEARS EXPERIENCE IN AUDITING OR INVESTIGATION OF GOVERN-
MENTAL OR SCHOOL DISTRICT OPERATIONS, OR IN THE  PRACTICE  OF  LAW,  LAW
ENFORCEMENT  OR  IN  SERVICES  RELATED  TO DEVELOPMENT AND MANAGEMENT OF
INFORMATION TECHNOLOGY OR DATABASE CREATION AND MAINTENANCE.
  S 58. FUNCTIONS AND DUTIES.   THE EDUCATION  INSPECTOR  GENERAL  SHALL
HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:
  1.  TO RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON HIS
OR HER OWN INITIATIVE, CONCERNING ALLEGATIONS OF  CORRUPTION,  FINANCIAL
IMPROPRIETIES,  UNETHICAL  CONDUCT, MISCONDUCT OR OTHER CRIMINAL CONDUCT
WITHIN PUBLIC SCHOOL DISTRICTS OUTSIDE OF A CITY WITH  A  POPULATION  OF
ONE MILLION OR MORE;
  2.  TO  INVESTIGATE AND REPORT ON CORRUPTION AND OTHER CRIMINAL ACTIV-
ITY, SCHOOL BOARD ELECTION FRAUD,  BIDDING IRREGULARITIES AND  CONFLICTS
OF INTEREST BY PUBLIC SCHOOL DISTRICT EMPLOYEES WHOSE ACTIONS  RELATE TO
THEIR  EMPLOYMENT,  PERSONS  OR  ENTITIES  DOING  BUSINESS WITH A PUBLIC
SCHOOL DISTRICT CONCERNING THEIR TRANSACTIONS WITH THE SCHOOL  DISTRICT,
AND SCHOOL BOARD MEMBERS WHOSE ACTIONS  RELATE TO THEIR OFFICE;
  3.  TO DETERMINE WITH RESPECT TO SUCH ALLEGATIONS WHETHER DISCIPLINARY
ACTION, CIVIL OR CRIMINAL  PROSECUTION, OR FURTHER INVESTIGATION  BY  AN
APPROPRIATE  FEDERAL,  STATE OR LOCAL AGENCY IS WARRANTED, AND TO ASSIST
IN SUCH INVESTIGATIONS;
  4. TO REVIEW AND EXAMINE PERIODICALLY THE POLICIES AND  PROCEDURES  OF
PUBLIC  SCHOOL  DISTRICTS WITH REGARD TO THE PREVENTION AND DETECTION OF
CORRUPTION, FINANCIAL IMPROPRIETIES,  UNETHICAL  CONDUCT,    MISCONDUCT,
OTHER CRIMINAL CONDUCT, SCHOOL BOARD ELECTION FRAUD, BIDDING IRREGULARI-
TIES AND CONFLICTS OF INTEREST OR ABUSE;
  5.  TO  RECOMMEND  REMEDIAL ACTION TO PREVENT OR ELIMINATE CORRUPTION,
FINANCIAL IMPROPRIETIES, UNETHICAL CONDUCT, MISCONDUCT,  OTHER  CRIMINAL
CONDUCT,  SCHOOL BOARD ELECTION FRAUD, BIDDING IRREGULARITIES, CONFLICTS
OF INTEREST OR ABUSE BY PUBLIC SCHOOL DISTRICT OFFICIALS AND EMPLOYEES;
  6. TO ESTABLISH PROGRAMS FOR  TRAINING  PUBLIC  SCHOOL  OFFICIALS  AND
EMPLOYEES REGARDING THE PREVENTION AND ELIMINATION OF CORRUPTION, FINAN-
CIAL   IMPROPRIETIES,  UNETHICAL  CONDUCT,  MISCONDUCT,  OTHER  CRIMINAL

S. 318                             10                             A. 104

CONDUCT,  SCHOOL  BOARD  ELECTION  FRAUD,  BIDDING  IRREGULARITIES   AND
CONFLICTS OF INTEREST OR ABUSE;
  7. TO PREPARE AN ANNUAL REPORT THAT PROVIDES THE RESULTS OF THE EDUCA-
TION  INSPECTOR  GENERAL'S FINDINGS   WITH RESPECT TO ALL INVESTIGATIONS
AND DETAILED ANALYSIS OF THE CURRENT FINANCIAL STATUS  OF  THOSE  SCHOOL
DISTRICTS THAT HAVE BEEN REVIEWED;
  8.  TO  INCLUDE  IN  SUCH  REPORT ANY FINDINGS REGARDING THE FINANCIAL
PRACTICES OF THE SCHOOL DISTRICT THAT THE  EDUCATION  INSPECTOR  GENERAL
BELIEVES  VIOLATED,  OR  COULD POTENTIALLY VIOLATE, EXISTING STATE RULES
OR REGULATIONS OR MAY BE OF CONCERN IN  THAT  INCOMPETENCE  OR  LACK  OF
TRAINING MAY RESULT IN  FINANCIAL PRACTICES THAT VIOLATE STATE RULES AND
REGULATIONS;
  9.  TO  ISSUE  THE  REPORT TO THE LEGISLATURE, THE COMPTROLLER AND THE
DEPARTMENT OF EDUCATION WITH EACH  ANNUAL  REPORT  POSTED  ON  A  PUBLIC
INTERNET WEBSITE FOR AT LEAST FIVE YEARS FROM THE DATE OF ISSUANCE.
  S  59.  POWERS.   THE EDUCATION INSPECTOR GENERAL SHALL HAVE THE POWER
TO:
  1. SUBPOENA AND ENFORCE THE ATTENDANCE  OF  WITNESSES,  INCLUDING  THE
POWER  TO  SUBPOENA DOCUMENTS AND RECORDS NECESSARY TO ANY INVESTIGATION
FROM ANY PUBLIC SCHOOL DISTRICT OUTSIDE OF A CITY WITH A  POPULATION  OF
ONE  MILLION  OR  MORE AND FROM VENDORS WHO DO BUSINESS WITH SUCH PUBLIC
SCHOOL DISTRICTS;
  2. ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;
  3. REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED  RELEVANT  OR
MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
  4. NOTWITHSTANDING ANY LAW TO THE CONTRARY, EXAMINE AND COPY OR REMOVE
DOCUMENTS  OR  RECORDS  OF  ANY KIND PREPARED, MAINTAINED OR HELD BY ANY
PUBLIC SCHOOL DISTRICT COVERED BY THIS ARTICLE;
  5. REQUIRE ANY PUBLIC SCHOOL DISTRICT  EMPLOYEE  TO  ANSWER  QUESTIONS
CONCERNING  ANY MATTER RELATED TO THE PERFORMANCE OF HIS OR HER OFFICIAL
DUTIES. NO STATEMENT OR OTHER EVIDENCE DERIVED  THEREFROM  MAY  BE  USED
AGAINST  SUCH OFFICER OR EMPLOYEE IN ANY SUBSEQUENT CRIMINAL PROSECUTION
OTHER THAN FOR PERJURY OR CONTEMPT  ARISING  FROM  SUCH  TESTIMONY.  THE
REFUSAL  OF  ANY  OFFICER OR EMPLOYEE TO ANSWER QUESTIONS SHALL BE CAUSE
FOR REMOVAL FROM OFFICE OR EMPLOYMENT OR OTHER APPROPRIATE PENALTY;
  6. MONITOR THE IMPLEMENTATION BY PUBLIC SCHOOL DISTRICTS OF ANY RECOM-
MENDATIONS MADE BY THE EDUCATION INSPECTOR GENERAL;
  7. PERFORM ANY OTHER FUNCTIONS THAT ARE NECESSARY  OR  APPROPRIATE  TO
FULFILL THE DUTIES AND RESPONSIBILITIES OF THE OFFICE.
  S 16. Subparagraphs 2 and 3 of paragraph b of subdivision 2 of section
33  of  the general municipal law, as amended by section 24 of subpart F
of part C of chapter 97 of the laws of  2011,  are  amended  and  a  new
subparagraph 4 is added to read as follows:
  (2)  assessing  the  current  financial practices of school districts,
BOCES and charter schools to ensure that they are consistent with estab-
lished standards, including whether any  school  district  that  uses  a
risk-based  or  sampling methodology to determine which claims are to be
audited in lieu of auditing all claims has adopted  a  methodology  that
provides  reasonable  assurance  that  all the claims represented in the
sample are proper charges against the school district; [and]
  (3) determining that school  districts,  BOCES,  and  charter  schools
provide  for  adequate  protections against any fraud, theft, or profes-
sional misconduct[.]; AND
  (4) AUDITING FEDERAL AND  STATE  GRANT  PROGRAM  EXPENDITURES  IN  ALL
SCHOOL DISTRICTS, BOCES AND CHARTER SCHOOLS.

S. 318                             11                             A. 104

  S 17. Paragraph d of subdivision 2 of section 33 of the general munic-
ipal  law,  as  added  by chapter 267 of the laws of 2005, is amended to
read as follows:
  d.  The office of the state comptroller shall upon making a finding of
misconduct refer any findings of fraud, abuse or other  conduct  consti-
tuting  a  crime  that  are  uncovered during the course of an audit, as
appropriate, to the  commissioner  of  education,  THE  NEW  YORK  STATE
INSPECTOR GENERAL FOR EDUCATION, the charter entity, the attorney gener-
al,  United States attorney or district attorney having jurisdiction for
appropriate action, together with any documents supporting the auditors'
findings.
  S 18. The labor law is amended by adding a new section 742 to read  as
follows:
  S  742.  PROHIBITION;  PUBLIC  SCHOOL  DISTRICT EMPLOYER WHO PENALIZES
EMPLOYEES BECAUSE OF COMPLAINTS  OF  EMPLOYER  MALFEASANCE.  1.    DEFI-
NITIONS.  AS  USED  IN  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "EMPLOYEE" MEANS ANY PERSON WHO PERFORMS SERVICES  FOR  AND  UNDER
THE  CONTROL  AND DIRECTION   OF ANY PUBLIC SCHOOL DISTRICT OUTSIDE OF A
CITY WITH A POPULATION OF ONE MILLION OR MORE FOR WAGES  OR OTHER REMUN-
ERATION.
  (B) "EMPLOYER" MEANS ANY PUBLIC SCHOOL DISTRICT OUTSIDE OF A CITY WITH
A POPULATION OF ONE  MILLION OR MORE.
  (C) "AGENT" MEANS ANY  INDIVIDUAL,  PARTNERSHIP,  ASSOCIATION,  CORPO-
RATION, OR GROUP OF PERSONS  ACTING ON BEHALF OF AN EMPLOYER.
  (D) "PUBLIC BODY" MEANS:
  (1)  THE UNITED STATES CONGRESS, ANY STATE LEGISLATURE, OR ANY ELECTED
LOCAL GOVERNMENTAL BODY, OR ANY MEMBER OR EMPLOYEE THEREOF;
  (2) THE NEW YORK STATE INSPECTOR GENERAL FOR EDUCATION;
  (3) THE STATE COMPTROLLER;
  (4) THE ATTORNEY GENERAL;
  (5) ANY FEDERAL, STATE OR LOCAL REGULATORY, ADMINISTRATIVE  OR  PUBLIC
AGENCY OR AUTHORITY, OR INSTRUMENTALITY THEREOF;
  (6)  ANY FEDERAL, STATE OR LOCAL LAW ENFORCEMENT AGENCY, PROSECUTORIAL
OFFICE, OR POLICE OR PEACE  OFFICER;
  (7) ANY FEDERAL, STATE OR LOCAL DEPARTMENT OF AN EXECUTIVE  BRANCH  OF
GOVERNMENT; OR
  (8)  ANY  DIVISION,  BOARD, BUREAU, OFFICE, COMMITTEE OR COMMISSION OF
ANY OF THE PUBLIC BODIES   DESCRIBED IN SUBPARAGRAPH  ONE,  TWO,  THREE,
FOUR, FIVE, SIX OR SEVEN OF THIS PARAGRAPH.
  (E)  "RETALIATORY  ACTION"  MEANS THE DISCHARGE, SUSPENSION, DEMOTION,
PENALIZATION OR DISCRIMINATION AGAINST AN  EMPLOYEE,  OR  OTHER  ADVERSE
EMPLOYMENT  ACTION TAKEN AGAINST AN EMPLOYEE IN THE TERMS AND CONDITIONS
OF EMPLOYMENT.
  (F) "SUPERVISOR" MEANS ANY PERSON WITHIN  AN  EMPLOYER'S  ORGANIZATION
WHO  HAS THE AUTHORITY TO  DIRECT AND CONTROL THE WORK PERFORMANCE OF AN
EMPLOYEE, OR WHO HAS THE AUTHORITY TO TAKE CORRECTIVE  ACTION  REGARDING
FRAUD,  CRIMINAL  ACTIVITY  OR  OTHER  MALFEASANCE  TO WHICH AN EMPLOYEE
SUBMITS A COMPLAINT.
  2. RETALIATORY ACTION PROHIBITED. NOTWITHSTANDING ANY OTHER  PROVISION
OF  LAW, NO EMPLOYER SHALL  TAKE RETALIATORY ACTION AGAINST ANY EMPLOYEE
BECAUSE THE EMPLOYEE DOES ANY OF THE FOLLOWING:
  (A) DISCLOSES OR THREATENS TO DISCLOSE TO A SUPERVISOR, OR TO A PUBLIC
BODY AN ACTIVITY, POLICY OR PRACTICE OF THE EMPLOYER OR AGENT  THAT  THE
EMPLOYEE,  IN GOOD FAITH, REASONABLY BELIEVES  CONSTITUTES FRAUD, CRIMI-
NAL ACTIVITY OR OTHER MALFEASANCE; OR

S. 318                             12                             A. 104

  (B) OBJECTS TO, OR REFUSES TO PARTICIPATE IN ANY ACTIVITY,  POLICY  OR
PRACTICE  OF  THE  EMPLOYER  OR  AGENT THAT THE EMPLOYEE, IN GOOD FAITH,
REASONABLY  BELIEVES  CONSTITUTES  FRAUD,  CRIMINAL  ACTIVITY  OR  OTHER
MALFEASANCE.
  3.  ENFORCEMENT.  AN  EMPLOYEE  MAY  SEEK  ENFORCEMENT OF THIS SECTION
PURSUANT TO PARAGRAPH (E) OF SUBDIVISION FOUR OF SECTION  SEVEN  HUNDRED
FORTY OF THIS ARTICLE.
  4.  RELIEF.  IN  ANY  COURT ACTION BROUGHT PURSUANT TO THIS SECTION IT
SHALL BE A DEFENSE THAT THE PERSONNEL ACTION WAS PREDICATED UPON GROUNDS
OTHER THAN THE EMPLOYEE'S EXERCISE OF ANY  RIGHTS    PROTECTED  BY  THIS
SECTION.
  S  19.  Subdivision  4  of  section 740 of the labor law is amended by
adding a new paragraph (e) to read as follows:
  (E) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A) AND (C)  OF  THIS
SUBDIVISION,  AN  EMPLOYEE  WHO  HAS  BEEN  THE SUBJECT OF A RETALIATORY
ACTION BY AN EMPLOYER IN VIOLATION OF SECTION SEVEN HUNDRED FORTY-TWO OF
THIS ARTICLE MAY INSTITUTE A CIVIL ACTION IN A COURT OF COMPETENT JURIS-
DICTION FOR RELIEF AS SET FORTH IN  SUBDIVISION  FIVE  OF  THIS  SECTION
WITHIN  TWO  YEARS  AFTER  THE  ALLEGED RETALIATORY PERSONNEL ACTION WAS
TAKEN. IN ADDITION TO THE RELIEF SET FORTH IN SUCH SUBDIVISION FIVE, THE
COURT, IN ITS DISCRETION, BASED UPON A FINDING THAT THE  EMPLOYER  ACTED
IN BAD FAITH IN THE RETALIATORY ACTION, MAY ORDER THE EMPLOYER TO TERMI-
NATE THE SUPERVISOR WHO RETALIATED AGAINST THE EMPLOYEE.
  S  20. The penal law is amended by adding a new section 190.73 to read
as follows:
S 190.73 DEFRAUDING A PUBLIC PENSION PLAN.
  A PERSON IS GUILTY OF DEFRAUDING A PUBLIC PENSION PLAN WHEN HE OR  SHE
ENGAGES  IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING COURSE OF CONDUCT
WITH INTENT TO OBTAIN A BENEFIT OR ASSET, OR ASSIST  A  THIRD  PARTY  TO
OBTAIN A BENEFIT OR ASSET, FROM A PUBLIC PENSION PLAN TO WHICH HE OR SHE
OR  THE  THIRD  PARTY  IS  NOT  OTHERWISE  ENTITLED  TO  PURSUANT TO THE
RESTRICTION OF SECTION TWO HUNDRED ELEVEN OF THE RETIREMENT  AND  SOCIAL
SECURITY LAW.
  DEFRAUDING A PUBLIC PENSION PLAN IS A CLASS E FELONY.
  S 21. Section 211 of the retirement and social security law is amended
by adding a new subdivision 9 to read as follows:
  9.  A  RETIRED PERSON RECEIVING A RETIREMENT ALLOWANCE WHO IS EMPLOYED
AND EARNING COMPENSATION IN A PUBLIC SERVICE POSITION OR POSITIONS  WITH
THE  TOTAL  COMPENSATION  EXCEEDING THE LIMITATIONS SET FORTH IN SECTION
TWO HUNDRED TWELVE OF THIS ARTICLE AND SUCH PERSON HAS NOT OBTAINED  THE
REQUISITE  WAIVER  SET  FORTH IN THIS SECTION, AS WELL AS ANY PERSON WHO
KNOWINGLY ASSISTS ANOTHER PERSON IN  RECEIVING  A  RETIREMENT  ALLOWANCE
WHILE RECEIVING TOTAL COMPENSATION IN A PUBLIC SERVICE POSITION OR POSI-
TIONS EXCEEDING THE LIMITS OF SECTION TWO HUNDRED TWELVE OF THIS ARTICLE
AND  NOT  HAVING OBTAINED THE REQUISITE WAIVER, IS GUILTY OF LARCENY AND
PUNISHABLE AS PROVIDED IN THE PENAL LAW.
  S 22. This act shall take effect January 1, 2016.

S318A - Bill Details

See Assembly Version of this Bill:
A104
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd Ed L, generally; add Art 4-B §§57 - 59, Exec L; amd §33, Gen Muni L; add §742, amd §740, Lab L; add §190.73, Pen L; amd §211, R & SS L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1781A, A1328A
2011-2012: S1802, A1939
2009-2010: A7280, S3567

S318A - Bill Texts

view summary

Enacts the NYS school taxpayers' protection act; requires the reporting of suspected corruption or conflicts of interest within the operation of a school district; requires the treasurer of each district to issue an annual report of all moneys received by the board and any expenditures; creates a compensation committee to oversee proposed contracts of all school district bargaining units, administrators and superintendents; creates the office of the state inspector general for education; prohibits retaliation by public school district employers where employees have made complaints of malfeasance; creates crime of defrauding a public pension plan.

view sponsor memo
BILL NUMBER: S318A

TITLE OF BILL : An act to amend the education law, the executive
law, the general municipal law, the labor law, the penal law and the
retirement and social security law, in relation to enacting the "New
York state school taxpayers' protection act"

PURPOSE :

Create an independent state agency, the New York state inspector
general for education, to investigate allegations of corruption,
financial improprieties, unethical misconduct or other criminal
conduct within school districts outside of New York City that are
causing waste and abuse of school taxpayers' hard-earned dollars.
Also incorporates extensive financial safeguards and sanctions for
violations of school district finance laws.

SUMMARY OF PROVISIONS :

Section 1 provides that this legislation shall be entitled the "New
York state school taxpayers' protection act".

Section 2 sets forth the legislative findings that public school
districts in the state have recently experienced numerous instances of
financial scandals and contains the legislative intent behind this
measure as seeking to curb and eventually eliminate such scandals
through creation of a New York state inspector general for education
and by establishing new school district financial safeguards with
sanctions for violations of school district finance laws.

Section 3 creates a mandatory reporting scheme for public school
district officials and employees to report any cases of suspected
corruption, other criminal activity or conflicts of interest occurring
within a school district. Any mandated reporter who willfully fails to
make such a report would be guilty of a class A misdemeanor with
possible civil liability for violations. Any mandated reporter who in
good faith participates in making a report shall have immunity from
liability.

Sections 4 and 5 shall require the treasurer of either a common school
district or union free school district, whichever is applicable, to
issue an annual report concerning all money received and disbursed by
the district with such treasurer certifying that they have reviewed
the annual report. In addition, the treasurer shall certify that based
on their knowledge, the report does not contain any untrue statement
of a material fact and the financial statements and other information
in such report fairly presents in all material respects the financial
condition of the school district.

Section 6 requires a public school district superintendent to certify
in the annual financial report that they have reviewed the annual
report. Furthermore, the superintendent shall certify that based on
their knowledge, the financial statements and other financial
information fairly presents in all material respects the financial
condition of the school district and the report does not contain any
untrue statement of a material fact.

Section 7 requires all public school districts outside of New York
City, except those with less than eight teachers, to establish a local
school district compensation committee to oversee and report on
proposed employment contracts between school districts and those
districts' bargaining units, administrators and superintendents. Only
one of the three compensation committee members is allowed to be from
a school board and no school district employees may serve on such
committee.

Section 8 mandates school districts to give notice of the availability
of proposed employment contracts or agreements at public libraries,
the school district office(s) and on the school district web site (if
one exists) at least five weeks prior to the vote on whether to
approve such contract.

Sections 9 and 10 amend the current Education Law to require annual
school district budget administrative components to contain a section
outlining all compensation and fringe benefits to which school
district teachers, administrators and superintendents are entitled
under existing employment contracts.

Section 11 and 12 provide for the annual school district budget
statement to be placed on the school district web site (if one exists)
and notice be given to the availability of such statement at public
libraries and school district offices at least thirty days prior to
any school budget vote.

Section 13 stipulates that a school district who prepared a corrective
action plan in response to any findings contained in a State
Comptroller-issued audit report shall notify residents of the
availability of such plan at public libraries, the school district
office(s) and on any existing school district web site. Failure to
comply with this requirement shall subject a school district to a
civil penalty of up to $5,000.

Section 14 would amend the Education law to prohibit any unfunded
mandate on a school district which creates a yearly net additional
cost to any school district greater than $5,000 or imposes an
aggregate yearly net additional cost to all school districts greater
than $500,000.

Section 15 establishes a new, independent office called the "Office of
the State Inspector General for Education". This office would be
charged with receiving and investigating complaints from any source,
or on its own initiative, regarding allegations of corruption,
financial improprieties, unethical conduct, misconduct or other
criminal conduct within public school districts. The Inspector General
for Education would also issue a yearly report to the Legislature,
Comptroller and the Board of Education that details the results of the
Education Inspector General's investigations and contain detailed
analysis of the current financial status of those school districts
that have been reviewed.

Section 16 amends the General Municipal Law to require the State
Comptroller to audit federal and state grant program expenditures in
all school districts, BOCES and charter schools.

Section 17 amends the General Municipal Law to require the State
Comptroller to report any final audit report findings from audits
performed on the grant program expenditures of school districts, BOCES
and charter schools to the Office of the State Inspector General for
Education.

Sections 18 and 19 amend the Labor Law to enact protections for any
public school district employee who in good faith acts as a
"whistleblower" by reporting an activity, policy or practice of a
public school district (or agent of such district) that the employee
reasonably believes constitutes fraud, criminal activity or other
malfeasance.

Section 20 amends the Penal Law to create the crime of "defrauding a
public pension plan", a class E felony, whenever a person engages in a
scheme of an ongoing course of conduct with intent to obtain a benefit
or asset, or assist a third party to obtain a benefit or asset, from a
public pension plan to which the person or the third party is not
otherwise entitled to pursuant to the restriction of Retirement and
social Security Law section 211.

Section 21 amends the Retirement and Social Security Law by expressly
providing that a retired person receiving a retirement allowance who
is employed and earning compensation in a public service position with
total compensation exceeding the applicable Retirement and Social
Security Law section 212 limit yet without having receiving the
requisite legal waiver of such limit, as well as any person who
knowingly assists another person the above mentioned conduct, is
guilty of larceny and is punishable for such as provided in the penal
law.

Section 22 provides for this act to take effect on January 1, 2017.

EXISTING LAW :

Creates a comprehensive statutory scheme for complete review and
oversight of New York State school districts' entire financial
operations with new safeguards and penalties to deter fiscal
wrongdoing, waste and abuse of any kind.

JUSTIFICATION :

Although Suffolk County has recently experienced a series of public
school district financial scandals, such scandals are not unique to
Suffolk County but could occur anywhere in the state and in fact
recently did in Nassau County as well. In fact, a Suffolk County grand
jury recently issued a thorough and comprehensive set of
recommendations concerning the numerous public school financial
misdeeds that occurred in that county. The grand jury found that each
episode involved malfeasance by individuals or small groups in an
environment where strong internal financial controls in school
business offices were lacking and viewed as optional luxuries.

The bill arises out of that grand jury investigation and reflects
virtually all of the legislative recommendations made by such grand
jury. One of the most important findings made by that grand jury was
the need for a new, independent state agency charged with
investigating allegations of corruption or other financial criminal
conduct within public school districts because of the magnitude and
frequency of the financial crimes occurring in the public school
system. This measure seeks to address this by creating an office of
the Inspector General for Education and giving it broad authority to
investigate financial wrongdoing in the schools, refer cases to the
appropriate law enforcement authorities when warranted and issue
recommendations to assist school districts in avoiding such problems
in the future.

LEGISLATIVE HISTORY :

2013-14 S.1781A/A.1328A;
2011-12 S.1802;
2009-10 S.3567;
2007-08,S.2681.

FISCAL IMPLICATIONS :

Possibly slightly increased administrative costs that should be offset
by the reduction in illegal and fraudulent public school district
spending that should occur as a result of this bill.

EFFECTIVE DATE :
This act shall take effect January 1, 2017.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 318--A                                              A. 104--A

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and when printed to be committed to the Committee on Education --
  recommitted to the Committee on Education in  accordance  with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to  the  Committee  on  Education  --  recommitted to the Committee on
  Education in accordance with Assembly Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law, the executive law, the general munic-
  ipal  law, the  labor law, the penal law and the retirement and social
  security law, in relation to  enacting  the  "New  York  state  school
  taxpayers' protection act"

  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 "New York state school taxpayers' protection act".
  S  2.  Legislative findings and intent. Public school districts in New
York state have recently experienced  numerous  instances  of  financial
scandals.  These scandals have been unprecedented in both the number and
diversity of financial malfeasance. Furthermore, such scandals result in
the diversion of hard-earned property taxpayers' money from their proper
use in school instruction to improper and illegal purposes that  do  not
further  the  school  districts' essential mission of educating New York
children.   Therefore, the legislature finds that  it  is  necessary  to
establish  a  new, independent state agency charged with the function of
investigating allegations of corruption, financial improprieties, uneth-
ical conduct, misconduct or other criminal conduct within public  school

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00717-02-6

S. 318--A                           2                          A. 104--A

districts outside of New York city. In addition, the legislature further
finds  that  the  current  laws  must  be  amended to incorporate school
district financial safeguards and establish sanctions for violations  of
school district finance laws.
  S  3.  The  education law is amended by adding a new section 2116-d to
read as follows:
  S 2116-D. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF  SUSPECTED
CORRUPTION,  OTHER  CRIMINAL  ACTIVITY OR CONFLICT OF INTEREST OCCURRING
WITHIN THE OPERATIONS OF A SCHOOL DISTRICT. 1. THE FOLLOWING PERSONS AND
OFFICIALS ARE REQUIRED TO REPORT OR CAUSE A REPORT TO BE MADE IN ACCORD-
ANCE WITH THIS SECTION WHEN THEY DISCOVER INFORMATION CONCERNING CONDUCT
WHICH IS KNOWN OR SHOULD REASONABLY BE KNOWN TO  INVOLVE  CORRUPTION  OR
OTHER  CRIMINAL  ACTIVITY  OR  CONFLICT  OF  INTEREST BY EITHER A PUBLIC
SCHOOL DISTRICT EMPLOYEE THAT  RELATES  TO  THEIR  EMPLOYMENT  OR  BY  A
PERSON, PERSONS OR ENTITIES DOING BUSINESS WITH A PUBLIC SCHOOL DISTRICT
WITH  RESPECT TO THEIR TRANSACTIONS WITH THE SCHOOL DISTRICT, ANY SCHOOL
DISTRICT OFFICER, AND ANY SCHOOL DISTRICT EMPLOYEE.
  2. ANY PERSON OR  OFFICIAL  MANDATED  TO  REPORT  CASES  OF  SUSPECTED
CORRUPTION,  OTHER CRIMINAL ACTIVITY OR CONFLICT OF INTEREST PURSUANT TO
SUBDIVISION ONE OF THIS SECTION SHALL IMMEDIATELY REPORT THE INFORMATION
THEY HAVE TO THE NEW YORK STATE  INSPECTOR  GENERAL  FOR  EDUCATION,  AS
ESTABLISHED IN ARTICLE FOUR-B OF THE EXECUTIVE LAW.
  3.  ANY  SCHOOL  DISTRICT  WHICH  EMPLOYS  PERSONS  MANDATED TO REPORT
SUSPECTED INCIDENTS OF CORRUPTION, OTHER CRIMINAL ACTIVITY  OR  CONFLICT
OF  INTEREST  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION SHALL PROVIDE
SUCH CURRENT AND NEW EMPLOYEES WITH WRITTEN INFORMATION  EXPLAINING  THE
REPORTING REQUIREMENTS SET OUT IN SUBDIVISION ONE OF THIS SECTION.
  4.  ANY  PERSON OR OFFICIAL REQUIRED BY THIS SECTION TO REPORT CERTAIN
INFORMATION AS SPECIFIED IN THIS SECTION WHO WILLFULLY FAILS  TO  DO  SO
SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  5.  ANY  PERSON OR OFFICIAL REQUIRED BY THIS SECTION TO REPORT CERTAIN
INFORMATION AS SPECIFIED IN THIS SECTION  WHO  KNOWINGLY  AND  WILLFULLY
FAILS  TO  DO  SO  SHALL  BE  CIVILLY LIABLE FOR THE DAMAGES PROXIMATELY
CAUSED BY SUCH FAILURE.
  6. ANY PERSON OR OFFICIAL PARTICIPATING IN GOOD FAITH IN THE MAKING OF
A REPORT UNDER THIS SECTION SHALL  HAVE  IMMUNITY  FROM  ANY  LIABILITY,
CIVIL  OR  CRIMINAL,  THAT  MIGHT  OTHERWISE  RESULT  BY  REASON OF SUCH
ACTIONS. FOR THE PURPOSE OF ANY PROCEEDING, CIVIL OR CRIMINAL, THE  GOOD
FAITH  OF  ANY  SUCH  PERSON  OR  OFFICIAL REQUIRED TO REPORT UNDER THIS
SECTION SHALL BE PRESUMED, PROVIDED SUCH PERSON OR OFFICIAL  WAS  ACTING
IN  DISCHARGE  OF THEIR DUTIES AND WITHIN THE SCOPE OF THEIR EMPLOYMENT,
AND THAT SUCH LIABILITY DID NOT RESULT FROM THE  WILLFUL  MISCONDUCT  OR
GROSS NEGLIGENCE OF SUCH PERSON OR OFFICIAL.
  S  4. Subdivision 6 of section 2122 of the education law is amended to
read as follows:
  6. Such treasurer shall[, whenever required by such trustees,]  report
to  [them]  SUCH  TRUSTEES  a  detailed [statement] ANNUAL REPORT of the
moneys received by him OR HER and of his OR HER  disbursements,  and  at
the  annual  meeting  of  such  district  he  OR SHE shall render a full
account of all moneys received by him OR HER and from what  source,  and
when  received, and all disbursements made by him OR HER and to whom and
the dates of such disbursements respectively, and the balance of  moneys
remaining  in  his  OR  HER hands.   THE TREASURER SHALL CERTIFY IN SUCH
ANNUAL REPORT THAT HE OR SHE HAS:   REVIEWED  THE  ANNUAL  REPORT;  THAT
BASED  ON  THE  TREASURER'S  KNOWLEDGE,  THE REPORT DOES NOT CONTAIN ANY
UNTRUE STATEMENT OF A MATERIAL FACT OR OMIT TO  STATE  A  MATERIAL  FACT

S. 318--A                           3                          A. 104--A

NECESSARY  IN ORDER TO MAKE THE STATEMENTS MADE, IN LIGHT OF THE CIRCUM-
STANCES UNDER WHICH SUCH STATEMENTS WERE MADE, NOT MISLEADING; AND BASED
ON SUCH TREASURER'S  KNOWLEDGE,  THE  FINANCIAL  STATEMENTS,  AND  OTHER
FINANCIAL  INFORMATION  INCLUDED  IN  THE  REPORT, FAIRLY PRESENT IN ALL
MATERIAL RESPECTS THE FINANCIAL CONDITION AND RESULTS OF  OPERATIONS  OF
THE SCHOOL DISTRICT AS OF, AND FOR, THE PERIODS PRESENTED IN THE REPORT.
  S  5.  Section  1720  of  the education law is amended by adding a new
subdivision 3 to read as follows:
  3. THE TREASURER OF THE DISTRICT SHALL ISSUE AN ANNUAL REPORT  WITH  A
FULL  AND  DETAILED  ACCOUNT OF ALL MONEYS RECEIVED BY THE BOARD OR SUCH
TREASURER, FOR ITS ACCOUNT AND USE,  AND  OF  ALL  THE  MONEYS  EXPENDED
THEREFOR,  GIVING  THE ITEMS OF EXPENDITURE IN FULL. THE TREASURER SHALL
CERTIFY IN SUCH ANNUAL REPORT THAT HE OR SHE HAS:  REVIEWED  THE  ANNUAL
REPORT;  THAT  BASED  ON  THE TREASURER'S KNOWLEDGE, THE REPORT DOES NOT
CONTAIN ANY UNTRUE STATEMENT OF A MATERIAL FACT OR OMIT TO STATE A MATE-
RIAL FACT NECESSARY IN ORDER TO MAKE THE STATEMENTS MADE,  IN  LIGHT  OF
THE CIRCUMSTANCES UNDER WHICH SUCH STATEMENTS WERE MADE, NOT MISLEADING;
AND  BASED  ON SUCH TREASURER'S KNOWLEDGE, THE FINANCIAL STATEMENTS, AND
OTHER FINANCIAL INFORMATION INCLUDED IN THE REPORT,  FAIRLY  PRESENT  IN
ALL  MATERIAL RESPECTS THE FINANCIAL CONDITION AND RESULTS OF OPERATIONS
OF THE SCHOOL DISTRICT AS OF, AND FOR,  THE  PERIODS  PRESENTED  IN  THE
REPORT.
  S  6.  Section  2215  of  the education law is amended by adding a new
subdivision 18 to read as follows:
  18. TO CERTIFY IN THE ANNUAL REPORT ISSUED PURSUANT TO EITHER  SECTION
SEVENTEEN  HUNDRED  TWENTY  OR  SECTION TWENTY-ONE HUNDRED TWENTY-TWO OF
THIS TITLE THAT HE OR SHE HAS: REVIEWED THE ANNUAL REPORT; THAT BASED ON
THE SUPERINTENDENT'S KNOWLEDGE, THE REPORT DOES NOT CONTAIN  ANY  UNTRUE
STATEMENT  OF A MATERIAL FACT OR OMIT TO STATE A MATERIAL FACT NECESSARY
IN ORDER TO MAKE THE STATEMENTS MADE,  IN  LIGHT  OF  THE  CIRCUMSTANCES
UNDER WHICH SUCH STATEMENTS WERE MADE, NOT MISLEADING; AND BASED ON SUCH
SUPERINTENDENT'S  KNOWLEDGE,  THE FINANCIAL STATEMENTS, AND OTHER FINAN-
CIAL INFORMATION INCLUDED IN THE REPORT, FAIRLY PRESENT IN ALL  MATERIAL
RESPECTS THE FINANCIAL CONDITION AND RESULTS OF OPERATIONS OF THE SCHOOL
DISTRICT AS OF, AND FOR, THE PERIODS PRESENTED IN THE REPORT.
  S  7.  The  education law is amended by adding a new section 2116-e to
read as follows:
  S 2116-E. COMPENSATION COMMITTEES. 1. EVERY  SCHOOL  DISTRICT,  EXCEPT
THOSE  EMPLOYING  FEWER THAN EIGHT TEACHERS, SHALL ESTABLISH BY A RESOL-
UTION OF THE TRUSTEES OR BOARD OF  EDUCATION  A  LOCAL  SCHOOL  DISTRICT
COMPENSATION COMMITTEE TO OVERSEE AND REPORT TO THE TRUSTEES OR BOARD ON
THE PROPOSED CONTRACTS OF ALL SCHOOL DISTRICT BARGAINING UNITS, ADMINIS-
TRATORS AND SUPERINTENDENTS.
  2. THE COMPENSATION COMMITTEE SHALL BE ESTABLISHED NO LATER THAN JANU-
ARY  FIRST,  TWO  THOUSAND  SEVENTEEN  AS A COMMITTEE OF THE TRUSTEES OR
BOARD, AS AN ADVISORY COMMITTEE, OR AS A COMMITTEE OF THE WHOLE.
  3. THE COMPENSATION COMMITTEE SHALL CONSIST OF AT LEAST THREE MEMBERS,
AT LEAST TWO OF WHOM SHALL NOT BE A TRUSTEE OR BOARD MEMBER. THE COMPEN-
SATION COMMITTEE MEMBERS SHALL SERVE WITHOUT COMPENSATION.  EMPLOYEES OF
THE SCHOOL DISTRICT ARE PROHIBITED  FROM  SERVING  ON  THE  COMPENSATION
COMMITTEE. A MEMBER OF A COMPENSATION COMMITTEE SHALL BE DEEMED A SCHOOL
DISTRICT OFFICER FOR THE PURPOSES OF SECTIONS THIRTY-EIGHT HUNDRED ELEV-
EN  THROUGH THIRTY-EIGHT HUNDRED THIRTEEN OF THIS CHAPTER, BUT SHALL NOT
BE REQUIRED TO BE A RESIDENT OF THE SCHOOL DISTRICT.
  4. THE ROLE OF A COMPENSATION COMMITTEE  SHALL  BE  ADVISORY  AND  ANY
RECOMMENDATIONS  IT  PROVIDES TO THE TRUSTEES OR BOARD UNDER SUBDIVISION

S. 318--A                           4                          A. 104--A

FIVE OF THIS SECTION SHALL NOT SUBSTITUTE FOR ANY  REQUIRED  REVIEW  AND
ACTION BY THE TRUSTEES OR BOARD OF EDUCATION.
  5. IT SHALL BE THE RESPONSIBILITY OF THE COMPENSATION COMMITTEE TO:
  (A)  REVIEW  EVERY  CONTRACT  BETWEEN  THE DISTRICT AND ANY BARGAINING
UNITS, EMPLOYEES, ADMINISTRATORS AND  SUPERINTENDENTS  NEGOTIATED  AFTER
JANUARY FIRST, TWO THOUSAND SEVENTEEN;
  (B) RECEIVE AND REVIEW PROPOSED CONTRACTS BETWEEN THE DISTRICT AND ANY
BARGAINING UNITS, EMPLOYEES, ADMINISTRATORS AND SUPERINTENDENTS PRIOR TO
SUCH CONTRACTS' APPROVAL; AND
  (C)  PROVIDE  RECOMMENDATIONS  TO  THE TRUSTEES OR BOARD REGARDING THE
SALARY, FRINGE BENEFITS  AND  OTHER  FORMS  OF  COMPENSATION  GIVEN  AND
PROPOSED  TO  BE  GIVEN TO ALL SCHOOL DISTRICT EMPLOYEES, ADMINISTRATORS
AND SUPERINTENDENTS.
  6. NOTWITHSTANDING ANY PROVISION OF ARTICLE SEVEN OF THE PUBLIC  OFFI-
CERS  LAW  OR  ANY  OTHER LAW TO THE CONTRARY, A SCHOOL DISTRICT COMPEN-
SATION COMMITTEE MAY CONDUCT AN EXECUTIVE SESSION  PURSUANT  TO  SECTION
ONE HUNDRED FIVE OF THE PUBLIC OFFICERS LAW PERTAINING TO ANY MATTER SET
FORTH IN PARAGRAPHS (A) AND (B) OF SUBDIVISION FIVE OF THIS SECTION.
  7.  THE  COMMISSIONER  IS  AUTHORIZED  TO  PROMULGATE REGULATIONS WITH
RESPECT TO COMPENSATION COMMITTEES  AS  ARE  NECESSARY  FOR  THE  PROPER
PERFORMANCE OF THEIR DUTIES.
  8.   AS LONG AS THE CHANCELLOR OF A SCHOOL DISTRICT IN A CITY HAVING A
POPULATION OF ONE MILLION OR MORE INHABITANTS SHALL ANNUALLY CERTIFY  TO
THE  COMMISSIONER  THAT  SUCH  DISTRICT  HAS  A  PROCESS FOR REVIEW BY A
COMPENSATION COMMITTEE OF THE DISTRICT'S CONTRACTS WITH  ANY  BARGAINING
UNITS,  EMPLOYEES, ADMINISTRATORS AND SUPERINTENDENTS, THE PROVISIONS OF
THIS SECTION SHALL NOT APPLY TO SUCH SCHOOL DISTRICT.
  S 8. The education law is amended by adding a new  section  2009-a  to
read as follows:
  S  2009-A. ADDITIONAL REQUIREMENTS OF NOTICE PRIOR TO AUTHORIZATION OF
SCHOOL DISTRICT EMPLOYMENT CONTRACTS. WHERE  ANY  COLLECTIVE  BARGAINING
AGREEMENT,  EMPLOYMENT  CONTRACT  OR  AMENDMENTS  TO  SUCH  AGREEMENT OR
CONTRACT IS TO BE SUBMITTED TO A DISTRICT MEETING FOR A VOTE, THE SCHOOL
DISTRICT BOARD OR TRUSTEES SHALL GIVE NOTICE, AT LEAST FIVE WEEKS  PRIOR
TO  SUCH MEETING, THROUGH A DISTRICT-WIDE MAILING OF THE AVAILABILITY OF
THE AGREEMENT, CONTRACT OR AMENDMENT  AT  PUBLIC  LIBRARIES  WITHIN  THE
DISTRICT,  AT  THE  SCHOOL DISTRICT OFFICES AND ON THE SCHOOL DISTRICT'S
INTERNET WEBSITE, IF ONE EXISTS.
  S 9. Subdivision 4 of section 1608 of the education law, as amended by
chapter 640 of the laws of 2008, is amended to read as follows:
  4. Commencing with the proposed budget for the nineteen hundred  nine-
ty-eight--ninety-nine   school  year,  such  proposed  budget  shall  be
presented in three components: a program component, a capital  component
and  an administrative component which shall be separately delineated in
accordance with regulations of the commissioner after consultation  with
local  school  district  officials.  The  administrative component shall
include, but need not be limited to, office and  central  administrative
expenses, traveling expenses and all compensation, salaries and benefits
of  all school administrators and supervisors, including business admin-
istrators, superintendents of schools and deputy,  assistant,  associate
or  other  superintendents  under  all  existing employment contracts or
collective bargaining agreements, AND TEACHERS UNDER EXISTING EMPLOYMENT
CONTRACTS, any and all expenditures associated with the operation of the
office of trustee or board of trustees, the office of the superintendent
of schools, general administration, the school business office, consult-
ing costs not directly related to direct student services and  programs,

S. 318--A                           5                          A. 104--A

planning  and all other administrative activities. The program component
shall include, but need not be limited to, all program  expenditures  of
the school district, including the salaries and benefits of teachers and
any  school  administrators or supervisors who spend a majority of their
time  performing  teaching  duties,  and  all  transportation  operating
expenses.   The capital component shall include, but need not be limited
to, all transportation capital, debt service,  and  lease  expenditures;
costs  resulting  from  judgments  in  tax certiorari proceedings or the
payment of awards from court judgments, administrative orders or settled
or compromised claims; and all facilities costs of the school  district,
including  facilities  lease  expenditures,  the annual debt service and
total debt for all facilities financed by bonds and notes of the  school
district,  and  the  costs of construction, acquisition, reconstruction,
rehabilitation or improvement of school buildings,  provided  that  such
budget  shall  include a rental, operations and maintenance section that
includes base rent costs, total rent costs,  operation  and  maintenance
charges,  cost  per  square  foot for each facility leased by the school
district, and any and all expenditures associated with  custodial  sala-
ries  and  benefits, service contracts, supplies, utilities, and mainte-
nance and repairs of school facilities. For the purposes of the develop-
ment of a budget  for  the  nineteen  hundred  ninety-eight--ninety-nine
school  year,  the  trustee  or  board  of  trustees  shall separate the
district's program, capital and administrative costs  for  the  nineteen
hundred  ninety-seven--ninety-eight  school year in the manner as if the
budget for such year had been presented in three components.
  S 10. Subdivision 4 of section 1716 of the education law,  as  amended
by chapter 640 of the laws of 2008, is amended to read as follows:
  4.  Commencing with the proposed budget for the nineteen hundred nine-
ty-eight--ninety-nine  school  year,  such  proposed  budget  shall   be
presented  in three components: a program component, a capital component
and an administrative component which shall be separately delineated  in
accordance  with regulations of the commissioner after consultation with
local school district  officials.  The  administrative  component  shall
include,  but  need not be limited to, office and central administrative
expenses, traveling expenses and all compensation, salaries and benefits
of all school administrators and supervisors, including business  admin-
istrators,  superintendents  of schools and deputy, assistant, associate
or other superintendents under  all  existing  employment  contracts  or
collective bargaining agreements, AND TEACHERS UNDER EXISTING EMPLOYMENT
CONTRACTS, any and all expenditures associated with the operation of the
board of education, the office of the superintendent of schools, general
administration, the school business office, consulting costs not direct-
ly  related  to  direct  student services and programs, planning and all
other administrative activities.  The program component  shall  include,
but  need  not  be  limited  to,  all program expenditures of the school
district, including the salaries and benefits of teachers and any school
administrators or  supervisors  who  spend  a  majority  of  their  time
performing  teaching  duties, and all transportation operating expenses.
The capital component shall include, but need not  be  limited  to,  all
transportation  capital,  debt  service,  and  lease expenditures; costs
resulting from judgments in tax certiorari proceedings or the payment of
awards from court judgments, administrative orders or settled or compro-
mised claims; and all facilities costs of the school district, including
facilities lease expenditures, the annual debt service  and  total  debt
for  all  facilities financed by bonds and notes of the school district,
and the costs of construction,  acquisition,  reconstruction,  rehabili-

S. 318--A                           6                          A. 104--A

tation  or  improvement  of  school buildings, provided that such budget
shall include a rental, operations and maintenance section that includes
base rent costs, total rent costs, operation  and  maintenance  charges,
cost  per  square  foot for each facility leased by the school district,
and any and all expenditures  associated  with  custodial  salaries  and
benefits,  service  contracts,  supplies, utilities, and maintenance and
repairs of school facilities. For the purposes of the development  of  a
budget  for  the nineteen hundred ninety-eight--ninety-nine school year,
the board of education shall separate the  district's  program,  capital
and  administrative costs for the nineteen hundred ninety-seven--ninety-
eight school year in the manner as if the budget for such year had  been
presented in three components.
  S  11.  Subdivision 2 of section 1608 of the education law, as amended
by chapter 640 of the laws of 2008, is amended to read as follows:
  2. Such statement shall be completed at least seven  days  before  the
budget  hearing  at which it is to be presented and copies thereof shall
be prepared and  made  available[,  upon  request  and]  at  the  school
district  offices,  at  any  public  library or free association library
within the district and on the school district's  internet  website,  if
one exists, to residents within the district during the period of [four-
teen]  THIRTY days immediately preceding the annual meeting and election
or special district meeting at which the budget vote will occur  and  at
such  meeting  or  hearing. The board shall also as a part of the notice
required by section two thousand three  of  this  [chapter]  TITLE  give
notice of the date, time and place of the budget hearing and that a copy
of  such  statement  may  be obtained by any resident in the district at
each schoolhouse in the district in which school  is  maintained  during
certain  designated  hours  on each day other than a Saturday, Sunday or
holiday during the [fourteen] THIRTY  days  immediately  preceding  such
meeting.  The  board  shall  include  notice of the availability of such
statement at least once during the  school  year  in  any  district-wide
mailing distributed.
  S  12.  Subdivision 2 of section 1716 of the education law, as amended
by chapter 640 of the laws of 2008, is amended to read as follows:
  2. Such statement shall be completed at least seven  days  before  the
budget  hearing  at which it is to be presented and copies thereof shall
be prepared and  made  available[,  upon  request  and]  at  the  school
district  offices,  at  any  public  library or free association library
within the district and on the school district's  internet  website,  if
one exists, to residents within the district during the period of [four-
teen]  THIRTY days immediately preceding the annual meeting and election
or special district meeting at which the budget vote will occur  and  at
such  meeting  or  hearing. The board shall also as a part of the notice
required by section two thousand  four  of  this  [chapter]  TITLE  give
notice of the date, time and place of the budget hearing and that a copy
of  such  statement  may  be obtained by any resident in the district at
each schoolhouse in the district in which school  is  maintained  during
certain  designated  hours  on each day other than a Saturday, Sunday or
holiday during the [fourteen] THIRTY  days  immediately  preceding  such
meeting.  The  board  shall  include  notice of the availability of such
statement at least once during the  school  year  in  any  district-wide
mailing distributed.
  S  13.  Paragraph (c) of subdivision 3 of section 2116-a of the educa-
tion law, as added by chapter 263 of the laws of  2005,  is  amended  to
read as follows:

S. 318--A                           7                          A. 104--A

  (c)  Notwithstanding  the  provisions of subparagraph one of paragraph
(b) of subdivision four of section thirty-five of the general  municipal
law,  each school district shall (i) prepare a corrective action plan in
response to any findings contained in the annual external  audit  report
or  management  letter,  or  any  final audit report issued by the state
comptroller, within ninety days of receipt of such report or letter, and
(ii) to the extent practicable, begin implementation of such  corrective
action  plan no later than the end of the next fiscal year.  EACH SCHOOL
DISTRICT SHALL NOTIFY THE DISTRICT RESIDENTS OF THE AVAILABILITY OF  THE
CORRECTIVE  ACTION  PLAN AT PUBLIC LIBRARIES WITHIN THE DISTRICT, AT THE
SCHOOL DISTRICT OFFICES AND ON THE SCHOOL DISTRICT'S  INTERNET  WEBSITE,
IF  ONE  EXISTS.  ANY  SCHOOL  DISTRICT  WHICH  FAILS TO COMPLY WITH THE
REQUIRED NOTIFICATION OF AVAILABILITY  OF  THE  CORRECTIVE  ACTION  PLAN
SHALL  BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS
UPON AN ADMINISTRATIVE DETERMINATION BY THE COMMISSIONER.
  S 14. The education law is amended by adding a new section  1527-a  to
read as follows:
  S  1527-A.  FUNDING OF MANDATES IMPOSED ON SCHOOL DISTRICTS. 1.  DEFI-
NITIONS. AS USED IN THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS UNLESS THE CONTEXT SHALL OTHERWISE REQUIRE:
  (A) "MANDATE" SHALL MEAN:
  (I)  ANY  STATE LAW, RULE OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE  FOR  AN  EXISTING  PROGRAM  WHICH  A
SCHOOL  DISTRICT  ORGANIZED  EITHER  BY  SPECIAL LAWS OR PURSUANT TO THE
PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE; OR
  (II) ANY GENERAL LAW WHICH GRANTS A  NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN  EXISTING  PROPERTY  TAX  EXEMPTION  WHICH ANY SUCH SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:
  (I) ANY STATE LAW, RULE OR REGULATION WHICH CREATES A NEW  PROGRAM  OR
REQUIRES  A  HIGHER   LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH ANY
SUCH SCHOOL DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN  A  NET
ADDITIONAL COST TO SUCH SCHOOL DISTRICT;
  (II)  ANY  ALTERATION  IN FUNDING PROVIDED TO ANY SUCH SCHOOL DISTRICT
FOR THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED
TO PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST  TO  SUCH  SCHOOL
DISTRICT; OR
  (III)  ANY  GENERAL  LAW  WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY  TAX  EXEMPTION  WHICH  ANY  SUCH  SCHOOL
DISTRICT  IS  REQUIRED TO PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL
COST TO SUCH SCHOOL DISTRICT.
  (C) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED  OR  ANTIC-
IPATED  TO  BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL DISTRICT IN
PERFORMING OR ADMINISTERING A MANDATE AFTER  SUBTRACTING  THEREFROM  ANY
REVENUES RECEIVED OR RECEIVABLE BY THE SCHOOL DISTRICT ON ACCOUNT OF THE
MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
  (II)  STATE  OR  FEDERAL  AID  PAID  SPECIFICALLY  OR CATEGORICALLY IN
CONNECTION WITH THE  PROGRAM OR SERVICE; AND
  (III) AN OFFSETTING SAVINGS RESULTING FROM THE  DIMINUTION  OR  ELIMI-
NATION  OF  ANY  OTHER  PROGRAM  OR SERVICE DIRECTLY ATTRIBUTABLE TO THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
  2. FUNDING OF SCHOOL  DISTRICT  MANDATES.  NOTWITHSTANDING  ANY  OTHER
PROVISION OF LAW, NO  UNFUNDED MANDATE SHALL BE ENACTED WHICH CREATES AN
ANNUAL  NET  ADDITIONAL  COST TO ANY   SCHOOL DISTRICT IN EXCESS OF FIVE

S. 318--A                           8                          A. 104--A

THOUSAND DOLLARS OR AN AGGREGATE ANNUAL NET  ADDITIONAL    COST  TO  ALL
SCHOOL DISTRICTS IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS.
  3.  EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES REQUIREMENT.
(A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR EXPANDED PROGRAMS
FOR SCHOOL DISTRICTS IF: (I) THE  MANDATE IS REQUIRED BY A  COURT  ORDER
OR  JUDGMENT;  (II) THE MANDATE IS PROVIDED AT THE  OPTION OF THE SCHOOL
DISTRICT UNDER A LAW, REGULATION, RULE,  OR  ORDER  THAT  IS  PERMISSIVE
RATHER  THAN  MANDATORY; (III) THE MANDATE RESULTS FROM THE PASSAGE OF A
HOME RULE MESSAGE   WHEREBY A  SCHOOL  DISTRICT  REQUESTS  AUTHORITY  TO
IMPLEMENT  THE  PROGRAM  OR  SERVICE   SPECIFIED IN THE STATUTE, AND THE
STATUTE IMPOSES COSTS ONLY UPON THAT SCHOOL DISTRICT WHICH REQUESTS  THE
AUTHORITY TO IMPOSE THE PROGRAM OR SERVICE; (IV) THE MANDATE IS REQUIRED
BY, OR ARISES FROM, AN EXECUTIVE ORDER OF THE GOVERNOR EXERCISING HIS OR
HER EMERGENCY POWERS; OR (V) THE MANDATE IS REQUIRED BY STATUTE OR EXEC-
UTIVE ORDER THAT IMPLEMENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM
COSTS MANDATED BY THE FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL,
UNLESS THE STATUTE OR EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED  THE
COSTS MANDATED BY THE FEDERAL GOVERNMENT.
  (B)  EACH  ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE  IMPOSED ON SCHOOL DISTRICTS SHALL BE  CONSIST-
ENT WITH THE NEEDS OF THE STATE AND SCHOOL DISTRICTS TO PLAN IMPLEMENTA-
TION  THEREOF,  AND  ALSO  CONSISTENT  WITH THE AVAILABILITY OF REQUIRED
FUNDS.
  S 15. The executive law is amended by adding a new article 4-B to read
as follows:
                                ARTICLE 4-B
           OFFICE OF THE STATE INSPECTOR GENERAL FOR EDUCATION

SECTION 57. ESTABLISHMENT AND ORGANIZATION.
        58. FUNCTIONS AND DUTIES.
        59. POWERS.
  S 57. ESTABLISHMENT AND ORGANIZATION.  1. THERE IS HEREBY  ESTABLISHED
THE OFFICE OF THE STATE INSPECTOR GENERAL FOR EDUCATION. THE HEAD OF THE
OFFICE  SHALL BE THE EDUCATION INSPECTOR GENERAL, WHO SHALL BE APPOINTED
BY THE BOARD OF THE  OFFICE OF THE STATE INSPECTOR  GENERAL  FOR  EDUCA-
TION.  SUCH  OFFICE  SHALL BE INDEPENDENT OF THE DEPARTMENT OF EDUCATION
AND OF ANY OTHER OFFICE, AGENCY, BOARD OR COMMISSION OF THE STATE OR ANY
OF ITS POLITICAL SUBDIVISIONS.
  2. THE EDUCATION INSPECTOR GENERAL MAY EMPLOY AND  AT  THEIR  PLEASURE
REMOVE SUCH PERSONNEL AS  THEY DEEM NECESSARY FOR THE PERFORMANCE OF THE
OFFICE, AND MAY FIX THEIR COMPENSATION WITH AMOUNTS AVAILABLE THEREFOR.
  3.  THERE  IS  HEREBY ESTABLISHED THE BOARD OF THE OFFICE OF THE STATE
INSPECTOR GENERAL FOR EDUCATION WHICH SHALL CONSIST OF  ELEVEN  MEMBERS,
AND  SHALL HAVE AND EXERCISE THE POWERS AND DUTIES OF THE  OFFICE OF THE
STATE INSPECTOR GENERAL FOR EDUCATION.
  4. THE BOARD MEMBERS SHALL BE APPOINTED AS FOLLOWS:
  (A) THREE MEMBERS SHALL BE APPOINTED BY  THE  GOVERNOR,  ONE  OF  WHOM
SHALL BE DESIGNATED BY THE  GOVERNOR AS THE CHAIR OF THE BOARD;
  (B) THREE MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
  (C) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (D) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY; AND
  (E)  ONE  MEMBER  SHALL  BE  APPOINTED  BY  THE MINORITY LEADER OF THE
SENATE.
  5. THE BOARD MEMBERS SHALL SERVE FOR TERMS OF FIVE YEARS.

S. 318--A                           9                          A. 104--A

  6. THE CHAIR OF THE BOARD OR ANY FIVE MEMBERS THEREOF MAY CALL A MEET-
ING OF THE BOARD.
  7.  ANY  VACANCY  OCCURRING  ON THE BOARD SHALL BE FILLED WITHIN SIXTY
DAYS OF ITS OCCURRENCE, IN THE  SAME MANNER AS THE MEMBER WHOSE  VACANCY
IS  BEING  FILLED  WAS  APPOINTED. A PERSON APPOINTED  TO FILL A VACANCY
OCCURRING OTHER THAN  BY  EXPIRATION  OF  A  TERM  OF  OFFICE  SHALL  BE
APPOINTED FOR THE  UNEXPIRED TERM OF THE MEMBER HE OR SHE SUCCEEDS.
  8.  SIX  MEMBERS  OF THE BOARD SHALL CONSTITUTE A QUORUM AND THE BOARD
SHALL HAVE THE POWER TO ACT BY MAJORITY VOTE  OF  THE  TOTAL  NUMBER  OF
MEMBERS OF THE BOARD WITHOUT VACANCY.
  9. THE BOARD MEMBERS SHALL NOT RECEIVE COMPENSATION BUT SHALL BE REIM-
BURSED  FOR  REASONABLE  EXPENSES  INCURRED  IN THE PERFORMANCE OF THEIR
OFFICIAL DUTIES.
  10. THE BOARD SHALL APPOINT AN EDUCATION INSPECTOR GENERAL  WHO  SHALL
PERFORM  THE  POWERS  AND  DUTIES  SET FORTH IN SECTIONS FIFTY-EIGHT AND
FIFTY-NINE OF THIS ARTICLE, AND WHO SHALL SERVE FOR  A  TERM    OF  FIVE
YEARS AND MAY ONLY BE DISMISSED FOR CAUSE OR BY A THREE-QUARTERS VOTE OF
THE  BOARD. THE  BOARD MAY FIX THE COMPENSATION OF THE EDUCATION INSPEC-
TOR GENERAL.
  11. NO BOARD MEMBER, NOR THE EDUCATION INSPECTOR GENERAL,  SHALL  HOLD
ANY  ELECTED  PUBLIC  OFFICE OR OFFICE IN ANY POLITICAL PARTY, NOR SHALL
ANY MEMBER BE AN EMPLOYEE OF OR UNDER THE SUPERVISION OF ANY PERSON  WHO
HOLDS  SUCH  ELECTED  PUBLIC  OFFICE  OR OFFICE OF A POLITICAL PARTY. NO
MEMBER OF THE  BOARD SHALL SERVE IN ANY PUBLIC OR POLITICAL OFFICE WITH-
IN FIVE YEARS OF THE MEMBER'S PERIOD OF SERVICE.
  12. THE EDUCATION INSPECTOR GENERAL SHALL, PRIOR TO THEIR APPOINTMENT,
HAVE HAD AT LEAST TEN YEARS EXPERIENCE IN AUDITING OR LAW ENFORCEMENT OR
INVESTIGATION, OR IN PROSECUTING OR AIDING IN THE PROSECUTION OF FRAUD.
  13. MEMBERS OF THE BOARD SHALL, PRIOR TO THEIR APPOINTMENT,  HAVE  HAD
AT  LEAST THREE YEARS EXPERIENCE IN AUDITING OR INVESTIGATION OF GOVERN-
MENTAL OR SCHOOL DISTRICT OPERATIONS, OR IN THE  PRACTICE  OF  LAW,  LAW
ENFORCEMENT  OR  IN  SERVICES  RELATED  TO DEVELOPMENT AND MANAGEMENT OF
INFORMATION TECHNOLOGY OR DATABASE CREATION AND MAINTENANCE.
  S 58. FUNCTIONS AND DUTIES.   THE EDUCATION  INSPECTOR  GENERAL  SHALL
HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:
  1.  TO RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON HIS
OR HER OWN INITIATIVE, CONCERNING ALLEGATIONS OF  CORRUPTION,  FINANCIAL
IMPROPRIETIES,  UNETHICAL  CONDUCT, MISCONDUCT OR OTHER CRIMINAL CONDUCT
WITHIN PUBLIC SCHOOL DISTRICTS OUTSIDE OF A CITY WITH  A  POPULATION  OF
ONE MILLION OR MORE;
  2.  TO  INVESTIGATE AND REPORT ON CORRUPTION AND OTHER CRIMINAL ACTIV-
ITY, SCHOOL BOARD ELECTION FRAUD,  BIDDING IRREGULARITIES AND  CONFLICTS
OF INTEREST BY PUBLIC SCHOOL DISTRICT EMPLOYEES WHOSE ACTIONS  RELATE TO
THEIR  EMPLOYMENT,  PERSONS  OR  ENTITIES  DOING  BUSINESS WITH A PUBLIC
SCHOOL DISTRICT CONCERNING THEIR TRANSACTIONS WITH THE SCHOOL  DISTRICT,
AND SCHOOL BOARD MEMBERS WHOSE ACTIONS  RELATE TO THEIR OFFICE;
  3.  TO DETERMINE WITH RESPECT TO SUCH ALLEGATIONS WHETHER DISCIPLINARY
ACTION, CIVIL OR CRIMINAL  PROSECUTION, OR FURTHER INVESTIGATION  BY  AN
APPROPRIATE  FEDERAL,  STATE OR LOCAL AGENCY IS WARRANTED, AND TO ASSIST
IN SUCH INVESTIGATIONS;
  4. TO REVIEW AND EXAMINE PERIODICALLY THE POLICIES AND  PROCEDURES  OF
PUBLIC  SCHOOL  DISTRICTS WITH REGARD TO THE PREVENTION AND DETECTION OF
CORRUPTION, FINANCIAL IMPROPRIETIES,  UNETHICAL  CONDUCT,    MISCONDUCT,
OTHER CRIMINAL CONDUCT, SCHOOL BOARD ELECTION FRAUD, BIDDING IRREGULARI-
TIES AND CONFLICTS OF INTEREST OR ABUSE;

S. 318--A                          10                          A. 104--A

  5.  TO  RECOMMEND  REMEDIAL ACTION TO PREVENT OR ELIMINATE CORRUPTION,
FINANCIAL IMPROPRIETIES, UNETHICAL CONDUCT, MISCONDUCT,  OTHER  CRIMINAL
CONDUCT,  SCHOOL BOARD ELECTION FRAUD, BIDDING IRREGULARITIES, CONFLICTS
OF INTEREST OR ABUSE BY PUBLIC SCHOOL DISTRICT OFFICIALS AND EMPLOYEES;
  6.  TO  ESTABLISH  PROGRAMS  FOR  TRAINING PUBLIC SCHOOL OFFICIALS AND
EMPLOYEES REGARDING THE PREVENTION AND ELIMINATION OF CORRUPTION, FINAN-
CIAL  IMPROPRIETIES,  UNETHICAL  CONDUCT,  MISCONDUCT,  OTHER   CRIMINAL
CONDUCT,   SCHOOL  BOARD  ELECTION  FRAUD,  BIDDING  IRREGULARITIES  AND
CONFLICTS OF INTEREST OR ABUSE;
  7. TO PREPARE AN ANNUAL REPORT THAT PROVIDES THE RESULTS OF THE EDUCA-
TION INSPECTOR GENERAL'S FINDINGS   WITH RESPECT TO  ALL  INVESTIGATIONS
AND  DETAILED  ANALYSIS  OF THE CURRENT FINANCIAL STATUS OF THOSE SCHOOL
DISTRICTS THAT HAVE BEEN REVIEWED;
  8. TO INCLUDE IN SUCH REPORT  ANY  FINDINGS  REGARDING  THE  FINANCIAL
PRACTICES  OF  THE  SCHOOL DISTRICT THAT THE EDUCATION INSPECTOR GENERAL
BELIEVES VIOLATED, OR COULD POTENTIALLY VIOLATE,  EXISTING  STATE  RULES
OR  REGULATIONS  OR  MAY  BE  OF CONCERN IN THAT INCOMPETENCE OR LACK OF
TRAINING MAY RESULT IN  FINANCIAL PRACTICES THAT VIOLATE STATE RULES AND
REGULATIONS;
  9. TO ISSUE THE REPORT TO THE LEGISLATURE,  THE  COMPTROLLER  AND  THE
DEPARTMENT  OF  EDUCATION  WITH  EACH  ANNUAL  REPORT POSTED ON A PUBLIC
INTERNET WEBSITE FOR AT LEAST FIVE YEARS FROM THE DATE OF ISSUANCE.
  S 59. POWERS.  THE EDUCATION INSPECTOR GENERAL SHALL  HAVE  THE  POWER
TO:
  1.  SUBPOENA  AND  ENFORCE  THE ATTENDANCE OF WITNESSES, INCLUDING THE
POWER TO SUBPOENA DOCUMENTS AND RECORDS NECESSARY TO  ANY  INVESTIGATION
FROM  ANY  PUBLIC SCHOOL DISTRICT OUTSIDE OF A CITY WITH A POPULATION OF
ONE MILLION OR MORE AND FROM VENDORS WHO DO BUSINESS  WITH  SUCH  PUBLIC
SCHOOL DISTRICTS;
  2. ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;
  3.  REQUIRE  THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED RELEVANT OR
MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
  4. NOTWITHSTANDING ANY LAW TO THE CONTRARY, EXAMINE AND COPY OR REMOVE
DOCUMENTS OR RECORDS OF ANY KIND PREPARED, MAINTAINED  OR  HELD  BY  ANY
PUBLIC SCHOOL DISTRICT COVERED BY THIS ARTICLE;
  5.  REQUIRE  ANY  PUBLIC  SCHOOL DISTRICT EMPLOYEE TO ANSWER QUESTIONS
CONCERNING ANY MATTER RELATED TO THE PERFORMANCE OF HIS OR HER  OFFICIAL
DUTIES.  NO  STATEMENT  OR  OTHER EVIDENCE DERIVED THEREFROM MAY BE USED
AGAINST SUCH OFFICER OR EMPLOYEE IN ANY SUBSEQUENT CRIMINAL  PROSECUTION
OTHER  THAN  FOR  PERJURY  OR  CONTEMPT ARISING FROM SUCH TESTIMONY. THE
REFUSAL OF ANY OFFICER OR EMPLOYEE TO ANSWER QUESTIONS  SHALL  BE  CAUSE
FOR REMOVAL FROM OFFICE OR EMPLOYMENT OR OTHER APPROPRIATE PENALTY;
  6. MONITOR THE IMPLEMENTATION BY PUBLIC SCHOOL DISTRICTS OF ANY RECOM-
MENDATIONS MADE BY THE EDUCATION INSPECTOR GENERAL;
  7.  PERFORM  ANY  OTHER FUNCTIONS THAT ARE NECESSARY OR APPROPRIATE TO
FULFILL THE DUTIES AND RESPONSIBILITIES OF THE OFFICE.
  S 16. Subparagraphs 2 and 3 of paragraph b of subdivision 2 of section
33 of the general municipal law, as amended by section 24 of  subpart  F
of  part  C  of  chapter  97  of the laws of 2011, are amended and a new
subparagraph 4 is added to read as follows:
  (2) assessing the current financial  practices  of  school  districts,
BOCES and charter schools to ensure that they are consistent with estab-
lished  standards,  including  whether  any  school district that uses a
risk-based or sampling methodology to determine which claims are  to  be
audited  in  lieu  of auditing all claims has adopted a methodology that

S. 318--A                          11                          A. 104--A

provides reasonable assurance that all the  claims  represented  in  the
sample are proper charges against the school district; [and]
  (3)  determining  that  school  districts,  BOCES, and charter schools
provide for adequate protections against any fraud,  theft,  or  profes-
sional misconduct[.]; AND
  (4)  AUDITING  FEDERAL  AND  STATE  GRANT  PROGRAM EXPENDITURES IN ALL
SCHOOL DISTRICTS, BOCES AND CHARTER SCHOOLS.
  S 17. Paragraph d of subdivision 2 of section 33 of the general munic-
ipal law, as added by chapter 267 of the laws of  2005,  is  amended  to
read as follows:
  d.  The office of the state comptroller shall upon making a finding of
misconduct refer any findings of fraud, abuse or other  conduct  consti-
tuting  a  crime  that  are  uncovered during the course of an audit, as
appropriate, to the  commissioner  of  education,  THE  NEW  YORK  STATE
INSPECTOR GENERAL FOR EDUCATION, the charter entity, the attorney gener-
al,  United States attorney or district attorney having jurisdiction for
appropriate action, together with any documents supporting the auditors'
findings.
  S 18. The labor law is amended by adding a new section 742 to read  as
follows:
  S  742.  PROHIBITION;  PUBLIC  SCHOOL  DISTRICT EMPLOYER WHO PENALIZES
EMPLOYEES BECAUSE OF COMPLAINTS  OF  EMPLOYER  MALFEASANCE.  1.    DEFI-
NITIONS.  AS  USED  IN  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "EMPLOYEE" MEANS ANY PERSON WHO PERFORMS SERVICES  FOR  AND  UNDER
THE  CONTROL  AND DIRECTION   OF ANY PUBLIC SCHOOL DISTRICT OUTSIDE OF A
CITY WITH A POPULATION OF ONE MILLION OR MORE FOR WAGES  OR OTHER REMUN-
ERATION.
  (B) "EMPLOYER" MEANS ANY PUBLIC SCHOOL DISTRICT OUTSIDE OF A CITY WITH
A POPULATION OF ONE  MILLION OR MORE.
  (C) "AGENT" MEANS ANY  INDIVIDUAL,  PARTNERSHIP,  ASSOCIATION,  CORPO-
RATION, OR GROUP OF PERSONS  ACTING ON BEHALF OF AN EMPLOYER.
  (D) "PUBLIC BODY" MEANS:
  (1)  THE UNITED STATES CONGRESS, ANY STATE LEGISLATURE, OR ANY ELECTED
LOCAL GOVERNMENTAL BODY, OR ANY MEMBER OR EMPLOYEE THEREOF;
  (2) THE NEW YORK STATE INSPECTOR GENERAL FOR EDUCATION;
  (3) THE STATE COMPTROLLER;
  (4) THE ATTORNEY GENERAL;
  (5) ANY FEDERAL, STATE OR LOCAL REGULATORY, ADMINISTRATIVE  OR  PUBLIC
AGENCY OR AUTHORITY, OR INSTRUMENTALITY THEREOF;
  (6)  ANY FEDERAL, STATE OR LOCAL LAW ENFORCEMENT AGENCY, PROSECUTORIAL
OFFICE, OR POLICE OR PEACE  OFFICER;
  (7) ANY FEDERAL, STATE OR LOCAL DEPARTMENT OF AN EXECUTIVE  BRANCH  OF
GOVERNMENT; OR
  (8)  ANY  DIVISION,  BOARD, BUREAU, OFFICE, COMMITTEE OR COMMISSION OF
ANY OF THE PUBLIC BODIES   DESCRIBED IN SUBPARAGRAPH  ONE,  TWO,  THREE,
FOUR, FIVE, SIX OR SEVEN OF THIS PARAGRAPH.
  (E)  "RETALIATORY  ACTION"  MEANS THE DISCHARGE, SUSPENSION, DEMOTION,
PENALIZATION OR DISCRIMINATION AGAINST AN  EMPLOYEE,  OR  OTHER  ADVERSE
EMPLOYMENT  ACTION TAKEN AGAINST AN EMPLOYEE IN THE TERMS AND CONDITIONS
OF EMPLOYMENT.
  (F) "SUPERVISOR" MEANS ANY PERSON WITHIN  AN  EMPLOYER'S  ORGANIZATION
WHO  HAS THE AUTHORITY TO  DIRECT AND CONTROL THE WORK PERFORMANCE OF AN
EMPLOYEE, OR WHO HAS THE AUTHORITY TO TAKE CORRECTIVE  ACTION  REGARDING
FRAUD,  CRIMINAL  ACTIVITY  OR  OTHER  MALFEASANCE  TO WHICH AN EMPLOYEE
SUBMITS A COMPLAINT.

S. 318--A                          12                          A. 104--A

  2. RETALIATORY ACTION PROHIBITED. NOTWITHSTANDING ANY OTHER  PROVISION
OF  LAW, NO EMPLOYER SHALL  TAKE RETALIATORY ACTION AGAINST ANY EMPLOYEE
BECAUSE THE EMPLOYEE DOES ANY OF THE FOLLOWING:
  (A) DISCLOSES OR THREATENS TO DISCLOSE TO A SUPERVISOR, OR TO A PUBLIC
BODY  AN  ACTIVITY, POLICY OR PRACTICE OF THE EMPLOYER OR AGENT THAT THE
EMPLOYEE, IN GOOD FAITH, REASONABLY BELIEVES  CONSTITUTES FRAUD,  CRIMI-
NAL ACTIVITY OR OTHER MALFEASANCE; OR
  (B)  OBJECTS  TO, OR REFUSES TO PARTICIPATE IN ANY ACTIVITY, POLICY OR
PRACTICE OF THE EMPLOYER OR AGENT THAT  THE  EMPLOYEE,  IN  GOOD  FAITH,
REASONABLY  BELIEVES  CONSTITUTES  FRAUD,  CRIMINAL  ACTIVITY  OR  OTHER
MALFEASANCE.
  3. ENFORCEMENT. AN EMPLOYEE  MAY  SEEK  ENFORCEMENT  OF  THIS  SECTION
PURSUANT  TO  PARAGRAPH (E) OF SUBDIVISION FOUR OF SECTION SEVEN HUNDRED
FORTY OF THIS ARTICLE.
  4. RELIEF. IN ANY COURT ACTION BROUGHT PURSUANT  TO  THIS  SECTION  IT
SHALL BE A DEFENSE THAT THE PERSONNEL ACTION WAS PREDICATED UPON GROUNDS
OTHER  THAN  THE  EMPLOYEE'S  EXERCISE OF ANY RIGHTS   PROTECTED BY THIS
SECTION.
  S 19. Subdivision 4 of section 740 of the  labor  law  is  amended  by
adding a new paragraph (e) to read as follows:
  (E)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS (A) AND (C) OF THIS
SUBDIVISION, AN EMPLOYEE WHO HAS  BEEN  THE  SUBJECT  OF  A  RETALIATORY
ACTION BY AN EMPLOYER IN VIOLATION OF SECTION SEVEN HUNDRED FORTY-TWO OF
THIS ARTICLE MAY INSTITUTE A CIVIL ACTION IN A COURT OF COMPETENT JURIS-
DICTION  FOR  RELIEF  AS  SET  FORTH IN SUBDIVISION FIVE OF THIS SECTION
WITHIN TWO YEARS AFTER THE  ALLEGED  RETALIATORY  PERSONNEL  ACTION  WAS
TAKEN. IN ADDITION TO THE RELIEF SET FORTH IN SUCH SUBDIVISION FIVE, THE
COURT,  IN  ITS DISCRETION, BASED UPON A FINDING THAT THE EMPLOYER ACTED
IN BAD FAITH IN THE RETALIATORY ACTION, MAY ORDER THE EMPLOYER TO TERMI-
NATE THE SUPERVISOR WHO RETALIATED AGAINST THE EMPLOYEE.
  S 20. The penal law is amended by adding a new section 190.73 to  read
as follows:
S 190.73 DEFRAUDING A PUBLIC PENSION PLAN.
  A  PERSON IS GUILTY OF DEFRAUDING A PUBLIC PENSION PLAN WHEN HE OR SHE
ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING COURSE OF  CONDUCT
WITH  INTENT  TO  OBTAIN  A BENEFIT OR ASSET, OR ASSIST A THIRD PARTY TO
OBTAIN A BENEFIT OR ASSET, FROM A PUBLIC PENSION PLAN TO WHICH HE OR SHE
OR THE THIRD  PARTY  IS  NOT  OTHERWISE  ENTITLED  TO  PURSUANT  TO  THE
RESTRICTION  OF  SECTION TWO HUNDRED ELEVEN OF THE RETIREMENT AND SOCIAL
SECURITY LAW.
  DEFRAUDING A PUBLIC PENSION PLAN IS A CLASS E FELONY.
  S 21. Section 211 of the retirement and social security law is amended
by adding a new subdivision 9 to read as follows:
  9. A RETIRED PERSON RECEIVING A RETIREMENT ALLOWANCE WHO  IS  EMPLOYED
AND  EARNING COMPENSATION IN A PUBLIC SERVICE POSITION OR POSITIONS WITH
THE TOTAL COMPENSATION EXCEEDING THE LIMITATIONS SET  FORTH  IN  SECTION
TWO  HUNDRED TWELVE OF THIS ARTICLE AND SUCH PERSON HAS NOT OBTAINED THE
REQUISITE WAIVER SET FORTH IN THIS SECTION, AS WELL AS  ANY  PERSON  WHO
KNOWINGLY  ASSISTS  ANOTHER  PERSON  IN RECEIVING A RETIREMENT ALLOWANCE
WHILE RECEIVING TOTAL COMPENSATION IN A PUBLIC SERVICE POSITION OR POSI-
TIONS EXCEEDING THE LIMITS OF SECTION TWO HUNDRED TWELVE OF THIS ARTICLE
AND NOT HAVING OBTAINED THE REQUISITE WAIVER, IS GUILTY OF  LARCENY  AND
PUNISHABLE AS PROVIDED IN THE PENAL LAW.
  S 22. This act shall take effect January 1, 2017.

senate Bill S319

2015-2016 Legislative Session

Relates to the definition of the metropolitan commuter transportation district for the purposes of the metropolitan commuter transportation mobility tax

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 08, 2016 print number 319a
amend and recommit to investigations and government operations
Jan 06, 2016 referred to investigations and government operations
Jan 07, 2015 referred to investigations and government operations

Bill Amendments

S319
S319A
S319
S319A

S319 - Bill Details

See Assembly Version of this Bill:
A92
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §800, Tax L; amd §1266, Pub Auth L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1772A, A1217A
2011-2012: S2871A, A4170A
2009-2010: S6311, A8635B

S319 - Bill Texts

view summary

Relates to the definition of the metropolitan commuter transportation district for the purposes of the metropolitan commuter transportation mobility tax; requires the metropolitan transportation authority to renegotiate the joint service operating agreement with the state of Connecticut.

view sponsor memo
BILL NUMBER: S319

TITLE OF BILL : An act to amend the tax law, in relation to the
definition of the metropolitan commuter transportation district for
the purposes of the metropolitan commuter transportation mobility tax;
and to amend the public authorities law, in relation to requiring the
metropolitan transportation authority to renegotiate the joint service
operating agreement with the state of Connecticut

PURPOSE : This legislation would exempt all employers within the
towns of Brookhaven, East Hampton, Riverhead, Shelter Island,
Southampton and Southold in Suffolk County from the Metropolitan
Transportation Authority's payroll tax as implemented by Chapter 25 of
the Laws of 2009.

SUMMARY OF PROVISIONS :

Section 1. Legislative finds. The town of Brookhaven, East Hampton,
Riverhead, Shelter Island, Southold and Southampton in the County of
Suffolk already pay substantial taxes and mortgage recording taxes to
the MTA for the minimal mass transit services they receive. As such,
the aforementioned towns should be exempt from the newly Metropolitan
commuter Transportation mobility tax.

Section 2. Amends subdivision (a) of section 800 of the tax law, as
added by Section 1 of part C of Chapter 25 of the Laws of 2009 to
exclude the town of Brookhaven, East Hampton, Riverhead, Shelter
Island, Southampton and Southold in Suffolk County from the
Metropolitan Commuter Transportation District.

Section 3. Amends Section 1266 of the public authorities law by adding
a new subdivision 19 requiring the renegotiation of the joint service
agreement between the MTA and the state of Connecticut relating to the
operation of the Metro-North New Haven line and reducing its services
and expenses by March 31, 2016.

Section 4. Provides for an immediate effective date of this act.

JUSTIFICATION : Chapter 25 of the Laws of 2009 implements various
supplemental fees and taxes for the 12 county Metropolitan Commuter
Transportation District (MCTD) in an effort to financially bailout the
MTA. Provisions of this package include a 0.34% payroll tax for all
employers in MCTD, which includes the town of Brookhaven and the towns
which comprise the Peconic Bay Region located on the east end of Long
Island (East Hampton, Riverhead, Shelter Island, Southampton and
Southold). The Peconic Bay Region alone has a population of
approximately 140,000 and represents 1.1% of the MCTD.

This measure will surely have a devastating effect on every local
employer located within the Peconic Bay Region and the town of
Brookhaven. This new expense will ultimately have to be passed along
by those employers through higher prices and increased property taxes.
Residents of these areas already heavily subsidize the MTA through
increased fares, additional sales tax and a mortgage recording tax. In
return for these onerous taxes and fees, they receive minimal services
from the MTA. In fact, the Volpe Study on improved rail/bus service
estimates that the east end pays $40 to $60 million more for services
than what is received from the MTA on an annual basis. Despite the
fact that this area does not have the same level of New York City
commuters, they pay the same as those who benefit from ample services.

This legislation further provides for the renegotiation of the joint
service agreement between the MTA and the State of Connecticut related
to the operation of the Metro North New Haven line. The monies saved
by reducing services and expenses related to the Metro North new Haven
lien by an amount which produces recurring savings to the MTA would
help to offset the cost of exempting the towns of Brookhaven, East
Hampton, Riverhead, Shelter Island, Southold and Southampton from this
tax.

It is necessary to avoid any further inequitable taxation on those
town undeserved by the MTA which comprise the Peconic Bay Region and
the town of Brookhaven. Therefore, enactment of this legislation is
necessary to exempt these areas from the MTA's employer payroll tax.

LEGISLATIVE HISTORY : 2013-14 S.1772A/A.1217A; 2011-12 S.2871; 2010
S.6311A.8635B

FISCAL IMPLICATIONS : To be determined.

EFFECTIVE DATE : Immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 319                                                     A. 92

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Investi-
  gations and Government Operations

IN ASSEMBLY -- Introduced by M. of A. THIELE, ENGLEBRIGHT --  read  once
  and referred to the Committee on Ways and Means

AN ACT to amend the tax law, in relation to the definition of the metro-
  politan  commuter  transportation  district  for  the  purposes of the
  metropolitan commuter transportation mobility tax; and  to  amend  the
  public  authorities  law,  in  relation  to requiring the metropolitan
  transportation authority to renegotiate the  joint  service  operating
  agreement with the state of Connecticut

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. Pursuant to chapter 25 of the laws of
2009, the legislature did enact the metropolitan mobility tax within the
twelve  county  region  constituting  the  metropolitan   transportation
district.  The  legislature hereby finds that the residents of the towns
of Brookhaven, East Hampton, Riverhead,  Shelter  Island,  Southold  and
Southampton  in  the  county  of  Suffolk  receive  minimal mass transit
services from the metropolitan transportation authority. Further,  these
towns  already  pay  substantial  taxes  to  the  MTA  for these minimal
services, including increased sales taxes and mortgage recording  taxes.
It  has  been estimated these six towns contribute more than $60 million
annually to the MTA than they receive back in service.
  In the interest of tax fairness and to avoid such additional inequita-
ble taxation on these towns, it is the purpose of  this  act  to  exempt
such  towns  from the newly adopted metropolitan commuter transportation
mobility tax.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00734-01-5

S. 319                              2                              A. 92

  S 2. Subsection (a) of section 800 of the tax law, as added by section
1 of part C of chapter 25 of the laws of 2009, is  amended  to  read  as
follows:
  (a)  Metropolitan  commuter  transportation district. The metropolitan
commuter transportation district ("MCTD") means the area  of  the  state
included  in the district created and governed by section twelve hundred
sixty-two of the public authorities law, EXCEPT THAT FOR THE PURPOSES OF
THIS ARTICLE, THE TOWNS OF BROOKHAVEN, EAST HAMPTON, RIVERHEAD,  SHELTER
ISLAND,  SOUTHAMPTON  AND  SOUTHOLD  IN SUFFOLK COUNTY SHALL BE EXCLUDED
FROM THE DISTRICT FOR THE PURPOSES OF  THIS  ARTICLE  AND  ANY  REVENUES
PREVIOUSLY  COLLECTED  FROM WITHIN THESE COUNTIES SHALL BE REIMBURSED TO
EACH PAYOR BY MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN.
  S 3.  Section 1266 of the public authorities law is amended by  adding
a new subdivision 19 to read as follows:
  19.  THE  AUTHORITY  IS  REQUIRED  BY MARCH THIRTY-FIRST, TWO THOUSAND
SIXTEEN TO:
  (A) RENEGOTIATE THE JOINT SERVICE AGREEMENT BETWEEN THE AUTHORITY  AND
THE STATE OF CONNECTICUT RELATED TO THE OPERATION OF THE METRO-NORTH NEW
HAVEN  LINE  TO  (I)  REQUIRE  CONNECTICUT  TO  SET  NEW HAVEN LINE FARE
INCREASES AT LEVELS NECESSARY TO SUSTAIN EQUIVALENT FARE LEVELS  BETWEEN
NEW  YORK  STATE  RESIDENTS RIDING THE METRO-NORTH COMMUTER RAILROAD AND
CONNECTICUT RESIDENTS RIDING THE  METRO-NORTH  COMMUTER  RAILROAD,  (II)
REQUIRE  THAT  CONNECTICUT  OPERATING  DEFICIT SUBSIDY PAYMENTS SHALL BE
BASED ON CONNECTICUT RESIDENT UTILIZATION OF  THE  METRO-NORTH  COMMUTER
RAILROAD AND CONNECTICUT RESIDENT UTILIZATION OF THE NEW YORK CITY TRAN-
SIT  AUTHORITY  WITH  SUCH SUBSIDIES TO BE DETERMINED BY MULTIPLYING THE
CONNECTICUT RESIDENT UTILIZATION PERCENTAGES FOR THE METRO-NORTH  COMMU-
TER  RAILROAD  AND THE NEW YORK CITY TRANSIT AUTHORITY BY THE RESPECTIVE
BASELINE OPERATING DEFICIT OF THESE OPERATING ENTITIES PRIOR TO  SUBSIDY
ADJUSTMENTS AND PRIOR TO INCREASED REVENUES PROVIDED TO THE AUTHORITY BY
NEW  YORK STATE RESIDENTS PURSUANT TO PAYMENTS MANDATED BY CHAPTER TWEN-
TY-FIVE OF THE LAWS OF TWO THOUSAND NINE, AND (III) PROVIDE FOR RETROAC-
TIVE LUMP SUM PAYMENTS DUE FROM THE  STATE  OF  CONNECTICUT  RELATED  TO
CALENDAR YEAR TWO THOUSAND NINE; OR
  (B)  REDUCE SERVICES AND EXPENSES RELATED TO THE METRO-NORTH NEW HAVEN
LINE OPERATION BY AN AMOUNT WHICH  PRODUCES  RECURRING  SAVINGS  TO  THE
AUTHORITY  WHICH ARE EQUIVALENT TO THE INCREASED JOINT SERVICE AGREEMENT
PAYMENTS WHICH WOULD BE DETERMINED UNDER PARAGRAPH (A) OF THIS  SUBDIVI-
SION.
  S 4. This act shall take effect immediately.

S319A - Bill Details

See Assembly Version of this Bill:
A92
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §800, Tax L; amd §1266, Pub Auth L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1772A, A1217A
2011-2012: S2871A, A4170A
2009-2010: S6311, A8635B

S319A - Bill Texts

view summary

Relates to the definition of the metropolitan commuter transportation district for the purposes of the metropolitan commuter transportation mobility tax; requires the metropolitan transportation authority to renegotiate the joint service operating agreement with the state of Connecticut.

view sponsor memo
BILL NUMBER: S319A

TITLE OF BILL : An act to amend the tax law, in relation to the
definition of the metropolitan commuter transportation district for
the purposes of the metropolitan commuter transportation mobility tax;
and to amend the public authorities law, in relation to requiring the
metropolitan transportation authority to renegotiate the joint service
operating agreement with the state of Connecticut

PURPOSE :

This legislation would exempt all employers within the towns of
Brookhaven, East Hampton, Riverhead, Shelter Island, Southampton and
Southold in Suffolk County from the Metropolitan Transportation
Authority's payroll tax as implemented by Chapter 25 of the Laws of
2009.

SUMMARY OF PROVISIONS :

Section 1. Legislative finds. The town of Brookhaven, East Hampton,
Riverhead, Shelter Island, Southold and Southampton in the County of
Suffolk already pay substantial taxes and mortgage recording taxes to
the MTA for the minimal mass transit services they receive. As such,
the aforementioned towns should be exempt from the newly Metropolitan
commuter Transportation mobility tax.

Section 2. Amends subdivision(A) of section 800 of the tax law, as
added by Section 1 of part C of Chapter 25 of the Laws of 2009 to
exclude the town of Brookhaven, East Hampton, Riverhead, Shelter
Island, Southampton and Southold in Suffolk County from the
Metropolitan Commuter Transportation District.

Section 3. Amends Section 1266 of the public authorities law by adding
a new subdivision 19 requiring the renegotiation of the joint service
agreement between the MTA and the state of Connecticut relating to the
operation of the Metro-North New Haven line and reducing its services
and expenses by March 31, 2017.

Section 4. Provides for an immediate effective date of this act.

JUSTIFICATION :

Chapter 25 of the Laws of 2009 implements various supplemental fees
and taxes for the 12 county Metropolitan Commuter Transportation
District (MCTD) in an effort to financially bailout the MTA.
Provisions of this package include a 0.34% payroll tax for all
employers in MCTD, which includes the town of Brookhaven and the towns
which comprise the Peconic Bay Region located on the east end of Long
Island (East Hampton, Riverhead, Shelter Island, Southampton and
Southold). The Peconic Bay Region alone has a population of
approximately 140,000 and represents 1.1% of the MCTD.

This measure will surely have a devastating effect on every local
employer located within the Peconic Bay Region and the town of
Brookhaven. This new expense will ultimately have to be passed along
by those employers through higher prices and increased property taxes.
Residents of these areas already heavily subsidize the MTA through
increased fares, additional sales tax and a mortgage recording tax. In
return for these onerous taxes and fees, they receive minimal services
from the MTA. In fact, the Volpe Study on improved rail/bus service
estimates that the east end pays $40 to $60 million more for services
than what is received from the MTA on an annual basis. Despite the
fact that this area does not have the same level of New York City
commuters, they pay the same as those who benefit from ample services.


This legislation further provides for the renegotiation of the joint
service agreement between the MTA and the State of Connecticut related
to the operation of the Metro North New Haven line. The monies saved
by reducing services and expenses related to the Metro North new Haven
lien by an amount which produces recurring savings to the MTA would
help to offset the cost of exempting the towns of Brookhaven, East
Hampton, Riverhead, Shelter Island, Southold and Southampton from this
tax.

It is necessary to avoid any further inequitable taxation on those
town undeserved by the MTA which comprise the Peconic Bay Region and
the town of Brookhaven. Therefore, enactment of this legislation is
necessary to exempt these areas from the MTA's employer payroll tax.

LEGISLATIVE HISTORY :

2013-14 S.1772A/A.1217A;
2011-12 S.2871;
2010 S.6311/A.8635B

FISCAL IMPLICATIONS :

To be determined.

EFFECTIVE DATE :
Immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 319--A                                               A. 92--A

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Investi-
  gations and Government Operations -- recommitted to the  Committee  on
  Investigations  and  Government  Operations  in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE, ENGLEBRIGHT -- Multi-Spon-
  sored by -- M. of A. MURRAY -- read once and referred to the Committee
  on Ways and Means -- recommitted to the Committee on Ways and Means in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the tax law, in relation to the definition of the metro-
  politan  commuter  transportation  district  for  the  purposes of the
  metropolitan commuter transportation mobility tax; and  to  amend  the
  public  authorities  law,  in  relation  to requiring the metropolitan
  transportation authority to renegotiate the  joint  service  operating
  agreement with the state of Connecticut

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. Pursuant to chapter 25 of the laws of
2009, the legislature did enact the metropolitan mobility tax within the
twelve  county  region  constituting  the  metropolitan   transportation
district.  The  legislature hereby finds that the residents of the towns
of Brookhaven, East Hampton, Riverhead,  Shelter  Island,  Southold  and
Southampton  in  the  county  of  Suffolk  receive  minimal mass transit
services from the metropolitan transportation authority. Further,  these
towns  already  pay  substantial  taxes  to  the  MTA  for these minimal
services, including increased sales taxes and mortgage recording  taxes.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00734-02-6

S. 319--A                           2                           A. 92--A

It  has  been estimated these six towns contribute more than $60 million
annually to the MTA than they receive back in service.
  In the interest of tax fairness and to avoid such additional inequita-
ble  taxation  on  these  towns, it is the purpose of this act to exempt
such towns from the newly adopted metropolitan  commuter  transportation
mobility tax.
  S 2. Subsection (a) of section 800 of the tax law, as added by section
1  of  part  C  of chapter 25 of the laws of 2009, is amended to read as
follows:
  (a) Metropolitan commuter transportation  district.  The  metropolitan
commuter  transportation  district  ("MCTD") means the area of the state
included in the district created and governed by section twelve  hundred
sixty-two of the public authorities law, EXCEPT THAT FOR THE PURPOSES OF
THIS  ARTICLE, THE TOWNS OF BROOKHAVEN, EAST HAMPTON, RIVERHEAD, SHELTER
ISLAND, SOUTHAMPTON AND SOUTHOLD IN SUFFOLK  COUNTY  SHALL  BE  EXCLUDED
FROM  THE  DISTRICT  FOR  THE  PURPOSES OF THIS ARTICLE AND ANY REVENUES
PREVIOUSLY COLLECTED FROM WITHIN THESE COUNTIES SHALL BE  REIMBURSED  TO
EACH PAYOR BY MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
  S  3.  Section 1266 of the public authorities law is amended by adding
a new subdivision 19 to read as follows:
  19. THE AUTHORITY IS REQUIRED  BY  MARCH  THIRTY-FIRST,  TWO  THOUSAND
SEVENTEEN TO:
  (A)  RENEGOTIATE THE JOINT SERVICE AGREEMENT BETWEEN THE AUTHORITY AND
THE STATE OF CONNECTICUT RELATED TO THE OPERATION OF THE METRO-NORTH NEW
HAVEN LINE TO (I)  REQUIRE  CONNECTICUT  TO  SET  NEW  HAVEN  LINE  FARE
INCREASES  AT LEVELS NECESSARY TO SUSTAIN EQUIVALENT FARE LEVELS BETWEEN
NEW YORK STATE RESIDENTS RIDING THE METRO-NORTH  COMMUTER  RAILROAD  AND
CONNECTICUT  RESIDENTS  RIDING  THE  METRO-NORTH COMMUTER RAILROAD, (II)
REQUIRE THAT CONNECTICUT OPERATING DEFICIT  SUBSIDY  PAYMENTS  SHALL  BE
BASED  ON  CONNECTICUT  RESIDENT UTILIZATION OF THE METRO-NORTH COMMUTER
RAILROAD AND CONNECTICUT RESIDENT UTILIZATION OF THE NEW YORK CITY TRAN-
SIT AUTHORITY WITH SUCH SUBSIDIES TO BE DETERMINED  BY  MULTIPLYING  THE
CONNECTICUT  RESIDENT UTILIZATION PERCENTAGES FOR THE METRO-NORTH COMMU-
TER RAILROAD AND THE NEW YORK CITY TRANSIT AUTHORITY BY  THE  RESPECTIVE
BASELINE  OPERATING DEFICIT OF THESE OPERATING ENTITIES PRIOR TO SUBSIDY
ADJUSTMENTS AND PRIOR TO INCREASED REVENUES PROVIDED TO THE AUTHORITY BY
NEW YORK STATE RESIDENTS PURSUANT TO PAYMENTS MANDATED BY CHAPTER  TWEN-
TY-FIVE OF THE LAWS OF TWO THOUSAND NINE, AND (III) PROVIDE FOR RETROAC-
TIVE  LUMP  SUM  PAYMENTS  DUE  FROM THE STATE OF CONNECTICUT RELATED TO
CALENDAR YEAR TWO THOUSAND NINE; OR
  (B) REDUCE SERVICES AND EXPENSES RELATED TO THE METRO-NORTH NEW  HAVEN
LINE  OPERATION  BY  AN  AMOUNT  WHICH PRODUCES RECURRING SAVINGS TO THE
AUTHORITY WHICH ARE EQUIVALENT TO THE INCREASED JOINT SERVICE  AGREEMENT
PAYMENTS  WHICH WOULD BE DETERMINED UNDER PARAGRAPH (A) OF THIS SUBDIVI-
SION.
  S 4. This act shall take effect immediately.

senate Bill S320

2015-2016 Legislative Session

Provides that new passenger-type motor vehicles manufactured for sale in New York state on or after January 1, 2017 shall be offered for sale with a spare tire and jack

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 22, 2016 print number 320a
amend and recommit to consumer protection
Jan 06, 2016 referred to consumer protection
Jan 07, 2015 referred to consumer protection

Bill Amendments

S320
S320A
S320
S320A

S320 - Bill Details

See Assembly Version of this Bill:
A100
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §198-d, Gen Bus L
Versions Introduced in 2013-2014 Legislative Session:
S7499, A9676

S320 - Bill Texts

view summary

Provides that new passenger-type motor vehicles manufactured for sale in New York state on or after January 1, 2017 shall be offered for sale with a spare tire and jack.

view sponsor memo
BILL NUMBER: S320

TITLE OF BILL : An act to amend the general business law, in
relation to providing that new passenger-type motor vehicles shall be
offered for sale with a spare tire and jack

PURPOSE :

To insure that buyers of new automobiles have the option of having a
jack and spare time with their purchase.

SUMMARY OF PROVISIONS :

This bill would require that all new cars be offered with a spare tire
and jack. It would allow the purchaser to waive this requirement. The
waiver must be in writing and signed by the purchaser who must be
provided the copy.

JUSTIFICATION :

A number of auto makers are beginning to offer new models for sale
without jacks and spare tires. They are offering a variety of
substitutes such as run-flat tires and tire repair kits which may have
some efficacy. However, none of the substitutes provide the assurance
to a driver that if he or she has a blowout they have the on board
ability to continue on without some outside assistance. This bill
would allow for the purchaser to waive this requirement insuring that
the purchaser is fully aware at the time of purchase that the vehicle
is not equipped with the jack and spare.

LEGISLATIVE HISTORY :

2014: S.7499/A.9676

FISCAL IMPLICATIONS :

None to the State.

EFFECTIVE DATE :
This act shall take effect immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 320                                                    A. 100

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Consumer
  Protection

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to the Committee on Consumer Affairs and Protection

AN  ACT to amend the general business law, in relation to providing that
  new passenger-type motor vehicles shall be offered  for  sale  with  a
  spare tire and jack

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
198-d to read as follows:
  S 198-D. SPARE TIRE AND JACK REQUIRED. (A)  EVERY  NEW  PASSENGER-TYPE
MOTOR  VEHICLE,  EXCEPT  A MOTORCYCLE, MANUFACTURED FOR SALE IN NEW YORK
STATE ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN SHALL  BE  OFFERED
FOR SALE WITH A SPARE TIRE AND JACK. FOR PURPOSES OF THIS SECTION:
  (1) "PASSENGER-TYPE MOTOR VEHICLE" SHALL MEAN ANY MOTOR VEHICLE WITH A
SEATING CAPACITY OF NOT MORE THAN EIGHT ADULTS;
  (2)  "SPARE  TIRE"  SHALL MEAN A TIRE MOUNTED ON A WHEEL AND INFLATED,
WHICH IS EITHER ATTACHED TO THE OUTSIDE OF THE MOTOR VEHICLE  OR  STOWED
IN  A COMPARTMENT WITHIN SUCH MOTOR VEHICLE. A SPARE TIRE MAY BE A FULL-
SIZE TIRE OR A TEMPORARY TIRE, COMMONLY REFERRED TO AS A "DONUT"; AND
  (3) "JACK" SHALL MEAN A DEVICE CAPABLE OF RAISING OR LIFTING  A  MOTOR
VEHICLE FOR THE PURPOSE OF CHANGING ANY TIRE ON SUCH MOTOR VEHICLE.
  (B) ANY VIOLATION OF THE PROVISIONS OF THIS SECTION BY ANY MANUFACTUR-
ER OF MOTOR VEHICLES SHALL CONSTITUTE AN OFFENSE AND SHALL BE PUNISHABLE
BY  A  CIVIL  FINE OF NOT MORE THAN SEVEN HUNDRED FIFTY DOLLARS FOR EACH
OFFENSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02400-01-5

S. 320                              2                             A. 100

  (C) ANY BUYER OF A MOTOR VEHICLE THAT IS SUBJECT TO THE PROVISIONS  OF
THIS  SECTION MAY WAIVE THE REQUIREMENT FORTH IN SUBDIVISION (A) OF THIS
SECTION, PROVIDED THAT THE WAIVER IS MADE IN WRITING AND A COPY OF  SUCH
WAIVER CONTAINING THE BUYER'S SIGNATURE IS PROVIDED TO SUCH BUYER.
  S 3. This act shall take effect immediately.

S320A - Bill Details

See Assembly Version of this Bill:
A100
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §198-d, Gen Bus L
Versions Introduced in 2013-2014 Legislative Session:
S7499, A9676

S320A - Bill Texts

view summary

Provides that new passenger-type motor vehicles manufactured for sale in New York state on or after January 1, 2017 shall be offered for sale with a spare tire and jack.

view sponsor memo
BILL NUMBER: S320A

TITLE OF BILL : An act to amend the general business law, in
relation to providing that new passenger-type motor vehicles shall be
offered for sale with a spare tire and jack

PURPOSE : To insure that buyers of new automobiles have the option
of having a jack and spare tire with their purchase.

SUMMARY OF PROVISIONS : This bill would require that all new cars be
offered with a spare tire and jack. It would allow the purchaser to
waive this requirement. The waiver must be in writing and signed by
the purchaser who must be provided the copy.

JUSTIFICATION : A number of auto makers are beginning to offer new
models for sale without jacks and spare tires. They are offering a
variety of substitutes such as run-flat tires and tire repair kits
which may have some efficacy. However, none of the substitutes provide
the assurance to a driver that if he or she has a blow out they have
the on board ability to continue on without some outside assistance.
This bill would allow for the purchaser to waive this requirement
insuring that the purchaser is fully aware at the time of purchase
that the vehicle is not equipped with the jack and spare.

LEGISLATIVE HISTORY : 2014 S.7499/A.9676

FISCAL IMPLICATIONS : None to the State.

EFFECTIVE DATE : Immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 320--A                                              A. 100--A

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Consumer
  Protection -- recommitted to the Committee on Consumer  Protection  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

IN  ASSEMBLY  -- Introduced by M. of A. THIELE, SCHIMEL -- read once and
  referred to the Committee on Consumer Affairs and Protection -- recom-
  mitted to the Committee on Consumer Affairs and Protection in  accord-
  ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to amend the general business law, in relation to providing that
  new passenger-type motor vehicles shall be offered  for  sale  with  a
  spare tire and jack

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
198-d to read as follows:
  S 198-D. SPARE TIRE AND JACK REQUIRED. (A)  EVERY  NEW  PASSENGER-TYPE
MOTOR  VEHICLE,  EXCEPT  A MOTORCYCLE, MANUFACTURED FOR SALE IN NEW YORK
STATE ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN SHALL BE OFFERED
FOR SALE WITH A SPARE TIRE AND JACK. FOR PURPOSES OF THIS SECTION:
  (1) "PASSENGER-TYPE MOTOR VEHICLE" SHALL MEAN ANY MOTOR VEHICLE WITH A
SEATING CAPACITY OF NOT MORE THAN EIGHT ADULTS;
  (2) "SPARE TIRE" SHALL MEAN A TIRE MOUNTED ON A  WHEEL  AND  INFLATED,
WHICH  IS  EITHER ATTACHED TO THE OUTSIDE OF THE MOTOR VEHICLE OR STOWED
IN A COMPARTMENT WITHIN SUCH MOTOR VEHICLE. A SPARE TIRE MAY BE A  FULL-
SIZE TIRE OR A TEMPORARY TIRE, COMMONLY REFERRED TO AS A "DONUT"; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02400-03-6

S. 320--A                           2                          A. 100--A

  (3)  "JACK"  SHALL MEAN A DEVICE CAPABLE OF RAISING OR LIFTING A MOTOR
VEHICLE FOR THE PURPOSE OF CHANGING ANY TIRE ON SUCH MOTOR VEHICLE.
  (B) ANY VIOLATION OF THE PROVISIONS OF THIS SECTION BY ANY MANUFACTUR-
ER OF MOTOR VEHICLES SHALL CONSTITUTE AN OFFENSE AND SHALL BE PUNISHABLE
BY  A  CIVIL  FINE OF NOT MORE THAN SEVEN HUNDRED FIFTY DOLLARS FOR EACH
OFFENSE.
  (C) ANY BUYER OF A MOTOR VEHICLE THAT IS SUBJECT TO THE PROVISIONS  OF
THIS  SECTION  MAY WAIVE THE REQUIREMENT SET FORTH IN SUBDIVISION (A) OF
THIS SECTION, PROVIDED THAT THE WAIVER IS MADE IN WRITING AND A COPY  OF
SUCH WAIVER CONTAINING THE BUYER'S SIGNATURE IS PROVIDED TO SUCH BUYER.
  S 2. This act shall take effect immediately.

senate Bill S321B

2015-2016 Legislative Session

Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk

download bill text pdf

Sponsored By

Current Bill Status Via A99 - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2016 returned to assembly
passed senate
3rd reading cal.1853
substituted for s321d
Jun 16, 2016 substituted by a99d
ordered to third reading cal.1853
committee discharged and committed to rules
May 26, 2016 print number 321d
amend and recommit to local government
May 16, 2016 print number 321c
amend (t) and recommit to local government
Jan 06, 2016 referred to local government
May 22, 2015 print number 321b
amend and recommit to local government
May 19, 2015 print number 321a
amend (t) and recommit to local government
Jan 07, 2015 referred to local government

Bill Amendments

S321
S321A
S321B
S321C
S321D
S321
S321A
S321B
S321C
S321D

S321 - Bill Details

See Assembly Version of this Bill:
A99B
Law Section:
Town Law
Laws Affected:
Amd §§190, 193, 198, 202, 202-b, 209-a & 209-d, add §190-h, Town L
Versions Introduced in 2013-2014 Legislative Session:
S7205, A9522

S321 - Bill Texts

view summary

Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk.

view sponsor memo
BILL NUMBER: S321

TITLE OF BILL : An act to amend the town law and the public
authorities law, in relation to the establishment, extension, powers
and expenses of underground utility improvement districts

PURPOSE :

Relates to the establishment, extension, powers and expenses of
underground utility improvement districts.

SUMMARY OF PROVISIONS :

Section 1. Section 190 of the Town Law is amended to allow town boards
of any town to establish or extend an underground utility improvement
district.

Section 2. Amends paragraph a of subdivision 1 of Section 193 of the
Town Law relating to the procedure to be followed whenever a petition
shall be presented to the town board for the establishment or
extension of an underground utility improvement district.

Section 3. Section 198 of the Town Law is amended by adding a new
subdivision 10-h establishing a procedure to be followed by the town
board after an underground utility improvement district has been
established.

Section 4. Subdivision 3 of Section 202 of the Town Law is amended
relating to the leveraging of fees associated with the establishment
of an underground utility improvement district.

Section 5. Subdivision 2 of Section 202-b of the Town Law relating to
the town board's ability, on behalf of an underground utility
improvement district, to provide necessary maintenance.

Section 6. Subdivision 1 of Section 209-a of the Town Law is amended
to include underground utility improvement districts within the term
"improvement district".

Section 7. Subdivision 1 of Section 209-d of the Town Law is amended
relating to public notification.

Section 8. Section 1020-g of the Public Authorities Law is amended to
provide that a town in the service area of a public authority which
has established an underground utility improvement district in order
to underground the authority's public utility facilities, may petition
the authority to contribute to the distinct at least 50% of the net
incremental cost of improvements for the district pursuant to the
provisions of this subdivision. Defines "net incremental cost" as the
difference between the total cost of constructing public utility
facilities underground and the total cost of constructing such
facilities overhead. Any state or federal aid to construct such public
utility facilities shall also be subtracted from the net incremental
cost.

Section 9. Effective date.

JUSTIFICATION :

Much of New York's communication and electrical infrastructure
currently exists as overhead public utilities. However, as seen with
recent storms, overhead utilities are much more susceptible to wind
damage and falling trees and branches, and provide a much less
reliable service during storms. Additionally, many communities in New
York are seeking to protect the rural, scenic and historic character
of their downtowns and open, preserved spaces. Overhead utilities and
expansion of those utilities often are not consistent with the goals
of local planning and zoning regulations.

Because there may be certain communities which are more susceptible to
extreme weather events or may want to protect the rural, scenic and/or
historic character of their community, this bill would provide a
mechanism by which municipalities may create utility improvement
districts to raise funds to place utilities underground.

LEGISLATIVE HISTORY :

2014: A.9522/S.7205

FISCAL IMPLICATIONS :

To be determined

EFFECTIVE DATE :
This act shall take effect immediately.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 321                                                     A. 99

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Local Governments

AN ACT to amend the town law and the public authorities law, in relation
  to the establishment, extension, powers and  expenses  of  underground
  utility improvement 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:
  S  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,   UNDERGROUND  UTILITY  IMPROVEMENT
DISTRICT, and in any town bordering upon or containing within its bound-
aries 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  estab-
lished  or  extended to include lands situate 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02393-01-5

S. 321                              2                              A. 99

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 referendum.
  S  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, UNDERGROUND UTILITY
IMPROVEMENT  DISTRICT,  or  a  fallout shelter 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 exten-
sion 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 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.  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  esti-
mated  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.
  S 3. Section 198 of the town law is amended by adding a  new  subdivi-
sion 10-h to read as follows:
  10-H.  UNDERGROUND  UTILITY IMPROVEMENT DISTRICT. AFTER AN UNDERGROUND
UTILITY IMPROVEMENT 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  ACTIONS  AS
MAY  BE  REQUIRED WITH A PUBLIC UTILITY COMPANY, MUNICIPALITY, OR PUBLIC
AUTHORITY IN ORDER TO CONSTRUCT UNDERGROUND NEW PUBLIC  UTILITY  FACILI-
TIES  OR  CONVERT  EXISTING OVERHEAD PUBLIC UTILITY FACILITIES TO UNDER-
GROUND FACILITIES. FOR THE PURPOSES OF THIS SUBDIVISION, "PUBLIC UTILITY
FACILITIES" SHALL INCLUDE THE TRANSMISSION  AND  DISTRIBUTION  OF  ELEC-
TRICAL  ENERGY,  TELEPHONE  LINES, AND CABLE TELEVISION LINES, INCLUDING
POLES, WIRES, AND ALL ASSOCIATED STRUCTURES.

S. 321                              3                              A. 99

  S 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,   UNDERGROUND  UTILITY  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 ninety-nine OF
THIS ARTICLE, 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, lighting
district, watershed protection improvement district, UNDERGROUND UTILITY
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 UNDERGROUND UTILITY  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,  OR FOR UNDERGROUND UTILITY IMPROVEMENT DISTRICT,
pursuant to such petition or order, shall be assessed on the lands with-
in 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  OF
THIS  ARTICLE  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.
  S  5.  Subdivision  2  of section 202-b of the town law, as amended by
chapter 378 of the laws of 2012, is amended to read as follows:
  2. The town board may, on behalf of a park, public parking, ambulance,
lighting, snow removal,  refuse  and  garbage,  public  dock,  watershed
protection   improvement   district,   UNDERGROUND  UTILITY  IMPROVEMENT
DISTRICT, or beach erosion control district, and within the  limitations
of  section one hundred ninety-eight of this chapter, acquire additional
apparatus and  equipment  and  replace  obsolete,  inadequate,  damaged,
destroyed  or  worn-out  apparatus  and  equipment, and it may construct
additional  facilities  and  appurtenances  thereto  or  reconstruct  or
replace  obsolete, inadequate, damaged, destroyed or worn-out facilities
and appurtenances thereto. Such expenditure shall be authorized  in  the
manner  provided in subdivision one of this section, except that the map

S. 321                              4                              A. 99

and plan described by said subdivision one shall not be required. Howev-
er, nothing herein contained shall be construed to  limit  or  supersede
the  provisions  of  section  seventy-two hundred three of the education
law.
  S  6.  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 UNDER-
GROUND UTILITY IMPROVEMENT DISTRICT, or ambulance district in any  town,
and,  in any town bordering upon or containing within its boundaries any
navigable water of this state a public dock  or  beach  erosion  control
district;
  S  7.  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
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, UNDERGROUND
UTILITY  IMPROVEMENT  DISTRICT,  or  beach  erosion  control district is
proposed, such order may contain a statement that the cost of construct-
ing 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, OR FOR UNDERGROUND UTILITY  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

S. 321                              5                              A. 99

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.
  S 8. Section 1020-g of the public authorities law is amended by adding
a new subdivision (o) to read as follows:
  (O)  (I)  WHERE A TOWN IN THE SERVICE AREA OF THE AUTHORITY HAS ESTAB-
LISHED AN UNDERGROUND UTILITY IMPROVEMENT DISTRICT IN  ORDER  TO  UNDER-
GROUND  THE  AUTHORITY'S  PUBLIC UTILITY FACILITIES, PURSUANT TO ARTICLE
TWELVE OR TWELVE-A OF THE TOWN LAW, SUCH TOWN MAY PETITION THE AUTHORITY
TO CONTRIBUTE TO THE DISTRICT AT LEAST FIFTY PERCENT (50%)  OF  THE  NET
INCREMENTAL  COST  OF  IMPROVEMENTS  FOR  THE  DISTRICT  PURSUANT TO THE
PROVISIONS OF THIS SUBDIVISION. "NET  INCREMENTAL  COST"  SHALL  BE  THE
DIFFERENCE BETWEEN THE TOTAL COST OF CONSTRUCTING PUBLIC UTILITY FACILI-
TIES  UNDERGROUND  AND  THE  TOTAL  COST OF CONSTRUCTING SUCH FACILITIES
OVERHEAD. THE TERM "PUBLIC UTILITY FACILITIES" SHALL HAVE THE SAME MEAN-
ING AS IN SUBDIVISION TEN-H OF SECTION ONE HUNDRED NINETY-EIGHT  OF  THE
TOWN  LAW.  ANY  STATE  OR  FEDERAL AID TO CONSTRUCT SUCH PUBLIC UTILITY
FACILITIES SHALL ALSO BE SUBTRACTED FROM NET INCREMENTAL COST.
  (II) THE AUTHORITY AND THE TOWN SHALL HOLD A JOINT PUBLIC  HEARING  ON
THE PETITION OF THE TOWN.
  (III)  THE AUTHORITY AND THE TOWN SHALL DETERMINE WHETHER OR NOT FUND-
ING BY THE AUTHORITY IS IN THE GENERAL PUBLIC INTEREST.
  (IV) IN DETERMINING GENERAL PUBLIC INTEREST, THE TOWN AND THE AUTHORI-
TY SHALL CONSIDER: (A) WHETHER THE PROJECT WILL AVOID  OR  ELIMINATE  AN
UNUSUALLY HEAVY CONCENTRATION OF OVERHEAD ELECTRIC PUBLIC UTILITY FACIL-
ITIES,  OR  (B) WHETHER THE STREET OR ROADWAY IS EXTENSIVELY USED BY THE
GENERAL PUBLIC AND CARRIES A HEAVY VOLUME OF PEDESTRIAN OR VEHICLE TRAF-
FIC, OR (C) THE STREET OR ROADWAY PASSES THROUGH AN  AREA  WHICH  IS  OF
GENERAL  PUBLIC INTEREST BASED UPON OPEN SPACE RESOURCES, FARMLAND PRES-
ERVATION RESOURCES, HISTORIC PRESERVATION RESOURCES, PARK AND RECREATION
RESOURCES, OR SCENIC OR AESTHETIC RESOURCES.
  (V) THE AUTHORITY SHALL COMMIT TO PAY AT LEAST FIFTY PERCENT (50%)  OF
THE  NET  INCREMENTAL  COST  OF THE IMPROVEMENTS OF THE DISTRICT, IF THE
AUTHORITY AND THE TOWN EACH FIND THAT ANY  OF  THE  THREE  STANDARDS  IN
PARAGRAPH (IV) OF THIS SUBDIVISION ARE MET.
  (VI)  ANY  DETERMINATION  UNDER  THIS  SUBDIVISION SHALL BE SUBJECT TO
REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE  LAW  AND
RULES.
  S 9. This act shall take effect immediately.

S321A - Bill Details

See Assembly Version of this Bill:
A99B
Law Section:
Town Law
Laws Affected:
Amd §§190, 193, 198, 202, 202-b, 209-a & 209-d, add §190-h, Town L
Versions Introduced in 2013-2014 Legislative Session:
S7205, A9522

S321A - Bill Texts

view summary

Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk.

view sponsor memo
BILL NUMBER:S321A

TITLE OF BILL:

An act to amend the town law, in relation to the establishment,
extension, powers and expenses of underground utility improvement
districts

PURPOSE:

Relates to the establishment, extension, powers and expenses of
underground utility improvement districts.

SUMMARY OF PROVISIONS:

Section 1. Section 190 of the Town Law is amended to allow town boards
of any town to establish or extend an underground utility improvement
district.

Section 2. Amends Town Law by adding a new Section 190-h to provide
that the provisions shall only apply to Suffolk and Nassau Counties.

Section 3. Paragraph a of subdivision 1 of Section 193 of the Town Law
relating to the procedure to be followed whenever a petition shall be
presented to the town board for the establishment or extension of an
underground utility improvement district.

Section 4. Section 198 of the Town Law is amended by adding a new
subdivision 10-h establishing a procedure to be followed by the town
board after an underground utility improvement district has been
established.

Section 5. Subdivision 3 of Section 202 of the Town Law is amended
relating to the leveraging of fees associated with the establishment
of an underground utility improvement district

Section 6. Subdivision 2 of Section 202-b of the Town Law relating to
the town board's ability, on behalf of an underground utility
improvement district, to provide necessary maintenance.

Section 7. Subdivision 1 of Section 209-a of the Town Law is amended
to include underground utility improvement districts within the term
"improvement district".

Section 8. Subdivision 1 of Section 209-d of the Town Law is amended
relating to public notification.

Section 9. Effective date.

JUSTIFICATION:

Much of New York's communication and electrical infrastructure
currently exists as overhead public utilities. However, as seen with
recent storms, overhead utilities are much more susceptible to wind
damage and falling trees and branches, and provide a much less
reliable service during storms. Additionally, many communities in New
York are seeking to protect the rural, scenic and historic character


of their downtowns and open, preserved spaces. Overhead utilities and
expansion of those utilities often are not consistent with the goals
of local planning and zoning regulations.

Because there may be certain communities which are more susceptible to
extreme weather events or may want to protect the rural, scenic and/or
historic character of their community, this bill would provide a
mechanism by which municipalities may create utility improvement
districts to raise funds to place utilities underground.

LEGISLATIVE HISTORY:

2014: A.9522/S.7205

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 321--A                                               A. 99--A

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to  the  Committee  on Local Governments -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the town law, in relation to the establishment, exten-
  sion, powers and expenses of underground utility improvement 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:
  S 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,   UNDERGROUND   UTILITY   IMPROVEMENT
DISTRICT, and in any town bordering upon or containing within its bound-
aries 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 estab-
lished or extended to include lands situate 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02393-03-5

S. 321--A                           2                           A. 99--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 referendum.
  S  2. The town law is amended by adding a new section 190-h to read as
follows:
  S 190-H. APPLICABILITY. THE PROVISIONS  OF  THIS  ARTICLE  SHALL  ONLY
APPLY  WITHIN  COUNTIES  WITH  A POPULATION OF ONE MILLION OR MORE WHICH
DRAW THEIR PRIMARY SOURCE OF DRINKING WATER FOR  A  MAJORITY  OF  COUNTY
RESIDENTS FROM A DESIGNATED SOLE SOURCE AQUIFER.
  S  3.  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, UNDERGROUND UTILITY
IMPROVEMENT  DISTRICT,  or  a  fallout shelter 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 exten-
sion 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 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.  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  esti-
mated  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.
  S 4. Section 198 of the town law is amended by adding a  new  subdivi-
sion 10-h to read as follows:
  10-H.  UNDERGROUND  UTILITY IMPROVEMENT DISTRICT. AFTER AN UNDERGROUND
UTILITY IMPROVEMENT 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  ACTIONS  AS

S. 321--A                           3                           A. 99--A

MAY  BE  REQUIRED WITH A PUBLIC UTILITY COMPANY, MUNICIPALITY, OR PUBLIC
AUTHORITY IN ORDER TO CONSTRUCT UNDERGROUND NEW PUBLIC  UTILITY  FACILI-
TIES  OR  CONVERT  EXISTING OVERHEAD PUBLIC UTILITY FACILITIES TO UNDER-
GROUND FACILITIES. FOR THE PURPOSES OF THIS SUBDIVISION, "PUBLIC UTILITY
FACILITIES"  SHALL  INCLUDE  THE  TRANSMISSION AND DISTRIBUTION OF ELEC-
TRICAL ENERGY, TELEPHONE LINES, AND CABLE  TELEVISION  LINES,  INCLUDING
POLES, WIRES, AND ALL ASSOCIATED STRUCTURES.
  S 5. 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,   UNDERGROUND  UTILITY  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 ninety-nine OF
THIS ARTICLE, 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, lighting
district, watershed protection improvement district, UNDERGROUND UTILITY
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 UNDERGROUND UTILITY  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,  OR FOR UNDERGROUND UTILITY IMPROVEMENT DISTRICT,
pursuant to such petition or order, shall be assessed on the lands with-
in 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  OF
THIS  ARTICLE  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.
  S  6.  Subdivision  2  of section 202-b of the town law, as amended by
chapter 378 of the laws of 2012, is amended to read as follows:
  2. The town board may, on behalf of a park, public parking, ambulance,
lighting, snow removal,  refuse  and  garbage,  public  dock,  watershed
protection   improvement   district,   UNDERGROUND  UTILITY  IMPROVEMENT
DISTRICT, or beach erosion control district, and within the  limitations

S. 321--A                           4                           A. 99--A

of  section one hundred ninety-eight of this chapter, acquire additional
apparatus and  equipment  and  replace  obsolete,  inadequate,  damaged,
destroyed  or  worn-out  apparatus  and  equipment, and it may construct
additional  facilities  and  appurtenances  thereto  or  reconstruct  or
replace obsolete, inadequate, damaged, destroyed or worn-out  facilities
and  appurtenances  thereto. Such expenditure shall be authorized in the
manner provided in subdivision one of this section, except that the  map
and plan described by said subdivision one shall not be required. Howev-
er,  nothing  herein  contained shall be construed to limit or supersede
the provisions of section seventy-two hundred  three  of  the  education
law.
  S  7.  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 UNDER-
GROUND UTILITY IMPROVEMENT DISTRICT, or ambulance district in any  town,
and,  in any town bordering upon or containing within its boundaries any
navigable water of this state a public dock  or  beach  erosion  control
district;
  S  8.  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
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, UNDERGROUND
UTILITY  IMPROVEMENT  DISTRICT,  or  beach  erosion  control district is
proposed, such order may contain a statement that the cost of construct-
ing the water system, sidewalks or acquiring lands for public parking or

S. 321--A                           5                           A. 99--A

for refuse  and  garbage  purposes,  or  aquatic  plant  growth  control
purposes  or  for  beach  erosion  control  or  for watershed protection
improvement purposes, OR FOR UNDERGROUND UTILITY  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.
  S 9. This act shall take effect immediately.

S321B - Bill Details

See Assembly Version of this Bill:
A99B
Law Section:
Town Law
Laws Affected:
Amd §§190, 193, 198, 202, 202-b, 209-a & 209-d, add §190-h, Town L
Versions Introduced in 2013-2014 Legislative Session:
S7205, A9522

S321B - Bill Texts

view summary

Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk.

view sponsor memo
BILL NUMBER:S321B

TITLE OF BILL: An act to amend the town law, in relation to the
establishment, extension, powers and expenses of underground utility
improvement districts

PURPOSE: Relates to the establishment, extension, powers and expenses
of underground utility improvement districts.

SUMMARY OF PROVISIONS: Section 1. Section 190 of the Town Law is
amended to allow town boards of any town to establish or extend an
underground utility improvement district.

Section 2. Amends Town Law by adding a new Section 190-h to provide
that the provisions shall only apply to Suffolk and Nassau Counties.

Section 3. Paragraph a of subdivision 1 of Section 193 of the Town Law
relating to the procedure to be followed whenever a petition shall be
presented to the town board for the establishment or extension of an
underground utility improvement district.

Section 4. Section 198 of the Town Law is amended by adding a new
subdivision 10-h establishing a procedure to be followed by the town
board after an underground utility improvement district has been
established.

Section 5. Subdivision 3 of Section 202 of the Town Law is amended
relating to the leveraging of fees associated with the establishment
of an underground utility improvement district

Section 6. Subdivision 2 of Section 202-b of the Town Law relating to
the town board's ability, on behalf of an underground utility
improvement district, to provide necessary maintenance.

Section 7. Subdivision 1 of Section 209-a of the Town Law is amended
to include underground utility improvement districts within the term
"improvement district",

Section 8. Subdivision 1 of Section 209-d of the Town Law is amended
relating to public notification.

Section 9. Effective date.

JUSTIFICATION: Much of New York's communication and electrical
infrastructure currently exists as overhead public utilities.
However, as seen with recent storms, overhead utilities are much more
susceptible to wind damage and falling trees and branches, and provide
a much less reliable service during storms. Additionally, many
communities in New York are seeking to protect the rural, scenic and
historic character of their downtowns and open, preserved spaces.
Overhead utilities and expansion of those utilities often are not
consistent with the goals of local planning and zoning regulations.

Because there may be certain communities which are more susceptible to
extreme weather events or may want to protect the rural, scenic and/or
historic character of their community, this bill would provide a


mechanism by which municipalities may create utility improvement
districts to raise funds to place utilities underground.

LEGISLATIVE HISTORY: 2014: A.9522/S.7205

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 321--B                                               A. 99--B

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to  the  Committee  on Local Governments -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the town law, in relation to the  establishment,  exten-
  sion, powers and expenses of underground utility improvement 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:
  S  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,   UNDERGROUND  UTILITY  IMPROVEMENT
DISTRICT, and in any town bordering upon or containing within its bound-
aries 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  estab-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02393-04-5

S. 321--B                           2                           A. 99--B

lished  or  extended to include lands situate 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 referendum.
  S  2. The town law is amended by adding a new section 190-h to read as
follows:
  S 190-H. APPLICABILITY. FOR  PURPOSES  OF  THIS  ARTICLE  AND  ARTICLE
TWELVE-A  OF  THIS  CHAPTER, THE ESTABLISHMENT OF AN UNDERGROUND UTILITY
DISTRICT SHALL ONLY BE AUTHORIZED TO OCCUR WITHIN A COUNTY WITH A  POPU-
LATION  OF ONE MILLION OR MORE WHICH DRAW THEIR PRIMARY SOURCE OF DRINK-
ING WATER FOR A MAJORITY OF COUNTY  RESIDENTS  FROM  A  DESIGNATED  SOLE
SOURCE AQUIFER.
  S  3.  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, UNDERGROUND UTILITY
IMPROVEMENT  DISTRICT,  or  a  fallout shelter 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 exten-
sion 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 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.  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  esti-
mated  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.

S. 321--B                           3                           A. 99--B

  S 4. Section 198 of the town law is amended by adding a  new  subdivi-
sion 10-h to read as follows:
  10-H.  UNDERGROUND  UTILITY IMPROVEMENT DISTRICT. AFTER AN UNDERGROUND
UTILITY IMPROVEMENT 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  ACTIONS  AS
MAY  BE  REQUIRED WITH A PUBLIC UTILITY COMPANY, MUNICIPALITY, OR PUBLIC
AUTHORITY IN ORDER TO CONSTRUCT UNDERGROUND NEW PUBLIC  UTILITY  FACILI-
TIES  OR  CONVERT  EXISTING OVERHEAD PUBLIC UTILITY FACILITIES TO UNDER-
GROUND FACILITIES. FOR THE PURPOSES OF THIS SUBDIVISION, "PUBLIC UTILITY
FACILITIES" SHALL INCLUDE THE TRANSMISSION  AND  DISTRIBUTION  OF  ELEC-
TRICAL  ENERGY,  TELEPHONE  LINES, AND CABLE TELEVISION LINES, INCLUDING
POLES, WIRES, AND ALL ASSOCIATED STRUCTURES.
  S 5. 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,   UNDERGROUND   UTILITY   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  ninety-nine  OF
THIS  ARTICLE,  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, lighting
district, watershed protection improvement district, UNDERGROUND UTILITY
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  UNDERGROUND  UTILITY  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, OR FOR UNDERGROUND UTILITY  IMPROVEMENT  DISTRICT,
pursuant to such petition or order, shall be assessed on the lands with-
in  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 OF
THIS ARTICLE 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.

S. 321--B                           4                           A. 99--B

  S 6. Subdivision 2 of section 202-b of the town  law,  as  amended  by
chapter 378 of the laws of 2012, is amended to read as follows:
  2. The town board may, on behalf of a park, public parking, ambulance,
lighting,  snow  removal,  refuse  and  garbage,  public dock, watershed
protection  improvement  district,   UNDERGROUND   UTILITY   IMPROVEMENT
DISTRICT,  or beach erosion control district, and within the limitations
of section one hundred ninety-eight of this chapter, acquire  additional
apparatus  and  equipment  and  replace  obsolete,  inadequate, damaged,
destroyed or worn-out apparatus and  equipment,  and  it  may  construct
additional  facilities  and  appurtenances  thereto  or  reconstruct  or
replace obsolete, inadequate, damaged, destroyed or worn-out  facilities
and  appurtenances  thereto. Such expenditure shall be authorized in the
manner provided in subdivision one of this section, except that the  map
and plan described by said subdivision one shall not be required. Howev-
er,  nothing  herein  contained shall be construed to limit or supersede
the provisions of section seventy-two hundred  three  of  the  education
law.
  S  7.  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 UNDER-
GROUND UTILITY IMPROVEMENT DISTRICT, or ambulance district in any  town,
and,  in any town bordering upon or containing within its boundaries any
navigable water of this state a public dock  or  beach  erosion  control
district;
  S  8.  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
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

S. 321--B                           5                           A. 99--B

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, UNDERGROUND
UTILITY  IMPROVEMENT  DISTRICT,  or  beach  erosion  control district is
proposed, such order may contain a statement that the cost of construct-
ing 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, OR FOR UNDERGROUND UTILITY  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.
  S 9. This act shall take effect immediately.

S321C - Bill Details

See Assembly Version of this Bill:
A99B
Law Section:
Town Law
Laws Affected:
Amd §§190, 193, 198, 202, 202-b, 209-a & 209-d, add §190-h, Town L
Versions Introduced in 2013-2014 Legislative Session:
S7205, A9522

S321C - Bill Texts

view summary

Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk.

view sponsor memo
BILL NUMBER: S321C

TITLE OF BILL : An act authorizing the town of East Hampton, Suffolk
county, to establish an underground utility improvement district

PURPOSE :

Relates to the establishment of an underground utility improvement
districts by the Town of East Hampton.

SUMMARY OF PROVISIONS :

The Town of East Hampton is authorized to establish an underground
utility improvement district pursuant to Articles 12 and 12-A of the
Town Law.

JUSTIFICATION :

Much of New York's communication and electrical infrastructure
currently exists as overhead public utilities. However, as seen with
recent storms, overhead utilities are much more susceptible to wind
damage and falling trees and branches, and provide a much less
reliable service during storms. Additionally, many communities in New
York are seeking to protect the rural, scenic and historic character
of their downtowns and open, preserved spaces. Overhead utilities and
expansion of those utilities often are not consistent with the goals
of local planning and zoning regulations.

Because there may be certain communities which are more susceptible to
extreme weather events or may want to protect the rural, scenic and/or
historic character of their community, this bill would provide a
mechanism by which the Town of East Hampton may establish an
underground utility improvement district to raise funds to place
utilities underground.

LEGISLATIVE HISTORY :

2014: A.9522/S.7205

FISCAL IMPLICATIONS :

To be determined

EFFECTIVE DATE :
This act shall take effect immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 321--C                                               A. 99--C

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- recommitted to  the  Committee  on  Local  Government  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Local Governments --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Local Governments in accordance with Assembly Rule
  3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT  authorizing the town of East Hampton, Suffolk county, to estab-
  lish an underground utility improvement district

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  town  of  East Hampton, in the county of Suffolk, is
hereby  authorized  to  establish  an  underground  utility  improvement
district  pursuant  to  articles  12 and 12-A of the town law. Such road
improvement district shall be established, funded, operated  and  other-
wise  controlled  by  the provisions of articles 12 and 12-A of the town
law and the provisions of this act. To the extent that the provisions of
this act shall in any way be in conflict with articles 12  and  12-A  of
the town law, the provisions of this act shall be controlling.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02393-05-6

S. 321--C                           2                           A. 99--C

  S 2. The purpose of the underground utility improvement district shall
be  to take such action as may be required to adopt plans and specifica-
tions and enter into a contract or contracts, or take such other actions
as may be required with  a  public  utility  company,  municipality,  or
public  authority  in  order to construct underground new public utility
facilities or convert existing overhead  public  utility  facilities  to
underground  facilities.  For  the purposes of this act, "public utility
facilities" shall include the transmission  and  distribution  of  elec-
trical  energy,  telephone  lines, and cable television lines, including
poles, wires, and all associated structures.
  S 3. This act shall take effect immediately.

S321D - Bill Details

See Assembly Version of this Bill:
A99B
Law Section:
Town Law
Laws Affected:
Amd §§190, 193, 198, 202, 202-b, 209-a & 209-d, add §190-h, Town L
Versions Introduced in 2013-2014 Legislative Session:
S7205, A9522

S321D - Bill Texts

view summary

Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk.

view sponsor memo
BILL NUMBER: S321D REVISED MEMO 06/10/2016

TITLE OF BILL : An act authorizing the town of East Hampton, Suffolk
county, to establish an underground utility improvement district

PURPOSE :

To allow the Town of East Hampton, in the County of Suffolk, to
establish an underground utility improvement district.

SUMMARY OF PROVISIONS :

Section 1. Authorizes the Town of East Hampton, County of Suffolk, to
establish an underground utility improvement district.

Section 2. Provides that after the Town of East Hampton establishes an
underground utility improvement district, 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 actions as may be
required for the conversion of existing overhead utility facilities to
underground facilities and construction of new underground facilities
for utilities.

Section 3. Effective date.

JUSTIFICATION :

The East End of Long Island, specifically the Town of East Hampton, a
peninsula situated on the far eastern tip of Long Island, is very
susceptible to extreme coastal storms no matter the season. These
coastal storms are often accompanied by high and sustained winds,
coastal flooding and erosion. Existing overhead utilities in the Town
of East Hampton are prone to wind damage and falling trees and
branches which cause a severe decrease in the reliability of utility
services during storms. There has also been a growing demand and
awareness of the benefits of placing utilities infrastructure
underground to lessen the amount of service disruptions during storms
and also to preserve the aesthetics of the community. This bill would
authorize the Town of East Hampton to establish an underground utility
improvement district which will provide a mechanism to raise funds and
enter into contracts with incumbent utilities providing service within
the district to construct new public utilities underground or convert
existing overhead public utility facilities to underground facilities.

LEGISLATIVE HISTORY :

2014 S.7205/A.9522

FISCAL IMPLICATIONS :

None to the State.

EFFECTIVE DATE :
Immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 321--D                                               A. 99--D

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- recommitted to  the  Committee  on  Local  Government  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to  the  Committee  on Local Governments -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Local Governments in accordance with Assembly Rule
  3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- again reported from  said
  committee  with amendments, ordered reprinted as amended and recommit-
  ted to said committee

AN ACT authorizing the town of East Hampton, Suffolk county,  to  estab-
  lish an underground utility improvement district

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The town of East Hampton, in  the  county  of  Suffolk,  is
hereby  authorized  to  establish  an  underground  utility  improvement
district pursuant to articles 12 and 12-A of the town law.  Such  under-
ground  utility improvement district shall be established, funded, oper-
ated and otherwise controlled by the provisions of articles 12 and  12-A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02393-06-6

S. 321--D                           2                           A. 99--D

of  the  town law and the provisions of this act. To the extent that the
provisions of this act shall in any way be in conflict with articles  12
and  12-A  of the town law, the provisions of this act shall be control-
ling.
  S  2.    After  an  underground  utility improvement 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 actions as may be required,  for  the  conversion  of
existing  overhead  utility  facilities  to  underground  facilities and
construction of new underground facilities for utilities.
  S 3. This act shall take effect immediately.

senate Bill S321A

2015-2016 Legislative Session

Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk

download bill text pdf

Sponsored By

Current Bill Status Via A99 - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2016 returned to assembly
passed senate
3rd reading cal.1853
substituted for s321d
Jun 16, 2016 substituted by a99d
ordered to third reading cal.1853
committee discharged and committed to rules
May 26, 2016 print number 321d
amend and recommit to local government
May 16, 2016 print number 321c
amend (t) and recommit to local government
Jan 06, 2016 referred to local government
May 22, 2015 print number 321b
amend and recommit to local government
May 19, 2015 print number 321a
amend (t) and recommit to local government
Jan 07, 2015 referred to local government

Bill Amendments

S321
S321A
S321B
S321C
S321D
S321
S321A
S321B
S321C
S321D

S321 - Bill Details

See Assembly Version of this Bill:
A99A
Law Section:
Town Law
Laws Affected:
Amd §§190, 193, 198, 202, 202-b, 209-a & 209-d, add §190-h, Town L
Versions Introduced in 2013-2014 Legislative Session:
S7205, A9522

S321 - Bill Texts

view summary

Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk.

view sponsor memo
BILL NUMBER: S321

TITLE OF BILL : An act to amend the town law and the public
authorities law, in relation to the establishment, extension, powers
and expenses of underground utility improvement districts

PURPOSE :

Relates to the establishment, extension, powers and expenses of
underground utility improvement districts.

SUMMARY OF PROVISIONS :

Section 1. Section 190 of the Town Law is amended to allow town boards
of any town to establish or extend an underground utility improvement
district.

Section 2. Amends paragraph a of subdivision 1 of Section 193 of the
Town Law relating to the procedure to be followed whenever a petition
shall be presented to the town board for the establishment or
extension of an underground utility improvement district.

Section 3. Section 198 of the Town Law is amended by adding a new
subdivision 10-h establishing a procedure to be followed by the town
board after an underground utility improvement district has been
established.

Section 4. Subdivision 3 of Section 202 of the Town Law is amended
relating to the leveraging of fees associated with the establishment
of an underground utility improvement district.

Section 5. Subdivision 2 of Section 202-b of the Town Law relating to
the town board's ability, on behalf of an underground utility
improvement district, to provide necessary maintenance.

Section 6. Subdivision 1 of Section 209-a of the Town Law is amended
to include underground utility improvement districts within the term
"improvement district".

Section 7. Subdivision 1 of Section 209-d of the Town Law is amended
relating to public notification.

Section 8. Section 1020-g of the Public Authorities Law is amended to
provide that a town in the service area of a public authority which
has established an underground utility improvement district in order
to underground the authority's public utility facilities, may petition
the authority to contribute to the distinct at least 50% of the net
incremental cost of improvements for the district pursuant to the
provisions of this subdivision. Defines "net incremental cost" as the
difference between the total cost of constructing public utility
facilities underground and the total cost of constructing such
facilities overhead. Any state or federal aid to construct such public
utility facilities shall also be subtracted from the net incremental
cost.

Section 9. Effective date.

JUSTIFICATION :

Much of New York's communication and electrical infrastructure
currently exists as overhead public utilities. However, as seen with
recent storms, overhead utilities are much more susceptible to wind
damage and falling trees and branches, and provide a much less
reliable service during storms. Additionally, many communities in New
York are seeking to protect the rural, scenic and historic character
of their downtowns and open, preserved spaces. Overhead utilities and
expansion of those utilities often are not consistent with the goals
of local planning and zoning regulations.

Because there may be certain communities which are more susceptible to
extreme weather events or may want to protect the rural, scenic and/or
historic character of their community, this bill would provide a
mechanism by which municipalities may create utility improvement
districts to raise funds to place utilities underground.

LEGISLATIVE HISTORY :

2014: A.9522/S.7205

FISCAL IMPLICATIONS :

To be determined

EFFECTIVE DATE :
This act shall take effect immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 321                                                     A. 99

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Local Governments

AN ACT to amend the town law and the public authorities law, in relation
  to the establishment, extension, powers and  expenses  of  underground
  utility improvement 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:
  S  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,   UNDERGROUND  UTILITY  IMPROVEMENT
DISTRICT, and in any town bordering upon or containing within its bound-
aries 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  estab-
lished  or  extended to include lands situate 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02393-01-5

S. 321                              2                              A. 99

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 referendum.
  S  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, UNDERGROUND UTILITY
IMPROVEMENT  DISTRICT,  or  a  fallout shelter 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 exten-
sion 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 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.  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  esti-
mated  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.
  S 3. Section 198 of the town law is amended by adding a  new  subdivi-
sion 10-h to read as follows:
  10-H.  UNDERGROUND  UTILITY IMPROVEMENT DISTRICT. AFTER AN UNDERGROUND
UTILITY IMPROVEMENT 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  ACTIONS  AS
MAY  BE  REQUIRED WITH A PUBLIC UTILITY COMPANY, MUNICIPALITY, OR PUBLIC
AUTHORITY IN ORDER TO CONSTRUCT UNDERGROUND NEW PUBLIC  UTILITY  FACILI-
TIES  OR  CONVERT  EXISTING OVERHEAD PUBLIC UTILITY FACILITIES TO UNDER-
GROUND FACILITIES. FOR THE PURPOSES OF THIS SUBDIVISION, "PUBLIC UTILITY
FACILITIES" SHALL INCLUDE THE TRANSMISSION  AND  DISTRIBUTION  OF  ELEC-
TRICAL  ENERGY,  TELEPHONE  LINES, AND CABLE TELEVISION LINES, INCLUDING
POLES, WIRES, AND ALL ASSOCIATED STRUCTURES.

S. 321                              3                              A. 99

  S 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,   UNDERGROUND  UTILITY  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 ninety-nine OF
THIS ARTICLE, 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, lighting
district, watershed protection improvement district, UNDERGROUND UTILITY
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 UNDERGROUND UTILITY  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,  OR FOR UNDERGROUND UTILITY IMPROVEMENT DISTRICT,
pursuant to such petition or order, shall be assessed on the lands with-
in 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  OF
THIS  ARTICLE  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.
  S  5.  Subdivision  2  of section 202-b of the town law, as amended by
chapter 378 of the laws of 2012, is amended to read as follows:
  2. The town board may, on behalf of a park, public parking, ambulance,
lighting, snow removal,  refuse  and  garbage,  public  dock,  watershed
protection   improvement   district,   UNDERGROUND  UTILITY  IMPROVEMENT
DISTRICT, or beach erosion control district, and within the  limitations
of  section one hundred ninety-eight of this chapter, acquire additional
apparatus and  equipment  and  replace  obsolete,  inadequate,  damaged,
destroyed  or  worn-out  apparatus  and  equipment, and it may construct
additional  facilities  and  appurtenances  thereto  or  reconstruct  or
replace  obsolete, inadequate, damaged, destroyed or worn-out facilities
and appurtenances thereto. Such expenditure shall be authorized  in  the
manner  provided in subdivision one of this section, except that the map

S. 321                              4                              A. 99

and plan described by said subdivision one shall not be required. Howev-
er, nothing herein contained shall be construed to  limit  or  supersede
the  provisions  of  section  seventy-two hundred three of the education
law.
  S  6.  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 UNDER-
GROUND UTILITY IMPROVEMENT DISTRICT, or ambulance district in any  town,
and,  in any town bordering upon or containing within its boundaries any
navigable water of this state a public dock  or  beach  erosion  control
district;
  S  7.  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
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, UNDERGROUND
UTILITY  IMPROVEMENT  DISTRICT,  or  beach  erosion  control district is
proposed, such order may contain a statement that the cost of construct-
ing 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, OR FOR UNDERGROUND UTILITY  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

S. 321                              5                              A. 99

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.
  S 8. Section 1020-g of the public authorities law is amended by adding
a new subdivision (o) to read as follows:
  (O)  (I)  WHERE A TOWN IN THE SERVICE AREA OF THE AUTHORITY HAS ESTAB-
LISHED AN UNDERGROUND UTILITY IMPROVEMENT DISTRICT IN  ORDER  TO  UNDER-
GROUND  THE  AUTHORITY'S  PUBLIC UTILITY FACILITIES, PURSUANT TO ARTICLE
TWELVE OR TWELVE-A OF THE TOWN LAW, SUCH TOWN MAY PETITION THE AUTHORITY
TO CONTRIBUTE TO THE DISTRICT AT LEAST FIFTY PERCENT (50%)  OF  THE  NET
INCREMENTAL  COST  OF  IMPROVEMENTS  FOR  THE  DISTRICT  PURSUANT TO THE
PROVISIONS OF THIS SUBDIVISION. "NET  INCREMENTAL  COST"  SHALL  BE  THE
DIFFERENCE BETWEEN THE TOTAL COST OF CONSTRUCTING PUBLIC UTILITY FACILI-
TIES  UNDERGROUND  AND  THE  TOTAL  COST OF CONSTRUCTING SUCH FACILITIES
OVERHEAD. THE TERM "PUBLIC UTILITY FACILITIES" SHALL HAVE THE SAME MEAN-
ING AS IN SUBDIVISION TEN-H OF SECTION ONE HUNDRED NINETY-EIGHT  OF  THE
TOWN  LAW.  ANY  STATE  OR  FEDERAL AID TO CONSTRUCT SUCH PUBLIC UTILITY
FACILITIES SHALL ALSO BE SUBTRACTED FROM NET INCREMENTAL COST.
  (II) THE AUTHORITY AND THE TOWN SHALL HOLD A JOINT PUBLIC  HEARING  ON
THE PETITION OF THE TOWN.
  (III)  THE AUTHORITY AND THE TOWN SHALL DETERMINE WHETHER OR NOT FUND-
ING BY THE AUTHORITY IS IN THE GENERAL PUBLIC INTEREST.
  (IV) IN DETERMINING GENERAL PUBLIC INTEREST, THE TOWN AND THE AUTHORI-
TY SHALL CONSIDER: (A) WHETHER THE PROJECT WILL AVOID  OR  ELIMINATE  AN
UNUSUALLY HEAVY CONCENTRATION OF OVERHEAD ELECTRIC PUBLIC UTILITY FACIL-
ITIES,  OR  (B) WHETHER THE STREET OR ROADWAY IS EXTENSIVELY USED BY THE
GENERAL PUBLIC AND CARRIES A HEAVY VOLUME OF PEDESTRIAN OR VEHICLE TRAF-
FIC, OR (C) THE STREET OR ROADWAY PASSES THROUGH AN  AREA  WHICH  IS  OF
GENERAL  PUBLIC INTEREST BASED UPON OPEN SPACE RESOURCES, FARMLAND PRES-
ERVATION RESOURCES, HISTORIC PRESERVATION RESOURCES, PARK AND RECREATION
RESOURCES, OR SCENIC OR AESTHETIC RESOURCES.
  (V) THE AUTHORITY SHALL COMMIT TO PAY AT LEAST FIFTY PERCENT (50%)  OF
THE  NET  INCREMENTAL  COST  OF THE IMPROVEMENTS OF THE DISTRICT, IF THE
AUTHORITY AND THE TOWN EACH FIND THAT ANY  OF  THE  THREE  STANDARDS  IN
PARAGRAPH (IV) OF THIS SUBDIVISION ARE MET.
  (VI)  ANY  DETERMINATION  UNDER  THIS  SUBDIVISION SHALL BE SUBJECT TO
REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE  LAW  AND
RULES.
  S 9. This act shall take effect immediately.

S321A - Bill Details

See Assembly Version of this Bill:
A99A
Law Section:
Town Law
Laws Affected:
Amd §§190, 193, 198, 202, 202-b, 209-a & 209-d, add §190-h, Town L
Versions Introduced in 2013-2014 Legislative Session:
S7205, A9522

S321A - Bill Texts

view summary

Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk.

view sponsor memo
BILL NUMBER:S321A

TITLE OF BILL:

An act to amend the town law, in relation to the establishment,
extension, powers and expenses of underground utility improvement
districts

PURPOSE:

Relates to the establishment, extension, powers and expenses of
underground utility improvement districts.

SUMMARY OF PROVISIONS:

Section 1. Section 190 of the Town Law is amended to allow town boards
of any town to establish or extend an underground utility improvement
district.

Section 2. Amends Town Law by adding a new Section 190-h to provide
that the provisions shall only apply to Suffolk and Nassau Counties.

Section 3. Paragraph a of subdivision 1 of Section 193 of the Town Law
relating to the procedure to be followed whenever a petition shall be
presented to the town board for the establishment or extension of an
underground utility improvement district.

Section 4. Section 198 of the Town Law is amended by adding a new
subdivision 10-h establishing a procedure to be followed by the town
board after an underground utility improvement district has been
established.

Section 5. Subdivision 3 of Section 202 of the Town Law is amended
relating to the leveraging of fees associated with the establishment
of an underground utility improvement district

Section 6. Subdivision 2 of Section 202-b of the Town Law relating to
the town board's ability, on behalf of an underground utility
improvement district, to provide necessary maintenance.

Section 7. Subdivision 1 of Section 209-a of the Town Law is amended
to include underground utility improvement districts within the term
"improvement district".

Section 8. Subdivision 1 of Section 209-d of the Town Law is amended
relating to public notification.

Section 9. Effective date.

JUSTIFICATION:

Much of New York's communication and electrical infrastructure
currently exists as overhead public utilities. However, as seen with
recent storms, overhead utilities are much more susceptible to wind
damage and falling trees and branches, and provide a much less
reliable service during storms. Additionally, many communities in New
York are seeking to protect the rural, scenic and historic character


of their downtowns and open, preserved spaces. Overhead utilities and
expansion of those utilities often are not consistent with the goals
of local planning and zoning regulations.

Because there may be certain communities which are more susceptible to
extreme weather events or may want to protect the rural, scenic and/or
historic character of their community, this bill would provide a
mechanism by which municipalities may create utility improvement
districts to raise funds to place utilities underground.

LEGISLATIVE HISTORY:

2014: A.9522/S.7205

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 321--A                                               A. 99--A

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to  the  Committee  on Local Governments -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the town law, in relation to the establishment, exten-
  sion, powers and expenses of underground utility improvement 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:
  S 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,   UNDERGROUND   UTILITY   IMPROVEMENT
DISTRICT, and in any town bordering upon or containing within its bound-
aries 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 estab-
lished or extended to include lands situate 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02393-03-5

S. 321--A                           2                           A. 99--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 referendum.
  S  2. The town law is amended by adding a new section 190-h to read as
follows:
  S 190-H. APPLICABILITY. THE PROVISIONS  OF  THIS  ARTICLE  SHALL  ONLY
APPLY  WITHIN  COUNTIES  WITH  A POPULATION OF ONE MILLION OR MORE WHICH
DRAW THEIR PRIMARY SOURCE OF DRINKING WATER FOR  A  MAJORITY  OF  COUNTY
RESIDENTS FROM A DESIGNATED SOLE SOURCE AQUIFER.
  S  3.  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, UNDERGROUND UTILITY
IMPROVEMENT  DISTRICT,  or  a  fallout shelter 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 exten-
sion 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 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.  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  esti-
mated  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.
  S 4. Section 198 of the town law is amended by adding a  new  subdivi-
sion 10-h to read as follows:
  10-H.  UNDERGROUND  UTILITY IMPROVEMENT DISTRICT. AFTER AN UNDERGROUND
UTILITY IMPROVEMENT 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  ACTIONS  AS

S. 321--A                           3                           A. 99--A

MAY  BE  REQUIRED WITH A PUBLIC UTILITY COMPANY, MUNICIPALITY, OR PUBLIC
AUTHORITY IN ORDER TO CONSTRUCT UNDERGROUND NEW PUBLIC  UTILITY  FACILI-
TIES  OR  CONVERT  EXISTING OVERHEAD PUBLIC UTILITY FACILITIES TO UNDER-
GROUND FACILITIES. FOR THE PURPOSES OF THIS SUBDIVISION, "PUBLIC UTILITY
FACILITIES"  SHALL  INCLUDE  THE  TRANSMISSION AND DISTRIBUTION OF ELEC-
TRICAL ENERGY, TELEPHONE LINES, AND CABLE  TELEVISION  LINES,  INCLUDING
POLES, WIRES, AND ALL ASSOCIATED STRUCTURES.
  S 5. 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,   UNDERGROUND  UTILITY  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 ninety-nine OF
THIS ARTICLE, 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, lighting
district, watershed protection improvement district, UNDERGROUND UTILITY
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 UNDERGROUND UTILITY  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,  OR FOR UNDERGROUND UTILITY IMPROVEMENT DISTRICT,
pursuant to such petition or order, shall be assessed on the lands with-
in 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  OF
THIS  ARTICLE  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.
  S  6.  Subdivision  2  of section 202-b of the town law, as amended by
chapter 378 of the laws of 2012, is amended to read as follows:
  2. The town board may, on behalf of a park, public parking, ambulance,
lighting, snow removal,  refuse  and  garbage,  public  dock,  watershed
protection   improvement   district,   UNDERGROUND  UTILITY  IMPROVEMENT
DISTRICT, or beach erosion control district, and within the  limitations

S. 321--A                           4                           A. 99--A

of  section one hundred ninety-eight of this chapter, acquire additional
apparatus and  equipment  and  replace  obsolete,  inadequate,  damaged,
destroyed  or  worn-out  apparatus  and  equipment, and it may construct
additional  facilities  and  appurtenances  thereto  or  reconstruct  or
replace obsolete, inadequate, damaged, destroyed or worn-out  facilities
and  appurtenances  thereto. Such expenditure shall be authorized in the
manner provided in subdivision one of this section, except that the  map
and plan described by said subdivision one shall not be required. Howev-
er,  nothing  herein  contained shall be construed to limit or supersede
the provisions of section seventy-two hundred  three  of  the  education
law.
  S  7.  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 UNDER-
GROUND UTILITY IMPROVEMENT DISTRICT, or ambulance district in any  town,
and,  in any town bordering upon or containing within its boundaries any
navigable water of this state a public dock  or  beach  erosion  control
district;
  S  8.  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
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, UNDERGROUND
UTILITY  IMPROVEMENT  DISTRICT,  or  beach  erosion  control district is
proposed, such order may contain a statement that the cost of construct-
ing the water system, sidewalks or acquiring lands for public parking or

S. 321--A                           5                           A. 99--A

for refuse  and  garbage  purposes,  or  aquatic  plant  growth  control
purposes  or  for  beach  erosion  control  or  for watershed protection
improvement purposes, OR FOR UNDERGROUND UTILITY  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.
  S 9. This act shall take effect immediately.

S321B - Bill Details

See Assembly Version of this Bill:
A99A
Law Section:
Town Law
Laws Affected:
Amd §§190, 193, 198, 202, 202-b, 209-a & 209-d, add §190-h, Town L
Versions Introduced in 2013-2014 Legislative Session:
S7205, A9522

S321B - Bill Texts

view summary

Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk.

view sponsor memo
BILL NUMBER:S321B

TITLE OF BILL: An act to amend the town law, in relation to the
establishment, extension, powers and expenses of underground utility
improvement districts

PURPOSE: Relates to the establishment, extension, powers and expenses
of underground utility improvement districts.

SUMMARY OF PROVISIONS: Section 1. Section 190 of the Town Law is
amended to allow town boards of any town to establish or extend an
underground utility improvement district.

Section 2. Amends Town Law by adding a new Section 190-h to provide
that the provisions shall only apply to Suffolk and Nassau Counties.

Section 3. Paragraph a of subdivision 1 of Section 193 of the Town Law
relating to the procedure to be followed whenever a petition shall be
presented to the town board for the establishment or extension of an
underground utility improvement district.

Section 4. Section 198 of the Town Law is amended by adding a new
subdivision 10-h establishing a procedure to be followed by the town
board after an underground utility improvement district has been
established.

Section 5. Subdivision 3 of Section 202 of the Town Law is amended
relating to the leveraging of fees associated with the establishment
of an underground utility improvement district

Section 6. Subdivision 2 of Section 202-b of the Town Law relating to
the town board's ability, on behalf of an underground utility
improvement district, to provide necessary maintenance.

Section 7. Subdivision 1 of Section 209-a of the Town Law is amended
to include underground utility improvement districts within the term
"improvement district",

Section 8. Subdivision 1 of Section 209-d of the Town Law is amended
relating to public notification.

Section 9. Effective date.

JUSTIFICATION: Much of New York's communication and electrical
infrastructure currently exists as overhead public utilities.
However, as seen with recent storms, overhead utilities are much more
susceptible to wind damage and falling trees and branches, and provide
a much less reliable service during storms. Additionally, many
communities in New York are seeking to protect the rural, scenic and
historic character of their downtowns and open, preserved spaces.
Overhead utilities and expansion of those utilities often are not
consistent with the goals of local planning and zoning regulations.

Because there may be certain communities which are more susceptible to
extreme weather events or may want to protect the rural, scenic and/or
historic character of their community, this bill would provide a


mechanism by which municipalities may create utility improvement
districts to raise funds to place utilities underground.

LEGISLATIVE HISTORY: 2014: A.9522/S.7205

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 321--B                                               A. 99--B

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to  the  Committee  on Local Governments -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the town law, in relation to the  establishment,  exten-
  sion, powers and expenses of underground utility improvement 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:
  S  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,   UNDERGROUND  UTILITY  IMPROVEMENT
DISTRICT, and in any town bordering upon or containing within its bound-
aries 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  estab-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02393-04-5

S. 321--B                           2                           A. 99--B

lished  or  extended to include lands situate 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 referendum.
  S  2. The town law is amended by adding a new section 190-h to read as
follows:
  S 190-H. APPLICABILITY. FOR  PURPOSES  OF  THIS  ARTICLE  AND  ARTICLE
TWELVE-A  OF  THIS  CHAPTER, THE ESTABLISHMENT OF AN UNDERGROUND UTILITY
DISTRICT SHALL ONLY BE AUTHORIZED TO OCCUR WITHIN A COUNTY WITH A  POPU-
LATION  OF ONE MILLION OR MORE WHICH DRAW THEIR PRIMARY SOURCE OF DRINK-
ING WATER FOR A MAJORITY OF COUNTY  RESIDENTS  FROM  A  DESIGNATED  SOLE
SOURCE AQUIFER.
  S  3.  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, UNDERGROUND UTILITY
IMPROVEMENT  DISTRICT,  or  a  fallout shelter 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 exten-
sion 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 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.  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  esti-
mated  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.

S. 321--B                           3                           A. 99--B

  S 4. Section 198 of the town law is amended by adding a  new  subdivi-
sion 10-h to read as follows:
  10-H.  UNDERGROUND  UTILITY IMPROVEMENT DISTRICT. AFTER AN UNDERGROUND
UTILITY IMPROVEMENT 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  ACTIONS  AS
MAY  BE  REQUIRED WITH A PUBLIC UTILITY COMPANY, MUNICIPALITY, OR PUBLIC
AUTHORITY IN ORDER TO CONSTRUCT UNDERGROUND NEW PUBLIC  UTILITY  FACILI-
TIES  OR  CONVERT  EXISTING OVERHEAD PUBLIC UTILITY FACILITIES TO UNDER-
GROUND FACILITIES. FOR THE PURPOSES OF THIS SUBDIVISION, "PUBLIC UTILITY
FACILITIES" SHALL INCLUDE THE TRANSMISSION  AND  DISTRIBUTION  OF  ELEC-
TRICAL  ENERGY,  TELEPHONE  LINES, AND CABLE TELEVISION LINES, INCLUDING
POLES, WIRES, AND ALL ASSOCIATED STRUCTURES.
  S 5. 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,   UNDERGROUND   UTILITY   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  ninety-nine  OF
THIS  ARTICLE,  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, lighting
district, watershed protection improvement district, UNDERGROUND UTILITY
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  UNDERGROUND  UTILITY  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, OR FOR UNDERGROUND UTILITY  IMPROVEMENT  DISTRICT,
pursuant to such petition or order, shall be assessed on the lands with-
in  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 OF
THIS ARTICLE 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.

S. 321--B                           4                           A. 99--B

  S 6. Subdivision 2 of section 202-b of the town  law,  as  amended  by
chapter 378 of the laws of 2012, is amended to read as follows:
  2. The town board may, on behalf of a park, public parking, ambulance,
lighting,  snow  removal,  refuse  and  garbage,  public dock, watershed
protection  improvement  district,   UNDERGROUND   UTILITY   IMPROVEMENT
DISTRICT,  or beach erosion control district, and within the limitations
of section one hundred ninety-eight of this chapter, acquire  additional
apparatus  and  equipment  and  replace  obsolete,  inadequate, damaged,
destroyed or worn-out apparatus and  equipment,  and  it  may  construct
additional  facilities  and  appurtenances  thereto  or  reconstruct  or
replace obsolete, inadequate, damaged, destroyed or worn-out  facilities
and  appurtenances  thereto. Such expenditure shall be authorized in the
manner provided in subdivision one of this section, except that the  map
and plan described by said subdivision one shall not be required. Howev-
er,  nothing  herein  contained shall be construed to limit or supersede
the provisions of section seventy-two hundred  three  of  the  education
law.
  S  7.  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 UNDER-
GROUND UTILITY IMPROVEMENT DISTRICT, or ambulance district in any  town,
and,  in any town bordering upon or containing within its boundaries any
navigable water of this state a public dock  or  beach  erosion  control
district;
  S  8.  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
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

S. 321--B                           5                           A. 99--B

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, UNDERGROUND
UTILITY  IMPROVEMENT  DISTRICT,  or  beach  erosion  control district is
proposed, such order may contain a statement that the cost of construct-
ing 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, OR FOR UNDERGROUND UTILITY  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.
  S 9. This act shall take effect immediately.

S321C - Bill Details

See Assembly Version of this Bill:
A99A
Law Section:
Town Law
Laws Affected:
Amd §§190, 193, 198, 202, 202-b, 209-a & 209-d, add §190-h, Town L
Versions Introduced in 2013-2014 Legislative Session:
S7205, A9522

S321C - Bill Texts

view summary

Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk.

view sponsor memo
BILL NUMBER: S321C

TITLE OF BILL : An act authorizing the town of East Hampton, Suffolk
county, to establish an underground utility improvement district

PURPOSE :

Relates to the establishment of an underground utility improvement
districts by the Town of East Hampton.

SUMMARY OF PROVISIONS :

The Town of East Hampton is authorized to establish an underground
utility improvement district pursuant to Articles 12 and 12-A of the
Town Law.

JUSTIFICATION :

Much of New York's communication and electrical infrastructure
currently exists as overhead public utilities. However, as seen with
recent storms, overhead utilities are much more susceptible to wind
damage and falling trees and branches, and provide a much less
reliable service during storms. Additionally, many communities in New
York are seeking to protect the rural, scenic and historic character
of their downtowns and open, preserved spaces. Overhead utilities and
expansion of those utilities often are not consistent with the goals
of local planning and zoning regulations.

Because there may be certain communities which are more susceptible to
extreme weather events or may want to protect the rural, scenic and/or
historic character of their community, this bill would provide a
mechanism by which the Town of East Hampton may establish an
underground utility improvement district to raise funds to place
utilities underground.

LEGISLATIVE HISTORY :

2014: A.9522/S.7205

FISCAL IMPLICATIONS :

To be determined

EFFECTIVE DATE :
This act shall take effect immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 321--C                                               A. 99--C

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- recommitted to  the  Committee  on  Local  Government  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Local Governments --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Local Governments in accordance with Assembly Rule
  3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT  authorizing the town of East Hampton, Suffolk county, to estab-
  lish an underground utility improvement district

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  town  of  East Hampton, in the county of Suffolk, is
hereby  authorized  to  establish  an  underground  utility  improvement
district  pursuant  to  articles  12 and 12-A of the town law. Such road
improvement district shall be established, funded, operated  and  other-
wise  controlled  by  the provisions of articles 12 and 12-A of the town
law and the provisions of this act. To the extent that the provisions of
this act shall in any way be in conflict with articles 12  and  12-A  of
the town law, the provisions of this act shall be controlling.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02393-05-6

S. 321--C                           2                           A. 99--C

  S 2. The purpose of the underground utility improvement district shall
be  to take such action as may be required to adopt plans and specifica-
tions and enter into a contract or contracts, or take such other actions
as may be required with  a  public  utility  company,  municipality,  or
public  authority  in  order to construct underground new public utility
facilities or convert existing overhead  public  utility  facilities  to
underground  facilities.  For  the purposes of this act, "public utility
facilities" shall include the transmission  and  distribution  of  elec-
trical  energy,  telephone  lines, and cable television lines, including
poles, wires, and all associated structures.
  S 3. This act shall take effect immediately.

S321D - Bill Details

See Assembly Version of this Bill:
A99A
Law Section:
Town Law
Laws Affected:
Amd §§190, 193, 198, 202, 202-b, 209-a & 209-d, add §190-h, Town L
Versions Introduced in 2013-2014 Legislative Session:
S7205, A9522

S321D - Bill Texts

view summary

Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk.

view sponsor memo
BILL NUMBER: S321D REVISED MEMO 06/10/2016

TITLE OF BILL : An act authorizing the town of East Hampton, Suffolk
county, to establish an underground utility improvement district

PURPOSE :

To allow the Town of East Hampton, in the County of Suffolk, to
establish an underground utility improvement district.

SUMMARY OF PROVISIONS :

Section 1. Authorizes the Town of East Hampton, County of Suffolk, to
establish an underground utility improvement district.

Section 2. Provides that after the Town of East Hampton establishes an
underground utility improvement district, 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 actions as may be
required for the conversion of existing overhead utility facilities to
underground facilities and construction of new underground facilities
for utilities.

Section 3. Effective date.

JUSTIFICATION :

The East End of Long Island, specifically the Town of East Hampton, a
peninsula situated on the far eastern tip of Long Island, is very
susceptible to extreme coastal storms no matter the season. These
coastal storms are often accompanied by high and sustained winds,
coastal flooding and erosion. Existing overhead utilities in the Town
of East Hampton are prone to wind damage and falling trees and
branches which cause a severe decrease in the reliability of utility
services during storms. There has also been a growing demand and
awareness of the benefits of placing utilities infrastructure
underground to lessen the amount of service disruptions during storms
and also to preserve the aesthetics of the community. This bill would
authorize the Town of East Hampton to establish an underground utility
improvement district which will provide a mechanism to raise funds and
enter into contracts with incumbent utilities providing service within
the district to construct new public utilities underground or convert
existing overhead public utility facilities to underground facilities.

LEGISLATIVE HISTORY :

2014 S.7205/A.9522

FISCAL IMPLICATIONS :

None to the State.

EFFECTIVE DATE :
Immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 321--D                                               A. 99--D

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- recommitted to  the  Committee  on  Local  Government  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to  the  Committee  on Local Governments -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Local Governments in accordance with Assembly Rule
  3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- again reported from  said
  committee  with amendments, ordered reprinted as amended and recommit-
  ted to said committee

AN ACT authorizing the town of East Hampton, Suffolk county,  to  estab-
  lish an underground utility improvement district

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The town of East Hampton, in  the  county  of  Suffolk,  is
hereby  authorized  to  establish  an  underground  utility  improvement
district pursuant to articles 12 and 12-A of the town law.  Such  under-
ground  utility improvement district shall be established, funded, oper-
ated and otherwise controlled by the provisions of articles 12 and  12-A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02393-06-6

S. 321--D                           2                           A. 99--D

of  the  town law and the provisions of this act. To the extent that the
provisions of this act shall in any way be in conflict with articles  12
and  12-A  of the town law, the provisions of this act shall be control-
ling.
  S  2.    After  an  underground  utility improvement 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 actions as may be required,  for  the  conversion  of
existing  overhead  utility  facilities  to  underground  facilities and
construction of new underground facilities for utilities.
  S 3. This act shall take effect immediately.

senate Bill S321

2015-2016 Legislative Session

Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk

download bill text pdf

Sponsored By

Current Bill Status Via A99 - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2016 returned to assembly
passed senate
3rd reading cal.1853
substituted for s321d
Jun 16, 2016 substituted by a99d
ordered to third reading cal.1853
committee discharged and committed to rules
May 26, 2016 print number 321d
amend and recommit to local government
May 16, 2016 print number 321c
amend (t) and recommit to local government
Jan 06, 2016 referred to local government
May 22, 2015 print number 321b
amend and recommit to local government
May 19, 2015 print number 321a
amend (t) and recommit to local government
Jan 07, 2015 referred to local government

Bill Amendments

S321
S321A
S321B
S321C
S321D
S321
S321A
S321B
S321C
S321D

S321 - Bill Details

See Assembly Version of this Bill:
A99
Law Section:
Town Law
Laws Affected:
Amd §§190, 193, 198, 202, 202-b, 209-a & 209-d, Town L; amd §1020-g, Pub Auth L
Versions Introduced in 2013-2014 Legislative Session:
S7205, A9522

S321 - Bill Texts

view summary

Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk.

view sponsor memo
BILL NUMBER: S321

TITLE OF BILL : An act to amend the town law and the public
authorities law, in relation to the establishment, extension, powers
and expenses of underground utility improvement districts

PURPOSE :

Relates to the establishment, extension, powers and expenses of
underground utility improvement districts.

SUMMARY OF PROVISIONS :

Section 1. Section 190 of the Town Law is amended to allow town boards
of any town to establish or extend an underground utility improvement
district.

Section 2. Amends paragraph a of subdivision 1 of Section 193 of the
Town Law relating to the procedure to be followed whenever a petition
shall be presented to the town board for the establishment or
extension of an underground utility improvement district.

Section 3. Section 198 of the Town Law is amended by adding a new
subdivision 10-h establishing a procedure to be followed by the town
board after an underground utility improvement district has been
established.

Section 4. Subdivision 3 of Section 202 of the Town Law is amended
relating to the leveraging of fees associated with the establishment
of an underground utility improvement district.

Section 5. Subdivision 2 of Section 202-b of the Town Law relating to
the town board's ability, on behalf of an underground utility
improvement district, to provide necessary maintenance.

Section 6. Subdivision 1 of Section 209-a of the Town Law is amended
to include underground utility improvement districts within the term
"improvement district".

Section 7. Subdivision 1 of Section 209-d of the Town Law is amended
relating to public notification.

Section 8. Section 1020-g of the Public Authorities Law is amended to
provide that a town in the service area of a public authority which
has established an underground utility improvement district in order
to underground the authority's public utility facilities, may petition
the authority to contribute to the distinct at least 50% of the net
incremental cost of improvements for the district pursuant to the
provisions of this subdivision. Defines "net incremental cost" as the
difference between the total cost of constructing public utility
facilities underground and the total cost of constructing such
facilities overhead. Any state or federal aid to construct such public
utility facilities shall also be subtracted from the net incremental
cost.

Section 9. Effective date.

JUSTIFICATION :

Much of New York's communication and electrical infrastructure
currently exists as overhead public utilities. However, as seen with
recent storms, overhead utilities are much more susceptible to wind
damage and falling trees and branches, and provide a much less
reliable service during storms. Additionally, many communities in New
York are seeking to protect the rural, scenic and historic character
of their downtowns and open, preserved spaces. Overhead utilities and
expansion of those utilities often are not consistent with the goals
of local planning and zoning regulations.

Because there may be certain communities which are more susceptible to
extreme weather events or may want to protect the rural, scenic and/or
historic character of their community, this bill would provide a
mechanism by which municipalities may create utility improvement
districts to raise funds to place utilities underground.

LEGISLATIVE HISTORY :

2014: A.9522/S.7205

FISCAL IMPLICATIONS :

To be determined

EFFECTIVE DATE :
This act shall take effect immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 321                                                     A. 99

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Local Governments

AN ACT to amend the town law and the public authorities law, in relation
  to the establishment, extension, powers and  expenses  of  underground
  utility improvement 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:
  S  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,   UNDERGROUND  UTILITY  IMPROVEMENT
DISTRICT, and in any town bordering upon or containing within its bound-
aries 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  estab-
lished  or  extended to include lands situate 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02393-01-5

S. 321                              2                              A. 99

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 referendum.
  S  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, UNDERGROUND UTILITY
IMPROVEMENT  DISTRICT,  or  a  fallout shelter 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 exten-
sion 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 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.  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  esti-
mated  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.
  S 3. Section 198 of the town law is amended by adding a  new  subdivi-
sion 10-h to read as follows:
  10-H.  UNDERGROUND  UTILITY IMPROVEMENT DISTRICT. AFTER AN UNDERGROUND
UTILITY IMPROVEMENT 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  ACTIONS  AS
MAY  BE  REQUIRED WITH A PUBLIC UTILITY COMPANY, MUNICIPALITY, OR PUBLIC
AUTHORITY IN ORDER TO CONSTRUCT UNDERGROUND NEW PUBLIC  UTILITY  FACILI-
TIES  OR  CONVERT  EXISTING OVERHEAD PUBLIC UTILITY FACILITIES TO UNDER-
GROUND FACILITIES. FOR THE PURPOSES OF THIS SUBDIVISION, "PUBLIC UTILITY
FACILITIES" SHALL INCLUDE THE TRANSMISSION  AND  DISTRIBUTION  OF  ELEC-
TRICAL  ENERGY,  TELEPHONE  LINES, AND CABLE TELEVISION LINES, INCLUDING
POLES, WIRES, AND ALL ASSOCIATED STRUCTURES.

S. 321                              3                              A. 99

  S 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,   UNDERGROUND  UTILITY  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 ninety-nine OF
THIS ARTICLE, 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, lighting
district, watershed protection improvement district, UNDERGROUND UTILITY
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 UNDERGROUND UTILITY  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,  OR FOR UNDERGROUND UTILITY IMPROVEMENT DISTRICT,
pursuant to such petition or order, shall be assessed on the lands with-
in 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  OF
THIS  ARTICLE  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.
  S  5.  Subdivision  2  of section 202-b of the town law, as amended by
chapter 378 of the laws of 2012, is amended to read as follows:
  2. The town board may, on behalf of a park, public parking, ambulance,
lighting, snow removal,  refuse  and  garbage,  public  dock,  watershed
protection   improvement   district,   UNDERGROUND  UTILITY  IMPROVEMENT
DISTRICT, or beach erosion control district, and within the  limitations
of  section one hundred ninety-eight of this chapter, acquire additional
apparatus and  equipment  and  replace  obsolete,  inadequate,  damaged,
destroyed  or  worn-out  apparatus  and  equipment, and it may construct
additional  facilities  and  appurtenances  thereto  or  reconstruct  or
replace  obsolete, inadequate, damaged, destroyed or worn-out facilities
and appurtenances thereto. Such expenditure shall be authorized  in  the
manner  provided in subdivision one of this section, except that the map

S. 321                              4                              A. 99

and plan described by said subdivision one shall not be required. Howev-
er, nothing herein contained shall be construed to  limit  or  supersede
the  provisions  of  section  seventy-two hundred three of the education
law.
  S  6.  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 UNDER-
GROUND UTILITY IMPROVEMENT DISTRICT, or ambulance district in any  town,
and,  in any town bordering upon or containing within its boundaries any
navigable water of this state a public dock  or  beach  erosion  control
district;
  S  7.  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
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, UNDERGROUND
UTILITY  IMPROVEMENT  DISTRICT,  or  beach  erosion  control district is
proposed, such order may contain a statement that the cost of construct-
ing 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, OR FOR UNDERGROUND UTILITY  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

S. 321                              5                              A. 99

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.
  S 8. Section 1020-g of the public authorities law is amended by adding
a new subdivision (o) to read as follows:
  (O)  (I)  WHERE A TOWN IN THE SERVICE AREA OF THE AUTHORITY HAS ESTAB-
LISHED AN UNDERGROUND UTILITY IMPROVEMENT DISTRICT IN  ORDER  TO  UNDER-
GROUND  THE  AUTHORITY'S  PUBLIC UTILITY FACILITIES, PURSUANT TO ARTICLE
TWELVE OR TWELVE-A OF THE TOWN LAW, SUCH TOWN MAY PETITION THE AUTHORITY
TO CONTRIBUTE TO THE DISTRICT AT LEAST FIFTY PERCENT (50%)  OF  THE  NET
INCREMENTAL  COST  OF  IMPROVEMENTS  FOR  THE  DISTRICT  PURSUANT TO THE
PROVISIONS OF THIS SUBDIVISION. "NET  INCREMENTAL  COST"  SHALL  BE  THE
DIFFERENCE BETWEEN THE TOTAL COST OF CONSTRUCTING PUBLIC UTILITY FACILI-
TIES  UNDERGROUND  AND  THE  TOTAL  COST OF CONSTRUCTING SUCH FACILITIES
OVERHEAD. THE TERM "PUBLIC UTILITY FACILITIES" SHALL HAVE THE SAME MEAN-
ING AS IN SUBDIVISION TEN-H OF SECTION ONE HUNDRED NINETY-EIGHT  OF  THE
TOWN  LAW.  ANY  STATE  OR  FEDERAL AID TO CONSTRUCT SUCH PUBLIC UTILITY
FACILITIES SHALL ALSO BE SUBTRACTED FROM NET INCREMENTAL COST.
  (II) THE AUTHORITY AND THE TOWN SHALL HOLD A JOINT PUBLIC  HEARING  ON
THE PETITION OF THE TOWN.
  (III)  THE AUTHORITY AND THE TOWN SHALL DETERMINE WHETHER OR NOT FUND-
ING BY THE AUTHORITY IS IN THE GENERAL PUBLIC INTEREST.
  (IV) IN DETERMINING GENERAL PUBLIC INTEREST, THE TOWN AND THE AUTHORI-
TY SHALL CONSIDER: (A) WHETHER THE PROJECT WILL AVOID  OR  ELIMINATE  AN
UNUSUALLY HEAVY CONCENTRATION OF OVERHEAD ELECTRIC PUBLIC UTILITY FACIL-
ITIES,  OR  (B) WHETHER THE STREET OR ROADWAY IS EXTENSIVELY USED BY THE
GENERAL PUBLIC AND CARRIES A HEAVY VOLUME OF PEDESTRIAN OR VEHICLE TRAF-
FIC, OR (C) THE STREET OR ROADWAY PASSES THROUGH AN  AREA  WHICH  IS  OF
GENERAL  PUBLIC INTEREST BASED UPON OPEN SPACE RESOURCES, FARMLAND PRES-
ERVATION RESOURCES, HISTORIC PRESERVATION RESOURCES, PARK AND RECREATION
RESOURCES, OR SCENIC OR AESTHETIC RESOURCES.
  (V) THE AUTHORITY SHALL COMMIT TO PAY AT LEAST FIFTY PERCENT (50%)  OF
THE  NET  INCREMENTAL  COST  OF THE IMPROVEMENTS OF THE DISTRICT, IF THE
AUTHORITY AND THE TOWN EACH FIND THAT ANY  OF  THE  THREE  STANDARDS  IN
PARAGRAPH (IV) OF THIS SUBDIVISION ARE MET.
  (VI)  ANY  DETERMINATION  UNDER  THIS  SUBDIVISION SHALL BE SUBJECT TO
REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE  LAW  AND
RULES.
  S 9. This act shall take effect immediately.

S321A - Bill Details

See Assembly Version of this Bill:
A99
Law Section:
Town Law
Laws Affected:
Amd §§190, 193, 198, 202, 202-b, 209-a & 209-d, Town L; amd §1020-g, Pub Auth L
Versions Introduced in 2013-2014 Legislative Session:
S7205, A9522

S321A - Bill Texts

view summary

Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk.

view sponsor memo
BILL NUMBER:S321A

TITLE OF BILL:

An act to amend the town law, in relation to the establishment,
extension, powers and expenses of underground utility improvement
districts

PURPOSE:

Relates to the establishment, extension, powers and expenses of
underground utility improvement districts.

SUMMARY OF PROVISIONS:

Section 1. Section 190 of the Town Law is amended to allow town boards
of any town to establish or extend an underground utility improvement
district.

Section 2. Amends Town Law by adding a new Section 190-h to provide
that the provisions shall only apply to Suffolk and Nassau Counties.

Section 3. Paragraph a of subdivision 1 of Section 193 of the Town Law
relating to the procedure to be followed whenever a petition shall be
presented to the town board for the establishment or extension of an
underground utility improvement district.

Section 4. Section 198 of the Town Law is amended by adding a new
subdivision 10-h establishing a procedure to be followed by the town
board after an underground utility improvement district has been
established.

Section 5. Subdivision 3 of Section 202 of the Town Law is amended
relating to the leveraging of fees associated with the establishment
of an underground utility improvement district

Section 6. Subdivision 2 of Section 202-b of the Town Law relating to
the town board's ability, on behalf of an underground utility
improvement district, to provide necessary maintenance.

Section 7. Subdivision 1 of Section 209-a of the Town Law is amended
to include underground utility improvement districts within the term
"improvement district".

Section 8. Subdivision 1 of Section 209-d of the Town Law is amended
relating to public notification.

Section 9. Effective date.

JUSTIFICATION:

Much of New York's communication and electrical infrastructure
currently exists as overhead public utilities. However, as seen with
recent storms, overhead utilities are much more susceptible to wind
damage and falling trees and branches, and provide a much less
reliable service during storms. Additionally, many communities in New
York are seeking to protect the rural, scenic and historic character


of their downtowns and open, preserved spaces. Overhead utilities and
expansion of those utilities often are not consistent with the goals
of local planning and zoning regulations.

Because there may be certain communities which are more susceptible to
extreme weather events or may want to protect the rural, scenic and/or
historic character of their community, this bill would provide a
mechanism by which municipalities may create utility improvement
districts to raise funds to place utilities underground.

LEGISLATIVE HISTORY:

2014: A.9522/S.7205

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 321--A                                               A. 99--A

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to  the  Committee  on Local Governments -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the town law, in relation to the establishment, exten-
  sion, powers and expenses of underground utility improvement 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:
  S 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,   UNDERGROUND   UTILITY   IMPROVEMENT
DISTRICT, and in any town bordering upon or containing within its bound-
aries 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 estab-
lished or extended to include lands situate 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02393-03-5

S. 321--A                           2                           A. 99--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 referendum.
  S  2. The town law is amended by adding a new section 190-h to read as
follows:
  S 190-H. APPLICABILITY. THE PROVISIONS  OF  THIS  ARTICLE  SHALL  ONLY
APPLY  WITHIN  COUNTIES  WITH  A POPULATION OF ONE MILLION OR MORE WHICH
DRAW THEIR PRIMARY SOURCE OF DRINKING WATER FOR  A  MAJORITY  OF  COUNTY
RESIDENTS FROM A DESIGNATED SOLE SOURCE AQUIFER.
  S  3.  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, UNDERGROUND UTILITY
IMPROVEMENT  DISTRICT,  or  a  fallout shelter 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 exten-
sion 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 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.  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  esti-
mated  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.
  S 4. Section 198 of the town law is amended by adding a  new  subdivi-
sion 10-h to read as follows:
  10-H.  UNDERGROUND  UTILITY IMPROVEMENT DISTRICT. AFTER AN UNDERGROUND
UTILITY IMPROVEMENT 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  ACTIONS  AS

S. 321--A                           3                           A. 99--A

MAY  BE  REQUIRED WITH A PUBLIC UTILITY COMPANY, MUNICIPALITY, OR PUBLIC
AUTHORITY IN ORDER TO CONSTRUCT UNDERGROUND NEW PUBLIC  UTILITY  FACILI-
TIES  OR  CONVERT  EXISTING OVERHEAD PUBLIC UTILITY FACILITIES TO UNDER-
GROUND FACILITIES. FOR THE PURPOSES OF THIS SUBDIVISION, "PUBLIC UTILITY
FACILITIES"  SHALL  INCLUDE  THE  TRANSMISSION AND DISTRIBUTION OF ELEC-
TRICAL ENERGY, TELEPHONE LINES, AND CABLE  TELEVISION  LINES,  INCLUDING
POLES, WIRES, AND ALL ASSOCIATED STRUCTURES.
  S 5. 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,   UNDERGROUND  UTILITY  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 ninety-nine OF
THIS ARTICLE, 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, lighting
district, watershed protection improvement district, UNDERGROUND UTILITY
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 UNDERGROUND UTILITY  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,  OR FOR UNDERGROUND UTILITY IMPROVEMENT DISTRICT,
pursuant to such petition or order, shall be assessed on the lands with-
in 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  OF
THIS  ARTICLE  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.
  S  6.  Subdivision  2  of section 202-b of the town law, as amended by
chapter 378 of the laws of 2012, is amended to read as follows:
  2. The town board may, on behalf of a park, public parking, ambulance,
lighting, snow removal,  refuse  and  garbage,  public  dock,  watershed
protection   improvement   district,   UNDERGROUND  UTILITY  IMPROVEMENT
DISTRICT, or beach erosion control district, and within the  limitations

S. 321--A                           4                           A. 99--A

of  section one hundred ninety-eight of this chapter, acquire additional
apparatus and  equipment  and  replace  obsolete,  inadequate,  damaged,
destroyed  or  worn-out  apparatus  and  equipment, and it may construct
additional  facilities  and  appurtenances  thereto  or  reconstruct  or
replace obsolete, inadequate, damaged, destroyed or worn-out  facilities
and  appurtenances  thereto. Such expenditure shall be authorized in the
manner provided in subdivision one of this section, except that the  map
and plan described by said subdivision one shall not be required. Howev-
er,  nothing  herein  contained shall be construed to limit or supersede
the provisions of section seventy-two hundred  three  of  the  education
law.
  S  7.  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 UNDER-
GROUND UTILITY IMPROVEMENT DISTRICT, or ambulance district in any  town,
and,  in any town bordering upon or containing within its boundaries any
navigable water of this state a public dock  or  beach  erosion  control
district;
  S  8.  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
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, UNDERGROUND
UTILITY  IMPROVEMENT  DISTRICT,  or  beach  erosion  control district is
proposed, such order may contain a statement that the cost of construct-
ing the water system, sidewalks or acquiring lands for public parking or

S. 321--A                           5                           A. 99--A

for refuse  and  garbage  purposes,  or  aquatic  plant  growth  control
purposes  or  for  beach  erosion  control  or  for watershed protection
improvement purposes, OR FOR UNDERGROUND UTILITY  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.
  S 9. This act shall take effect immediately.

S321B - Bill Details

See Assembly Version of this Bill:
A99
Law Section:
Town Law
Laws Affected:
Amd §§190, 193, 198, 202, 202-b, 209-a & 209-d, Town L; amd §1020-g, Pub Auth L
Versions Introduced in 2013-2014 Legislative Session:
S7205, A9522

S321B - Bill Texts

view summary

Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk.

view sponsor memo
BILL NUMBER:S321B

TITLE OF BILL: An act to amend the town law, in relation to the
establishment, extension, powers and expenses of underground utility
improvement districts

PURPOSE: Relates to the establishment, extension, powers and expenses
of underground utility improvement districts.

SUMMARY OF PROVISIONS: Section 1. Section 190 of the Town Law is
amended to allow town boards of any town to establish or extend an
underground utility improvement district.

Section 2. Amends Town Law by adding a new Section 190-h to provide
that the provisions shall only apply to Suffolk and Nassau Counties.

Section 3. Paragraph a of subdivision 1 of Section 193 of the Town Law
relating to the procedure to be followed whenever a petition shall be
presented to the town board for the establishment or extension of an
underground utility improvement district.

Section 4. Section 198 of the Town Law is amended by adding a new
subdivision 10-h establishing a procedure to be followed by the town
board after an underground utility improvement district has been
established.

Section 5. Subdivision 3 of Section 202 of the Town Law is amended
relating to the leveraging of fees associated with the establishment
of an underground utility improvement district

Section 6. Subdivision 2 of Section 202-b of the Town Law relating to
the town board's ability, on behalf of an underground utility
improvement district, to provide necessary maintenance.

Section 7. Subdivision 1 of Section 209-a of the Town Law is amended
to include underground utility improvement districts within the term
"improvement district",

Section 8. Subdivision 1 of Section 209-d of the Town Law is amended
relating to public notification.

Section 9. Effective date.

JUSTIFICATION: Much of New York's communication and electrical
infrastructure currently exists as overhead public utilities.
However, as seen with recent storms, overhead utilities are much more
susceptible to wind damage and falling trees and branches, and provide
a much less reliable service during storms. Additionally, many
communities in New York are seeking to protect the rural, scenic and
historic character of their downtowns and open, preserved spaces.
Overhead utilities and expansion of those utilities often are not
consistent with the goals of local planning and zoning regulations.

Because there may be certain communities which are more susceptible to
extreme weather events or may want to protect the rural, scenic and/or
historic character of their community, this bill would provide a


mechanism by which municipalities may create utility improvement
districts to raise funds to place utilities underground.

LEGISLATIVE HISTORY: 2014: A.9522/S.7205

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 321--B                                               A. 99--B

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to  the  Committee  on Local Governments -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the town law, in relation to the  establishment,  exten-
  sion, powers and expenses of underground utility improvement 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:
  S  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,   UNDERGROUND  UTILITY  IMPROVEMENT
DISTRICT, and in any town bordering upon or containing within its bound-
aries 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  estab-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02393-04-5

S. 321--B                           2                           A. 99--B

lished  or  extended to include lands situate 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 referendum.
  S  2. The town law is amended by adding a new section 190-h to read as
follows:
  S 190-H. APPLICABILITY. FOR  PURPOSES  OF  THIS  ARTICLE  AND  ARTICLE
TWELVE-A  OF  THIS  CHAPTER, THE ESTABLISHMENT OF AN UNDERGROUND UTILITY
DISTRICT SHALL ONLY BE AUTHORIZED TO OCCUR WITHIN A COUNTY WITH A  POPU-
LATION  OF ONE MILLION OR MORE WHICH DRAW THEIR PRIMARY SOURCE OF DRINK-
ING WATER FOR A MAJORITY OF COUNTY  RESIDENTS  FROM  A  DESIGNATED  SOLE
SOURCE AQUIFER.
  S  3.  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, UNDERGROUND UTILITY
IMPROVEMENT  DISTRICT,  or  a  fallout shelter 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 exten-
sion 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 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.  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  esti-
mated  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.

S. 321--B                           3                           A. 99--B

  S 4. Section 198 of the town law is amended by adding a  new  subdivi-
sion 10-h to read as follows:
  10-H.  UNDERGROUND  UTILITY IMPROVEMENT DISTRICT. AFTER AN UNDERGROUND
UTILITY IMPROVEMENT 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  ACTIONS  AS
MAY  BE  REQUIRED WITH A PUBLIC UTILITY COMPANY, MUNICIPALITY, OR PUBLIC
AUTHORITY IN ORDER TO CONSTRUCT UNDERGROUND NEW PUBLIC  UTILITY  FACILI-
TIES  OR  CONVERT  EXISTING OVERHEAD PUBLIC UTILITY FACILITIES TO UNDER-
GROUND FACILITIES. FOR THE PURPOSES OF THIS SUBDIVISION, "PUBLIC UTILITY
FACILITIES" SHALL INCLUDE THE TRANSMISSION  AND  DISTRIBUTION  OF  ELEC-
TRICAL  ENERGY,  TELEPHONE  LINES, AND CABLE TELEVISION LINES, INCLUDING
POLES, WIRES, AND ALL ASSOCIATED STRUCTURES.
  S 5. 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,   UNDERGROUND   UTILITY   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  ninety-nine  OF
THIS  ARTICLE,  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, lighting
district, watershed protection improvement district, UNDERGROUND UTILITY
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  UNDERGROUND  UTILITY  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, OR FOR UNDERGROUND UTILITY  IMPROVEMENT  DISTRICT,
pursuant to such petition or order, shall be assessed on the lands with-
in  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 OF
THIS ARTICLE 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.

S. 321--B                           4                           A. 99--B

  S 6. Subdivision 2 of section 202-b of the town  law,  as  amended  by
chapter 378 of the laws of 2012, is amended to read as follows:
  2. The town board may, on behalf of a park, public parking, ambulance,
lighting,  snow  removal,  refuse  and  garbage,  public dock, watershed
protection  improvement  district,   UNDERGROUND   UTILITY   IMPROVEMENT
DISTRICT,  or beach erosion control district, and within the limitations
of section one hundred ninety-eight of this chapter, acquire  additional
apparatus  and  equipment  and  replace  obsolete,  inadequate, damaged,
destroyed or worn-out apparatus and  equipment,  and  it  may  construct
additional  facilities  and  appurtenances  thereto  or  reconstruct  or
replace obsolete, inadequate, damaged, destroyed or worn-out  facilities
and  appurtenances  thereto. Such expenditure shall be authorized in the
manner provided in subdivision one of this section, except that the  map
and plan described by said subdivision one shall not be required. Howev-
er,  nothing  herein  contained shall be construed to limit or supersede
the provisions of section seventy-two hundred  three  of  the  education
law.
  S  7.  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 UNDER-
GROUND UTILITY IMPROVEMENT DISTRICT, or ambulance district in any  town,
and,  in any town bordering upon or containing within its boundaries any
navigable water of this state a public dock  or  beach  erosion  control
district;
  S  8.  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
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

S. 321--B                           5                           A. 99--B

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, UNDERGROUND
UTILITY  IMPROVEMENT  DISTRICT,  or  beach  erosion  control district is
proposed, such order may contain a statement that the cost of construct-
ing 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, OR FOR UNDERGROUND UTILITY  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.
  S 9. This act shall take effect immediately.

S321C - Bill Details

See Assembly Version of this Bill:
A99
Law Section:
Town Law
Laws Affected:
Amd §§190, 193, 198, 202, 202-b, 209-a & 209-d, Town L; amd §1020-g, Pub Auth L
Versions Introduced in 2013-2014 Legislative Session:
S7205, A9522

S321C - Bill Texts

view summary

Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk.

view sponsor memo
BILL NUMBER: S321C

TITLE OF BILL : An act authorizing the town of East Hampton, Suffolk
county, to establish an underground utility improvement district

PURPOSE :

Relates to the establishment of an underground utility improvement
districts by the Town of East Hampton.

SUMMARY OF PROVISIONS :

The Town of East Hampton is authorized to establish an underground
utility improvement district pursuant to Articles 12 and 12-A of the
Town Law.

JUSTIFICATION :

Much of New York's communication and electrical infrastructure
currently exists as overhead public utilities. However, as seen with
recent storms, overhead utilities are much more susceptible to wind
damage and falling trees and branches, and provide a much less
reliable service during storms. Additionally, many communities in New
York are seeking to protect the rural, scenic and historic character
of their downtowns and open, preserved spaces. Overhead utilities and
expansion of those utilities often are not consistent with the goals
of local planning and zoning regulations.

Because there may be certain communities which are more susceptible to
extreme weather events or may want to protect the rural, scenic and/or
historic character of their community, this bill would provide a
mechanism by which the Town of East Hampton may establish an
underground utility improvement district to raise funds to place
utilities underground.

LEGISLATIVE HISTORY :

2014: A.9522/S.7205

FISCAL IMPLICATIONS :

To be determined

EFFECTIVE DATE :
This act shall take effect immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 321--C                                               A. 99--C

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- recommitted to  the  Committee  on  Local  Government  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Local Governments --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Local Governments in accordance with Assembly Rule
  3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT  authorizing the town of East Hampton, Suffolk county, to estab-
  lish an underground utility improvement district

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  town  of  East Hampton, in the county of Suffolk, is
hereby  authorized  to  establish  an  underground  utility  improvement
district  pursuant  to  articles  12 and 12-A of the town law. Such road
improvement district shall be established, funded, operated  and  other-
wise  controlled  by  the provisions of articles 12 and 12-A of the town
law and the provisions of this act. To the extent that the provisions of
this act shall in any way be in conflict with articles 12  and  12-A  of
the town law, the provisions of this act shall be controlling.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02393-05-6

S. 321--C                           2                           A. 99--C

  S 2. The purpose of the underground utility improvement district shall
be  to take such action as may be required to adopt plans and specifica-
tions and enter into a contract or contracts, or take such other actions
as may be required with  a  public  utility  company,  municipality,  or
public  authority  in  order to construct underground new public utility
facilities or convert existing overhead  public  utility  facilities  to
underground  facilities.  For  the purposes of this act, "public utility
facilities" shall include the transmission  and  distribution  of  elec-
trical  energy,  telephone  lines, and cable television lines, including
poles, wires, and all associated structures.
  S 3. This act shall take effect immediately.

S321D - Bill Details

See Assembly Version of this Bill:
A99
Law Section:
Town Law
Laws Affected:
Amd §§190, 193, 198, 202, 202-b, 209-a & 209-d, Town L; amd §1020-g, Pub Auth L
Versions Introduced in 2013-2014 Legislative Session:
S7205, A9522

S321D - Bill Texts

view summary

Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk.

view sponsor memo
BILL NUMBER: S321D REVISED MEMO 06/10/2016

TITLE OF BILL : An act authorizing the town of East Hampton, Suffolk
county, to establish an underground utility improvement district

PURPOSE :

To allow the Town of East Hampton, in the County of Suffolk, to
establish an underground utility improvement district.

SUMMARY OF PROVISIONS :

Section 1. Authorizes the Town of East Hampton, County of Suffolk, to
establish an underground utility improvement district.

Section 2. Provides that after the Town of East Hampton establishes an
underground utility improvement district, 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 actions as may be
required for the conversion of existing overhead utility facilities to
underground facilities and construction of new underground facilities
for utilities.

Section 3. Effective date.

JUSTIFICATION :

The East End of Long Island, specifically the Town of East Hampton, a
peninsula situated on the far eastern tip of Long Island, is very
susceptible to extreme coastal storms no matter the season. These
coastal storms are often accompanied by high and sustained winds,
coastal flooding and erosion. Existing overhead utilities in the Town
of East Hampton are prone to wind damage and falling trees and
branches which cause a severe decrease in the reliability of utility
services during storms. There has also been a growing demand and
awareness of the benefits of placing utilities infrastructure
underground to lessen the amount of service disruptions during storms
and also to preserve the aesthetics of the community. This bill would
authorize the Town of East Hampton to establish an underground utility
improvement district which will provide a mechanism to raise funds and
enter into contracts with incumbent utilities providing service within
the district to construct new public utilities underground or convert
existing overhead public utility facilities to underground facilities.

LEGISLATIVE HISTORY :

2014 S.7205/A.9522

FISCAL IMPLICATIONS :

None to the State.

EFFECTIVE DATE :
Immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 321--D                                               A. 99--D

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- recommitted to  the  Committee  on  Local  Government  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to  the  Committee  on Local Governments -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Local Governments in accordance with Assembly Rule
  3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- again reported from  said
  committee  with amendments, ordered reprinted as amended and recommit-
  ted to said committee

AN ACT authorizing the town of East Hampton, Suffolk county,  to  estab-
  lish an underground utility improvement district

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The town of East Hampton, in  the  county  of  Suffolk,  is
hereby  authorized  to  establish  an  underground  utility  improvement
district pursuant to articles 12 and 12-A of the town law.  Such  under-
ground  utility improvement district shall be established, funded, oper-
ated and otherwise controlled by the provisions of articles 12 and  12-A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02393-06-6

S. 321--D                           2                           A. 99--D

of  the  town law and the provisions of this act. To the extent that the
provisions of this act shall in any way be in conflict with articles  12
and  12-A  of the town law, the provisions of this act shall be control-
ling.
  S  2.    After  an  underground  utility improvement 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 actions as may be required,  for  the  conversion  of
existing  overhead  utility  facilities  to  underground  facilities and
construction of new underground facilities for utilities.
  S 3. This act shall take effect immediately.

senate Bill S322

2015-2016 Legislative Session

Provides that the maximum deductible allowed on policies for windstorms shall not be greater than $1,500

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to insurance
Jan 07, 2015 referred to insurance

Co-Sponsors

S322 - Bill Details

See Assembly Version of this Bill:
A93
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §3445, Ins L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1760, A1222
2011-2012: S1460, A1413
2009-2010: S241, A337

S322 - Bill Texts

view summary

Provides that the maximum deductible allowed in catastrophic windstorms shall not be greater than fifteen hundred dollars and shall be stated in the policy in numerical terms; also provides that deductibles shall only be applicable to losses incurred in windstorms with speeds greater than 125 miles per hour.

view sponsor memo
BILL NUMBER: S322

TITLE OF BILL : An act to amend the insurance law, in relation to
windstorm insurance notice regarding deductibles

PURPOSE :

This bill provides that catastrophic windstorm deductibles applicable
to certain insurance policies shall not be applicable to losses
incurred by theft, fire or other events.

SUMMARY OF PROVISIONS :

Section 3445 of the Insurance Law, as added by Chapter 44 of the Laws
of 1998, is amended to require the Superintendent to determine
disclosure requirements due to a windstorm. Also to be determined by
the Superintendent, shall be a notice which will state the amount of
the deductible, the circumstances under which the deductible applies
and any other matters which the Superintendent, in his or her
discretion, shall deem necessary and appropriate.

JUSTIFICATION :

The residents of the coastal areas of the State have been, for the
past few years, subject to a homeowner's insurance market that has
vacillated and fluctuated. Without real damage experience in these
areas, insurance companies have instituted policies of huge
deductibles predicted on hurricanes with minimum wind speeds. This
bill will provide those residents with a stable market with reasonable
coverage.

LEGISLATIVE HISTORY :

2013-14 S.1760/A.1222;
2011-12 S.1460/A.1413;
2009-10 S.241/A.337;
2007-08 S.139/A 177;
2005-06 S.716/A.1456;
2003-04 S.724/A.1337;
2001-00 S.2080/A.3479;
1999-00 S.4982/A.10714

FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE :
Immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 322                                                     A. 93

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Insurance

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Insurance

AN ACT to amend the insurance law, in relation  to  windstorm  insurance
  notice regarding deductibles

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3445 of the insurance law, as added by  chapter  44
of the laws of 1998, is amended to read as follows:
  S  3445.  Windstorm  insurance  notice. 1. The superintendent shall by
regulation establish disclosure requirements with respect to the  opera-
tion  of  any  deductible  in a homeowner's insurance policy or dwelling
fire personal lines policy which applies as the result of  a  windstorm.
Such  regulations shall prescribe the form of a notice to be provided by
an insurer to an insured. The notice shall explain in  clear  and  plain
language  the  amount  of  the deductible SUBJECT TO SUBSECTION THREE OF
THIS SECTION, the circumstances under which the deductible  applies  and
any  other  matters  which the superintendent, in his or her discretion,
shall deem necessary or appropriate.
  2. A CATASTROPHIC WINDSTORM DEDUCTIBLE  APPLICABLE  TO  A  HOMEOWNER'S
INSURANCE  POLICY  OR  DWELLING  FIRE PERSONAL LINES POLICY SHALL NOT BE
APPROVED BY THE DEPARTMENT UNLESS THE DEDUCTIBLE IS APPLICABLE  ONLY  TO
LOSSES  INCURRED  IN A HURRICANE WHICH CAUSES WIND SPEEDS OF ONE HUNDRED
TWENTY-FIVE MILES OR GREATER PER HOUR TO OCCUR WITHIN THE STATE.
  3. THE MAXIMUM DEDUCTIBLE ALLOWED SHALL NOT BE  GREATER  THAN  FIFTEEN
HUNDRED DOLLARS AND SHALL BE STATED ON THE POLICY IN NUMERICAL TERMS.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00487-01-5

senate Bill S323

2015-2016 Legislative Session

Relates to fire district nominations for the offices of chief and assistant chiefs

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to local government
Jan 07, 2015 referred to local government

S323 - Bill Details

See Assembly Version of this Bill:
A91
Current Committee:
Law Section:
Town Law
Laws Affected:
Amd §176, Town L
Versions Introduced in 2013-2014 Legislative Session:
S7486, A9674

S323 - Bill Texts

view summary

Relates to fire district nominations for the offices of chief and assistant chiefs.

view sponsor memo
BILL NUMBER: S323

TITLE OF BILL : An act to amend the town law, in relation to fire
district nominations for the offices of chief and assistant chiefs

PURPOSE :

To allow fire district employees to serve as chief and deputy chiefs
of the fire department.

SUMMARY OF PROVISIONS :

Amends subdivisions 11-a and 11-b of Section 176 of the town law to
clarify that employees of fire districts who are firefighters in the
district's fire department may service as chief and assistant chiefs
in those departments.

JUSTIFICATION :

The question of whether a paid employee of a fire district, who is
also a member of the district's fire department can be chosen as a
chief or assistant chief, has been the subject of some question. This
bill seeks to clarify the issue by amending the town law to state that
district employees may serve as chiefs and assistant chiefs. At a time
when recruitment and retention of firefighters has become a challenge
to many districts, the most qualified firefighters should have the
opportunity to assume the leadership roles of a department.
Firefighting can often be a dangerous and the command and control of a
department at a fire scene requires personnel who have the judgment
and knowledge to make crucial decisions. Any person who can serve that
role should have the opportunity regardless of whether he or she is
employed by the district.

LEGISLATIVE HISTORY :

2014: S.7486/A.9674

FISCAL IMPLICATIONS :

None to the State.

EFFECTIVE DATE :
Immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 323                                                     A. 91

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Local Governments

AN ACT to amend the town law, in relation to fire  district  nominations
  for the offices of chief and assistant chiefs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 11-a and 11-b of section 176 of the town  law,
subdivision  11-a  as  amended  by  chapter  351 of the laws of 2000 and
subdivision 11-b as amended by chapter 313 of  the  laws  of  2014,  are
amended to read as follows:
  11-a.  The  members  of the fire department of the fire district shall
meet at a time and place designated by the board of  fire  commissioners
on  the  Thursday  following the first Tuesday in April of each year and
nominate persons WHO MAY BE EMPLOYED BY THE DISTRICT for the offices  of
chief  and such assistant chiefs as may be provided for in the rules and
regulations adopted by the board of fire commissioners. If the  Thursday
following  the  first Tuesday in April falls upon a day of special reli-
gious observance, the board of  fire  commissioners  may  designate  any
other weekday in April after such Thursday as the day upon which to hold
such  meeting. Each nominee shall be a member of the fire department. In
addition, the board of fire commissioners may by resolution require that
any or all of such fire department officers shall be  residents  of  the
fire  district.  All  nominations  shall  be  made by ballot. The person
acting as secretary of such  meeting  shall  promptly  notify  the  fire
district  secretary  in  writing  of such nominations. The board of fire
commissioners at its meeting next succeeding the making  of  such  nomi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02398-01-5

S. 323                              2                              A. 91

nations  shall  consider  the same and shall appoint such persons to the
offices to which they have been respectively nominated or,  if  a  nomi-
nation is not approved the board of fire commissioners shall call anoth-
er  meeting  of  the members of the fire department at which a new nomi-
nation shall be made to take the place of any nomination  not  approved,
which procedure shall continue until a full set of officers is approved.
Any  such person shall assume the duties of his office as soon as he has
been appointed thereto by the board  of  fire  commissioners  and  shall
serve  until his successor is appointed. A person who has been convicted
of arson in any degree shall not be eligible for nomination, election or
appointment to the office of fire department chief or  assistant  chief.
Any  fire  department chief or assistant chief who is convicted of arson
in any degree during his term  of  office  shall  be  disqualified  from
completing such term of office.
  11-b. The members of the fire department at a regular or special meet-
ing  of  the  department  held after the month of April but prior to the
month of November in any year may adopt a resolution  recommending  that
future  meetings for the nomination of the chief and assistant chiefs be
held in December, either on the first Thursday, the first Saturday,  the
Thursday  following  the first Tuesday, the Saturday following the first
Tuesday, the Thursday following the  second  Tuesday,  or  the  Saturday
following the second Tuesday in such month, instead of April as provided
in  subdivision  eleven-a  of this section. Provided, however, the Davis
Park fire department may adopt a resolution to hold future meetings, for
nomination of chief and assistant chiefs, on the last Sunday in  Septem-
ber;  and  the Caton fire district may adopt a resolution to hold future
meetings, for nominations of chief and assistant chiefs, on  the  second
Tuesday  in  December. The notice or call for such meeting shall specify
that such a resolution will be offered to be voted upon at such meeting.
If such resolution is adopted, the board of fire commissioners may adopt
a rule or regulation providing that future meetings for  the  nomination
of  chief  and assistant chiefs shall be held in December, either on the
first Thursday, the first Saturday, the  Thursday  following  the  first
Tuesday,  the Saturday following the first Tuesday, the Thursday follow-
ing the second Tuesday, the Saturday following  the  second  Tuesday  in
such  month, the last Sunday in September in the Davis Park fire depart-
ment, or the second Tuesday in December in the Caton fire  district,  as
specified  in  the  fire  department  resolution,  instead  of  April as
provided in subdivision eleven-a of this section. Each nominee shall  be
a member of the fire department and a resident of the state of New York.
In  addition,  the board of fire commissioners may by resolution require
that any or all of such fire department officers shall be  residents  of
the  fire district. All nominations shall be made by ballot.  The person
acting as secretary of such  meeting  shall  promptly  notify  the  fire
district  secretary  in  writing  of such nominations. The board of fire
commissioners at its organization meeting in the month of  January  next
succeeding  the  making  of such nominations shall consider the same and
shall appoint such persons WHO MAY BE EMPLOYED BY THE  DISTRICT  to  the
offices  to  which  they have been respectively nominated or, if a nomi-
nation is not approved the board of fire commissioners shall call anoth-
er meeting of the members of the fire department at which  a  new  nomi-
nation  shall  be made to take the place of any nomination not approved,
which procedure shall continue until a full set of officers is approved.
Any such person shall assume the duties of his office as soon as he  has
been  appointed  thereto  by  the  board of fire commissioners and shall
serve until his successor is appointed. A person who has been  convicted

S. 323                              3                              A. 91

of arson in any degree shall not be eligible for nomination, election or
appointment  to  the office of fire department chief or assistant chief.
Any fire department chief or assistant chief who is convicted  of  arson
in  any  degree  during  his  term  of office shall be disqualified from
completing such term of office.
  If the date of meetings for the  nomination  of  chief  and  assistant
chiefs  is  changed  from April to September or December pursuant to the
foregoing provisions of  this  subdivision,  the  members  of  the  fire
department  at a regular or special meeting of the department held after
the month of April but prior to the month of November in  any  year  may
adopt  a resolution recommending that future meetings for the nomination
for such officers shall be held in April pursuant to the  provisions  of
subdivision  eleven-a  of  this section. The call for such meeting shall
specify that such a resolution will be offered to be voted upon at  such
meeting.  If such a resolution is adopted, the board of fire commission-
ers may adopt a rule or regulation providing that  future  meetings  for
the  nomination  of  chief  and  assistant chiefs shall be held in April
pursuant to the provisions of subdivision eleven-a of this  section  and
that  the  provisions  of  such  subdivision eleven-a shall again become
applicable.
  S 2. This act shall take effect immediately.