NY State Senate Bill 2023-S8861

Senate Bill S8861

2023-2024 Legislative Session

Includes stormwater in the definition of sewage for purposes of certain water, sewer, and water and sewer authorities

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Current Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 29, 2024	referred to corporations, authorities and commissions delivered to assembly passed senate
May 23, 2024	advanced to third reading
May 22, 2024	2nd report cal.
May 21, 2024	1st report cal.1299
Mar 22, 2024	referred to corporations, authorities and commissions

Votes

- May 29, 2024 - Floor Vote
  S8861
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 29, 2024
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
  May 21, 2024 - Corporations, Authorities And Commissions Committee Vote
  S8861
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: May 21, 2024
      
      aye (7)
      
      Comrie
      
      Hoylman-Sigal
      
      Mattera
      
      Mayer
      
      Ramos
      
      Skoufis
      
      Weber

Bill Amendments

Original

co-Sponsors

View additional co-sponsors

2023-S8861 (ACTIVE) - Details

See Assembly Version of this Bill:: A9435
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd Pub Auth L, generally

2023-S8861 (ACTIVE) - Summary

Includes stormwater in the definition of sewage for purposes of certain water, sewer, and water and sewer authorities; defines stormwater.

2023-S8861 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8861

SPONSOR: MAY
 
TITLE OF BILL:

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

 
PURPOSE:

This bill clarifies that certain water and sewer authorities can take
actions to manage stormwater.

 
SUMMARY OF SPECIFIC PROVISIONS:

Sections 1-26 amend the public authorities law to add a definition of
"stormwater" and to include "stormwater" within the meaning of "sewage"
in statutes authorizing the New York City Municipal Water Finance
Authority, the Albany Municipal Water Finance Authority, the Town of
Wilton Water and Sewer Authority, the Alfred, Almond, Hornellsville
Sewer Authority, the Buffalo Sewer Authority, the New York State Local

Water and Sewer Authority Act, the Rensselaer County Water and Sewer
Authority, the Wayne County Water and Sewer Authority, the Cayuga County
Water and Sewer Authority, the Livingston County Water and Sewer Author-
ity, the Niagara Falls Public Water Authority, the Nassau County Sewer
and Storm Water Finance Authority, and the Environmental Facilities
Corporation.

 
JUSTIFICATION:

Extreme rainfall events that are increasing with changes to our climate
place an enormous strain on our state's aging sewer infrastructure.
Coupled with the abundance of impervious areas like pavement and side-
walks, heavy rainfall events cause floods and sewer overflows in every
corner of the state. Severe flooding poses grave environmental, social,
and economic concerns and underscores the need for improved stormwater
infrastructure and more "green infrastructure" to help absorb, treat, or
divert excess stormwater.

This legislation adds a definition of "stormwater" to the definition of
"sewage" in the authorizing statutes for certain public authorities that
manage sewage or wastewater, clarifying the power of such authorities to
take actions related to stormwater if they so choose. Such actions could
include the differentiation of water and sewer charges from the costs of
stormwater management or the creation of incentive programs or credits
for stormwater management.

Nationally, cities like Ithaca, Philadelphia, and Washington, D.C. as
well as approximately 2,000 municipalities have also implemented similar
provisions for their stormwater management.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None
 
EFFECTIVE DATE:
Immediately

2023-S8861 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8861
 
                             I N  S E N A T E
 
                              March 22, 2024
                                ___________
 
 Introduced  by Sens. MAY, HOYLMAN-SIGAL -- read twice and ordered print-
   ed, 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  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14685-02-4
 S. 8861                             2

 
   §  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:
   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.
 S. 8861                             3
 
   § 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:
   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
 S. 8861                             4

 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.
   §  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.

co-Sponsors

2023-S8861A (ACTIVE) - Details

See Assembly Version of this Bill:: A9435
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd Pub Auth L, generally

2023-S8861A (ACTIVE) - Summary

Includes stormwater in the definition of sewage for purposes of certain water, sewer, and water and sewer authorities; defines stormwater.

2023-S8861A (ACTIVE) - Bill Text download pdf

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Senate Bill S8861

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Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2023-S8861 (ACTIVE) - Details

2023-S8861 (ACTIVE) - Summary

2023-S8861 (ACTIVE) - Sponsor Memo

2023-S8861 (ACTIVE) - Bill Text download pdf

co-Sponsors

2023-S8861A (ACTIVE) - Details

2023-S8861A (ACTIVE) - Summary

2023-S8861A (ACTIVE) - Bill Text download pdf

Comments