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.

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S1096-2013 Actions

• Jan 9, 2013: REFERRED TO LOCAL GOVERNMENT

S1096-2013 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.

S1096-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1096

                         2013-2014 Regular Sessions

                              I N  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.




   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02302-01-3