S T A T E O F N E W Y O R K
________________________________________________________________________
S. 1878 A. 2015
2015-2016 Regular Sessions
S E N A T E - A S S E M B L Y
January 15, 2015
___________
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 county 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 250 of the county law, as amended by chapter 388 of
the laws of 1980, the opening paragraph as amended by chapter 620 of the
laws of 1996, subdivision 1-a as amended by section 73 of part A of
chapter 58 of the laws of 2010, subdivision 4-a as added by chapter 761
of the laws of 1981, subdivision 6 as amended by chapter 622 of the laws
of 1984, and subdivision 8 as amended by chapter 184 of the laws of
1981, is amended to read as follows:
S 250. Purpose. The board of supervisors of each county may establish,
consolidate, or extend county water, water quality treatment, sewer,
wastewater disposal, drainage, WATERSHED PROTECTION IMPROVEMENT, or
refuse districts (hereinafter referred to in this article as the
"district") in the manner hereinafter provided:
1. For the purpose of developing or acquiring a supply of water for
(a) wholesale distribution to other municipalities, districts or
persons, corporate or otherwise, within the county water district, (b)
retail distribution, except as hereinafter provided, or (c) both such
wholesale and retail distribution;
1-a. For the purpose of (a) procuring by purchase, lease or other
means and installing water quality treatment units or devices, if
required; providing periodic testing and monitoring of raw and finished
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07198-01-5
S. 1878 2 A. 2015
water from private wells in the district; monitoring, modifying, repair-
ing, replacing, operation and maintenance, regenerating water quality
treatment units and devices and the administering of the treatment and
disposal of residuals generated in the operation of the district pursu-
ant to rules and regulations adopted by the public health and health
planning council under section two hundred twenty-five of the public
health law; (b) assisting local, state and federal agencies and offi-
cials in efforts to establish causes of, and implement remedial measures
to reduce water contamination and protect future water resources within
the district; (c) conduct public meetings and issue an annual public
report to members of the district on the operation, financial position
and water quality condition of said district; provided, however, that
with respect to any town in the county the board of supervisors shall
first determine that such district or service will not be established or
provided by such town.
2. For the purpose of (a) the conveyance from other municipalities and
districts within the county of sewage, and treatment and disposal there-
of, (b) collection, except as hereinafter provided, or (c) both such
conveyance and such collection;
3. For the purpose of administration and planning (including educa-
tional programs), design, installation, construction, rehabilitation,
replacement, operation and maintenance (including pumping and
inspections), monitoring, residual treatment and disposal and regulation
of private on-site wastewater disposal systems of such district;
4. For the purpose of drainage of storm water and other waters, either
surface or subsurface, within the county;
4-a. For the purpose of effecting lake protection and rehabilitation,
and any activities necessarily related thereto.
5. For the purpose of the collection and disposition of garbage,
ashes, rubbish and other waste matter within the county.
5-A. FOR THE PURPOSE OF THE PROTECTION AND RESTORATION OF GROUNDWATER,
SURFACE WATERS AND DRINKING WATER QUALITY AS IT MAY BE DEEMED TO BE
NECESSARY OR DESIRABLE, INCLUDING BUT NOT LIMITED TO STORMWATER TREAT-
MENT PROJECTS AND WETLAND CONSTRUCTION.
6. A county district established hereunder may consist of two or more
noncontiguous areas in which the water, sewer, wastewater disposal,
drainage or refuse system (hereinafter referred to in this article as
the "system") will be interrelated and interdependent, however, in
Suffolk county the term "interrelated and interdependent" shall be
deemed to mean that the noncontiguous areas must be within the county
and have the same administrative head. However, a water quality treat-
ment district established hereunder may consist of noncontiguous or
contiguous benefited parcels of property and shall be created by a
resolution of the county board of supervisors, upon petition after a
public hearing.
7. Except in the county of Suffolk, no county district shall be estab-
lished hereunder which shall consist wholly of territory within one
city, within one village or within that portion of one town outside of a
village.
8. Notwithstanding any other provision of law a sewer district may
also exercise all the powers of a wastewater disposal district if the
map and plan prepared pursuant to section two hundred fifty-three of
this [chapter] ARTICLE, or amended pursuant to section two hundred
fifty-three-b of this [chapter] ARTICLE, includes on-site wastewater
disposal systems.
S 2. This act shall take effect immediately.