NY State Senate Bill 2023-S4169

Current Bill Status - Stricken

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2024	recommit, enacting clause stricken
Jan 03, 2024	referred to corporations, authorities and commissions
Feb 03, 2023	referred to corporations, authorities and commissions

co-Sponsors

2023-S4169 (ACTIVE) - Details

Law Section:: Public Authorities Law
Laws Affected:: Amd §§1196-b & 1196-d, Pub Auth L
Versions Introduced in 2021-2022 Legislative Session:: S8857

2023-S4169 (ACTIVE) - Summary

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

2023-S4169 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4169

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to authorizing
local water and sewerage authorities to charge fees for surface runoff

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill can provide homeowner tax relief on water bills by providing
local authorities the option of shifting the stormwater management costs
more equitably to the properties and facilities creating the runoff.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one creates a short title of the bill - "the water bill fairness
act."

Section two amends section 1196-b of the public authorities law to add
definitions related to stormwater management, including stormwater,
green infrastructure, MS4 compliance, combined sewer system, combined

sewer overflow, stormwater management, and stormwater fee.

Section three amends section 1196-d of the public authorities law to
authorize the imposition of fees for the recovery of the costs of storm-
water management, and creates a policy framework within which such a fee
could be imposed. Such a fee would not be permitted if the authority
already recovers the costs of stormwater management through another
extant fee, except on an emergency basis. Credits for the installation
of green infrastructure are permitted, as is the adjustment of the fee
in relation to income or the exemption of agricultural properties.

Section four is the effective date.

 
JUSTIFICATION:

A combination of climate change, increased strain on aging sewer infras-
tructure, and the growth of impervious areas such as pavement have
increased the frequency of floods and sewer overflows in New York's
communities after heavy rainfall. Sewer overflows and floods pose grave
environmental, social, and economic concerns and have underscored the
need for stormwater infrastructure and more "green infrastructure" to
help absorb, treat, harvest, or divert excess stormwater in urban areas.

Some properties contribute more to flooding than others, based on size
and impervious surface area, which is why stormwater fees-fees imposed
by a local jurisdiction in relation to a property's estimated contrib-
ution to stormwater runoff-have been levied in more than 1,800 communi-
ties across the United States since the 1970s and the passage of the
Clean Water Act.

Yet only one stormwater fee is currently levied in New York state, in
the city of Ithaca. New York State law lags far behind other states in
this area. In New York, water and sewer authorities are typically
financed by metered potable water usage. In other words, the costs of
stormwater management are baked into water bills. This means that home-
owners effectively subsidize other properties that contribute far more
to flooding but use very little water, such as parking lots. By decoupl-
ing the costs of stormwater management from water usage, the imposition
of stormwater runoff fees cures this imbalance by ensuring that proper-
ties with large impervious areas but little potable water usage also pay
their fair share to maintain sewer systems and stormwater infrastruc-
ture. By creating credits for property owners who install green infras-
tructure, stormwater fees also create a financial incentive to further
reduce stormwater runoff on private property. Stormwater fees make water
bills fairer by equitably distributing the costs of stormwater manage-
ment.

This legislation does not require stormwater fees or specify how much
they should cost, but instead simply authorizes water and sewer authori-
ties to impose such fees by clarifying the statutory authority to do so,
including the authority to create credits for green infrastructure, to
create discounts on the basis of income, and to create differential
rates based on property classification. Because various stormwater
management programs are already required pursuant to state and federal
laws and regulations, including the Clean Water Act and Water Pollution
Control Act, the bill seeks to define the relevant terms in harmony with
existing legal requirements.

 
LEGISLATIVE HISTORY:

2022: S8557-A (COMRIE) REF TO CORPORATIONS/ A9445-A (Gallagher) Ref to
Corporations

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
Immediately

2023-S4169 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4169
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  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.  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, DRAINAGE SYSTEMS, DRAINAGE 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00254-04-3

 S. 4169                             2
 
 REACHED A PUBLICLY OWNED TREATMENT WORKS, USUALLY CAUSED BY AN  INCREASE
 IN FLOW IN EXCESS OF DESIGN CAPACITY.
   27.   "STORMWATER   MANAGEMENT"   SHALL  MEAN  THE  PLANNING,  DESIGN,
 CONSTRUCTION, MAINTENANCE, IMPROVEMENT, ACQUISITION, OR OPERATION OF ANY
 PUBLIC SYSTEM OF PRACTICES OR INFRASTRUCTURE,  INCLUDING  GREEN  INFRAS-
 TRUCTURE, WHICH CONVEYS, TREATS, OR STORES STORMWATER, INDUCES GROUNDWA-
 TER  RECHARGE  OF  STORMWATER,  REDUCES  FLOODING  CAUSED BY STORMWATER,
 REDUCES THE DISCHARGE OF UNTREATED STORMWATER INTO  SURFACE  WATERS,  OR
 REDUCES  COMBINED  SEWER  OVERFLOWS  OR OTHER DELETERIOUS ENVIRONMENTAL,
 SOCIAL, OR ECONOMIC CONSEQUENCES CAUSED BY UNMANAGED STORMWATER  RUNOFF.
 STORMWATER MANAGEMENT SHALL INCLUDE, WITHOUT LIMITATION: MS4 COMPLIANCE;
 ACTIONS  REQUIRED TO COMPLY WITH A STATE POLLUTANT DISCHARGE ELIMINATION
 SYSTEM PERMIT ISSUED PURSUANT TO ARTICLE SEVENTEEN OF THE  ENVIRONMENTAL
 CONSERVATION  LAW  AND  REASONABLY RELATED TO STORMWATER MANAGEMENT; THE
 DEVELOPMENT AND IMPLEMENTATION OF A MUNICIPAL STORMWATER MANAGEMENT PLAN
 OR STORMWATER CONTROL ORDINANCE; AND THE DEVELOPMENT AND  IMPLEMENTATION
 OF  A LONG-TERM CONTROL PLAN TO MITIGATE COMBINED SEWER OVERFLOWS PURSU-
 ANT TO ANY FEDERAL OR STATE LAW, REGULATION, RULE,  PERMIT,  OR  CONSENT
 DECREE.
   28. "STORMWATER FEE" SHALL MEAN THE IMPOSITION OF A FEE, RATE, RENT OR
 OTHER  SERVICE  CHARGE FOR THE COSTS OF STORMWATER MANAGEMENT, IN: (A) A
 FIXED AMOUNT PER PROPERTY; (B) AN AMOUNT DETERMINED AS A FUNCTION OF THE
 GROSS AREA OF THE REAL PROPERTY AND THE IMPERVIOUS AREA OF THE PROPERTY;
 OR (C) UPON ANY OTHER EQUITABLE BASIS DETERMINED BY THE LEGISLATIVE BODY
 OF THE SPONSORING MUNICIPALITY, INCLUDING BUT NOT LIMITED TO ANY  COMBI-
 NATION  OF THE FOREGOING. SUCH A FEE MAY BE ADJUSTED FOR THE CLASSIFICA-
 TION OR USE OF THE PROPERTY AND SHALL BE A FAIR AND  EQUITABLE  APPROXI-
 MATION  OF  THE  REAL PROPERTY'S PROPORTIONAL CONTRIBUTION TO STORMWATER
 RUNOFF. FOR THE PURPOSES OF THIS SUBDIVISION, "IMPERVIOUS  AREA  OF  THE
 PROPERTY"  SHALL MEAN THE AREA OF THE REAL PROPERTY THAT RESTRICTS WATER
 ABSORPTION.
   § 3. 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 AND IMPLEMENT A POLICY FOR THE COLLECTION OF STORMWATER
 FEES, AND TO CREATE CREDITS THAT MAY BE APPLIED THERETO BASED ON  BEHAV-
 IOR  OR IMPROVEMENTS THAT REDUCE, RETAIN, OR TREAT STORMWATER; PROVIDED,
 HOWEVER, THAT THE COSTS OF STORMWATER MANAGEMENT ARE NOT PRIMARILY FUND-
 ED THROUGH ANY OTHER FEE, RATE, RENT, OR SERVICE  CHARGE  LEVIED  SIMUL-
 TANEOUSLY  WITHIN  THE  DISTRICT,  EXCEPTING  ON A ONE-TIME OR EMERGENCY
 BASIS.
   (A) SEPARATE, PARTIAL, AND NON-EXCLUSIVE CREDITS MAY BE  CREATED  FOR:
 (I)  THE  INSTALLATION, OPERATION, AND MAINTENANCE OF CURRENT STORMWATER
 BEST MANAGEMENT PRACTICES  THAT  REDUCE,  RETAIN,  OR  TREAT  STORMWATER
 ON-SITE  AND WHICH ARE APPROVED BY THE COUNTY, MUNICIPALITY, OR AUTHORI-
 TY; (II) THE INSTALLATION, OPERATION, AND MAINTENANCE OF  GREEN  INFRAS-
 TRUCTURE  THAT  REDUCES, RETAINS, OR TREATS STORMWATER ON-SITE AND WHICH
 S. 4169                             3
 
 IS APPROVED BY THE COUNTY, MUNICIPALITY,  OR  AUTHORITY;  OR  (III)  ANY
 COMBINATION OF SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH THAT EXCEEDS
 REQUIREMENTS  THAT  MAY BE APPLICABLE UNDER ANY LAW, RULE, OR REGULATION
 RELATED TO STORMWATER MANAGEMENT, STORMWATER MANAGEMENT PLANS, OR STORM-
 WATER CONTROL ORDINANCES.
   (B)  THE  AUTHORITY'S POLICY MAY EXEMPT CERTAIN HORTICULTURAL OR AGRI-
 CULTURAL PROPERTIES FROM SUCH FEES.
   (C) ALL OF THE REVENUES FROM THE COLLECTION OF SUCH FEES BY AN AUTHOR-
 ITY SHALL BE RESERVED FOR STORMWATER MANAGEMENT WITHIN THE DISTRICT  AND
 THE  RECOVERY  OF  THE  COSTS  INCURRED BY THE AUTHORITY'S OR SPONSORING
 MUNICIPALITY'S STORMWATER MANAGEMENT PROGRAMS; PROVIDED,  HOWEVER,  THAT
 THE  AUTHORITY'S POLICY SHALL SET ASIDE A SPECIFIC PROPORTION OF REVENUE
 FROM THE COLLECTION OF SUCH FEES FOR  THE  PLANNING,  CONSTRUCTION,  AND
 MAINTENANCE OF GREEN INFRASTRUCTURE.
   (D)  THE AUTHORITY'S POLICY MAY DISCOUNT A STORMWATER FEE ON THE BASIS
 OF INCOME; AND
   24. To do all things necessary, convenient or desirable to  carry  out
 its purposes and for the exercise of the powers granted in this title.
   § 4. This act shall take effect immediately.

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Senate Bill S4169

Sponsored By

Current Bill Status - Stricken

co-Sponsors

2023-S4169 (ACTIVE) - Details

2023-S4169 (ACTIVE) - Summary

2023-S4169 (ACTIVE) - Sponsor Memo

2023-S4169 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4169

Share this bill

Sponsored By

Rachel May

Current Bill Status - Stricken

co-Sponsors

Leroy Comrie

Kristen Gonzalez

Brad Hoylman-Sigal

Liz Krueger

2023-S4169 (ACTIVE) - Details

2023-S4169 (ACTIVE) - Summary

2023-S4169 (ACTIVE) - Sponsor Memo

2023-S4169 (ACTIVE) - Bill Text download pdf

Comments