Bill S4605A-2011

Relates to the establishment, extension, powers and expenses of watershed protection improvement districts

Relates to the establishment, extension, powers and expenses of watershed protection improvement districts.

Details

Actions

  • Jun 21, 2012: SUBSTITUTED BY A7119A
  • Jun 21, 2012: ORDERED TO THIRD READING CAL.1457
  • Jun 21, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Apr 23, 2012: PRINT NUMBER 4605A
  • Apr 23, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
  • Apr 13, 2011: REFERRED TO LOCAL GOVERNMENT

Votes

Memo

BILL NUMBER:S4605A

TITLE OF BILL:

An act to amend the town law, in relation to the establishment, extension, powers and expenses of watershed protection improvement districts

PURPOSE:

Allows town boards of any town to establish or extend a watershed protection improvement district.

SUMMARY OF PROVISIONS:

Amendments to the Town Law relating to the establishment, extension, powers and expenses of watershed protection improvement districts.

JUSTIFICATION:

New York State's surface, ground, and drinking water resources are continually threatened by pollution. Many rivers, streams, lakes, reservoirs, and estuarine waters do not meet their current designated uses. Approximately 34% of New York's estuarine waters are categorized as impaired; 44% percent of New York's lake and reservoir acres are categorized as being impaired or threatened.

Contaminants from stormwater runoff and ineffective sanitary septic systems such as excess nutrients, bacteria, toxic substances, and sediment can cause excessive algae growth, close bathing beaches and shellfishing areas, harm aquatic life, and contaminate drinking water.

Best management practices designed to capture, treat. and infiltrate runoff will limit the volume of stormwater and amount of pollutants reaching our waterbodies. Replacing out-dated sanitary septic systems. especially in nutrient sensitive areas and areas with high groundwater tables, will minimize nutrient loadings to groundwater and groundwaterfed surface waters.

Towns and private homeowners do not have the funds, individually, to undertake these important measures. Watershed protection improvement districts will create a dedicated, sustainable local funding source, with equitable shared costs.

Through watershed protection improvement districts, Towns are able to raise funds to install and maintain the following efforts: storm water treatment, drainage and infiltration projects, septic system upgrades, alternative septic systems, conservation landscaping, storm water collection devices, and natural shorelines and shoreline buffers.

LEGISLATIVE HISTORY:

New Legislation, 2011

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 4605--A A. 7119--A 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y April 13, 2011 ___________
IN SENATE -- Introduced by Sens. LAVALLE, JOHNSON, MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- recommitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by M. of A. THIELE, GALEF, MAISEL, McDONOUGH, MONTESANO, MURRAY, ROBERTS, SCHIMEL, WEISENBERG, WEPRIN -- Multi-Spon- sored by -- M. of A. GOODELL, McKEVITT, P. RIVERA, SAYWARD -- read once and referred to the Committee on Local Governments -- recommitted to the Committee on Local Governments in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the town law, in relation to the establishment, exten- sion, powers and expenses of watershed protection improvement districts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 190 of the town law, as amended by chapter 24 of the laws of 1988, is amended to read as follows: S 190. Establishment or extension of improvement districts. Upon a petition as hereinafter provided, the town board of any town may estab- lish or extend in said town a sewer, drainage, water, water quality treatment, park, public parking, lighting, snow removal, water supply, sidewalk, a fallout shelter district or refuse and garbage district, aquatic plant growth control district, ambulance district, WATERSHED PROTECTION IMPROVEMENT DISTRICT, and in any town bordering upon or containing within its boundaries any navigable waters of this state, a harbor improvement district, a public dock district, or beach erosion control district, and provide improvements or services, or both, in any
such district, wholly at the expense of the district; but no water supply district shall be established or extended to include lands situ- ate within the boundaries of a water district. No such district shall be established or extended in a city or in an incorporated village provided, however, that such a district may be established or extended wholly or partly within an incorporated village on consent of the village expressed in a local law, ordinance or resolution, subject to a referendum on petition under section twenty-four of the municipal home rule law or a permissive referendum under article nine of the village law, as the case may be, and except, in the case of a water quality treatment district, on consent of a village expressed in a local law or by resolution of the board of trustees and not subject to any referen- dum. S 2. Paragraph a of subdivision 1 of section 193 of the town law, as amended by section 18 of part X of chapter 62 of the laws of 2003, is amended to read as follows: a. Whenever a petition shall be presented to the town board pursuant to this article, for the establishment or extension of a sewer, wastewa- ter disposal, drainage, water, water quality treatment, park, public parking, lighting, snow removal, water supply, sidewalk, refuse and garbage, aquatic plant growth control district, ambulance district, harbor improvement district, public dock district, beach erosion control district, WATERSHED PROTECTION IMPROVEMENT DISTRICT, or a fallout shel- ter district, the board shall adopt an order and enter the same in the minutes of its proceedings, reciting in general terms the filing of such petition, the boundaries of the proposed district, the improvements proposed, the maximum amount proposed to be expended for the improvement as stated in the petition or the maximum amount to be expended for the performance or supplying of services if a maximum amount is stated in the petition, the estimated cost of hook-up fees, if any, to, and the cost of the district or extension to, the typical property and, if different, the typical one or two family home, and specifying the time when and place where said board will meet to consider the petition and to hear all persons interested in the subject thereof, concerning the same. The board shall cause a copy of such order, certified by the town clerk, to be published at least once in the official paper, the first publication thereof to be not less than ten nor more than twenty days before the day set therein for the hearing as aforesaid, and shall also cause a copy thereof to be posted on the signboard of the town main- tained pursuant to subdivision six of section thirty of this chapter, not less than ten nor more than twenty days before the day designated for the hearing as aforesaid. In the event that the town maintains a website, such information may also be provided on the website. Prior to the publication of a copy of the order, the board shall cause to be prepared, and file for public inspection with the town clerk, a detailed explanation of how the estimated cost of hook-up fees, if any, to, and the cost of the district or extension to, the typical property and, if different, the typical one or two family home was computed. S 3. Section 198 of the town law is amended by adding a new subdivi- sion 10-g to read as follows: 10-G. WATERSHED PROTECTION IMPROVEMENT DISTRICT. AFTER A WATERSHED PROTECTION IMPROVEMENT DISTRICT HAS BEEN ESTABLISHED, THE TOWN BOARD MAY TAKE SUCH ACTION AS MAY BE REQUIRED TO ADOPT PLANS AND SPECIFICATIONS AND ENTER INTO A CONTRACT OR CONTRACTS, OR TAKE SUCH OTHER ACTIONS AS MAY BE REQUIRED, FOR THE PROTECTION AND RESTORATION OF GROUNDWATER, SURFACE WATERS, AND DRINKING WATER QUALITY AS IT MAY DEEM TO BE NECES-
SARY OR DESIRABLE, INCLUDING BUT NOT LIMITED TO STORMWATER TREATMENT PROJECTS AND WETLAND CONSTRUCTION. S 4. Subdivision 3 of section 202 of the town law, as amended by chap- ter 658 of the laws of 1990, is amended to read as follows: 3. The expense of the establishment of a park, public parking, water, lighting, snow removal, water supply, water, water storage and distrib- ution, sidewalk, refuse and garbage, aquatic plant growth control district, ambulance district, harbor improvement district, WATERSHED PROTECTION IMPROVEMENT DISTRICT, public dock district, fallout shelter district, or beach erosion control district, and providing improvements or services, or both, therefor, and of constructing lateral water mains pursuant to paragraph (b) of subdivision one of section one hundred ninety-nine, shall be assessed, levied and collected from the several lots and parcels of land within the district for each purpose in the same manner and at the same time as other town charges, except as other- wise provided by law. In the event that any order adopted pursuant to section two hundred nine-d of this chapter for the establishment of a water district, sidewalk district, a public parking district, a refuse and garbage district, an aquatic plant growth control district, lighting district, WATERSHED PROTECTION IMPROVEMENT DISTRICT, or beach erosion and control district or that any petition for the establishment of a water district, sidewalk district, a public parking district, a refuse and garbage district, an aquatic plant growth control district, lighting district, or beach erosion control district, shall contain a statement that the cost of constructing the water system, sidewalks, lighting system, or acquiring and improving lands for public parking or for refuse and garbage purposes or for beach erosion control, OR FOR WATERSHED PROTECTION IMPROVEMENT DISTRICT or for aquatic plant growth control, shall be assessed by the town board in proportion as nearly as may be to the benefit which each lot or parcel will derive therefrom, the amount to be raised for the payment of the principal and interest of the bonds issued for the construction of the water system, sidewalks, lighting system, or acquiring and improving lands for public parking or for refuse and garbage purposes or for beach erosion control, or for aquatic plant growth control, OR FOR WATERSHED PROTECTION IMPROVEMENT DISTRICT pursuant to such petition or order, shall be assessed on the lands within such district in the same manner as provided in the case of trunk sewers. The expense of constructing lateral water mains pursuant to paragraph (c) of subdivision one of section one hundred ninety-nine shall be assessed, levied and collected from the several lots and parcels of land within the district in proportion to the area of such lot or parcel of land to the total area of the district. S 5. Subdivision 2 of section 202-b of the town law, as amended by chapter 511 of the laws of 1989, is amended to read as follows: 2. The town board may, on behalf of a park, public parking, ambulance, lighting, snow removal, refuse and garbage, public dock, WATERSHED PROTECTION IMPROVEMENT DISTRICT, or beach erosion control district, and within the limitations of section one hundred ninety-eight of this chap- ter, acquire additional apparatus and equipment and replace obsolete, inadequate, damaged, destroyed or worn-out apparatus and equipment, and it may construct additional facilities and appurtenances thereto or reconstruct or replace obsolete, inadequate, damaged, destroyed or worn- out facilities and appurtenances thereto. Such expenditure shall be authorized in the manner provided in subdivision one [hereof] OF THIS SECTION, except that the map and plan described by said subdivision one shall not be required. However, nothing herein contained shall be
construed to limit or supersede the provisions of section seventy-two hundred three of the education law. S 6. Subdivision 1 of section 209-a of the town law, as amended by chapter 397 of the laws of 1995, is amended to read as follows: 1. the term "improvement district" shall include only a sewer, waste- water disposal, drainage, water, park, public parking, lighting, snow removal, water supply, sidewalk, refuse and garbage, aquatic plant growth control, OR WATERSHED PROTECTION IMPROVEMENT DISTRICT or ambu- lance district in any town, and, in any town bordering upon or contain- ing within its boundaries any navigable water of this state a public dock or beach erosion control district; S 7. Subdivision 1 of section 209-d of the town law, as amended by chapter 397 of the laws of 1995, is amended to read as follows: 1. Subsequent to the date of the filing of the map, plans and report in the office of the town clerk as required in section two hundred nine-c of this article the town board may adopt an order and enter the same in the minutes of its proceedings reciting a description of the boundaries of the proposed district or extension in a manner sufficient to identify the lands included therein as in a deed of conveyance, the improvements proposed, the maximum amount proposed to be expended for the improvement, the estimated cost of hook-up fees, if any, to, and the cost of the district or extension to, the typical property and, if different, the typical one or two family home, the proposed method of financing to be employed, the fact that a map, plan and report describ- ing the same are on file in the town clerk's office for public inspection and specifying the time when and the place where said board will meet and hold a public hearing to hear all persons interested in the subject thereof, concerning the same. If such order proposes only the performance or supplying of certain services, it may state the maxi- mum amount to be expended annually for such services. The board shall cause a copy of such order to be published at least once in the official paper, the first publication thereof to be not less than ten nor more than twenty days before the day set therein for the hearing as afore- said, and shall also cause a copy thereof to be posted on the sign-board of the town maintained pursuant to subdivision six of section thirty of this chapter, not less than ten nor more than twenty days before the day designated for the hearing as aforesaid. Such order may further state such place other than the town clerk's office where the map, plan and report may be examined in advance of the hearing, if the town board determines that, in the public interest, some other additional place is necessary or desirable. If a water district, sidewalk district, a public parking district, a refuse and garbage district, aquatic plant growth control district, WATERSHED PROTECTION IMPROVEMENT DISTRICT or beach erosion control district is proposed, such order may contain a statement that the cost of constructing the water system, sidewalks or acquiring lands for public parking or for refuse and garbage purposes, or aquatic plant growth control purposes or for beach erosion control OR FOR WATERSHED PROTECTION IMPROVEMENT PURPOSES shall be assessed by the town board in proportion as nearly as may be to the benefit which each lot or parcel will derive therefrom. Prior to the publication of the order, the board shall cause to be prepared, and file for public inspection with the town clerk, a detailed explanation of how the estimated cost of hook-up fees, if any, to, and the cost of the district or extension to, the typical property and, if different, the typical one or two family home, was computed. S 8. This act shall take effect immediately.

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