Bill Text: NY S00321 | 2015-2016 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-06-16 - SUBSTITUTED BY A99D [S00321 Detail]
Download: New_York-2015-S00321-Amended.html
Bill Title: Establishes an underground utility improvement district in the town of East Hampton, county of Suffolk.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-06-16 - SUBSTITUTED BY A99D [S00321 Detail]
Download: New_York-2015-S00321-Amended.html
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:
1 Section 1. Section 190 of the town law, as amended by chapter 378 of
2 the laws of 2012, is amended to read as follows:
3 S 190. Establishment or extension of improvement districts. Upon a
4 petition as hereinafter provided, the town board of any town may estab-
5 lish or extend in said town a sewer, drainage, water, water quality
6 treatment, park, public parking, lighting, snow removal, water supply,
7 sidewalk, a fallout shelter district or refuse and garbage district,
8 aquatic plant growth control district, ambulance district, watershed
9 protection improvement district, UNDERGROUND UTILITY IMPROVEMENT
10 DISTRICT, and in any town bordering upon or containing within its bound-
11 aries any navigable waters of this state, a harbor improvement district,
12 a public dock district, or beach erosion control district, and provide
13 improvements or services, or both, in any such district, wholly at the
14 expense of the district; but no water supply district shall be estab-
15 lished or extended to include lands situate within the boundaries of a
16 water district. No such district shall be established or extended in a
17 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
1 district may be established or extended wholly or partly within an
2 incorporated village on consent of the village expressed in a local law,
3 ordinance or resolution, subject to a referendum on petition under
4 section twenty-four of the municipal home rule law or a permissive
5 referendum under article nine of the village law, as the case may be,
6 and except, in the case of a water quality treatment district, on
7 consent of a village expressed in a local law or by resolution of the
8 board of trustees and not subject to any referendum.
9 S 2. The town law is amended by adding a new section 190-h to read as
10 follows:
11 S 190-H. APPLICABILITY. THE PROVISIONS OF THIS ARTICLE SHALL ONLY
12 APPLY WITHIN COUNTIES WITH A POPULATION OF ONE MILLION OR MORE WHICH
13 DRAW THEIR PRIMARY SOURCE OF DRINKING WATER FOR A MAJORITY OF COUNTY
14 RESIDENTS FROM A DESIGNATED SOLE SOURCE AQUIFER.
15 S 3. Paragraph a of subdivision 1 of section 193 of the town law, as
16 amended by chapter 378 of the laws of 2012, is amended to read as
17 follows:
18 a. Whenever a petition shall be presented to the town board pursuant
19 to this article, for the establishment or extension of a sewer, wastewa-
20 ter disposal, drainage, water, water quality treatment, park, public
21 parking, lighting, snow removal, water supply, sidewalk, refuse and
22 garbage, aquatic plant growth control district, ambulance district,
23 harbor improvement district, public dock district, beach erosion control
24 district, watershed protection improvement district, UNDERGROUND UTILITY
25 IMPROVEMENT DISTRICT, or a fallout shelter district, the board shall
26 adopt an order and enter the same in the minutes of its proceedings,
27 reciting in general terms the filing of such petition, the boundaries of
28 the proposed district, the improvements proposed, the maximum amount
29 proposed to be expended for the improvement as stated in the petition or
30 the maximum amount to be expended for the performance or supplying of
31 services if a maximum amount is stated in the petition, the estimated
32 cost of hook-up fees, if any, to, and the cost of the district or exten-
33 sion to, the typical property and, if different, the typical one or two
34 family home, and specifying the time when and place where said board
35 will meet to consider the petition and to hear all persons interested in
36 the subject thereof, concerning the same. The board shall cause a copy
37 of such order, certified by the town clerk, to be published at least
38 once in the official paper, the first publication thereof to be not less
39 than ten nor more than twenty days before the day set therein for the
40 hearing as aforesaid, and shall also cause a copy thereof to be posted
41 on the signboard of the town maintained pursuant to subdivision six of
42 section thirty of this chapter, not less than ten nor more than twenty
43 days before the day designated for the hearing as aforesaid. In the
44 event that the town maintains a website, such information may also be
45 provided on the website. Prior to the publication of a copy of the
46 order, the board shall cause to be prepared, and file for public
47 inspection with the town clerk, a detailed explanation of how the esti-
48 mated cost of hook-up fees, if any, to, and the cost of the district or
49 extension to, the typical property and, if different, the typical one or
50 two family home was computed.
51 S 4. Section 198 of the town law is amended by adding a new subdivi-
52 sion 10-h to read as follows:
53 10-H. UNDERGROUND UTILITY IMPROVEMENT DISTRICT. AFTER AN UNDERGROUND
54 UTILITY IMPROVEMENT DISTRICT HAS BEEN ESTABLISHED, THE TOWN BOARD MAY
55 TAKE SUCH ACTION AS MAY BE REQUIRED TO ADOPT PLANS AND SPECIFICATIONS
56 AND ENTER INTO A CONTRACT OR CONTRACTS, OR TAKE SUCH OTHER ACTIONS AS
S. 321--A 3 A. 99--A
1 MAY BE REQUIRED WITH A PUBLIC UTILITY COMPANY, MUNICIPALITY, OR PUBLIC
2 AUTHORITY IN ORDER TO CONSTRUCT UNDERGROUND NEW PUBLIC UTILITY FACILI-
3 TIES OR CONVERT EXISTING OVERHEAD PUBLIC UTILITY FACILITIES TO UNDER-
4 GROUND FACILITIES. FOR THE PURPOSES OF THIS SUBDIVISION, "PUBLIC UTILITY
5 FACILITIES" SHALL INCLUDE THE TRANSMISSION AND DISTRIBUTION OF ELEC-
6 TRICAL ENERGY, TELEPHONE LINES, AND CABLE TELEVISION LINES, INCLUDING
7 POLES, WIRES, AND ALL ASSOCIATED STRUCTURES.
8 S 5. Subdivision 3 of section 202 of the town law, as amended by chap-
9 ter 378 of the laws of 2012, is amended to read as follows:
10 3. The expense of the establishment of a park, public parking, water,
11 lighting, snow removal, water supply, water, water storage and distrib-
12 ution, sidewalk, refuse and garbage, aquatic plant growth control
13 district, ambulance district, harbor improvement district, watershed
14 protection improvement district, UNDERGROUND UTILITY IMPROVEMENT
15 DISTRICT, public dock district, fallout shelter district, or beach
16 erosion control district, and providing improvements or services, or
17 both, therefor, and of constructing lateral water mains pursuant to
18 paragraph (b) of subdivision one of section one hundred ninety-nine OF
19 THIS ARTICLE, shall be assessed, levied and collected from the several
20 lots and parcels of land within the district for each purpose in the
21 same manner and at the same time as other town charges, except as other-
22 wise provided by law. In the event that any order adopted pursuant to
23 section two hundred nine-d of this chapter for the establishment of a
24 water district, sidewalk district, a public parking district, a refuse
25 and garbage district, an aquatic plant growth control district, lighting
26 district, watershed protection improvement district, UNDERGROUND UTILITY
27 IMPROVEMENT DISTRICT, or beach erosion and control district or that any
28 petition for the establishment of a water district, sidewalk district, a
29 public parking district, a refuse and garbage district, an aquatic plant
30 growth control district, lighting district, or beach erosion control
31 district, shall contain a statement that the cost of constructing the
32 water system, sidewalks, lighting system, or acquiring and improving
33 lands for public parking or for refuse and garbage purposes or for beach
34 erosion control, or for watershed protection improvement district, OR
35 FOR UNDERGROUND UTILITY IMPROVEMENT DISTRICT, or for aquatic plant
36 growth control, shall be assessed by the town board in proportion as
37 nearly as may be to the benefit which each lot or parcel will derive
38 therefrom, the amount to be raised for the payment of the principal and
39 interest of the bonds issued for the construction of the water system,
40 sidewalks, lighting system, or acquiring and improving lands for public
41 parking or for refuse and garbage purposes or for beach erosion control,
42 or for aquatic plant growth control, or for watershed protection
43 improvement district, OR FOR UNDERGROUND UTILITY IMPROVEMENT DISTRICT,
44 pursuant to such petition or order, shall be assessed on the lands with-
45 in such district in the same manner as provided in the case of trunk
46 sewers. The expense of constructing lateral water mains pursuant to
47 paragraph (c) of subdivision one of section one hundred ninety-nine OF
48 THIS ARTICLE shall be assessed, levied and collected from the several
49 lots and parcels of land within the district in proportion to the area
50 of such lot or parcel of land to the total area of the district.
51 S 6. Subdivision 2 of section 202-b of the town law, as amended by
52 chapter 378 of the laws of 2012, is amended to read as follows:
53 2. The town board may, on behalf of a park, public parking, ambulance,
54 lighting, snow removal, refuse and garbage, public dock, watershed
55 protection improvement district, UNDERGROUND UTILITY IMPROVEMENT
56 DISTRICT, or beach erosion control district, and within the limitations
S. 321--A 4 A. 99--A
1 of section one hundred ninety-eight of this chapter, acquire additional
2 apparatus and equipment and replace obsolete, inadequate, damaged,
3 destroyed or worn-out apparatus and equipment, and it may construct
4 additional facilities and appurtenances thereto or reconstruct or
5 replace obsolete, inadequate, damaged, destroyed or worn-out facilities
6 and appurtenances thereto. Such expenditure shall be authorized in the
7 manner provided in subdivision one of this section, except that the map
8 and plan described by said subdivision one shall not be required. Howev-
9 er, nothing herein contained shall be construed to limit or supersede
10 the provisions of section seventy-two hundred three of the education
11 law.
12 S 7. Subdivision 1 of section 209-a of the town law, as amended by
13 chapter 378 of the laws of 2012, is amended to read as follows:
14 1. the term "improvement district" shall include only a sewer, waste-
15 water disposal, drainage, water, park, public parking, lighting, snow
16 removal, water supply, sidewalk, refuse and garbage, aquatic plant
17 growth control, or watershed protection improvement district, OR UNDER-
18 GROUND UTILITY IMPROVEMENT DISTRICT, or ambulance district in any town,
19 and, in any town bordering upon or containing within its boundaries any
20 navigable water of this state a public dock or beach erosion control
21 district;
22 S 8. Subdivision 1 of section 209-d of the town law, as amended by
23 chapter 378 of the laws of 2012, is amended to read as follows:
24 1. Subsequent to the date of the filing of the map, plans and report
25 in the office of the town clerk as required in section two hundred
26 nine-c of this article the town board may adopt an order and enter the
27 same in the minutes of its proceedings reciting a description of the
28 boundaries of the proposed district or extension in a manner sufficient
29 to identify the lands included therein as in a deed of conveyance, the
30 improvements proposed, the maximum amount proposed to be expended for
31 the improvement, the estimated cost of hook-up fees, if any, to, and the
32 cost of the district or extension to, the typical property and, if
33 different, the typical one or two family home, the proposed method of
34 financing to be employed, the fact that a map, plan and report describ-
35 ing the same are on file in the town clerk's office for public
36 inspection and specifying the time when and the place where said board
37 will meet and hold a public hearing to hear all persons interested in
38 the subject thereof, concerning the same. If such order proposes only
39 the performance or supplying of certain services, it may state the maxi-
40 mum amount to be expended annually for such services. The board shall
41 cause a copy of such order to be published at least once in the official
42 paper, the first publication thereof to be not less than ten nor more
43 than twenty days before the day set therein for the hearing as afore-
44 said, and shall also cause a copy thereof to be posted on the sign-board
45 of the town maintained pursuant to subdivision six of section thirty of
46 this chapter, not less than ten nor more than twenty days before the day
47 designated for the hearing as aforesaid. Such order may further state
48 such place other than the town clerk's office where the map, plan and
49 report may be examined in advance of the hearing, if the town board
50 determines that, in the public interest, some other additional place is
51 necessary or desirable. If a water district, sidewalk district, a public
52 parking district, a refuse and garbage district, aquatic plant growth
53 control district, watershed protection improvement district, UNDERGROUND
54 UTILITY IMPROVEMENT DISTRICT, or beach erosion control district is
55 proposed, such order may contain a statement that the cost of construct-
56 ing the water system, sidewalks or acquiring lands for public parking or
S. 321--A 5 A. 99--A
1 for refuse and garbage purposes, or aquatic plant growth control
2 purposes or for beach erosion control or for watershed protection
3 improvement purposes, OR FOR UNDERGROUND UTILITY IMPROVEMENT PURPOSES,
4 shall be assessed by the town board in proportion as nearly as may be to
5 the benefit which each lot or parcel will derive therefrom. Prior to the
6 publication of the order, the board shall cause to be prepared, and file
7 for public inspection with the town clerk, a detailed explanation of how
8 the estimated cost of hook-up fees, if any, to, and the cost of the
9 district or extension to, the typical property and, if different, the
10 typical one or two family home, was computed.
11 S 9. This act shall take effect immediately.
