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