Bill Text: NY S00326 | 2017-2018 | General Assembly | Introduced
Bill Title: Enacts the " New York state separate stormwater sewer system mandate relief act of 2017"; appropriates $600,000,000 therefor; provides that moneys received from any settlement with Deutsche Bank shall be used to fund such appropriation; directs the environmental facilities corporation to fund municipal stormwater management projects; establishes a new drinking water program management and administration fund; provides state aid for watershed protection; requires the commissioner of environmental conservation to consider a municipality's financial capabilities and the affordability of control options during the issuance of permits for wet weather discharges from sanitary sewers; authorizes use of the drinking water revolving fund for stormwater best management practices; provides for the municipal protection and restoration of groundwater, surface waters and drinking water quality.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-13 - RECOMMIT, ENACTING CLAUSE STRICKEN [S00326 Detail]
Download: New_York-2017-S00326-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 326 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sen. MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to enact the "New York state municipal separate stormwater sewer system mandate relief act of 2017"; to enact the "New York state stormwater management financing act of 2017"; and to provide for the allocation of monies received by the state from any settlement with Deutsche Bank (Subpart A); to direct the environmental facilities corporation to provide financial assistance payments in support of municipal stormwater management projects (Subpart B)(Part A); to make an appropriation for the purposes of the New York state stormwater management financing act of 2017 (Part B); to amend the public author- ities law, in relation to the drinking water revolving fund of the environmental facilities corporation; to amend the state finance law, in relation to establishing the drinking water program management and administration fund; and to repeal section 97-ddd of the state finance law relating to the drinking water program management and adminis- tration fund (Part C); to amend the soil and water conservation districts law, the town law, the administrative code of the city of New York and the general municipal law, in relation to state aid for watershed protection (Part D); to amend the environmental conservation law, in relation to requiring consideration of a municipality's finan- cial capabilities and the affordability of control options when issu- ing permits for wet weather discharges from sanitary sewers; and to amend the public health law, in relation to eligibility for funding from the drinking water revolving fund (Part E); and to amend the general municipal law, the general city law, the county law and the village law, in relation to the protection and restoration of ground- water, surface waters and drinking water quality (Part F) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02338-01-7S. 326 2 1 Section 1. Short title. This act may be known and be cited as the "New 2 York state municipal separate stormwater sewer system mandate relief act 3 of 2017". 4 § 2. This act enacts into law major components of legislation relating 5 to municipal separate stormwater sewer system mandate relief. Each 6 component is wholly contained within a Part identified as Parts A 7 through F. The effective date for each particular provision contained 8 within such Part is set forth in the last section of such Part. Any 9 provision in any section contained within a Part, including the effec- 10 tive date of the Part, which makes a reference to a section "of this 11 act", when used in connection with that particular component, shall be 12 deemed to mean and refer to the corresponding section of the Part in 13 which it is found. Section four of this act sets forth the general 14 effective date of this act. 15 PART A 16 Section 1. Short title. This act may be known and be cited as the 17 "New York state stormwater management financing act of 2017". 18 § 2. This act enacts into law major components of legislation relating 19 to stormwater management financing. Each component is wholly contained 20 within a Subpart identified as Subpart A and B. The effective date for 21 each particular provision contained within such Subpart is set forth in 22 the last section of such Subpart. Any provision in any section contained 23 within a Subpart, including the effective date of the Subpart, which 24 makes a reference to a section "of this act", when used in connection 25 with that particular component, shall be deemed to mean and refer to the 26 corresponding section of the Subpart in which it is found. Section four 27 of this act sets forth the general effective date of this act. 28 SUBPART A 29 Section 1. Notwithstanding any other provision of law, rule or regu- 30 lation to the contrary, any monies received by the state from any 31 settlement with Deutsche Bank shall be used to provide state assistance 32 for a water project referred to in section 1045-b of the public authori- 33 ties law or a non-agricultural nonpoint source abatement and control 34 project referred to in section 17-1409 of the environmental conservation 35 law. 36 As used in this section, the term "settlement revenue" shall mean the 37 sum of all revenue received as a result of civil litigation involving 38 Deutsche Bank in state fiscal year 2017-2018. 39 Such monies shall be disbursed for payment of financial assistance, 40 from funds appropriated for such purpose, to municipalities in support 41 of stormwater management projects pursuant to section 1285-m of the 42 public authorities law or section 17-0709 of the environmental conserva- 43 tion law, which, notwithstanding any other provision of law to the 44 contrary, shall be used for purposes to support stormwater management 45 projects; provided that at least $600,000,000 shall be made available 46 from the settlement revenue and shall be payable no later than ninety 47 days after the effective date of this act, for the purpose of providing 48 financial assistance. 49 § 2. This act shall take effect immediately. 50 SUBPART BS. 326 3 1 Section 1. For purposes of this act: 2 a. "Stormwater management project" shall mean a water project, as 3 defined in section 1045-b of the public authorities law, or a nonpoint 4 source project such as stormwater management projects which otherwise 5 meet the definition of a "nonpoint source abatement and control program" 6 as defined in section 17-1403 of the environmental conservation law, and 7 an "eligible project" as defined in paragraphs (a), (b), (c) and (e) of 8 subdivision 4 of section 1160 of the public health law. 9 b. "Construction" shall mean: 10 (1) for water projects, as defined in section 1045-b of the public 11 authorities law; and 12 (2) for eligible projects, as defined in section 1160 of the public 13 health law. 14 c. "Municipality" shall mean any county, city, town, village, district 15 corporation, county or town improvement district, school district, Indi- 16 an nation or tribe recognized by the state or the United States with a 17 reservation wholly or partly within the boundaries of the state, any 18 public benefit corporation or public authority established pursuant to 19 state laws or any agency which is empowered to construct and operate a 20 stormwater management project, or any two or more of the foregoing which 21 are acting jointly in connection with a stormwater management project. 22 § 2. a. The environmental facilities corporation shall undertake and 23 provide state financial assistance payments, from funds appropriated for 24 such purpose, to municipalities in support of stormwater management 25 projects; provided, however, in any such year that funds are appropri- 26 ated for such purpose, no municipality shall receive more than ten 27 million dollars of appropriated funds in a single fiscal year. Such 28 state financial assistance payments shall be awarded only to stormwater 29 management projects for: 30 (1) SPDES upgrades, to assist existing sewage treatment works, public 31 or private, to rehabilitate, replace or upgrade equipment that is unre- 32 liable, failing or nearing the end of its useful life and is necessary 33 to the treatment process which allow such sewage treatment works to 34 reliably meet the conditions of their respective state pollutant 35 discharge elimination system permits as defined in section 17-0815 of 36 the environmental conservation law; 37 (2) New infrastructure funds, to construct new sewage treatment works 38 or community septic systems and related infrastructure, including 39 related sewerage collection systems, or to create and fund septic 40 districts in areas of existing development, to address existing or 41 anticipated water quality problems; 42 (3) Sewer extensions, to construct extensions to sewerage collection 43 systems, community septic systems and related infrastructure, in areas 44 of existing concern; 45 (4) Stormwater retrofits, to design, permit, construct, implement and 46 maintain stormwater best management practices to address existing storm- 47 water runoff in concentrated areas of impervious surfaces to the extent 48 such practices are necessary to correct or reduce existing erosion 49 and/or pollutant loadings; 50 (5) Sand and salt storage facilities, to improve the storage of sand, 51 salt and other road de-icing materials so as to better protect water 52 quality and to assist local governments in complying with the watershed 53 regulations; 54 (6) Stream corridor protection, to pay the costs of designing, 55 constructing and implementing stream corridor protection projects such 56 as streambank stabilizations and fish habitat;S. 326 4 1 (7) Water quality projects, provided that such measures constitute 2 water projects as defined in section 1045-b of the public authorities 3 law; 4 (8) Rehabilitation or replacement of subsurface sewage treatment 5 systems that are failing or likely to fail soon or are in areas which 6 exhibit concentrations of failing or soon-to-be-failing septic systems, 7 including pump-outs and to determine whether rehabilitation or replace- 8 ment is appropriate; and 9 (9) Sewerage collection systems or extensions to sewerage collection 10 systems to the extent necessary to serve areas with concentrations of 11 failing or soon-to-be-failing treatment systems constructed on inappro- 12 priate sites from a water quality perspective such as undersized lots in 13 lakefront communities adjacent to lakes or reservoirs, or to combine 14 sewage flows currently treated at two or more wastewater treatment 15 plants and expansions of existing wastewater treatment plants or 16 construction of new wastewater treatment plants necessary to accommodate 17 the additional flow resulting from such sewering. 18 b. A municipality may make an application for such state financial 19 assistance payment, in a manner, form and timeframe, and containing such 20 information as the environmental facilities corporation may require; 21 provided however, such requirements shall not include a requirement for 22 prior listing on the intended use plan. 23 c. A municipality shall not be required to accept environmental facil- 24 ities corporation loan financing in order to obtain a state financial 25 assistance payment pursuant to this act if it can provide proof of 26 having obtained similarly low cost financing or other funding from 27 another source. 28 § 2. This act shall take effect immediately. 29 § 3. Severability. If any clause, sentence, paragraph, section, or 30 part of this act shall be adjudged by any court of competent jurisdic- 31 tion to be invalid, such judgment shall not affect, impair or invalidate 32 the remainder thereof, but shall be confined in its operation to the 33 clause, sentence, paragraph, section, or part thereof involved in the 34 controversy in which such judgment shall have been rendered. 35 § 4. This act shall take effect immediately; provided, however, that 36 the applicable effective date of Subparts A and B of this act shall be 37 as specifically set forth in the last section of such Subparts. 38 PART B 39 Section 1. The sum of six hundred million dollars ($600,000,000), or 40 so much thereof as may be necessary, is hereby appropriated to the 41 department of environmental conservation from any moneys in the state 42 treasury in the general fund to the credit of the aid to localities 43 account not otherwise appropriated for the purposes of carrying out the 44 provisions of the New York state stormwater management financing act of 45 2017. Up to two hundred million dollars ($200,000,000) shall be avail- 46 able from this appropriation in state fiscal year 2017-18, up to an 47 additional two hundred million dollars ($200,000,000) shall be available 48 in state fiscal year 2018-19, and up to an additional two hundred 49 million dollars ($200,000,000) shall be available in state fiscal year 50 2019-20. All or a portion of such funds may be suballocated or trans- 51 ferred to the environmental facilities corporation, the department of 52 health, the department of state or the soil and water conservation 53 committee provided that the amount suballocated or transferred is used 54 for the purposes of financing stormwater management projects. Such sumS. 326 5 1 shall be payable on the audit and warrant of the state comptroller on 2 vouchers certified or approved by the commissioner of environmental 3 conservation, or his or her duly designated representative in the manner 4 provided by law. No expenditure shall be made from this appropriation 5 until a certificate of approval of availability shall have been issued 6 by the director of the budget and filed with the state comptroller and a 7 copy filed with the chairman of the senate finance committee and the 8 chairman of the assembly ways and means committee. Such certificate may 9 be amended from time to time by the director of the budget and a copy of 10 each such amendment shall be filed with the state comptroller, the 11 chairman of the senate finance committee and the chairman of the assem- 12 bly ways and means committee. 13 § 2. This act shall take effect immediately. 14 PART C 15 Section 1. Paragraphs (e) and (f) of subdivision 3 of section 1285-m 16 of the public authorities law, as added by chapter 413 of the laws of 17 1996, are amended and a new paragraph (g) is added to read as follows: 18 (e) investment earnings on amounts in such fund; [and] 19 (f) the proceeds of bonds or notes issued by the corporation for 20 purposes of providing financial assistance to recipients[.]; and 21 (g) moneys appropriated pursuant to the New York state stormwater 22 management financing act of two thousand seventeen. 23 § 2. Section 97-ddd of the state finance law, as added by chapter 432 24 of the laws of 1997, is REPEALED and a new section 99-z is added to read 25 as follows: 26 § 99-z. Drinking water program management and administration fund. 1. 27 There is hereby established in the joint custody of the state comp- 28 troller and the commissioner of taxation and finance a fund to be known 29 as the "drinking water program management and administration fund". 30 2. The drinking water program management and administration fund may 31 consist of (a) all moneys transferred to the state from the drinking 32 water revolving fund pursuant to section twelve hundred eighty-five-m of 33 the public authorities law, (b) all or a portion of moneys made avail- 34 able to the state for purposes of administering and managing financial 35 assistance provided to recipients from the drinking water revolving fund 36 pursuant to the Federal Safe Drinking Water Act, (c) moneys appropriated 37 pursuant to the New York state stormwater management financing act of 38 two thousand seventeen; and (d) all other moneys credited or transferred 39 thereto from any other fund or source pursuant to law. 40 3. Moneys in the drinking water program management and administration 41 fund shall be kept separately from and shall not be commingled with any 42 other moneys in the custody of the state comptroller. 43 4. Moneys in the fund, following appropriation, may be used, for the 44 purpose of paying all costs of the department of health and New York 45 state environmental facilities corporation for management and adminis- 46 tration of the drinking water program established by title four of arti- 47 cle eleven of the public health law, the drinking water revolving fund 48 established by section twelve hundred eighty-five-m of the public 49 authorities law and the New York state municipal separate stormwater 50 sewer system mandate relief act of two thousand seventeen. 51 § 3. This act shall take effect immediately. 52 PART DS. 326 6 1 Section 1. Subdivision 1 of section 11-a of the soil and water conser- 2 vation districts law is amended by adding a new paragraph (d) to read as 3 follows: 4 (d) Within amounts available, provide financial assistance to each 5 soil and water conservation district, in addition to the amounts 6 provided under paragraphs (a), (b) and (c) of this subdivision, for the 7 purposes of carrying out projects identified pursuant to the New York 8 state stormwater management financing act of two thousand seventeen. 9 § 2. Subdivision 10-g of section 198 of the town law, as added by 10 chapter 378 of the laws of 2012, is amended to read as follows: 11 10-g. Watershed protection improvement district. After a watershed 12 protection improvement district has been established, the town board may 13 take such action as may be required to adopt plans and specifications 14 and enter into a contract or contracts, apply for funding under the New 15 York state stormwater management financing act of two thousand seven- 16 teen, or take such other actions as may be required, for the protection 17 and restoration of groundwater, surface waters, and drinking water qual- 18 ity as it may deem to be necessary or desirable, including but not 19 limited to stormwater treatment projects and wetland construction. 20 § 3. Subdivision a of section 24-501 of the administrative code of the 21 city of New York is amended by adding a new paragraph 4 to read as 22 follows: 23 4. Notwithstanding any provision of law to the contrary, any stormwa- 24 ter management project assessed by the commissioner of environmental 25 protection to protect the water supply of the city of New York under 26 this section shall be deemed (a) a priority under section eleven hundred 27 sixty-one of the public health law; (b) to meet the hardship criteria 28 established by the environmental facilities corporation pursuant to 29 section twelve hundred eighty-five-m of the public authorities law; and 30 (c) eligible for funding pursuant to the New York state stormwater 31 management financing act of two thousand seventeen. 32 § 4. Section 119-c of the general municipal law, as added by chapter 33 346 of the laws of 1955, is amended to read as follows: 34 § 119-c. Construction and development of excess drainage facilities. 35 Any city, town or village, any county on behalf of a county drainage 36 district and any town on behalf of a town drainage district may, in 37 addition to all other powers possessed with respect to the construction 38 and development of drainage facilities, provide for the construction and 39 development of capacity in excess of its own needs for the purpose of 40 conveying and disposing of storm waters and other surface or sub-surface 41 waters collected by another public corporation or improvement district, 42 and, any provision of law to the contrary notwithstanding, may contract 43 indebtedness for such purpose, or apply for funding under the New York 44 state stormwater management financing act of two thousand seventeen. 45 The term "public corporation" as used in this article shall mean a 46 public corporation as defined in the [general corporations] business 47 corporation law. 48 § 5. Severability. If any clause, sentence, paragraph, section, or 49 part of this act shall be adjudged by any court of competent jurisdic- 50 tion to be invalid, such judgment shall not affect, impair or invalidate 51 the remainder thereof, but shall be confined in its operation to the 52 clause, sentence, paragraph, section, or part thereof involved in the 53 controversy in which such judgment shall have been rendered. 54 § 6. This act shall take effect immediately. 55 PART ES. 326 7 1 Section 1. The environmental conservation law is amended by adding a 2 new section 17-0709 to read as follows: 3 § 17-0709. Factors for the commissioner to consider when issuing 4 permits. 5 The commissioner or his or her designated representative shall consid- 6 er the following, to the extent allowable under this chapter and the 7 federal Water Pollution Control Act, for all permits issued pursuant to 8 this chapter for any discharges consisting of combined sewer overflows, 9 requiring and approving long-term control plans for wet weather 10 discharges from combined or separate sanitary sewer systems, or enforc- 11 ing provisions of the federal Water Pollution Control Act, 33 U.S.C. § 12 1251 et seq.: 13 1. limitations on a municipality's financial capabilities and ability 14 to raise or secure necessary funding; 15 2. affordability of control options; 16 3. an evaluation of the effectiveness and affordability of control 17 technologies; 18 4. promotion of green infrastructure; 19 5. reducing economic impacts on regulated entities, other state and 20 local governmental entities, and residents; 21 6. allowing for reasonable accommodations for regulated entities and 22 other state and local governmental entities when inflexible standards 23 and fines would impose a disproportionate financial hardship in light of 24 the environmental benefits to be gained; 25 7. giving preference, where proposed by a permittee, to control 26 options that meet presumption approach performance criteria and demon- 27 strate significant pollution reduction rather than mandating specific 28 designs; 29 8. allowing adequate time and flexibility for implementation schedules 30 when justified by a clear environmental benefit, a community's ability 31 to raise or secure adequate funds, an analysis concluding that the costs 32 of a shorter implementation schedule outweigh the benefits of faster 33 implementation, or other factors; and 34 9. the factors set forth in the United States Environmental Protection 35 Agency's "Combined Sewer Overflow Control Policy" that may ease the cost 36 burdens of implementing long-term control plans, including but not 37 limited to small system considerations, the attainability of water qual- 38 ity standards, and the development of wet weather standards. 39 § 2. Section 1161 of the public health law, as amended by chapter 355 40 of the laws of 2014, is amended to read as follows: 41 § 1161. Eligible projects; priority ranking. Subject to the provisions 42 of section thirty-two of [the] chapter four hundred thirteen of the laws 43 of 1996 [which added this section], in consultation with the commission- 44 er of environmental conservation, the commissioner shall establish and 45 maintain a list of potentially eligible projects and shall establish, 46 pursuant to rules and regulations, a process for listing potentially 47 eligible projects identified by potential recipients and a priority 48 ranking system for the purpose of providing financial assistance to 49 recipients for such projects under this title. In establishing such 50 system, the commissioner shall take into account the public health 51 significance of such potentially eligible projects which shall include, 52 but need not be limited to, an assessment of (i) public health and safe- 53 ty; (ii) population affected; (iii) attainment of state drinking water 54 quality goals and standards; (iv) taking into consideration the water 55 resources management strategy pursuant to title twenty-nine of article 56 fifteen of the environmental conservation law; (v) taking into consider-S. 326 8 1 ation future physical climate risk due to sea level rise, and/or storm 2 surges and/or flooding, based on available data predicting the likeli- 3 hood of future extreme weather events, including hazard risk analysis 4 data if applicable; [and] (vi) stormwater best management practices, 5 including source and nonpoint source control measures, their technical 6 and environmental feasibility, benefits, costs and cost-effectiveness, a 7 municipality's ability to pay and the affordability of control options; 8 and (vii) compliance with state and federal law, rules and regulations. 9 § 3. This act shall take effect immediately. 10 PART F 11 Section 1. Section 119-o of the general municipal law is amended by 12 adding a new subdivision 4 to read as follows: 13 4. For the purposes of this section, a joint water, sewage or drainage 14 project shall include any stormwater management project as defined in 15 subdivision a of section one of subpart B of the New York state stormwa- 16 ter financing act of two thousand seventeen. 17 § 2. Section 20 of the general city law is amended by adding a new 18 subdivision 8-b to read as follows: 19 8-b. To adopt a local law or ordinance or take such action as may be 20 required to adopt plans and specifications and enter into a contract or 21 contracts, apply for funding under the New York state stormwater manage- 22 ment financing act of two thousand seventeen, or take such other actions 23 as may be required, for the protection and restoration of groundwater, 24 surface waters and drinking water quality as it may deem to be necessary 25 or desirable, including but not limited to stormwater treatment projects 26 and wetland construction. 27 § 3. Section 250 of the county law, as amended by chapter 388 of the 28 laws of 1980, the opening paragraph as amended by chapter 620 of the 29 laws of 1996, subdivision 1-a as amended by section 73 of part A of 30 chapter 58 of the laws of 2010, subdivision 4-a as added by chapter 761 31 of the laws of 1981, subdivision 6 as amended by chapter 622 of the laws 32 of 1984, and subdivision 8 as amended by chapter 184 of the laws of 33 1981, is amended to read as follows: 34 § 250. Purpose. The board of supervisors of each county may establish, 35 consolidate, or extend county water, water quality treatment, sewer, 36 wastewater disposal, drainage, stormwater utility, or refuse districts 37 (hereinafter referred to in this article as the "district") in the 38 manner hereinafter provided: 39 1. For the purpose of developing or acquiring a supply of water for 40 (a) wholesale distribution to other municipalities, districts or 41 persons, corporate or otherwise, within the county water district, (b) 42 retail distribution, except as hereinafter provided, or (c) both such 43 wholesale and retail distribution; 44 1-a. For the purpose of (a) procuring by purchase, lease or other 45 means and installing water quality treatment units or devices, if 46 required; providing periodic testing and monitoring of raw and finished 47 water from private wells in the district; monitoring, modifying, repair- 48 ing, replacing, operation and maintenance, regenerating water quality 49 treatment units and devices and the administering of the treatment and 50 disposal of residuals generated in the operation of the district pursu- 51 ant to rules and regulations adopted by the public health and health 52 planning council under section two hundred twenty-five of the public 53 health law; (b) assisting local, state and federal agencies and offi- 54 cials in efforts to establish causes of, and implement remedial measuresS. 326 9 1 to reduce water contamination and protect future water resources within 2 the district; (c) conduct public meetings and issue an annual public 3 report to members of the district on the operation, financial position 4 and water quality condition of said district; provided, however, that 5 with respect to any town in the county the board of supervisors shall 6 first determine that such district or service will not be established or 7 provided by such town. 8 2. For the purpose of (a) the conveyance from other municipalities and 9 districts within the county of sewage, and treatment and disposal there- 10 of, (b) collection, except as hereinafter provided, or (c) both such 11 conveyance and such collection; 12 3. For the purpose of administration and planning (including educa- 13 tional programs), design, installation, construction, rehabilitation, 14 replacement, operation and maintenance (including pumping and 15 inspections), monitoring, residual treatment and disposal and regulation 16 of private on-site wastewater disposal systems of such district; 17 4. For the purpose of drainage of storm water and other waters, either 18 surface or subsurface, within the county; 19 4-a. For the purpose of effecting lake protection and rehabilitation, 20 and any activities necessarily related thereto. 21 5. For the purpose of the collection and disposition of garbage, 22 ashes, rubbish and other waste matter within the county. 23 5-a. For the purpose of the protection and restoration of groundwater, 24 surface waters and drinking water quality as it may be deemed to be 25 necessary or desirable, including but not limited to stormwater treat- 26 ment projects and wetland construction. 27 6. A county district established hereunder may consist of two or more 28 noncontiguous areas in which the water, sewer, wastewater disposal, 29 drainage or refuse system (hereinafter referred to in this article as 30 the "system") will be interrelated and interdependent, however, in 31 Suffolk county the term "interrelated and interdependent" shall be 32 deemed to mean that the noncontiguous areas must be within the county 33 and have the same administrative head. However, a water quality treat- 34 ment district established hereunder may consist of noncontiguous or 35 contiguous benefited parcels of property and shall be created by a 36 resolution of the county board of supervisors, upon petition after a 37 public hearing. 38 7. Except in the county of Suffolk, no county district shall be estab- 39 lished hereunder which shall consist wholly of territory within one 40 city, within one village or within that portion of one town outside of a 41 village. 42 8. Notwithstanding any other provision of law a sewer district may 43 also exercise all the powers of a wastewater disposal district if the 44 map and plan prepared pursuant to section two hundred fifty-three of 45 this [chapter] article, or amended pursuant to section two hundred 46 fifty-three-b of this [chapter] article, includes on-site wastewater 47 disposal systems. 48 § 4. Paragraphs (d) and (e) of subdivision 4 of section 7-741 of the 49 village law, as amended by chapter 242 of the laws of 1993, are amended 50 and a new paragraph (f) is added to read as follows: 51 (d) provide for a land use administration and enforcement program 52 which may replace individual land use administration and enforcement 53 programs, if any, the terms and conditions of which shall be set forth 54 in such agreement; [and]S. 326 10 1 (e) create an intermunicipal overlay district for the purpose of 2 protecting, enhancing or developing community resources that encompass 3 two or more municipalities[.]; and 4 (f) create an intermunicipal watershed improvement district and enter 5 into a contract or contracts, apply for funding under the New York state 6 stormwater management financing act of 2017, or take such other actions 7 as may be required, for the protection and restoration of groundwater, 8 surface waters, and drinking water quality as it may deem to be neces- 9 sary or desirable, including but not limited to stormwater treatment 10 projects that encompass two or more municipalities. 11 § 5. Severability. If any clause, sentence, paragraph, section, or 12 part of this act shall be adjudged by any court of competent jurisdic- 13 tion to be invalid, such judgment shall not affect, impair or invalidate 14 the remainder thereof, but shall be confined in its operation to the 15 clause, sentence, paragraph, section, or part thereof involved in the 16 controversy in which such judgment shall have been rendered. 17 § 6. This act shall take effect immediately. 18 § 3. Severability. If any clause, sentence, paragraph, section, or 19 part of this act shall be adjudged by any court of competent jurisdic- 20 tion to be invalid, such judgment shall not affect, impair or invalidate 21 the remainder thereof, but shall be confined in its operation to the 22 clause, sentence, paragraph, section, or part thereof involved in the 23 controversy in which such judgment shall have been rendered. 24 § 4. This act shall take effect immediately provided, however, that 25 the applicable effective date of Parts A through F of this act shall be 26 as specifically set forth in the last section of such Parts.
