Bill Text: NY A08039 | 2021-2022 | General Assembly | Introduced
Bill Title: Creates the Suffolk county wastewater management district to recommend and establish one or more zones of assessment within the district, acquire interests in real property, prioritize district projects in accordance with the Suffolk county subwatershed wastewater plan and distribute grant proceeds within the district; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to local governments [A08039 Detail]
Download: New_York-2021-A08039-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8039 2021-2022 Regular Sessions IN ASSEMBLY June 8, 2021 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Local Governments AN ACT to amend the county law and the general municipal law, in relation to extending the authority of the county of Suffolk to form a county-wide sewer and wastewater management district The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The county law is amended by adding a new section 256-b to 2 read as follows: 3 § 256-b. Suffolk county wastewater management district. 1. Intent. 4 The county of Suffolk, with a population of one million five hundred 5 thousand persons, has in excess of three hundred eighty thousand exist- 6 ing onsite systems, comprised mostly of cesspools and leaching pools, 7 with two hundred nine thousand of these onsite systems in environ- 8 mentally sensitive areas which could benefit from nitrogen-reducing 9 technologies. The United States Environmental Protection Agency recog- 10 nizes Long Island as having a sole source aquifer system for its drink- 11 ing water supply. Suffolk county has an imminent need to preserve this 12 valuable water resource by reducing the amount of nitrogen discharged 13 into the groundwater by traditional onsite residential sanitary systems. 14 The Suffolk county subwatershed wastewater management plan, certified 15 by the department of environmental conservation as a Nine Elements 16 Watershed (9E) plan, has documented the devastating effects of high 17 levels of nitrogen pollution, not only on the drinking water quality, 18 but also on coastal ecosystems, dissolved oxygen, water clarity, 19 eelgrass, wetlands, shellfish, coastal resilience and in triggering 20 harmful algal blooms. The Suffolk county subwatershed wastewater manage- 21 ment plan is a long-term plan to address the need for wastewater treat- 22 ment infrastructure throughout the county comprehensively over a period 23 of fifty years, which has delineated the source and concentration of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11690-01-1A. 8039 2 1 nitrogen loading in one hundred ninety-one subwatersheds throughout the 2 county, and has established nitrogen reduction goals for each watershed. 3 For many areas of the county, installing or connecting sewers is not a 4 practical or cost-effective method of treating wastewater. For that 5 reason, a hybrid approach that relies on sewering where feasible, and 6 the replacement of cesspools and septic systems with 7 innovative/alternative onsite wastewater treatment systems is prescribed 8 in the Suffolk county subwatershed wastewater management plan. The 9 consolidation of any or all of the twenty-six county sewer districts as 10 well as unsewered areas of the county into a county-wide wastewater 11 management district to allow for comprehensive planning and management, 12 and the establishment of a steering committee representative of the 13 diverse geographical areas of the county to monitor progress, and to 14 ensure that allocation of resources is consistent with the goals of the 15 Suffolk county subwatershed wastewater management plan will be a benefit 16 to the residents of the county and will allow for the implementation of 17 a much needed integrated long-term wastewater solution for the county. 18 2. Power. Notwithstanding the provisions of any general, special or 19 local law to the contrary, including this article, the county legisla- 20 ture of Suffolk county is hereby authorized to create a Suffolk county 21 wastewater management district which shall include all powers of a sewer 22 district and a wastewater disposal district (the "district") as enumer- 23 ated in section two hundred fifty of this article and as set forth in 24 this subdivision, in accordance with the procedure contained in this 25 section. In addition to the powers as enumerated within section two 26 hundred fifty of this article, the district shall have the power, as 27 determined by the county legislature, to: (a) recommend and establish 28 one or more zones of assessment within the district based upon territo- 29 rial boundaries, the method of wastewater collection, treatment and 30 disposal existing or proposed, or both, and make changes to such zones 31 of assessments; (b) acquire interests in real property, including ease- 32 ments on residential parcels, necessary for the installation and mainte- 33 nance of district facilities; (c) prioritize district projects in 34 accordance with the Suffolk county subwatershed wastewater plan adopted 35 by the county legislature, and any amendments thereto; and (d) distrib- 36 ute grant proceeds within the district in accordance with the goals 37 established in the Suffolk county subwatershed wastewater plan. 38 3. Boundaries. The boundaries of the district shall coincide with the 39 territorial boundaries of the county of Suffolk. 40 4. County agency review and report. The county legislature shall 41 direct the county agency, appointed or established pursuant to section 42 two hundred fifty-one of this article, to review and report thereon to 43 the county legislature on the creation of the district and the merger 44 therewith of any or all existing county sewer districts in accordance 45 with this section and such other details as may be directed by the coun- 46 ty legislature consistent with this article. When the agency has caused 47 such report to be prepared, it shall transmit it to the county legisla- 48 ture. Upon receipt of the report, the county legislature shall call a 49 public hearing pursuant to subdivision five of this section to create a 50 Suffolk county wastewater management district in accordance with this 51 section. Such report shall be filed in the office of the clerk of the 52 legislature of Suffolk county. 53 5. Resolution. The county legislature of Suffolk county shall adopt a 54 resolution calling for a public hearing regarding the proposed creation 55 of the district.A. 8039 3 1 6. Notice of hearing. The clerk of the county legislature shall give 2 notice of the hearing described in subdivision five of this section not 3 less than ten nor more than twenty days before the day set therein for 4 the hearing, in the official newspapers of the county designated pursu- 5 ant to subdivision two of section two hundred fourteen of this chapter, 6 and if at least one of the official newspapers not be of county-wide 7 circulation, notice of the hearing shall also be published in a newspa- 8 per having county-wide circulation. The notice of hearing shall contain 9 whether the proposal for the district contains one or more zones of 10 assessment and the description of each whether based on territorial 11 boundaries, the method of sewage collection, treatment and disposal, or 12 both, at the time of creation; whether the district shall include the 13 merger of any or all Suffolk county sewer districts or any privately 14 sewered community into it at the time of its creation; whether to assess 15 upon each lot or parcel of land subject to taxation and located within 16 the district and the amount of money required to be paid by the typical 17 one or two family home within each zone of assessment, including the 18 annual expenses of operation and maintenance costs of the district and 19 the sums sufficient to pay the annual installment of principal of, and 20 interest on, obligations for improvements of the district; the basis for 21 the future assessment of all such expenses of the district by one or 22 more of the following methods: (a) special assessment as that term is 23 defined in subdivision fifteen of section one hundred two of the real 24 property tax law; (b) special ad valorem levy as that term is defined in 25 subdivision fourteen of section one hundred two of the real property tax 26 law; and (c) sewer rents as provided by article fourteen-F of the gener- 27 al municipal law; and the establishment by separate local law of a 28 steering committee as set forth in subdivision eleven of this section to 29 make recommendations to the county legislature regarding monitoring 30 progress within the district consistent with the Suffolk county subwat- 31 ershed wastewater management plan and the distribution of assessment 32 collections or funding from any other source between and among the zones 33 of assessment within the district. 34 7. Hearing and findings. (a) The county legislature shall meet at the 35 time and place specified in the notice required by subdivision six of 36 this section and hear all persons interested in the subject matter ther- 37 eof concerning the same. 38 (b) If the Suffolk county legislature shall determine after the public 39 hearing it is in the public interest to establish the district as recom- 40 mended in the report and specified in the notice of hearing; including 41 that the district contain one or more zones of assessment; the merger of 42 any or all existing Suffolk county sewer districts or the assimilation 43 of any privately sewered community into the district; to assess upon 44 each lot or parcel of land subject to taxation and located within the 45 district and the amount of money required to be paid by the typical one 46 or two family home within each zone of assessment, including the annual 47 expenses of operation and maintenance costs of the district and the sums 48 sufficient to pay the annual installment of principal of, and interest 49 on, obligations for improvements of the district; the basis for the 50 future assessment of all such expenses of the district by one or more of 51 the following methods: (i) special assessment as that term is defined in 52 subdivision fifteen of section one hundred two of the real property tax 53 law, (ii) special ad valorem levy as that term is defined in subdivision 54 fourteen of section one hundred two of the real property tax law, and 55 (iii) sewer rents as provided by article fourteen-F of the general 56 municipal law; the establishment by separate local law of a steeringA. 8039 4 1 committee as set forth in subdivision eleven of this section, it may 2 adopt a resolution, subject to permissive referendum pursuant to section 3 one hundred one of this chapter, so creating the district to form a 4 single county-wide sewer and wastewater management district known as the 5 "Suffolk county wastewater management district". If the county legisla- 6 ture shall determine that it is not in the public interest to establish 7 such district, it shall adopt a resolution so stating and terminating 8 the proceedings with respect thereto. 9 (c) The permission of the state comptroller shall not be required to 10 establish a district created pursuant to this section. 11 8. Notice of adoption of resolution. Within ten days after the 12 adoption by the Suffolk county legislature of the resolution to estab- 13 lish the district described in subdivision seven of this section, the 14 Suffolk county legislature shall give notice thereof, at the expense of 15 the county, by the publication of a notice in such newspapers and within 16 such time period as set forth in section one hundred one of this chap- 17 ter. Such notice shall set forth the date of adoption of the resolution 18 and contain an abstract of such resolution, describing, in general 19 terms, its purpose and intent and that such resolution was adopted 20 subject to permissive referendum. 21 9. Recording determination. The clerk of the county legislature shall 22 within ten days after the effective date of the resolution creating the 23 district cause a certified copy to be recorded in the office of the 24 clerk of the county and when so recorded such order shall be presumptive 25 evidence of the regularity of the proceedings for the creation of the 26 district and of all other action taken by the county legislature pursu- 27 ant to this section. A certified copy shall also be filed in the office 28 of the state department of audit and control in Albany, New York. 29 10. Creation of the district. The creation of the district and the 30 merger of any existing county sewer districts therewith shall become 31 effective on January first of the next succeeding year following its 32 adoption as set forth in subdivision seven of this section. Upon such 33 creation and merger, all the property of such sewer districts so merged 34 shall become the property of the district, however, shall remain attrib- 35 utable to such zone of assessment therein established from which it was 36 originally acquired, and the district shall, on terms approved by the 37 county legislature, assume and pay the remaining indebtedness of each 38 such original sewer district as if such indebtedness had been incurred 39 subsequent to the creation of the district and the merger therewith of 40 all existing sewer districts, however, any and all such debt assumed and 41 payable shall thereafter continue to be payable solely with funds 42 collected within the zone of assessment from which the debt was 43 originally assumed. The Suffolk county wastewater management district 44 shall be deemed a county-wide special district to carry out the purposes 45 of this article and such other terms as provided in this article. 46 11. Steering committee to the district. The steering committee shall 47 be comprised of the following members: a representative from the depart- 48 ment of environmental conservation; a representative from the East End 49 supervisors and mayors association; the chair of the Suffolk town super- 50 visors association or designee; the chair from the building trades or 51 designee; the chair of the Suffolk county planning commission; a repre- 52 sentative from a regional environmental organization; the county execu- 53 tive or designee; the presiding officer of the Suffolk county legisla- 54 ture or designee; the minority leader of the Suffolk county legislature 55 or designee; the Suffolk county department of public works commissioner 56 or designee; and the Suffolk county department of health servicesA. 8039 5 1 commissioner or designee. The powers and duties of the steering commit- 2 tee shall include auditing fiscal allocations as it relates to the goals 3 of the Suffolk county subwatershed wastewater management plan, making 4 prudent recommendations for resource allocations for county-approved 5 alternative wastewater treatment technologies not contemplated in the 6 Suffolk county subwatershed wastewater management plan and long-term 7 progress monitoring of the implementation of the Suffolk county subwat- 8 ershed wastewater management plan regarding nitrogen load reductions and 9 ecological endpoints. 10 12. Future improvements. When improvements are proposed to be made to 11 the district after the effective date of this section, the county legis- 12 lature shall review and determine whether the improvements and the cost 13 thereof are in the public interest consistent with the recommendations 14 set forth in the Suffolk county subwatershed wastewater management plan 15 and in accordance with the Suffolk county subwatershed wastewater 16 management plan procedure set forth in this article prior to undertaking 17 such improvements. Permission of the state comptroller shall not be 18 required for the county legislature to approve or disapprove such 19 improvements. 20 13. Changes in zones of assessment. After the formation of the 21 district in accordance with this section, when changes in the number, 22 the boundaries, the basis for determining such zones, or the allocation 23 of costs of facilities as between such zones of assessment are proposed, 24 the county legislature shall determine the necessity for such changes to 25 the district's zones of assessment by resolution approved by majority 26 vote of the total membership of the county legislature, and permission 27 of the state comptroller shall not be required. 28 14. Assessments, levys and charges. After the formation of the 29 district in accordance with this section, the county is hereby author- 30 ized by resolution approved by majority vote of the total membership of 31 the county legislature to assess, levy and collect upon each lot or 32 parcel of land subject to taxation within the district: (a) special 33 assessment as that term is defined in subdivision fifteen of section one 34 hundred two of the real property tax law; (b) special ad valorem levy as 35 that term is defined in subdivision fourteen of section one hundred two 36 of the real property tax law; and (c) sewer rents as provided by article 37 fourteen-F of the general municipal law determined to be in the public 38 interest pursuant to subdivision six of this section. Such costs and 39 expenses may include, but shall not be limited to, the amount of money 40 required to pay the annual expenses of maintenance, operation, personnel 41 services of the district and the sums sufficient to pay the annual 42 installment of principal of, and interest on, obligations for improve- 43 ments of the district. Such sums so levied shall be collected by the 44 local tax collectors or receivers of taxes and assessments and shall be 45 paid over to the chief fiscal officer of the county, in the same manner 46 and at the same time as taxes levied for general county purposes. The 47 chief fiscal officer shall keep a separate account of such moneys and 48 they shall be used only for purposes set forth in this section, and in 49 addition, all monies collected from each zone of assessment established 50 or amended in accordance with this section shall be further segregated 51 and shall not be commingled with monies of other zones of assessment 52 except upon approval by resolution of the county legislature upon recom- 53 mendation of the steering committee established in accordance with this 54 section. 55 15. Other laws. All provisions of the real property tax law and the 56 Suffolk county tax act, as the same may be amended from time to time,A. 8039 6 1 not inconsistent with the provisions of this article, relating to the 2 assessing, levy and collection and enforcement of special assessments, 3 ad valorem levies and sewer rents in the county shall apply and be of 4 equal force and applicability to special assessments, ad valorem levies 5 and sewer rents authorized pursuant to this section. 6 16. Towns and villages. This section shall not be construed as merging 7 the sewer districts of towns and villages within the county of Suffolk 8 into the district created by this section, however the merger of any 9 town or village sewer district with the district shall be in accordance 10 with section two hundred seventy-seven of this article. 11 § 2. Section 257 of the county law is amended by adding a new subdivi- 12 sion 4 to read as follows: 13 4. Except as set forth in section two hundred fifty-six-b of this 14 article, notwithstanding the provisions of this section or the 15 provisions of any general, special or local law, no resolution or local 16 law adopted by the county of Suffolk pursuant to any provision in this 17 article that would otherwise be subject, shall be subject to referendum, 18 provided that the legislature of the county of Suffolk has adopted such 19 resolution or local law by at least a two-thirds vote of the total 20 membership of the legislature of the county of Suffolk. 21 § 3. Paragraph (g) of subdivision 2 of section 3-c of the general 22 municipal law, as added by section 1 of part A of chapter 97 of the laws 23 of 2011, is amended to read as follows: 24 (g) "Tax levy limit" means the amount of taxes authorized to be levied 25 by or on behalf of a local government pursuant to this section, 26 provided, however, that the tax levy limit shall not include the follow- 27 ing: 28 (i) a tax levy necessary for expenditures resulting from court orders 29 or judgments against the local government arising out of tort actions 30 for any amount that exceeds five percent of the total tax levied in the 31 prior fiscal year; 32 (ii) in years in which the system average actuarial contribution rate 33 of the New York state and local employees' retirement system, as defined 34 by paragraph ten of subdivision a of section nineteen-a of the retire- 35 ment and social security law, increases by more than two percentage 36 points from the previous year, a tax levy necessary for expenditures for 37 the coming fiscal year for local government employer contributions to 38 the New York state and local employees' retirement system caused by 39 growth in the system average actuarial contribution rate minus two 40 percentage points; 41 (iii) in years in which the system average actuarial contribution rate 42 of the New York state and local police and fire retirement system, as 43 defined by paragraph eleven of subdivision a of section three hundred 44 nineteen-a of the retirement and social security law, increases by more 45 than two percentage points from the previous year, a tax levy necessary 46 for expenditures for the coming fiscal year for local government employ- 47 er contributions to the New York state and local police and fire retire- 48 ment system caused by growth in the system average actuarial contrib- 49 ution rate minus two percentage points; 50 (iv) in years in which the normal contribution rate of the New York 51 state teachers' retirement system, as defined by paragraph a of subdivi- 52 sion two of section five hundred seventeen of the education law, 53 increases by more than two percentage points from the previous year, a 54 tax levy necessary for expenditures for the coming fiscal year for local 55 government employer contributions to the New York state teachers'A. 8039 7 1 retirement system caused by growth in the normal contribution rate minus 2 two percentage points[.]; and 3 (v) any special assessment as that term is defined in subdivision 4 fifteen of section one hundred two of the real property tax law and any 5 special ad valorem levy as that term is defined in subdivision fourteen 6 of section one hundred two of the real property tax law, levied pursuant 7 to section two hundred fifty-six-b of the county law. 8 § 4. This act shall take effect immediately.
