S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4831
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2025
                                ___________
 
 Introduced  by  M.  of  A. GALLAGHER, BURDICK, ROSENTHAL, SIMON, KELLES,
   GONZALEZ-ROJAS,  DAVILA,  FORREST,  SHIMSKY,  BORES,  REYES,   COLTON,
   SIMONE,  MAMDANI  -- read once and referred to the Committee on Corpo-
   rations, Authorities and Commissions
 
 AN ACT to amend the  environmental  conservation  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. Article 17 of the environmental conservation law is amended
 by adding a new title 23 to read as follows:
                                 TITLE 23
                              STORMWATER FEES
 SECTION 17-2301. DEFINITIONS.
         17-2303. STORMWATER FEES AUTHORIZED.
         17-2305. CONSTRUCTION.
 § 17-2301. DEFINITIONS.
   AS  USED  IN  THIS  TITLE,  UNLESS  OTHERWISE  EXPRESSLY STATED OR THE
 CONTEXT OR SUBJECT MATTER OTHERWISE REQUIRES, THE FOLLOWING TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "STORMWATER" MEANS A FLOW OF WATER OCCURRING ON THE GROUND SURFACE
 WHEN RAIN OR MELTWATER CAN NO LONGER BE ABSORBED BY THE SOIL  OR  GROUND
 SURFACE.
   2.  "GREEN  INFRASTRUCTURE" MEANS THE RANGE OF MEASURES THAT USE PLANT
 OR SOIL SYSTEMS, PERMEABLE PAVEMENT OR OTHER PERMEABLE SURFACES OR SUBS-
 TRATES, STORMWATER HARVEST OR REUSE, OR LANDSCAPING TO STORE, INFILTRATE
 OR EVAPOTRANSPIRATE STORMWATER AND REDUCE  FLOWS  TO  SEWERAGE  SYSTEMS,
 SEWERAGE  FACILITIES,  DRAINAGE  SYSTEMS,  DRAINAGE  FACILITIES,  OR  TO
 SURFACE WATERS.
   3. "MS4 COMPLIANCE"  MEANS  EFFORTS  UNDERTAKEN  TO  COMPLY  WITH  THE
 REQUIREMENTS  OF  PERMITS  ISSUED  FOR  MUNICIPAL  SEPARATE  STORM SEWER

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08711-01-5
              

 A. 4831                             2
 
 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.
   4. "COMBINED SEWER SYSTEM" MEANS A SEWERAGE SYSTEM OR SEWERAGE FACILI-
 TY  OWNED BY THE STATE, AUTHORITY, OR MUNICIPALITY THAT CONVEYS STORMWA-
 TER AND  SANITARY WASTEWATER FROM RESIDENTIAL,  COMMERCIAL,  AND  INDUS-
 TRIAL SOURCES THROUGH A SINGLE-PIPE SYSTEM.
   5.  "COMBINED  SEWER  OVERFLOW"  MEANS  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.
   6. "STORMWATER MANAGEMENT" MEANS THE PLANNING,  DESIGN,  CONSTRUCTION,
 MAINTENANCE, IMPROVEMENT, ACQUISITION, OR OPERATION OF ANY PUBLIC SYSTEM
 OF  PRACTICES  OR INFRASTRUCTURE, INCLUDING GREEN INFRASTRUCTURE, WITHIN
 OR ON BEHALF OF A DISTRICT, WHICH CONVEYS, TREATS, OR STORES STORMWATER,
 INDUCES GROUNDWATER 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  ENVI-
 RONMENTAL, SOCIAL, OR ECONOMIC CONSEQUENCES CAUSED BY UNMANAGED STORMWA-
 TER RUNOFF. STORMWATER MANAGEMENT SHALL INCLUDE, WITHOUT LIMITATION: MS4
 COMPLIANCE;  ACTIONS REQUIRED TO COMPLY WITH A STATE POLLUTANT DISCHARGE
 ELIMINATION SYSTEM PERMIT ISSUED PURSUANT TO THIS ARTICLE 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 PURSUANT TO ANY FEDERAL OR STATE LAW,
 REGULATION, RULE, PERMIT, OR CONSENT DECREE.
   7. "STORMWATER FEE" MEANS 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  WATER  OR  SEWER
 AUTHORITY  OR  THE  LEGISLATIVE  BODY  OF  THE  SPONSORING MUNICIPALITY,
 INCLUDING BUT NOT LIMITED TO ANY COMBINATION OF THE  FOREGOING.  SUCH  A
 FEE  MAY  BE  ADJUSTED FOR THE CLASSIFICATION OR USE OF THE PROPERTY AND
 SHALL BE A FAIR AND  EQUITABLE  APPROXIMATION  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.
   8. "WATER OR SEWER AUTHORITY" MEANS ANY AUTHORITY CREATED PURSUANT  TO
 TITLE TWO-A, TWO-B, THREE, FOUR, FIVE, FIVE-A, SIX, SIX-A, SIX-B, SIX-C,
 SIX-D,  SEVEN,  SEVEN-A,  EIGHT,  EIGHT-A,  EIGHT-B,  EIGHT-C,  EIGHT-D,
 EIGHT-E, EIGHT-F, EIGHT-G, TEN, TEN-A, TEN-B, TEN-C, OR TEN-D, OF  ARTI-
 CLE  FIVE OF THE PUBLIC AUTHORITIES LAW, OR IN ANY OTHER CASE A LOCAL OR
 STATE PUBLIC BENEFIT CORPORATION WHOSE PURPOSE IS THE COLLECTION OF FEES
 FOR THE USE, MAINTENANCE, OPERATION, OR IMPROVEMENT OF SEWERAGE,  DRAIN-
 AGE,  OR  WATER  SYSTEMS WITHIN A DISTRICT; PROVIDED, HOWEVER, THAT THIS
 DEFINITION SHALL NOT APPLY TO ANY AUTHORITY CREATED  PURSUANT  TO  TITLE
 TWELVE OF ARTICLE FIVE OF THE PUBLIC AUTHORITIES LAW.
   9. "DISTRICT" MEANS THE AREA SERVICED BY A DRAINAGE FACILITY OR FACIL-
 ITIES,  A SEWERAGE FACILITY OR FACILITIES, A SEWERAGE SYSTEM OR SYSTEMS,
 OR A WATER FACILITY OR FACILITIES IN THE POSSESSION  OF,  OR  UNDER  THE
 JURISDICTION  AND CONTROL OF, A MUNICIPALITY, OR GROUP OF MUNICIPALITIES
 COOPERATING FOR THE PURPOSES  OF  A  JOINT  WATER,  SEWAGE  OR  DRAINAGE
 PROJECT,  AS  SUCH  TERM IS DEFINED IN SECTION ONE HUNDRED NINETEEN-N OF
 THE GENERAL MUNICIPAL LAW; OR THE AUTHORITY DISTRICT OF A WATER OR SEWER
 A. 4831                             3

 AUTHORITY  ESTABLISHED  BY  THE  LEGISLATURE  IN  ACCORDANCE  WITH   THE
 PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-SIX-C OF THE PUBLIC AUTHORI-
 TIES LAW.
   10. "MUNICIPALITY" MEANS ANY CITY, COUNTY, TOWN, VILLAGE, OR COUNTY OR
 TOWN ACTING ON BEHALF OF A DISTRICT.
   11.  "SEWAGE",  "SEWERAGE  SYSTEM",  "SEWERAGE  FACILITY",  AND "WATER
 FACILITY" MEANS THE SAME AS SUCH TERMS ARE  DEFINED  IN  SECTION  ELEVEN
 HUNDRED NINETY-SIX-D OF THE PUBLIC AUTHORITIES LAW.
   12.  "AGENCY"  MEANS  ANY  STATE  OFFICE,  PUBLIC BENEFIT CORPORATION,
 DEPARTMENT, BOARD, COMMISSION, BUREAU OR DIVISION, OR  OTHER  AGENCY  OR
 INSTRUMENTALITY OF THE STATE.
 § 17-2303. STORMWATER FEES AUTHORIZED.
   1.  ANY  WATER OR SEWER AUTHORITY OR MUNICIPALITY SHALL HAVE THE POWER
 TO DEVELOP AND IMPLEMENT A POLICY FOR THE COLLECTION OF STORMWATER FEES,
 AND TO CREATE CREDITS THAT MAY BE APPLIED THERETO BASED ON  BEHAVIOR  OR
 IMPROVEMENTS  THAT REDUCE, RETAIN, OR TREAT STORMWATER, PROVIDED THAT NO
 OTHER STORMWATER FEE IS LEVIED SIMULTANEOUSLY IN THE  DISTRICT  AND  THE
 COSTS OF STORMWATER MANAGEMENT ARE NOT SIMULTANEOUSLY FUNDED THROUGH ANY
 OTHER FEE, RATE, RENT OR SERVICE CHARGE IN THE DISTRICT.
   2.  SEPARATE,  PARTIAL,  AND NON-EXCLUSIVE CREDITS MAY BE CREATED FOR:
 (A) 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 MUNICIPALITY OR AUTHORITY; (B) THE
 INSTALLATION, OPERATION, AND MAINTENANCE OF  GREEN  INFRASTRUCTURE  THAT
 REDUCES,  RETAINS, OR TREATS STORMWATER ON-SITE AND WHICH IS APPROVED BY
 THE MUNICIPALITY OR AUTHORITY; OR (C) ANY COMBINATION OF PARAGRAPHS  (A)
 AND (B) OF THIS SUBDIVISION THAT EXCEEDS REQUIREMENTS THAT MAY BE APPLI-
 CABLE  UNDER  ANY LAW, RULE, OR REGULATION RELATED TO STORMWATER MANAGE-
 MENT, STORMWATER MANAGEMENT PLANS, OR STORMWATER CONTROL ORDINANCES.
   3. A POLICY IMPLEMENTED PURSUANT TO  THIS  TITLE  MAY  EXEMPT  CERTAIN
 HORTICULTURAL OR AGRICULTURAL PROPERTIES FROM SUCH FEES.
   4.  ALL  OF  THE  REVENUES  FROM  THE COLLECTION OF SUCH FEES SHALL BE
 RESERVED FOR STORMWATER MANAGEMENT WITHIN THE DISTRICT  OR  MUNICIPALITY
 AND  THE  RECOVERY  OF  THE COSTS INCURRED BY THE AUTHORITY'S OR MUNICI-
 PALITY'S STORMWATER MANAGEMENT PROGRAMS;  PROVIDED,  HOWEVER,  THAT  THE
 POLICY  SHALL  SET  ASIDE  A  SPECIFIC  PROPORTION  OF  REVENUE FROM THE
 COLLECTION OF SUCH  FEES  FOR  THE  DESIGN,  PLANNING,  CONSTRUCTION  OR
 INSTALLATION, AND MAINTENANCE OF GREEN INFRASTRUCTURE.
   5. A POLICY IMPLEMENTED PURSUANT TO THIS TITLE MAY DISCOUNT A STORMWA-
 TER FEE ON THE BASIS OF INCOME.
 § 17-2305. CONSTRUCTION.
   THIS  TITLE  SHALL  BE CONSTRUED IN CONJUNCTION AND HARMONY WITH TERMS
 AND PROVISIONS INCLUDED IN ARTICLE FIVE OF THE PUBLIC  AUTHORITIES  LAW,
 ARTICLE FOURTEEN-F OF THE GENERAL MUNICIPAL LAW, AND OTHER LAWS APPLICA-
 BLE  TO  REGULATION  OF DRAINAGE, SEWAGE, WATER POLLUTION, WATER SUPPLY,
 AND THE SURFACE WATERS OF THE STATE. NOTHING  CONTAINED  IN  THIS  TITLE
 SHALL  ABRIDGE  NOR  APPLY TO ANY BONA FIDE STORMWATER FEE POLICY IMPLE-
 MENTED PRIOR TO THE EFFECTIVE DATE OF THIS TITLE.
   § 2. This act shall take effect immediately.