S6578B-2011: Relates to authorizing the use of revenues from sewer rents for certain infrastructure payments in the village of Sherburne


Same as: A9641C-2011 / Versions: S6578-2011 S6578A-2011 S6578B-2011
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Authorizes the use of revenues from sewer rents for certain non-sewer related infrastructure payments in the village of Sherburne.
Sponsor: SEWARD
Law Section: General Municipal

S6578B-2011 Actions

S6578B-2011 Calendars

Active List: Jun 20, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012

S6578B-2011 Votes

VOTE: COMMITTEE VOTE: - Local Government - May 16, 2012

Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein
VOTE: FLOOR VOTE: - Jun 20, 2012

Ayes (43): Adams, Alesi, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Johnson, Klein, Lanza, Larkin, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Seward, Skelos, Smith, Storobin, Valesky, Young, Zeldin
Nays (17): Addabbo, Avella, Ball, Dilan, Duane, Gianaris, Hassell-Thomps, Kennedy, Krueger, LaValle, Peralta, Perkins, Rivera, Serrano, Squadron, Stavisky, Stewart-Cousin
Excused (2): Espaillat, Huntley

S6578B-2011 Memo

BILL NUMBER:S6578B

TITLE OF BILL:
An act
in relation
to authorizing the use of sewer surplus for infrastructure projects
other than sewer projects in the Village of Sherburne and
providing for the repeal of such provisions upon expiration thereof

PURPOSE:
The legislation would allow the village of Sherburne in Chenango
County to use surplus funds received from sewer rents for other
infrastructure projects.

SUMMARY OF PROVISIONS:
Section one amends section 453 of the general municipal law by adding
a new subdivision allowing the village of Sherburne to use up to 40
percent of the surplus monies from the sewer rent fund for
infrastructure improvements. Section two is the effective date.

JUSTIFICATION:
While water utilities are able to use their surplus funds for any
municipal purpose, sewer utilities are limited to using excess
revenues for sewer-related purposes only. Under current law,
revenues derived from sewer rents, including penalties and interest,
are credited to a special fund and the use of the money is not
permitted beyond costs incurred that relate to the sewer system.

Allowing the village to use a limited amount of these funds to
address infrastructure issues would be a realistic and appropriate
way to address infrastructure problems.

Requested by the village of Sherburne, the legislation would allow
the village to use money from the sewer rent fund to pay expenses or
obligations incurred for infrastructure improvements, after paying
off all sewer related expenses. The village would also be able to
allocate up to 40 percent of the surplus to a special fund to be
used specifically for infrastructure improvements. Sewer needs will
be addressed first, and the village would be able to utilize a
portion of the excess funds derived from sewer rents to address
related issues to economic growth requiring new sewer infrastructure.

LEGISLATIVE HISTORY:
New bill for this village. Similar to S.5420.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
The sixtieth day after it shall have become a law.

S6578B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 6578--B
 Cal. No. 827
 I N  SENATE
 February 29, 2012
 
 Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
 printed to be committed  to  the  Committee  on  Local  Government  -
 reported  favorably  from  said committee, ordered to first and second
 report, ordered to a third reading,  amended  and  ordered  reprinted,
 retaining its place in the order of third reading -- again amended and
 ordered reprinted, retaining its place in the order of third reading
 AN  ACT  in relation to authorizing the use of sewer surplus for infras
 tructure projects other than sewer projects in the  Village  of  Sher
 burne  and providing for the repeal of such provisions upon expiration
 thereof
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.   Notwithstanding section 453 of the general municipal law
 or any other provision of law to the contrary, the village of  Sherburne
 is  hereby  authorized  to use surplus revenues derived from sewer rents
 collected in excess of amounts  necessary  for  the  uses  described  in
 section  453 of the general municipal law for the payment of expenses or
 obligations incurred by such municipality  for  infrastructure  improve
 ments,  or  to  be placed in a capital reserve fund, not to exceed forty
 percent of the  surplus  to  be  used  specifically  for  infrastructure
 improvements.   The village of Sherburne shall adjust their sewer rents,
 and take other actions as may be necessary, to avoid future  sewer  rent
 surpluses.
 

S  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law and shall expire and be deemed repealed one year after
 such date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14746-03-2

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