S T A T E O F N E W Y O R K
________________________________________________________________________
9435
I N A S S E M B L Y
March 14, 2024
___________
Introduced by M. of A. GALLAGHER -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to including
stormwater in the definition of sewage for purposes of certain water,
sewer, and water and sewer authorities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 12 of section 1045-b of the public authorities
law, as added by chapter 513 of the laws of 1984, is amended to read as
follows:
12. "Sewage" shall mean the water-carried human or animal wastes from
residences, buildings, industrial establishments or other places,
together with such groundwater infiltration, STORMWATER, and surface
water as may be present. The admixture with sewage of industrial or
other waste also shall be considered "sewage" within the meaning of this
title.
§ 2. Subdivisions 17, 18, 19, 20 and 21 of section 1045-b of the
public authorities law are renumbered subdivisions 18, 19, 20, 21 and 22
and a new subdivision 17 is added to read as follows:
17. "STORMWATER" SHALL MEAN A FLOW OF WATER OCCURRING ON THE GROUND OR
OTHER SURFACE WHEN RAIN OR MELTWATER CAN NO LONGER BE ABSORBED BY THE
SOIL OR OTHER SURFACE.
§ 3. Subdivision 19 of section 1115-a of the public authorities law,
as amended by chapter 403 of the laws of 1987, is amended to read as
follows:
19. "Sewage" shall mean the water-carried human or animal wastes from
residences, buildings, industrial establishments or other places,
together with such groundwater infiltration, STORMWATER, and surface
water as may be present. The admixture with sewage of industrial or
other waste also shall be considered "sewage" within the meaning of this
title.
§ 4. Subdivisions 24, 25 and 26 of section 1115-a of the public
authorities law are renumbered subdivisions 25, 26 and 27 and a new
subdivision 24 is added to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14685-02-4
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24. "STORMWATER" SHALL MEAN A FLOW OF WATER OCCURRING ON THE GROUND OR
OTHER SURFACE WHEN RAIN OR MELTWATER CAN NO LONGER BE ABSORBED BY THE
SOIL OR OTHER SURFACE.
§ 5. Subdivision 17 of section 1122 of the public authorities law, as
added by chapter 595 of the laws of 1991, is amended to read as follows:
17. "Sewerage" means the water-carried human or animal wastes from
residences, buildings, industrial establishments or other places,
together with such groundwater infiltration, STORMWATER, and surface
water as may be present. The admixture with sewage of industrial or
other wastes also shall be considered "sewage" within the meaning of
this title.
§ 6. Subdivisions 22, 23, 24, 25, 26, 27, 28 and 29 of section 1122 of
the public authorities law, as added by chapter 595 of the laws of 1991,
are renumbered subdivisions 23, 24, 25, 26, 27, 28, 29 and 30 and a new
subdivision 22 is added to read as follows:
22. "STORMWATER" MEANS A FLOW OF WATER OCCURRING ON THE GROUND OR
OTHER SURFACE WHEN RAIN OR MELTWATER CAN NO LONGER BE ABSORBED BY THE
SOIL OR OTHER SURFACE.
§ 7. Subdivision 18 of section 1122 of the public authorities law, as
added by chapter 592 of the laws of 1991, is amended to read as follows:
18. "Sewage" means the water-carried human or animal wastes from resi-
dences, buildings, industrial establishments or other places, together
with such groundwater infiltration, STORMWATER, and surface water as may
be present. The admixture with sewage of industrial or other waste also
shall be considered "sewage" within the meaning of this title.
§ 8. Subdivisions 22, 23 and 24 of section 1122 of the public authori-
ties law, as added by chapter 592 of the laws of 1991, are renumbered
subdivisions 23, 24, and 25 and a new subdivision 22 is added to read as
follows:
22. "STORMWATER" MEANS A FLOW OF WATER OCCURRING ON THE GROUND OR
OTHER SURFACE WHEN RAIN OR MELTWATER CAN NO LONGER BE ABSORBED BY THE
SOIL OR OTHER SURFACE.
§ 9. Subdivisions 16, 17 and 18 of section 1147-a of the public
authorities law are renumbered subdivisions 17, 18 and 19 and a new
subdivision 16 is added to read as follows:
16. "SEWAGE" SHALL MEAN THE WATER-CARRIED HUMAN OR ANIMAL WASTES FROM
RESIDENCES, BUILDINGS, INDUSTRIAL ESTABLISHMENTS OR OTHER PLACES,
TOGETHER WITH SUCH GROUNDWATER INFILTRATION, STORMWATER, AND SURFACE
WATER AS MAY BE PRESENT. THE ADMIXTURE WITH SEWAGE OF INDUSTRIAL OR
OTHER WASTE ALSO SHALL BE CONSIDERED "SEWAGE" WITHIN THE MEANING OF THIS
TITLE.
§ 10. Subdivisions 19 and 20 of section 1147-a of the public authori-
ties law are renumbered subdivisions 21 and 22 and a new subdivision 20
is added to read as follows:
20. "STORMWATER" SHALL MEAN A FLOW OF WATER OCCURRING ON THE GROUND OR
OTHER SURFACE WHEN RAIN OR MELTWATER CAN NO LONGER BE ABSORBED BY THE
SOIL OR OTHER SURFACE.
§ 11. Section 1176 of the public authorities law is amended by adding
a new subdivision 26 to read as follows:
26. THE TERM "STORMWATER" SHALL MEAN A FLOW OF WATER OCCURRING ON THE
GROUND OR OTHER SURFACE WHEN RAIN OR MELTWATER CAN NO LONGER BE ABSORBED
BY THE SOIL OR OTHER SURFACE.
§ 12. Subdivision 12 of section 1196-b of the public authorities law,
as added by chapter 510 of the laws of 1984, is amended to read as
follows:
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12. "Sewage" shall mean the water-carried human or animal wastes from
residences, buildings, industrial establishments or other places,
together with such groundwater infiltration, STORMWATER, and surface
water as may be present. The admixture with sewage of industrial or
other waste also shall be considered "sewage" within the meaning of this
title.
§ 13. Subdivisions 17, 18, 19, 20 and 21 of section 1196-b of the
public authorities law are renumbered subdivisions 18, 19, 20, 21 and 22
and a new subdivision 17 is added to read as follows:
17. "STORMWATER" SHALL MEAN A FLOW OF WATER OCCURRING ON THE GROUND OR
OTHER SURFACE WHEN RAIN OR MELTWATER CAN NO LONGER BE ABSORBED BY THE
SOIL OR OTHER SURFACE.
§ 14. Subdivision 19 of section 1199-a of the public authorities law,
as added by chapter 723 of the laws of 1986, is amended to read as
follows:
19. "Sewage" means the water-carried human or animal wastes from resi-
dences, buildings, industrial establishments or other places, together
with such groundwater infiltration, STORMWATER, and surface water as may
be present. The admixture with sewage of industrial or other waste also
shall be considered "sewage" within the meaning of this title.
§ 15. Subdivisions 23, 24 and 25 of section 1199-a of the public
authorities law are renumbered subdivisions 24, 25 and 26 and a new
subdivision 23 is added to read as follows:
23. "STORMWATER" MEANS A FLOW OF WATER OCCURRING ON THE GROUND OR
OTHER SURFACE WHEN RAIN OR MELTWATER CAN NO LONGER BE ABSORBED BY THE
SOIL OR OTHER SURFACE.
§ 16. Subdivision 18 of section 1199-bb of the public authorities law,
as added by chapter 501 of the laws of 1990, is amended to read as
follows:
18. "Sewage" means the water-carried human or animal wastes from resi-
dences, buildings, industrial establishments or other places, together
with such groundwater infiltration, STORMWATER, and surface water as may
be present. The admixture with sewage of industrial or other waste also
shall be considered "sewage" within the meaning of this title.
§ 17. Subdivisions 22, 23, 24, 25, 26, 27 and 28 of section 1199-bb of
the public authorities law, subdivisions 22, 23, 24, 25, 26 and 28 as
renumbered by chapter 501 of the laws of 1990, are renumbered subdivi-
sions 23, 24, 25, 26, 27, 28 and 29 and a new subdivision 22 is added to
read as follows:
22. "STORMWATER" MEANS A FLOW OF WATER OCCURRING ON THE GROUND OR
OTHER SURFACE WHEN RAIN OR MELTWATER CAN NO LONGER BE ABSORBED BY THE
SOIL OR OTHER SURFACE.
§ 18. Subdivision 18 of section 1199-bbbb of the public authorities
law, as added by chapter 195 of the laws of 1995, is amended to read as
follows:
18. "Sewage" means the water-carried human or animal wastes from resi-
dences, buildings, industrial establishments or other places, together
with such groundwater infiltration, STORMWATER, and surface water as may
be present. The admixture with sewage of industrial or other waste also
shall be considered "sewage" within the meaning of this title.
§ 19. Subdivisions 22, 23, 24, 25, 26, 27 and 28 of section 1199-bbbb
of the public authorities law, as added by chapter 195 of the laws of
1995, are renumbered subdivisions 23, 24, 25, 26, 27, 28 and 29 and a
new subdivision 22 is added to read as follows:
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22. "STORMWATER" MEANS A FLOW OF WATER OCCURRING ON THE GROUND OR
OTHER SURFACE WHEN RAIN OR MELTWATER CAN NO LONGER BE ABSORBED BY THE
SOIL OR OTHER SURFACE.
§ 20. Subdivision 18 of section 1199-aaaa of the public authorities
law, as added by chapter 411 of the laws of 1995, is amended to read as
follows:
18. "Sewage" means the water-carried human or animal wastes from resi-
dences, buildings, industrial establishments or other places, together
with such groundwater infiltration, STORMWATER, and surface water as may
be present. The admixture with sewage of industrial or other waste also
shall be considered "sewage" within the meaning of this title.
§ 21. Subdivisions 22, 23, 24, 25, 26, 27 and 28 of section 1199-aaaa
of the public authorities law, as added by chapter 411 of the laws of
1995, are renumbered subdivisions 23, 24, 25, 26, 27, 28 and 29 and a
new subdivision 22 is added to read as follows:
22. "STORMWATER" MEANS A FLOW OF WATER OCCURRING ON THE GROUND OR
OTHER SURFACE WHEN RAIN OR MELTWATER CAN NO LONGER BE ABSORBED BY THE
SOIL OR OTHER SURFACE.
§ 22. Subdivision 2 of section 1230-g of the public authorities law is
amended by adding a new paragraph (h) to read as follows:
(H) "STORMWATER" MEANS A FLOW OF WATER OCCURRING ON THE GROUND OR
OTHER SURFACE WHEN RAIN OR MELTWATER CAN NO LONGER BE ABSORBED BY THE
SOIL OR OTHER SURFACE.
§ 23. Subdivision 21 of section 1232-b of the public authorities law,
as added by chapter 685 of the laws of 2003, is amended to read as
follows:
21. "Sewage" means the water-carried human or animal wastes from resi-
dences, buildings, industrial establishments or other places, together
with such ground water infiltration, STORMWATER, and surface water as
may be present. The admixture of sewage with industrial or other waste
also shall be considered "sewage" within the meaning of this title.
§ 24. Subdivisions 26 and 27 of section 1232-b of the public authori-
ties law are renumbered subdivisions 27 and 28 and a new subdivision 26
is added to read as follows:
26. "STORMWATER" MEANS A FLOW OF WATER OCCURRING ON THE GROUND OR
OTHER SURFACE WHEN RAIN OR MELTWATER CAN NO LONGER BE ABSORBED BY THE
SOIL OR OTHER SURFACE.
§ 25. Subdivision 16 of section 1281 of the public authorities law, as
amended by chapter 744 of the laws of 1970, is amended to read as
follows:
16. "Sewage" shall mean the water-carried human or animal wastes from
residences, buildings, industrial establishments or other places,
together with such ground water infiltration, STORMWATER, and surface
water as may be present. The admixture with sewage of industrial waste
or other waste shall also be considered "sewage" within the meaning of
this title.
§ 26. Section 1281 of the public authorities law is amended by adding
a new subdivision 35 to read as follows:
35. "STORMWATER" OR "STORM WATER" SHALL MEAN A FLOW OF WATER OCCURRING
ON THE GROUND OR OTHER SURFACE WHEN RAIN OR MELTWATER CAN NO LONGER BE
ABSORBED BY THE SOIL OR OTHER SURFACE.
§ 27. This act shall take effect immediately.