Bill Text: NY A07440 | 2019-2020 | General Assembly | Introduced
Bill Title: Enacts the "Suffolk county water quality restoration act"; authorizes the county of Suffolk to establish a water quality restoration fund to be financed by a water quality restoration fee on water usage in the county; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-06-11 - enacting clause stricken [A07440 Detail]
Download: New_York-2019-A07440-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7440 2019-2020 Regular Sessions IN ASSEMBLY May 3, 2019 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT in relation to authorizing the county of Suffolk to establish a water quality restoration fund to be financed by a water quality restoration fee on water usage in the county; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Suffolk county water quality restoration act". 3 § 2. Legislative intent. Suffolk county's water resources are unique 4 in the nation and of exceptional importance to the State of New York 5 because of the economic, environmental and public health values that 6 Suffolk county's water resources provide to the people who live and 7 recreate in Suffolk county. Suffolk county, with a population larger 8 than 11 states, derives its drinking water from a sole-source aquifer, 9 as specifically designated by the US Environmental Protection Agency. 10 The full water cycle is impacted by increasing quantities of nutrients, 11 pathogens, pesticides, volatile organic contaminants and saltwater 12 intrusion, as well as a number of merging threats such as prescription 13 drugs and sea level rise. While all sources of water pollution are 14 concerning, pollution from sanitary systems has clearly emerged as the 15 most widespread and least well addressed category of water pollutants in 16 Suffolk county. 17 As a result of these environmental impacts, the county has already 18 experienced an increasing number of harmful algal blooms and other docu- 19 mented declines in key biological indicators which demonstrate continued 20 and increasing stress on the region's groundwater resources and the 21 resiliency of its protective coastal ecosystems. These degraded condi- 22 tions have already decimated Long Island's once robust shellfish indus- 23 try and will have increasingly negative impacts on the island's entire EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08086-03-9A. 7440 2 1 economy as well as the quality of life and public health for the 2 millions of residents of the region. 3 The purpose of this act is to sanction the creation of a water quality 4 restoration fund to finance the protection, preservation, and rehabili- 5 tation of subterranean and surface waters. This act would allow the 6 funding of projects that will mitigate wastewater pollutants utilizing 7 the best available technology. Replacing underperforming cesspools and 8 septic systems, especially in nutrient sensitive areas, will minimize 9 nutrient loading into high groundwater and groundwater-fed waters. 10 Given the funding requirements, this legislation would expand the 11 power of Suffolk county to generate dedicated, equitable funding sourc- 12 es. These funds would be expended on various wastewater treatment 13 systems to mitigate pollution which will provide aquifer and surface 14 water restoration and protection. To that end, this act would implement 15 recommendations delineated in the Suffolk County Action Plan. It is the 16 judgment of the legislature that the sustainability of the county's 17 aquifer and drinking water supply, surface and tidal waters and estuar- 18 ies is a county-wide concern and that all sewer and wastewater infras- 19 tructure projects funded through a water quality restoration fund estab- 20 lished hereunder shall be a benefit to the county as a whole and to all 21 residents therein. 22 § 3. Water quality restoration fee. (a) Notwithstanding any provision 23 of law to the contrary, the county of Suffolk is authorized to establish 24 by local law, subject to mandatory referendum pursuant to section 23 of 25 the municipal home rule law, a water quality restoration fund to be 26 financed by a water quality restoration fee at a rate not to exceed 1.5 27 cents per 1,000 gallons of water usage per property. 28 (b) Such fee shall be collected on all properties in the county of 29 Suffolk except as provided herein. Water usage on public land or land 30 used as part of a farm operation shall be excluded from such fee. For 31 the purposes of this act "public land" shall mean any land exempt from 32 real property taxation pursuant to title 1 of article 4 of the real 33 property tax law. For the purposes of this act, "farm operation" shall 34 have the same meaning as provided for in section 301 of the agriculture 35 and markets law. 36 (c) In the case of properties that are served by the Suffolk County 37 Water Authority or a water district established pursuant to state law, 38 the fee shall be based on actual water usage for such properties as 39 calculated by the water provider; the Suffolk County Water Authority or 40 the water district, respectively. 41 (d) In all other cases, the county, by local law, shall establish a 42 schedule of annual water usage for each category of land use in the 43 county, including but not limited to residential, commercial, industrial 44 and institutional uses. The local law may provide for subcategories for 45 each land use. 46 (e) The fee imposed by the county under this section shall be a usage 47 fee. Said fee shall be collected in the same manner as charges and 48 revenues for water, water quality treatment, sewage, wastewater disposal 49 and refuse collection pursuant to section 266 of the county law. 50 (f) The local law may also provide for an exemption from the water 51 restoration fee. Such exemption shall not be less than fifty thousand 52 gallons of water usage nor more than one hundred twenty-five thousand 53 (125,000) gallons of water usage. 54 § 4. Individual customer water usage information to be provided to 55 the county of Suffolk. Notwithstanding any provision of law to the 56 contrary, the Suffolk County Water Authority and water districts in theA. 7440 3 1 county of Suffolk, as the case may be, shall each enter into agreements 2 with the county of Suffolk, to be approved by resolution adopted by the 3 county legislature, which agreements shall govern the provision of indi- 4 vidual customer water usage information of said authority and water 5 districts required for the collection, administration and payment of the 6 water quality restoration fee pursuant to section three of this act by 7 the county of Suffolk. Such agreement shall have the force and effect of 8 a rule or regulation of the Suffolk County Water Authority and all such 9 water districts in the county, as the case may be, and it shall be filed 10 and published in accordance with the requirements of any law, ordinance, 11 rule or regulation relating thereto. 12 § 5. Water quality restoration fund. Notwithstanding any provision of 13 law to the contrary, the net collections from the fee imposed pursuant 14 to section three of this act shall, be deposited in a special fund by 15 the county of Suffolk, to be designated as the water quality restoration 16 fund, to be created by said county therefor, separate and apart from any 17 other funds and accounts of the county. In no event shall monies depos- 18 ited in the fund be transferred to any other account. Deposits into the 19 fund may include revenues of Suffolk county from whatever source and 20 shall include, at a minimum, all net revenues from the water quality 21 restoration fee imposed pursuant to section three of this act. The fund 22 shall also be authorized to accept gifts of funds. Interest accrued by 23 monies deposited into the fund shall be credited to the fund. Nothing 24 contained in this section shall be construed to prevent the financing in 25 whole or in part, pursuant to the local finance law, of any project 26 authorized pursuant to this section. Monies from the fund may be 27 utilized to repay any indebtedness or obligations incurred pursuant to 28 the local finance law consistent with effectuating the purposes of this 29 section. Where Suffolk county finances a project, in whole, or in part, 30 pursuant to the local finance law, the resolution authorizing such 31 indebtedness shall be accompanied by a report from the county executive 32 demonstrating how said indebtedness will be repaid by the fund. Said 33 report shall include an estimate of projected revenues of the fund 34 during the period of indebtedness. The report shall also provide an 35 accounting of all other indebtedness incurred against the fund to be 36 repaid for the same period. The county legislature shall make findings 37 by resolution that there will be sufficient revenue to repay such 38 indebtedness in its entirety from the fund before authorizing such 39 indebtedness. Monies in said fund may be appropriated from or expended 40 in any fiscal year to implement the powers set forth in this act and to 41 repay any indebtedness or obligations incurred pursuant to the local 42 finance law for the purposes authorized pursuant to this act. 43 § 6. Purposes of the fund. (a) Definition. "Water quality improvement 44 project" means the planning, design, construction, acquisition, enlarge- 45 ment, extension, or alteration of a wastewater treatment facility, 46 including individual hookups, or an individual septic system, including 47 an alternative wastewater treatment facility or an individual septic 48 system with active treatment, to treat, neutralize, stabilize, eliminate 49 or partially eliminate sewage or reduce pollutants, including permanent 50 or pilot demonstration wastewater treatment projects, or equipment or 51 furnishings thereof. Such projects shall have as their purpose the reme- 52 diation of existing water quality to meet specific water quality stand- 53 ards. Projects which permit or accommodate new growth shall not be 54 included within this definition. Not less than 50% of the funds shall be 55 used for the upgrade of individual septic systems.A. 7440 4 1 (b) Monies within the Suffolk county water quality restoration fund 2 may, as authorized by this act, be used for the following purposes: (1) 3 the preparation of an action plan to protect, preserve, and rehabilitate 4 groundwater, surface water, and drinking water; (2) the construction of 5 water quality improvement projects; (3) the establishment of a program 6 for residents of the county of Suffolk for grants and low-interest loans 7 as incentives to construct individual septic systems which qualify as 8 water quality improvement projects; (4) revenue sharing to towns and 9 villages to fund any of the purposes permitted by this section; (5) 10 monitoring the quality and quantity of groundwater, surface water, and 11 drinking water, and the analysis of data; (6) public education relating 12 to protecting, preserving, and enhancing groundwater, surface water, and 13 drinking water; and (7) land acquisition projects for source water 14 protection. 15 (c) Except for the preparation of the action plan, itself, no monies 16 may be expended until the action plan has been prepared and approved by 17 the water quality restoration fund board of trustees. 18 § 7. Water quality restoration fund board of trustees. The county 19 shall establish a water quality restoration fund board of trustees to 20 review and approve the action plan. Said approval shall be in addition 21 to all other approvals required by law. The board of trustees shall 22 consist of ten members, who shall serve without compensation. Each town, 23 by resolution of the town board, shall appoint a member to the board. A 24 majority of the members of the board shall have demonstrated experience 25 in areas related to water quality. 26 § 8. Water quality restoration advisory committee. There is hereby 27 created a water quality restoration advisory committee to actively 28 assist and advise the board of trustees in the preparation, adoption and 29 implementation of the action plan required by section nine of this act. 30 The committee shall consist of not more than twenty-five members which 31 shall include representatives of environmental groups, economic develop- 32 ment and real estate interests, farmers, water suppliers, civic groups, 33 planners, biologists, and water quality scientists and recreational 34 interests. The members of the committee shall serve without compen- 35 sation. The committee by a majority vote shall elect a chairperson. The 36 board of trustees shall meet periodically with the advisory committee, 37 make available working drafts of the action plan and other documents, 38 and shall provide services to the advisory committee as are necessary 39 and appropriate to carry out its functions under this act. The county by 40 resolution of the county legislature, shall appoint the members of the 41 board. 42 § 9. Action plan. The water quality restoration fund board of trustees 43 shall prepare, review and approve the action plan within one year of the 44 effective date of this act. The board of trustees shall conduct a public 45 hearing on the plan before its adoption or subsequent amendment. Said 46 plan shall list every water quality restoration project which the county 47 plans to undertake pursuant to the fund and shall state how such project 48 would improve existing water quality. Projects which accommodate new 49 growth as opposed to the remediation of water quality shall not qualify 50 for funding under this section. Funds from the fund may only be expended 51 for projects which have been included in said plan. Said plan shall be 52 updated not less than once every five years. The action plan shall be 53 consistent with state, federal, county, and local government land use 54 and wastewater management plans. 55 § 10. Annual audit. The county shall annually commission an independ- 56 ent audit of the fund. The audit shall be conducted by an independentA. 7440 5 1 certified public accountant or an independent public accountant. Said 2 audit shall be performed by a certified public accountant or an inde- 3 pendent public accountant other than the one that performs the general 4 audit of the county's finances. Such audit shall be an examination of 5 the fund and shall determine whether the fund has been administered 6 consistent with the provisions of this act and all other applicable 7 provisions of state law. Said audit shall be initiated within sixty days 8 of the close of the fiscal year of the county and shall be completed 9 within one hundred twenty days of the close of the fiscal year. A copy 10 of the audit shall be submitted annually to the state comptroller and 11 the county comptroller. A copy of the audit shall be made available to 12 the public within thirty days of its completion. A notice of the 13 completion of the audit shall be published in the official newspaper of 14 the county and shall also be posted on the internet website for the 15 county. The cost of the audit may be a charge to the fund. 16 § 11. Amendment by mandatory referendum only. Where the provisions of 17 this act have been adopted by local law subject to mandatory referendum, 18 said local law may only be amended, modified, repealed, or altered by 19 enactment of another local law subject to mandatory referendum under the 20 municipal home rule law. 21 § 12. Severability. If any provision of this act or the application 22 thereof shall for any reason be adjudged by any court of competent 23 jurisdiction to be invalid, such judgment shall not impair or invalidate 24 the remainder of this act, but shall be confined in its operation to the 25 provision thereof directly involved in the controversy in which the 26 judgment shall have been rendered. 27 § 13. This act shall take effect immediately, provided that section 28 three of this act shall remain in full force and effect until December 29 31, 2050, when upon such date the provisions of such section shall 30 expire and be deemed repealed.
