Bill S1096-2013

Authorizes the Erie and Niagara County soil and water conservation districts to study runoff reduction volume when applied to soil profiles and topography within such counties

Authorizes the Erie and Niagara County soil and water conservation districts to study runoff reduction volume when applied to soil profiles and topography within such counties.

Details

Actions

  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT
  • Jan 9, 2013: REFERRED TO LOCAL GOVERNMENT

Memo

BILL NUMBER:S1096

TITLE OF BILL: An act to authorize and direct the Erie county soil and water conservation district and the Niagara county soil and water conservation district to study runoff reduction volume when applied to soil profiles and topography within Erie and Niagara counties

PURPOSE: To direct the Erie County Soil and Water Conservation District and the Niagara County Soil and Water Conservation District in consultation with the New York State Department of Environmental Conservation and the Western New York Storm water Coalition to study the effectiveness of the New York State Stormwater Management Design Manual's green infrastructure techniques to achieve runoff reductions when applied to the soil profiles and topography found within the counties of Erie and Niagara

SUMMARY OF PROVISIONS: Section 1 of the bill directs the Erie County Soil and Water Conservation District and the Niagara County Soil and Water Conservation District (in consultation with the New York State Department of Environmental Conservation and the Western New York Stormwater Coalition) to study the effectiveness of the New York State Stormwater Management Design Manual's green infrastructure techniques to achieve runoff reductions when applied to the soil profiles and topography found within the counties of Erie and Niagara.

Section 2 of the bill is the effective date.

JUSTIFICATION: The soil composition in Erie and Niagara counties is largely clay. Clay has infiltration problems. This problem is compounded by the flat topography which exists in both counties. This combination of soil type and topography is unique in New York State. This unique situation has created problems in achieving runoff reductions necessary to meet storm water permit requirements. The New York State Storm water Design Manual recommends various techniques to increase infiltration. The clay soils have rendered efforts to apply green infrastructure unsuccessful because of the problems with groundwater discharge created by the clay soil.

The inability to effectively use the techniques in the Stormwater Management Design Manual has resulted in development being stalled in both Erie and Niagara counties. Stormwater permits are not being issued because of the problems in meeting the current requirements.

The new residential home construction industry is already in severe distress in western New York. This paralysis in the issuance of stormwater permits is negatively impacting economic development and job creation. The objective of this bill is to study the recommended techniques to achieve runoff reduction to determine their effectiveness when applied to the soil type and topography in Erie and Niagara counties. This study will provide a sound basis on

which to examine the efficacy of the current rules with these conditions. This study is necessary to determine if alternative approaches are viable so residential construction projects can proceed in Erie and Niagara counties.

LEGISLATIVE HISTORY: S7299/A10219 of 2011-12; Referred to Local Government

FISCAL IMPLICATIONS: This study would be jointly undertaken by the Erie County Soil and Water Conservation District and the Niagara County Soil and Water Conservation District and would be eligible for reimbursement under section 11-a of the State Soil and Water Conservation District Law.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1096 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to authorize and direct the Erie county soil and water conserva- tion district and the Niagara county soil and water conservation district to study runoff reduction volume when applied to soil profiles and topography within Erie and Niagara counties THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The Erie county soil and water conservation district and the Niagara county soil and water conservation district, in consultation with the New York state department of environmental conservation and the Western New York stormwater coalition, shall contract to study the effectiveness of the New York state stormwater management design manu- al's planning and design of green infrastructure practices to achieve runoff reduction volume when applied to soil profiles and topography within the counties of Erie and Niagara. Such study shall be eligible for reimbursement pursuant to section 11-a of the state soil and water conservation districts law. S 2. This act shall take effect immediately.

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