Senate Bill S8857A

2021-2022 Legislative Session

Authorizes local water and sewerage authorities to charge fees for surface runoff

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-S8857 - Details

See Assembly Version of this Bill:
A9445
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Public Authorities Law
Laws Affected:
Amd §§1196-b & 1196-d, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:
S4169, A4019

2021-S8857 - Summary

Enacts the water bill fairness act; authorizes local water and sewerage authorities to charge fees for surface runoff.

2021-S8857 - Sponsor Memo

2021-S8857 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8857
 
                             I N  S E N A T E
 
                              April 25, 2022
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to amend the public authorities law, in relation to authorizing
   local water and sewerage authorities to charge fees for surface runoff
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 1196-b of the public authorities law is amended by
 adding a new subdivision 22 to read as follows:
   22. "SURFACE RUNOFF CHARGE" SHALL MEAN THE IMPOSITION OF A FEE,  RATE,
 RENT  OR OTHER SERVICE CHARGE FOR THE USE OF, OR SERVICES FURNISHED BY A
 SEWERAGE FACILITY, SEWERAGE SYSTEM, OR BOTH, AS THE CASE MAY BE,  EITHER
 IN  A MINIMUM AMOUNT OR IN AN AMOUNT DETERMINED AS A FUNCTION OF (A) THE
 GROSS AREA OF THE REAL PROPERTY AND (B) THE IMPERVIOUS AREA OF THE PROP-
 ERTY. FOR THE PURPOSES OF THIS  SUBDIVISION,  "IMPERVIOUS  AREA  OF  THE
 PROPERTY"  SHALL MEAN THE AREA OF THE REAL PROPERTY THAT RESTRICTS WATER
 ABSORPTION.
   § 2. Subdivisions 22 and 23 of section 1196-d of the  public  authori-
 ties  law,  as  added by chapter 510 of the laws of 1984, are amended to
 read as follows:
   22. To provide for the discontinuance or disconnection of  the  supply
 of  water or the provision of sewerage service, or both, as the case may
 be, for non-payment of fees, rates,  rents  or  other  charges  therefor
 imposed  by the authority, provided such discontinuance or disconnection
 of any supply of water or the provision of sewerage service, or both, as
 the case may be, shall not be carried out except in the manner and  upon
 the notice as is required of a waterworks corporation pursuant to subdi-
 visions  three-a,  three-b  and  three-c  of  section  eighty-nine-b and
 section one hundred sixteen of the public service law; [and]
   23. TO DEVELOP A POLICY FOR THE COLLECTION OF SURFACE RUNOFF  CHARGES,
 AND  TO  CREATE CREDITS THAT MAY BE APPLIED THERETO BASED ON BEHAVIOR OR
 IMPROVEMENTS THAT ABSORB, DETAIN, OR RETAIN WATER AND THEREBY REDUCE THE
 USAGE OF SEWERAGE FACILITIES OR  SEWERAGE  SYSTEMS;  PROVIDED,  HOWEVER,
 THAT  NO  LESS  THAN  HALF  OF  THE REVENUES FROM THE COLLECTION OF SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S8857A (ACTIVE) - Details

See Assembly Version of this Bill:
A9445
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Public Authorities Law
Laws Affected:
Amd §§1196-b & 1196-d, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:
S4169, A4019

2021-S8857A (ACTIVE) - Summary

Enacts the water bill fairness act; authorizes local water and sewerage authorities to charge fees for surface runoff.

2021-S8857A (ACTIVE) - Sponsor Memo

2021-S8857A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8857--A
 
                             I N  S E N A T E
 
                              April 25, 2022
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and   Commissions  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public authorities law, in relation  to  authorizing
   local water and sewerage authorities to charge fees for surface runoff
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "water bill fairness act".
   § 2. Section 1196-b of the public authorities law is amended by adding
 seven new subdivisions 22, 23, 24, 25, 26, 27 and 28 to read as follows:
   22.  "STORMWATER"  SHALL  MEAN A FLOW OF WATER OCCURRING ON THE GROUND
 SURFACE WHEN RAIN OR MELTWATER CAN NO LONGER BE ABSORBED BY THE SOIL  OR
 GROUND SURFACE.
   23.  "GREEN  INFRASTRUCTURE" SHALL MEAN THE RANGE OF MEASURES THAT USE
 PLANT OR SOIL SYSTEMS, PERMEABLE PAVEMENT OR OTHER PERMEABLE SURFACES OR
 SUBSTRATES, STORMWATER HARVEST OR REUSE, OR LANDSCAPING TO STORE, INFIL-
 TRATE OR  EVAPOTRANSPIRATE  STORMWATER  AND  REDUCE  FLOWS  TO  SEWERAGE
 SYSTEMS, SEWERAGE FACILITIES, OR TO SURFACE WATERS.
   24.  "MS4 COMPLIANCE" SHALL MEAN EFFORTS UNDERTAKEN TO COMPLY WITH THE
 REQUIREMENTS OF  PERMITS  ISSUED  FOR  MUNICIPAL  SEPARATE  STORM  SEWER
 SYSTEMS PURSUANT TO ANY FEDERAL RULE OR REGULATION REQUIRED BY 31 U.S.C.
 SECTION  1342, INCLUDING 40 C.F.R. PARTS 9, 122, 123, AND 124 ("STORMWA-
 TER II") OR ANY SUCCESSOR REGULATION.
   25. "COMBINED SEWER SYSTEM" SHALL MEAN A SEWERAGE SYSTEM  OR  SEWERAGE
 FACILITY  OWNED  BY  THE  STATE, AUTHORITY, OR MUNICIPALITY THAT CONVEYS
 STORMWATER AND  SANITARY WASTEWATER FROM  RESIDENTIAL,  COMMERCIAL,  AND
 INDUSTRIAL SOURCES THROUGH A SINGLE-PIPE SYSTEM.
   26.  "COMBINED SEWER OVERFLOW" SHALL MEAN THE DISCHARGE OF SEWAGE FROM
 A COMBINED SEWER SYSTEM AT A POINT IN SUCH SYSTEM BEFORE SUCH SEWAGE HAS
 REACHED A PUBLICLY OWNED TREATMENT WORKS, USUALLY CAUSED BY AN  INCREASE
 IN FLOW IN EXCESS OF DESIGN CAPACITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14591-07-2
              

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