S T A T E O F N E W Y O R K
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8039
2021-2022 Regular Sessions
I N A S S E M B L Y
June 8, 2021
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Local Governments
AN ACT to amend the county law and the general municipal law, in
relation to extending the authority of the county of Suffolk to form a
county-wide sewer and wastewater management district
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The county law is amended by adding a new section 256-b to
read as follows:
§ 256-B. SUFFOLK COUNTY WASTEWATER MANAGEMENT DISTRICT. 1. INTENT.
THE COUNTY OF SUFFOLK, WITH A POPULATION OF ONE MILLION FIVE HUNDRED
THOUSAND PERSONS, HAS IN EXCESS OF THREE HUNDRED EIGHTY THOUSAND EXIST-
ING ONSITE SYSTEMS, COMPRISED MOSTLY OF CESSPOOLS AND LEACHING POOLS,
WITH TWO HUNDRED NINE THOUSAND OF THESE ONSITE SYSTEMS IN ENVIRON-
MENTALLY SENSITIVE AREAS WHICH COULD BENEFIT FROM NITROGEN-REDUCING
TECHNOLOGIES. THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY RECOG-
NIZES LONG ISLAND AS HAVING A SOLE SOURCE AQUIFER SYSTEM FOR ITS DRINK-
ING WATER SUPPLY. SUFFOLK COUNTY HAS AN IMMINENT NEED TO PRESERVE THIS
VALUABLE WATER RESOURCE BY REDUCING THE AMOUNT OF NITROGEN DISCHARGED
INTO THE GROUNDWATER BY TRADITIONAL ONSITE RESIDENTIAL SANITARY SYSTEMS.
THE SUFFOLK COUNTY SUBWATERSHED WASTEWATER MANAGEMENT PLAN, CERTIFIED
BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AS A NINE ELEMENTS
WATERSHED (9E) PLAN, HAS DOCUMENTED THE DEVASTATING EFFECTS OF HIGH
LEVELS OF NITROGEN POLLUTION, NOT ONLY ON THE DRINKING WATER QUALITY,
BUT ALSO ON COASTAL ECOSYSTEMS, DISSOLVED OXYGEN, WATER CLARITY,
EELGRASS, WETLANDS, SHELLFISH, COASTAL RESILIENCE AND IN TRIGGERING
HARMFUL ALGAL BLOOMS. THE SUFFOLK COUNTY SUBWATERSHED WASTEWATER MANAGE-
MENT PLAN IS A LONG-TERM PLAN TO ADDRESS THE NEED FOR WASTEWATER TREAT-
MENT INFRASTRUCTURE THROUGHOUT THE COUNTY COMPREHENSIVELY OVER A PERIOD
OF FIFTY YEARS, WHICH HAS DELINEATED THE SOURCE AND CONCENTRATION OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11690-01-1
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NITROGEN LOADING IN ONE HUNDRED NINETY-ONE SUBWATERSHEDS THROUGHOUT THE
COUNTY, AND HAS ESTABLISHED NITROGEN REDUCTION GOALS FOR EACH WATERSHED.
FOR MANY AREAS OF THE COUNTY, INSTALLING OR CONNECTING SEWERS IS NOT A
PRACTICAL OR COST-EFFECTIVE METHOD OF TREATING WASTEWATER. FOR THAT
REASON, A HYBRID APPROACH THAT RELIES ON SEWERING WHERE FEASIBLE, AND
THE REPLACEMENT OF CESSPOOLS AND SEPTIC SYSTEMS WITH
INNOVATIVE/ALTERNATIVE ONSITE WASTEWATER TREATMENT SYSTEMS IS PRESCRIBED
IN THE SUFFOLK COUNTY SUBWATERSHED WASTEWATER MANAGEMENT PLAN. THE
CONSOLIDATION OF ANY OR ALL OF THE TWENTY-SIX COUNTY SEWER DISTRICTS AS
WELL AS UNSEWERED AREAS OF THE COUNTY INTO A COUNTY-WIDE WASTEWATER
MANAGEMENT DISTRICT TO ALLOW FOR COMPREHENSIVE PLANNING AND MANAGEMENT,
AND THE ESTABLISHMENT OF A STEERING COMMITTEE REPRESENTATIVE OF THE
DIVERSE GEOGRAPHICAL AREAS OF THE COUNTY TO MONITOR PROGRESS, AND TO
ENSURE THAT ALLOCATION OF RESOURCES IS CONSISTENT WITH THE GOALS OF THE
SUFFOLK COUNTY SUBWATERSHED WASTEWATER MANAGEMENT PLAN WILL BE A BENEFIT
TO THE RESIDENTS OF THE COUNTY AND WILL ALLOW FOR THE IMPLEMENTATION OF
A MUCH NEEDED INTEGRATED LONG-TERM WASTEWATER SOLUTION FOR THE COUNTY.
2. POWER. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR
LOCAL LAW TO THE CONTRARY, INCLUDING THIS ARTICLE, THE COUNTY LEGISLA-
TURE OF SUFFOLK COUNTY IS HEREBY AUTHORIZED TO CREATE A SUFFOLK COUNTY
WASTEWATER MANAGEMENT DISTRICT WHICH SHALL INCLUDE ALL POWERS OF A SEWER
DISTRICT AND A WASTEWATER DISPOSAL DISTRICT (THE "DISTRICT") AS ENUMER-
ATED IN SECTION TWO HUNDRED FIFTY OF THIS ARTICLE AND AS SET FORTH IN
THIS SUBDIVISION, IN ACCORDANCE WITH THE PROCEDURE CONTAINED IN THIS
SECTION. IN ADDITION TO THE POWERS AS ENUMERATED WITHIN SECTION TWO
HUNDRED FIFTY OF THIS ARTICLE, THE DISTRICT SHALL HAVE THE POWER, AS
DETERMINED BY THE COUNTY LEGISLATURE, TO: (A) RECOMMEND AND ESTABLISH
ONE OR MORE ZONES OF ASSESSMENT WITHIN THE DISTRICT BASED UPON TERRITO-
RIAL BOUNDARIES, THE METHOD OF WASTEWATER COLLECTION, TREATMENT AND
DISPOSAL EXISTING OR PROPOSED, OR BOTH, AND MAKE CHANGES TO SUCH ZONES
OF ASSESSMENTS; (B) ACQUIRE INTERESTS IN REAL PROPERTY, INCLUDING EASE-
MENTS ON RESIDENTIAL PARCELS, NECESSARY FOR THE INSTALLATION AND MAINTE-
NANCE OF DISTRICT FACILITIES; (C) PRIORITIZE DISTRICT PROJECTS IN
ACCORDANCE WITH THE SUFFOLK COUNTY SUBWATERSHED WASTEWATER PLAN ADOPTED
BY THE COUNTY LEGISLATURE, AND ANY AMENDMENTS THERETO; AND (D) DISTRIB-
UTE GRANT PROCEEDS WITHIN THE DISTRICT IN ACCORDANCE WITH THE GOALS
ESTABLISHED IN THE SUFFOLK COUNTY SUBWATERSHED WASTEWATER PLAN.
3. BOUNDARIES. THE BOUNDARIES OF THE DISTRICT SHALL COINCIDE WITH THE
TERRITORIAL BOUNDARIES OF THE COUNTY OF SUFFOLK.
4. COUNTY AGENCY REVIEW AND REPORT. THE COUNTY LEGISLATURE SHALL
DIRECT THE COUNTY AGENCY, APPOINTED OR ESTABLISHED PURSUANT TO SECTION
TWO HUNDRED FIFTY-ONE OF THIS ARTICLE, TO REVIEW AND REPORT THEREON TO
THE COUNTY LEGISLATURE ON THE CREATION OF THE DISTRICT AND THE MERGER
THEREWITH OF ANY OR ALL EXISTING COUNTY SEWER DISTRICTS IN ACCORDANCE
WITH THIS SECTION AND SUCH OTHER DETAILS AS MAY BE DIRECTED BY THE COUN-
TY LEGISLATURE CONSISTENT WITH THIS ARTICLE. WHEN THE AGENCY HAS CAUSED
SUCH REPORT TO BE PREPARED, IT SHALL TRANSMIT IT TO THE COUNTY LEGISLA-
TURE. UPON RECEIPT OF THE REPORT, THE COUNTY LEGISLATURE SHALL CALL A
PUBLIC HEARING PURSUANT TO SUBDIVISION FIVE OF THIS SECTION TO CREATE A
SUFFOLK COUNTY WASTEWATER MANAGEMENT DISTRICT IN ACCORDANCE WITH THIS
SECTION. SUCH REPORT SHALL BE FILED IN THE OFFICE OF THE CLERK OF THE
LEGISLATURE OF SUFFOLK COUNTY.
5. RESOLUTION. THE COUNTY LEGISLATURE OF SUFFOLK COUNTY SHALL ADOPT A
RESOLUTION CALLING FOR A PUBLIC HEARING REGARDING THE PROPOSED CREATION
OF THE DISTRICT.
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6. NOTICE OF HEARING. THE CLERK OF THE COUNTY LEGISLATURE SHALL GIVE
NOTICE OF THE HEARING DESCRIBED IN SUBDIVISION FIVE OF THIS SECTION NOT
LESS THAN TEN NOR MORE THAN TWENTY DAYS BEFORE THE DAY SET THEREIN FOR
THE HEARING, IN THE OFFICIAL NEWSPAPERS OF THE COUNTY DESIGNATED PURSU-
ANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED FOURTEEN OF THIS CHAPTER,
AND IF AT LEAST ONE OF THE OFFICIAL NEWSPAPERS NOT BE OF COUNTY-WIDE
CIRCULATION, NOTICE OF THE HEARING SHALL ALSO BE PUBLISHED IN A NEWSPA-
PER HAVING COUNTY-WIDE CIRCULATION. THE NOTICE OF HEARING SHALL CONTAIN
WHETHER THE PROPOSAL FOR THE DISTRICT CONTAINS ONE OR MORE ZONES OF
ASSESSMENT AND THE DESCRIPTION OF EACH WHETHER BASED ON TERRITORIAL
BOUNDARIES, THE METHOD OF SEWAGE COLLECTION, TREATMENT AND DISPOSAL, OR
BOTH, AT THE TIME OF CREATION; WHETHER THE DISTRICT SHALL INCLUDE THE
MERGER OF ANY OR ALL SUFFOLK COUNTY SEWER DISTRICTS OR ANY PRIVATELY
SEWERED COMMUNITY INTO IT AT THE TIME OF ITS CREATION; WHETHER TO ASSESS
UPON EACH LOT OR PARCEL OF LAND SUBJECT TO TAXATION AND LOCATED WITHIN
THE DISTRICT AND THE AMOUNT OF MONEY REQUIRED TO BE PAID BY THE TYPICAL
ONE OR TWO FAMILY HOME WITHIN EACH ZONE OF ASSESSMENT, INCLUDING THE
ANNUAL EXPENSES OF OPERATION AND MAINTENANCE COSTS OF THE DISTRICT AND
THE SUMS SUFFICIENT TO PAY THE ANNUAL INSTALLMENT OF PRINCIPAL OF, AND
INTEREST ON, OBLIGATIONS FOR IMPROVEMENTS OF THE DISTRICT; THE BASIS FOR
THE FUTURE ASSESSMENT OF ALL SUCH EXPENSES OF THE DISTRICT BY ONE OR
MORE OF THE FOLLOWING METHODS: (A) SPECIAL ASSESSMENT AS THAT TERM IS
DEFINED IN SUBDIVISION FIFTEEN OF SECTION ONE HUNDRED TWO OF THE REAL
PROPERTY TAX LAW; (B) SPECIAL AD VALOREM LEVY AS THAT TERM IS DEFINED IN
SUBDIVISION FOURTEEN OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX
LAW; AND (C) SEWER RENTS AS PROVIDED BY ARTICLE FOURTEEN-F OF THE GENER-
AL MUNICIPAL LAW; AND THE ESTABLISHMENT BY SEPARATE LOCAL LAW OF A
STEERING COMMITTEE AS SET FORTH IN SUBDIVISION ELEVEN OF THIS SECTION TO
MAKE RECOMMENDATIONS TO THE COUNTY LEGISLATURE REGARDING MONITORING
PROGRESS WITHIN THE DISTRICT CONSISTENT WITH THE SUFFOLK COUNTY SUBWAT-
ERSHED WASTEWATER MANAGEMENT PLAN AND THE DISTRIBUTION OF ASSESSMENT
COLLECTIONS OR FUNDING FROM ANY OTHER SOURCE BETWEEN AND AMONG THE ZONES
OF ASSESSMENT WITHIN THE DISTRICT.
7. HEARING AND FINDINGS. (A) THE COUNTY LEGISLATURE SHALL MEET AT THE
TIME AND PLACE SPECIFIED IN THE NOTICE REQUIRED BY SUBDIVISION SIX OF
THIS SECTION AND HEAR ALL PERSONS INTERESTED IN THE SUBJECT MATTER THER-
EOF CONCERNING THE SAME.
(B) IF THE SUFFOLK COUNTY LEGISLATURE SHALL DETERMINE AFTER THE PUBLIC
HEARING IT IS IN THE PUBLIC INTEREST TO ESTABLISH THE DISTRICT AS RECOM-
MENDED IN THE REPORT AND SPECIFIED IN THE NOTICE OF HEARING; INCLUDING
THAT THE DISTRICT CONTAIN ONE OR MORE ZONES OF ASSESSMENT; THE MERGER OF
ANY OR ALL EXISTING SUFFOLK COUNTY SEWER DISTRICTS OR THE ASSIMILATION
OF ANY PRIVATELY SEWERED COMMUNITY INTO THE DISTRICT; TO ASSESS UPON
EACH LOT OR PARCEL OF LAND SUBJECT TO TAXATION AND LOCATED WITHIN THE
DISTRICT AND THE AMOUNT OF MONEY REQUIRED TO BE PAID BY THE TYPICAL ONE
OR TWO FAMILY HOME WITHIN EACH ZONE OF ASSESSMENT, INCLUDING THE ANNUAL
EXPENSES OF OPERATION AND MAINTENANCE COSTS OF THE DISTRICT AND THE SUMS
SUFFICIENT TO PAY THE ANNUAL INSTALLMENT OF PRINCIPAL OF, AND INTEREST
ON, OBLIGATIONS FOR IMPROVEMENTS OF THE DISTRICT; THE BASIS FOR THE
FUTURE ASSESSMENT OF ALL SUCH EXPENSES OF THE DISTRICT BY ONE OR MORE OF
THE FOLLOWING METHODS: (I) SPECIAL ASSESSMENT AS THAT TERM IS DEFINED IN
SUBDIVISION FIFTEEN OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX
LAW, (II) SPECIAL AD VALOREM LEVY AS THAT TERM IS DEFINED IN SUBDIVISION
FOURTEEN OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW, AND
(III) SEWER RENTS AS PROVIDED BY ARTICLE FOURTEEN-F OF THE GENERAL
MUNICIPAL LAW; THE ESTABLISHMENT BY SEPARATE LOCAL LAW OF A STEERING
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COMMITTEE AS SET FORTH IN SUBDIVISION ELEVEN OF THIS SECTION, IT MAY
ADOPT A RESOLUTION, SUBJECT TO PERMISSIVE REFERENDUM PURSUANT TO SECTION
ONE HUNDRED ONE OF THIS CHAPTER, SO CREATING THE DISTRICT TO FORM A
SINGLE COUNTY-WIDE SEWER AND WASTEWATER MANAGEMENT DISTRICT KNOWN AS THE
"SUFFOLK COUNTY WASTEWATER MANAGEMENT DISTRICT". IF THE COUNTY LEGISLA-
TURE SHALL DETERMINE THAT IT IS NOT IN THE PUBLIC INTEREST TO ESTABLISH
SUCH DISTRICT, IT SHALL ADOPT A RESOLUTION SO STATING AND TERMINATING
THE PROCEEDINGS WITH RESPECT THERETO.
(C) THE PERMISSION OF THE STATE COMPTROLLER SHALL NOT BE REQUIRED TO
ESTABLISH A DISTRICT CREATED PURSUANT TO THIS SECTION.
8. NOTICE OF ADOPTION OF RESOLUTION. WITHIN TEN DAYS AFTER THE
ADOPTION BY THE SUFFOLK COUNTY LEGISLATURE OF THE RESOLUTION TO ESTAB-
LISH THE DISTRICT DESCRIBED IN SUBDIVISION SEVEN OF THIS SECTION, THE
SUFFOLK COUNTY LEGISLATURE SHALL GIVE NOTICE THEREOF, AT THE EXPENSE OF
THE COUNTY, BY THE PUBLICATION OF A NOTICE IN SUCH NEWSPAPERS AND WITHIN
SUCH TIME PERIOD AS SET FORTH IN SECTION ONE HUNDRED ONE OF THIS CHAP-
TER. SUCH NOTICE SHALL SET FORTH THE DATE OF ADOPTION OF THE RESOLUTION
AND CONTAIN AN ABSTRACT OF SUCH RESOLUTION, DESCRIBING, IN GENERAL
TERMS, ITS PURPOSE AND INTENT AND THAT SUCH RESOLUTION WAS ADOPTED
SUBJECT TO PERMISSIVE REFERENDUM.
9. RECORDING DETERMINATION. THE CLERK OF THE COUNTY LEGISLATURE SHALL
WITHIN TEN DAYS AFTER THE EFFECTIVE DATE OF THE RESOLUTION CREATING THE
DISTRICT CAUSE A CERTIFIED COPY TO BE RECORDED IN THE OFFICE OF THE
CLERK OF THE COUNTY AND WHEN SO RECORDED SUCH ORDER SHALL BE PRESUMPTIVE
EVIDENCE OF THE REGULARITY OF THE PROCEEDINGS FOR THE CREATION OF THE
DISTRICT AND OF ALL OTHER ACTION TAKEN BY THE COUNTY LEGISLATURE PURSU-
ANT TO THIS SECTION. A CERTIFIED COPY SHALL ALSO BE FILED IN THE OFFICE
OF THE STATE DEPARTMENT OF AUDIT AND CONTROL IN ALBANY, NEW YORK.
10. CREATION OF THE DISTRICT. THE CREATION OF THE DISTRICT AND THE
MERGER OF ANY EXISTING COUNTY SEWER DISTRICTS THEREWITH SHALL BECOME
EFFECTIVE ON JANUARY FIRST OF THE NEXT SUCCEEDING YEAR FOLLOWING ITS
ADOPTION AS SET FORTH IN SUBDIVISION SEVEN OF THIS SECTION. UPON SUCH
CREATION AND MERGER, ALL THE PROPERTY OF SUCH SEWER DISTRICTS SO MERGED
SHALL BECOME THE PROPERTY OF THE DISTRICT, HOWEVER, SHALL REMAIN ATTRIB-
UTABLE TO SUCH ZONE OF ASSESSMENT THEREIN ESTABLISHED FROM WHICH IT WAS
ORIGINALLY ACQUIRED, AND THE DISTRICT SHALL, ON TERMS APPROVED BY THE
COUNTY LEGISLATURE, ASSUME AND PAY THE REMAINING INDEBTEDNESS OF EACH
SUCH ORIGINAL SEWER DISTRICT AS IF SUCH INDEBTEDNESS HAD BEEN INCURRED
SUBSEQUENT TO THE CREATION OF THE DISTRICT AND THE MERGER THEREWITH OF
ALL EXISTING SEWER DISTRICTS, HOWEVER, ANY AND ALL SUCH DEBT ASSUMED AND
PAYABLE SHALL THEREAFTER CONTINUE TO BE PAYABLE SOLELY WITH FUNDS
COLLECTED WITHIN THE ZONE OF ASSESSMENT FROM WHICH THE DEBT WAS
ORIGINALLY ASSUMED. THE SUFFOLK COUNTY WASTEWATER MANAGEMENT DISTRICT
SHALL BE DEEMED A COUNTY-WIDE SPECIAL DISTRICT TO CARRY OUT THE PURPOSES
OF THIS ARTICLE AND SUCH OTHER TERMS AS PROVIDED IN THIS ARTICLE.
11. STEERING COMMITTEE TO THE DISTRICT. THE STEERING COMMITTEE SHALL
BE COMPRISED OF THE FOLLOWING MEMBERS: A REPRESENTATIVE FROM THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION; A REPRESENTATIVE FROM THE EAST END
SUPERVISORS AND MAYORS ASSOCIATION; THE CHAIR OF THE SUFFOLK TOWN SUPER-
VISORS ASSOCIATION OR DESIGNEE; THE CHAIR FROM THE BUILDING TRADES OR
DESIGNEE; THE CHAIR OF THE SUFFOLK COUNTY PLANNING COMMISSION; A REPRE-
SENTATIVE FROM A REGIONAL ENVIRONMENTAL ORGANIZATION; THE COUNTY EXECU-
TIVE OR DESIGNEE; THE PRESIDING OFFICER OF THE SUFFOLK COUNTY LEGISLA-
TURE OR DESIGNEE; THE MINORITY LEADER OF THE SUFFOLK COUNTY LEGISLATURE
OR DESIGNEE; THE SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS COMMISSIONER
OR DESIGNEE; AND THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
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COMMISSIONER OR DESIGNEE. THE POWERS AND DUTIES OF THE STEERING COMMIT-
TEE SHALL INCLUDE AUDITING FISCAL ALLOCATIONS AS IT RELATES TO THE GOALS
OF THE SUFFOLK COUNTY SUBWATERSHED WASTEWATER MANAGEMENT PLAN, MAKING
PRUDENT RECOMMENDATIONS FOR RESOURCE ALLOCATIONS FOR COUNTY-APPROVED
ALTERNATIVE WASTEWATER TREATMENT TECHNOLOGIES NOT CONTEMPLATED IN THE
SUFFOLK COUNTY SUBWATERSHED WASTEWATER MANAGEMENT PLAN AND LONG-TERM
PROGRESS MONITORING OF THE IMPLEMENTATION OF THE SUFFOLK COUNTY SUBWAT-
ERSHED WASTEWATER MANAGEMENT PLAN REGARDING NITROGEN LOAD REDUCTIONS AND
ECOLOGICAL ENDPOINTS.
12. FUTURE IMPROVEMENTS. WHEN IMPROVEMENTS ARE PROPOSED TO BE MADE TO
THE DISTRICT AFTER THE EFFECTIVE DATE OF THIS SECTION, THE COUNTY LEGIS-
LATURE SHALL REVIEW AND DETERMINE WHETHER THE IMPROVEMENTS AND THE COST
THEREOF ARE IN THE PUBLIC INTEREST CONSISTENT WITH THE RECOMMENDATIONS
SET FORTH IN THE SUFFOLK COUNTY SUBWATERSHED WASTEWATER MANAGEMENT PLAN
AND IN ACCORDANCE WITH THE SUFFOLK COUNTY SUBWATERSHED WASTEWATER
MANAGEMENT PLAN PROCEDURE SET FORTH IN THIS ARTICLE PRIOR TO UNDERTAKING
SUCH IMPROVEMENTS. PERMISSION OF THE STATE COMPTROLLER SHALL NOT BE
REQUIRED FOR THE COUNTY LEGISLATURE TO APPROVE OR DISAPPROVE SUCH
IMPROVEMENTS.
13. CHANGES IN ZONES OF ASSESSMENT. AFTER THE FORMATION OF THE
DISTRICT IN ACCORDANCE WITH THIS SECTION, WHEN CHANGES IN THE NUMBER,
THE BOUNDARIES, THE BASIS FOR DETERMINING SUCH ZONES, OR THE ALLOCATION
OF COSTS OF FACILITIES AS BETWEEN SUCH ZONES OF ASSESSMENT ARE PROPOSED,
THE COUNTY LEGISLATURE SHALL DETERMINE THE NECESSITY FOR SUCH CHANGES TO
THE DISTRICT'S ZONES OF ASSESSMENT BY RESOLUTION APPROVED BY MAJORITY
VOTE OF THE TOTAL MEMBERSHIP OF THE COUNTY LEGISLATURE, AND PERMISSION
OF THE STATE COMPTROLLER SHALL NOT BE REQUIRED.
14. ASSESSMENTS, LEVYS AND CHARGES. AFTER THE FORMATION OF THE
DISTRICT IN ACCORDANCE WITH THIS SECTION, THE COUNTY IS HEREBY AUTHOR-
IZED BY RESOLUTION APPROVED BY MAJORITY VOTE OF THE TOTAL MEMBERSHIP OF
THE COUNTY LEGISLATURE TO ASSESS, LEVY AND COLLECT UPON EACH LOT OR
PARCEL OF LAND SUBJECT TO TAXATION WITHIN THE DISTRICT: (A) SPECIAL
ASSESSMENT AS THAT TERM IS DEFINED IN SUBDIVISION FIFTEEN OF SECTION ONE
HUNDRED TWO OF THE REAL PROPERTY TAX LAW; (B) SPECIAL AD VALOREM LEVY AS
THAT TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION ONE HUNDRED TWO
OF THE REAL PROPERTY TAX LAW; AND (C) SEWER RENTS AS PROVIDED BY ARTICLE
FOURTEEN-F OF THE GENERAL MUNICIPAL LAW DETERMINED TO BE IN THE PUBLIC
INTEREST PURSUANT TO SUBDIVISION SIX OF THIS SECTION. SUCH COSTS AND
EXPENSES MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, THE AMOUNT OF MONEY
REQUIRED TO PAY THE ANNUAL EXPENSES OF MAINTENANCE, OPERATION, PERSONNEL
SERVICES OF THE DISTRICT AND THE SUMS SUFFICIENT TO PAY THE ANNUAL
INSTALLMENT OF PRINCIPAL OF, AND INTEREST ON, OBLIGATIONS FOR IMPROVE-
MENTS OF THE DISTRICT. SUCH SUMS SO LEVIED SHALL BE COLLECTED BY THE
LOCAL TAX COLLECTORS OR RECEIVERS OF TAXES AND ASSESSMENTS AND SHALL BE
PAID OVER TO THE CHIEF FISCAL OFFICER OF THE COUNTY, IN THE SAME MANNER
AND AT THE SAME TIME AS TAXES LEVIED FOR GENERAL COUNTY PURPOSES. THE
CHIEF FISCAL OFFICER SHALL KEEP A SEPARATE ACCOUNT OF SUCH MONEYS AND
THEY SHALL BE USED ONLY FOR PURPOSES SET FORTH IN THIS SECTION, AND IN
ADDITION, ALL MONIES COLLECTED FROM EACH ZONE OF ASSESSMENT ESTABLISHED
OR AMENDED IN ACCORDANCE WITH THIS SECTION SHALL BE FURTHER SEGREGATED
AND SHALL NOT BE COMMINGLED WITH MONIES OF OTHER ZONES OF ASSESSMENT
EXCEPT UPON APPROVAL BY RESOLUTION OF THE COUNTY LEGISLATURE UPON RECOM-
MENDATION OF THE STEERING COMMITTEE ESTABLISHED IN ACCORDANCE WITH THIS
SECTION.
15. OTHER LAWS. ALL PROVISIONS OF THE REAL PROPERTY TAX LAW AND THE
SUFFOLK COUNTY TAX ACT, AS THE SAME MAY BE AMENDED FROM TIME TO TIME,
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NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, RELATING TO THE
ASSESSING, LEVY AND COLLECTION AND ENFORCEMENT OF SPECIAL ASSESSMENTS,
AD VALOREM LEVIES AND SEWER RENTS IN THE COUNTY SHALL APPLY AND BE OF
EQUAL FORCE AND APPLICABILITY TO SPECIAL ASSESSMENTS, AD VALOREM LEVIES
AND SEWER RENTS AUTHORIZED PURSUANT TO THIS SECTION.
16. TOWNS AND VILLAGES. THIS SECTION SHALL NOT BE CONSTRUED AS MERGING
THE SEWER DISTRICTS OF TOWNS AND VILLAGES WITHIN THE COUNTY OF SUFFOLK
INTO THE DISTRICT CREATED BY THIS SECTION, HOWEVER THE MERGER OF ANY
TOWN OR VILLAGE SEWER DISTRICT WITH THE DISTRICT SHALL BE IN ACCORDANCE
WITH SECTION TWO HUNDRED SEVENTY-SEVEN OF THIS ARTICLE.
§ 2. Section 257 of the county law is amended by adding a new subdivi-
sion 4 to read as follows:
4. EXCEPT AS SET FORTH IN SECTION TWO HUNDRED FIFTY-SIX-B OF THIS
ARTICLE, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR THE
PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, NO RESOLUTION OR LOCAL
LAW ADOPTED BY THE COUNTY OF SUFFOLK PURSUANT TO ANY PROVISION IN THIS
ARTICLE THAT WOULD OTHERWISE BE SUBJECT, SHALL BE SUBJECT TO REFERENDUM,
PROVIDED THAT THE LEGISLATURE OF THE COUNTY OF SUFFOLK HAS ADOPTED SUCH
RESOLUTION OR LOCAL LAW BY AT LEAST A TWO-THIRDS VOTE OF THE TOTAL
MEMBERSHIP OF THE LEGISLATURE OF THE COUNTY OF SUFFOLK.
§ 3. Paragraph (g) of subdivision 2 of section 3-c of the general
municipal law, as added by section 1 of part A of chapter 97 of the laws
of 2011, is amended to read as follows:
(g) "Tax levy limit" means the amount of taxes authorized to be levied
by or on behalf of a local government pursuant to this section,
provided, however, that the tax levy limit shall not include the follow-
ing:
(i) a tax levy necessary for expenditures resulting from court orders
or judgments against the local government arising out of tort actions
for any amount that exceeds five percent of the total tax levied in the
prior fiscal year;
(ii) in years in which the system average actuarial contribution rate
of the New York state and local employees' retirement system, as defined
by paragraph ten of subdivision a of section nineteen-a of the retire-
ment and social security law, increases by more than two percentage
points from the previous year, a tax levy necessary for expenditures for
the coming fiscal year for local government employer contributions to
the New York state and local employees' retirement system caused by
growth in the system average actuarial contribution rate minus two
percentage points;
(iii) in years in which the system average actuarial contribution rate
of the New York state and local police and fire retirement system, as
defined by paragraph eleven of subdivision a of section three hundred
nineteen-a of the retirement and social security law, increases by more
than two percentage points from the previous year, a tax levy necessary
for expenditures for the coming fiscal year for local government employ-
er contributions to the New York state and local police and fire retire-
ment system caused by growth in the system average actuarial contrib-
ution rate minus two percentage points;
(iv) in years in which the normal contribution rate of the New York
state teachers' retirement system, as defined by paragraph a of subdivi-
sion two of section five hundred seventeen of the education law,
increases by more than two percentage points from the previous year, a
tax levy necessary for expenditures for the coming fiscal year for local
government employer contributions to the New York state teachers'
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retirement system caused by growth in the normal contribution rate minus
two percentage points[.]; AND
(V) ANY SPECIAL ASSESSMENT AS THAT TERM IS DEFINED IN SUBDIVISION
FIFTEEN OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW AND ANY
SPECIAL AD VALOREM LEVY AS THAT TERM IS DEFINED IN SUBDIVISION FOURTEEN
OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW, LEVIED PURSUANT
TO SECTION TWO HUNDRED FIFTY-SIX-B OF THE COUNTY LAW.
§ 4. This act shall take effect immediately.