Bill Text: NY S08254 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes the Peconic Bay region septic system replacement loan program; defines terms; authorizes any town in the Peconic Bay region to establish a septic system replacement loan program using water quality improvement monies from the Peconic Bay region community preservation funds; makes related provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-12-28 - SIGNED CHAP.501 [S08254 Detail]

Download: New_York-2017-S08254-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 8254                                                 A. 10445
                SENATE - ASSEMBLY
                                     April 23, 2018
                                       ___________
        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 authorizing  towns  in  the
          Peconic  Bay  region  to  establish  septic  system  replacement  loan
          programs
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  town law is amended by adding a new section 64-ee to
     2  read as follows:
     3    § 64-ee. Peconic Bay region septic system replacement loan program. 1.
     4  As used in this section, the following words and terms  shall  have  the
     5  following meanings:
     6    (a)  "Peconic  Bay region" means the towns of East Hampton, Riverhead,
     7  Shelter Island, Southampton and Southold.
     8    (b) "Cesspool" means a drywell that receives untreated sanitary  waste
     9  containing  human  excreta,  which  sometimes  has an open bottom and/or
    10  perforated sides.
    11    (c) "Septic system" means a system that  provides  for  the  treatment
    12  and/or  disposition  of the combination of human and sanitary waste with
    13  water not exceeding one thousand  gallons  per  day,  serving  a  single
    14  parcel of land.
    15    (d) "Septic system project" means the replacement of a cesspool with a
    16  septic  system,  the  installation,  replacement  or upgrade of a septic
    17  system or septic system components, or installation of  enhanced  treat-
    18  ment  technologies,  including  an  advanced nitrogen removal system, to
    19  significantly and quantifiably reduce environmental and/or public health
    20  impacts associated with effluent from a cesspool  or  septic  system  to
    21  groundwater  used  as  drinking  water,  or  a threatened or an impaired
    22  waterbody.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15334-01-8
        S. 8254                             2                           A. 10445
     1    (e) "Fund" means the community preservation fund created  pursuant  to
     2  subdivision two of section sixty-four-e of this article.
     3    2.  The legislative body of any town in the Peconic Bay region may, by
     4  local law, establish a septic  system  replacement  loan  program  using
     5  water  quality  improvement  monies from the fund, pursuant to paragraph
     6  (e) of subdivision three of section sixty-four-e of this article.
     7    3. Such program may make loans to the owners of real property  located
     8  within  the  town to finance the installation of septic system projects.
     9  The town may establish priority areas within the town for such loans  in
    10  order to maximize environmental and public health benefits.
    11    4.  To  be  eligible  for  a loan pursuant to this section, the septic
    12  system project shall be listed as an approved water quality  improvement
    13  project  in  the  town's community preservation project plan pursuant to
    14  subdivision six of section sixty-four-e of this article.  Funds from the
    15  community preservation fund may only be loaned for projects  which  have
    16  been included in such plan.
    17    5. A local law establishing the septic system replacement loan program
    18  shall  provide  for the criteria for making such loans and the terms and
    19  conditions for repayment of such loans.
    20    6. Every loan made under the septic system  replacement  loan  program
    21  shall  be repaid over a term not to exceed ten years. The town shall set
    22  a fixed rate of interest for the repayment of the  principal  amount  of
    23  each loan at the time the loan is made.
    24    7.  The  principal amount of each such loan, excluding interest, shall
    25  not exceed the actual cost of  installing  the  septic  system  project,
    26  including the costs of necessary equipment, materials, and labor.
    27    8.  No such loan shall be made for a septic system replacement project
    28  unless such system is approved  by  the  Suffolk  County  Department  of
    29  Health Services.
    30    9.  The  loan  made  under  the septic system replacement loan program
    31  shall constitute a lien upon the real property benefitted by such loan.
    32    10. The town may require the loan made under the  septic  system  loan
    33  program  to be repaid by the property owner through a charge on the real
    34  property benefitted by such loan. Such charge shall be on the real prop-
    35  erty and shall be levied and collected at the same time and in the  same
    36  manner  as  town  taxes,  provided  that such charge shall be separately
    37  listed on the tax bill, and provided further  that  in  the  event  such
    38  charge  should not be paid in a timely manner, no other municipal corpo-
    39  ration shall be required to credit or otherwise guarantee the amount  of
    40  such  unpaid  charge  to  the municipal corporation which authorized the
    41  loan, notwithstanding any provision of law to the contrary.
    42    11. All revenues received by the town  from  the  repayment  of  loans
    43  shall  be  deposited  in  the  Peconic Bay region community preservation
    44  fund.
    45    § 2. Severability. The provisions of this act shall be  severable  and
    46  if  any  portion  thereof  or the applicability thereof to any person or
    47  circumstances shall be held invalid, the remainder of this act  and  the
    48  application thereof shall not be affected thereby.
    49    § 3. This act shall take effect immediately.