S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5422
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 14, 2015
                                      ___________
       Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       AN ACT to enact the "New York state municipal separate stormwater  sewer
         system  mandate  relief  act  of  2015";  to enact the "New York state
         stormwater management financing act of 2015"; and to provide  for  the
         allocation  of  monies  received by the state from any settlement with
         Deutsche Bank (Subpart A);  to  direct  the  environmental  facilities
         corporation  to  provide  financial  assistance payments in support of
         municipal stormwater management projects (Subpart B)(Part A); to  make
         an  appropriation  for  the  purposes of the New York state stormwater
         management financing act of 2015 (Part B); to amend the public author-
         ities law, in relation to the drinking water  revolving  fund  of  the
         environmental  facilities corporation; to amend the state finance law,
         in relation to establishing the drinking water program management  and
         administration fund; and to repeal section 97-ddd of the state finance
         law  relating  to  the  drinking water program management and adminis-
         tration fund (Part C);  to  amend  the  soil  and  water  conservation
         districts  law,  the  town law, the administrative code of the city of
         New York and the general municipal law, in relation to state  aid  for
         watershed protection (Part D); to amend the environmental conservation
         law, in relation to requiring consideration of a municipality's finan-
         cial  capabilities and the affordability of control options when issu-
         ing permits for wet weather discharges from sanitary sewers; to  amend
         the public health law, in relation to eligibility for funding from the
         drinking  water  revolving  fund  (Part  E);  and to amend the general
         municipal law, the general city law, the county law  and  the  village
         law,  in  relation  to  the protection and restoration of groundwater,
         surface waters and drinking water quality (Part F)
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10713-03-5
       S. 5422                             2
    1    Section 1. Short title. This act may be known and be cited as the "New
    2  York state municipal separate stormwater sewer system mandate relief act
    3  of 2015".
    4    S 2. This act enacts into law major components of legislation relating
    5  to  municipal  separate  stormwater  sewer  system  mandate relief. Each
    6  component is wholly contained  within  a  Part  identified  as  Parts  A
    7  through  F.  The  effective date for each particular provision contained
    8  within such Part is set forth in the last  section  of  such  Part.  Any
    9  provision  in  any section contained within a Part, including the effec-
   10  tive date of the Part, which makes a reference to  a  section  "of  this
   11  act",  when  used in connection with that particular component, shall be
   12  deemed to mean and refer to the corresponding section  of  the  Part  in
   13  which  it  is  found.    Section four of this act sets forth the general
   14  effective date of this act.
   15                                   PART A
   16    Section 1. Short title.  This act may be known and  be  cited  as  the
   17  "New York state stormwater management financing act of 2015."
   18    S 2. This act enacts into law major components of legislation relating
   19  to  stormwater  management financing. Each component is wholly contained
   20  within a Subpart identified as Subpart A and B. The effective  date  for
   21  each  particular provision contained within such Subpart is set forth in
   22  the last section of such Subpart. Any provision in any section contained
   23  within a Subpart, including the effective date  of  the  Subpart,  which
   24  makes  a  reference  to a section "of this act", when used in connection
   25  with that particular component, shall be deemed to mean and refer to the
   26  corresponding section of the Subpart in which it is found. Section  four
   27  of this act sets forth the general effective date of this act.
   28                                  SUBPART A
   29    Section  1.  Notwithstanding any other provision of law, rule or regu-
   30  lation to the contrary, any  monies  received  by  the  state  from  any
   31  settlement  with Deutsche Bank shall be used to provide state assistance
   32  for a water project referred to in section 1045-b of the public authori-
   33  ties law or a non-agricultural nonpoint  source  abatement  and  control
   34  project referred to in section 17-1409 of the environmental conservation
   35  law.
   36    As  used in this section, the term "settlement revenue" shall mean the
   37  sum of all revenue received as a result of  civil  litigation  involving
   38  Deutsche Bank in state fiscal year 2015-2016.
   39    Such  monies  shall  be disbursed for payment of financial assistance,
   40  from funds appropriated for such purpose, to municipalities  in  support
   41  of  stormwater  management  projects  pursuant  to section 1285-m of the
   42  public authorities law or section 17-0709 of the environmental conserva-
   43  tion law, which, notwithstanding any  other  provision  of  law  to  the
   44  contrary,  shall  be  used for purposes to support stormwater management
   45  projects; provided that at least $600,000,000 shall  be  made  available
   46  from  the  settlement  revenue and shall be payable no later than ninety
   47  days after the effective date of this act, for the purpose of  providing
   48  financial assistance.
   49    S 2. This act shall take effect immediately.
   50                                  SUBPART B
       S. 5422                             3
    1    Section 1. For purposes of this act:
    2    a.  "Stormwater  management  project"  shall  mean a water project, as
    3  defined in section 1045-b of the public authorities law, or  a  nonpoint
    4  source  project  such  as stormwater management projects which otherwise
    5  meet the definition of a "nonpoint source abatement and control program"
    6  as defined in section 17-1403 of the environmental conservation law, and
    7  an "eligible project" as defined in paragraphs (a), (b), (c) and (e)  of
    8  subdivision 4 of section 1160 of the public health law.
    9    b. "Construction" shall mean:
   10    (1)  for  water  projects,  as defined in section 1045-b of the public
   11  authorities law; and
   12    (2) for eligible projects, as defined in section 1160  of  the  public
   13  health law.
   14    c. "Municipality" shall mean any county, city, town, village, district
   15  corporation, county or town improvement district, school district, Indi-
   16  an  nation  or tribe recognized by the state or the United States with a
   17  reservation wholly or partly within the boundaries  of  the  state,  any
   18  public  benefit  corporation or public authority established pursuant to
   19  state laws or any agency which is empowered to construct and  operate  a
   20  stormwater management project, or any two or more of the foregoing which
   21  are acting jointly in connection with a stormwater management project.
   22    S  2.  a. The environmental facilities corporation shall undertake and
   23  provide state financial assistance payments, from funds appropriated for
   24  such purpose, to municipalities  in  support  of  stormwater  management
   25  projects;  provided,  however, in any such year that funds are appropri-
   26  ated for such purpose, no  municipality  shall  receive  more  than  ten
   27  million  dollars  of  appropriated  funds  in a single fiscal year. Such
   28  state financial assistance payments shall be awarded only to  stormwater
   29  management projects for:
   30    (1)  SPDES upgrades, to assist existing sewage treatment works, public
   31  or private, to rehabilitate, replace or upgrade equipment that is  unre-
   32  liable,  failing  or nearing the end of its useful life and is necessary
   33  to the treatment process which allow  such  sewage  treatment  works  to
   34  reliably  meet  the  conditions  of  their  respective  state  pollutant
   35  discharge elimination system permits as defined in  section  17-0815  of
   36  the environmental conservation law;
   37    (2)  New infrastructure funds, to construct new sewage treatment works
   38  or  community  septic  systems  and  related  infrastructure,  including
   39  related  sewerage  collection  systems,  or  to  create  and fund septic
   40  districts in areas of  existing  development,  to  address  existing  or
   41  anticipated water quality problems;
   42    (3)  Sewer  extensions, to construct extensions to sewerage collection
   43  systems, community septic systems and related infrastructure,  in  areas
   44  of existing concern;
   45    (4)  Stormwater retrofits, to design, permit, construct, implement and
   46  maintain stormwater best management practices to address existing storm-
   47  water runoff in concentrated areas of impervious surfaces to the  extent
   48  such  practices  are  necessary  to  correct  or reduce existing erosion
   49  and/or pollutant loadings;
   50    (5) Sand and salt storage facilities, to improve the storage of  sand,
   51  salt  and  other  road  de-icing materials so as to better protect water
   52  quality and to assist local governments in complying with the  watershed
   53  regulations;
   54    (6)  Stream  corridor  protection,  to  pay  the  costs  of designing,
   55  constructing and implementing stream corridor protection  projects  such
   56  as streambank stabilizations and fish habitat;
       S. 5422                             4
    1    (7)  Water  quality  projects,  provided that such measures constitute
    2  water projects as defined in section 1045-b of  the  public  authorities
    3  law;
    4    (8)  Rehabilitation  or  replacement  of  subsurface  sewage treatment
    5  systems that are failing or likely to fail soon or are  in  areas  which
    6  exhibit  concentrations of failing or soon-to-be-failing septic systems,
    7  including pump-outs and to determine whether rehabilitation or  replace-
    8  ment is appropriate; and
    9    (9)  Sewerage  collection systems or extensions to sewerage collection
   10  systems to the extent necessary to serve areas  with  concentrations  of
   11  failing  or soon-to-be-failing treatment systems constructed on inappro-
   12  priate sites from a water quality perspective such as undersized lots in
   13  lakefront communities adjacent to lakes or  reservoirs,  or  to  combine
   14  sewage  flows  currently  treated  at  two  or more wastewater treatment
   15  plants  and  expansions  of  existing  wastewater  treatment  plants  or
   16  construction of new wastewater treatment plants necessary to accommodate
   17  the additional flow resulting from such sewering.
   18    b.  A  municipality  may  make an application for such state financial
   19  assistance payment, in a manner, form and timeframe, and containing such
   20  information as the environmental  facilities  corporation  may  require;
   21  provided  however, such requirements shall not include a requirement for
   22  prior listing on the intended use plan.
   23    c. A municipality shall not be required to accept environmental facil-
   24  ities corporation loan financing in order to obtain  a  state  financial
   25  assistance  payment  pursuant  to  this  act  if it can provide proof of
   26  having obtained similarly low  cost  financing  or  other  funding  from
   27  another source.
   28    S 2. This act shall take effect immediately.
   29    S  3.  Severability.  If  any clause, sentence, paragraph, section, or
   30  part of this act shall be adjudged by any court of  competent  jurisdic-
   31  tion to be invalid, such judgment shall not affect, impair or invalidate
   32  the  remainder  thereof,  but  shall be confined in its operation to the
   33  clause, sentence, paragraph, section, or part thereof  involved  in  the
   34  controversy in which such judgment shall have been rendered.
   35    S  4.  This act shall take effect immediately; provided, however, that
   36  the applicable effective date of Subparts A and B of this act  shall  be
   37  as specifically set forth in the last section of such Subparts.
   38                                   PART B
   39    Section  1.  The sum of six hundred million dollars ($600,000,000), or
   40  so much thereof as may be  necessary,  is  hereby  appropriated  to  the
   41  department  of  environmental  conservation from any moneys in the state
   42  treasury in the general fund to the credit  of  the  aid  to  localities
   43  account  not otherwise appropriated for the purposes of carrying out the
   44  provisions of the New York state stormwater management financing act  of
   45  2015.  Up  to two hundred million dollars ($200,000,000) shall be avail-
   46  able from this appropriation in state fiscal  year  2015-16,  up  to  an
   47  additional two hundred million dollars ($200,000,000) shall be available
   48  in  state  fiscal  year  2016-17,  and  up  to an additional two hundred
   49  million dollars ($200,000,000) shall be available in state  fiscal  year
   50  2017-18.  All  or  a portion of such funds may be suballocated or trans-
   51  ferred to the environmental facilities corporation,  the  department  of
   52  health,  the  department  of  state  or  the soil and water conservation
   53  committee provided that the amount suballocated or transferred  is  used
   54  for  the purposes of financing stormwater management projects.  Such sum
       S. 5422                             5
    1  shall be payable on the audit and warrant of the  state  comptroller  on
    2  vouchers  certified  or  approved  by  the commissioner of environmental
    3  conservation, or his or her duly designated representative in the manner
    4  provided  by  law.  No expenditure shall be made from this appropriation
    5  until a certificate of approval of availability shall have  been  issued
    6  by the director of the budget and filed with the state comptroller and a
    7  copy  filed  with  the  chairman of the senate finance committee and the
    8  chairman of the assembly ways and means committee. Such certificate  may
    9  be amended from time to time by the director of the budget and a copy of
   10  each  such  amendment  shall  be  filed  with the state comptroller, the
   11  chairman of the senate finance committee and the chairman of the  assem-
   12  bly ways and means committee.
   13    S 2. This act shall take effect immediately.
   14                                   PART C
   15    Section  1.  Paragraphs (e) and (f) of subdivision 3 of section 1285-m
   16  of the public authorities law, as added by chapter 413 of  the  laws  of
   17  1996, are amended and a new paragraph (g) is added to read as follows:
   18    (e) investment earnings on amounts in such fund; [and]
   19    (f)  the  proceeds  of  bonds  or  notes issued by the corporation for
   20  purposes of providing financial assistance to recipients[.]; AND
   21    (G) MONEYS APPROPRIATED PURSUANT TO  THE  NEW  YORK  STATE  STORMWATER
   22  MANAGEMENT FINANCING ACT OF TWO THOUSAND FIFTEEN.
   23    S  2. Section 97-ddd of the state finance law, as added by chapter 432
   24  of the laws of 1997, is REPEALED and a new section 99-x is added to read
   25  as follows:
   26    S 99-X. DRINKING WATER PROGRAM MANAGEMENT AND ADMINISTRATION FUND.  1.
   27  THERE IS HEREBY ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMP-
   28  TROLLER  AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN
   29  AS THE "DRINKING WATER PROGRAM MANAGEMENT AND ADMINISTRATION FUND".
   30    2. THE DRINKING WATER PROGRAM MANAGEMENT AND ADMINISTRATION  FUND  MAY
   31  CONSIST  OF  (A)  ALL  MONEYS TRANSFERRED TO THE STATE FROM THE DRINKING
   32  WATER REVOLVING FUND PURSUANT TO SECTION TWELVE HUNDRED EIGHTY-FIVE-M OF
   33  THE PUBLIC AUTHORITIES LAW, (B) ALL OR A PORTION OF MONEYS  MADE  AVAIL-
   34  ABLE  TO  THE STATE FOR PURPOSES OF ADMINISTERING AND MANAGING FINANCIAL
   35  ASSISTANCE PROVIDED TO RECIPIENTS FROM THE DRINKING WATER REVOLVING FUND
   36  PURSUANT TO THE FEDERAL SAFE DRINKING WATER ACT, (C) MONEYS APPROPRIATED
   37  PURSUANT TO THE NEW YORK STATE STORMWATER MANAGEMENT  FINANCING  ACT  OF
   38  TWO  THOUSAND  FIFTEEN; AND (D) ALL OTHER MONEYS CREDITED OR TRANSFERRED
   39  THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   40    3. MONEYS IN THE DRINKING WATER PROGRAM MANAGEMENT AND  ADMINISTRATION
   41  FUND  SHALL BE KEPT SEPARATELY FROM AND SHALL NOT BE COMMINGLED WITH ANY
   42  OTHER MONEYS IN THE CUSTODY OF THE STATE COMPTROLLER.
   43    4. MONEYS IN THE FUND, FOLLOWING APPROPRIATION, MAY BE USED,  FOR  THE
   44  PURPOSE  OF  PAYING  ALL  COSTS OF THE DEPARTMENT OF HEALTH AND NEW YORK
   45  STATE ENVIRONMENTAL FACILITIES CORPORATION FOR MANAGEMENT  AND  ADMINIS-
   46  TRATION OF THE DRINKING WATER PROGRAM ESTABLISHED BY TITLE FOUR OF ARTI-
   47  CLE  ELEVEN  OF THE PUBLIC HEALTH LAW, THE DRINKING WATER REVOLVING FUND
   48  ESTABLISHED BY  SECTION  TWELVE  HUNDRED  EIGHTY-FIVE-M  OF  THE  PUBLIC
   49  AUTHORITIES  LAW  AND  THE  NEW YORK STATE MUNICIPAL SEPARATE STORMWATER
   50  SEWER SYSTEM MANDATE RELIEF ACT OF TWO THOUSAND FIFTEEN.
   51    S 3. This act shall take effect immediately.
   52                                   PART D
       S. 5422                             6
    1    Section 1. Subdivision 1 of section 11-a of the soil and water conser-
    2  vation districts law is amended by adding a new paragraph (d) to read as
    3  follows:
    4    (D)  WITHIN  AMOUNTS  AVAILABLE,  PROVIDE FINANCIAL ASSISTANCE TO EACH
    5  SOIL AND  WATER  CONSERVATION  DISTRICT,  IN  ADDITION  TO  THE  AMOUNTS
    6  PROVIDED  UNDER PARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVISION, FOR THE
    7  PURPOSES OF CARRYING OUT PROJECTS IDENTIFIED PURSUANT TO  THE  NEW  YORK
    8  STATE STORMWATER MANAGEMENT FINANCING ACT OF TWO THOUSAND FIFTEEN.
    9    S  2.  Subdivision  10-g  of  section 198 of the town law, as added by
   10  chapter 378 of the laws of 2012, is amended to read as follows:
   11    10-g. Watershed protection improvement  district.  After  a  watershed
   12  protection improvement district has been established, the town board may
   13  take  such  action  as may be required to adopt plans and specifications
   14  and enter into a contract or contracts, APPLY FOR FUNDING UNDER THE  NEW
   15  YORK  STATE STORMWATER MANAGEMENT FINANCING ACT OF TWO THOUSAND FIFTEEN,
   16  or take such other actions as may be required, for  the  protection  and
   17  restoration  of  groundwater, surface waters, and drinking water quality
   18  as it may deem to be necessary or desirable, including but  not  limited
   19  to stormwater treatment projects and wetland construction.
   20    S 3. Subdivision a of section 24-501 of the administrative code of the
   21  city  of  New  York  is  amended  by adding a new paragraph 4 to read as
   22  follows:
   23    4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY  STORMWA-
   24  TER  MANAGEMENT  PROJECT  ASSESSED  BY THE COMMISSIONER OF ENVIRONMENTAL
   25  PROTECTION TO PROTECT THE WATER SUPPLY OF THE CITY  OF  NEW  YORK  UNDER
   26  THIS SECTION SHALL BE DEEMED (A) A PRIORITY UNDER SECTION ELEVEN HUNDRED
   27  SIXTY-ONE  OF  THE  PUBLIC HEALTH LAW; (B) TO MEET THE HARDSHIP CRITERIA
   28  ESTABLISHED BY THE  ENVIRONMENTAL  FACILITIES  CORPORATION  PURSUANT  TO
   29  SECTION  TWELVE HUNDRED EIGHTY-FIVE-M OF THE PUBLIC AUTHORITIES LAW; AND
   30  (C) ELIGIBLE FOR FUNDING PURSUANT  TO  THE  NEW  YORK  STATE  STORMWATER
   31  MANAGEMENT FINANCING ACT OF TWO THOUSAND FIFTEEN.
   32    S  4.  Section 119-c of the general municipal law, as added by chapter
   33  346 of the laws of 1955, is amended to read as follows:
   34    S 119-c. Construction and development of excess  drainage  facilities.
   35  Any  city,  town  or  village, any county on behalf of a county drainage
   36  district and any town on behalf of a  town  drainage  district  may,  in
   37  addition  to all other powers possessed with respect to the construction
   38  and development of drainage facilities, provide for the construction and
   39  development of capacity in excess of its own needs for  the  purpose  of
   40  conveying and disposing of storm waters and other surface or sub-surface
   41  waters  collected by another public corporation or improvement district,
   42  and, any provision of law to the contrary notwithstanding, may  contract
   43  indebtedness  for  such purpose, OR APPLY FOR FUNDING UNDER THE NEW YORK
   44  STATE STORMWATER MANAGEMENT FINANCING ACT OF TWO THOUSAND FIFTEEN.   The
   45  term  "public  corporation"  as used in this article shall mean a public
   46  corporation as defined in the general corporations law.
   47    S 5. Severability. If any clause,  sentence,  paragraph,  section,  or
   48  part  of  this act shall be adjudged by any court of competent jurisdic-
   49  tion to be invalid, such judgment shall not affect, impair or invalidate
   50  the remainder thereof, but shall be confined in  its  operation  to  the
   51  clause,  sentence,  paragraph,  section, or part thereof involved in the
   52  controversy in which such judgment shall have been rendered.
   53    S 6. This act shall take effect immediately.
   54                                   PART E
       S. 5422                             7
    1    Section 1. The environmental conservation law is amended by  adding  a
    2  new section 17-0709 to read as follows:
    3  S 17-0709. FACTORS   FOR  THE  COMMISSIONER  TO  CONSIDER  WHEN  ISSUING
    4               PERMITS.
    5    THE COMMISSIONER OR HIS OR HER DESIGNATED REPRESENTATIVE SHALL CONSID-
    6  ER THE FOLLOWING, TO THE EXTENT ALLOWABLE UNDER  THIS  CHAPTER  AND  THE
    7  FEDERAL  WATER POLLUTION CONTROL ACT, FOR ALL PERMITS ISSUED PURSUANT TO
    8  THIS CHAPTER FOR ANY DISCHARGES CONSISTING OF COMBINED SEWER  OVERFLOWS,
    9  REQUIRING   AND  APPROVING  LONG-TERM  CONTROL  PLANS  FOR  WET  WEATHER
   10  DISCHARGES FROM COMBINED OR SEPARATE SANITARY SEWER SYSTEMS, OR  ENFORC-
   11  ING  PROVISIONS  OF THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. S
   12  1251 ET SEQ.:
   13    1. LIMITATIONS ON A MUNICIPALITY'S FINANCIAL CAPABILITIES AND  ABILITY
   14  TO RAISE OR SECURE NECESSARY FUNDING;
   15    2. AFFORDABILITY OF CONTROL OPTIONS;
   16    3.  AN  EVALUATION  OF  THE EFFECTIVENESS AND AFFORDABILITY OF CONTROL
   17  TECHNOLOGIES;
   18    4. PROMOTION OF GREEN INFRASTRUCTURE;
   19    5. REDUCING ECONOMIC IMPACTS ON REGULATED ENTITIES,  OTHER  STATE  AND
   20  LOCAL GOVERNMENTAL ENTITIES, AND RESIDENTS;
   21    6.  ALLOWING  FOR REASONABLE ACCOMMODATIONS FOR REGULATED ENTITIES AND
   22  OTHER STATE AND LOCAL GOVERNMENTAL ENTITIES  WHEN  INFLEXIBLE  STANDARDS
   23  AND FINES WOULD IMPOSE A DISPROPORTIONATE FINANCIAL HARDSHIP IN LIGHT OF
   24  THE ENVIRONMENTAL BENEFITS TO BE GAINED;
   25    7.  GIVING  PREFERENCE,  WHERE  PROPOSED  BY  A  PERMITTEE, TO CONTROL
   26  OPTIONS THAT MEET PRESUMPTION APPROACH PERFORMANCE CRITERIA  AND  DEMON-
   27  STRATE  SIGNIFICANT  POLLUTION  REDUCTION RATHER THAN MANDATING SPECIFIC
   28  DESIGNS;
   29    8. ALLOWING ADEQUATE TIME AND FLEXIBILITY FOR IMPLEMENTATION SCHEDULES
   30  WHEN JUSTIFIED BY A CLEAR ENVIRONMENTAL BENEFIT, A  COMMUNITY'S  ABILITY
   31  TO RAISE OR SECURE ADEQUATE FUNDS, AN ANALYSIS CONCLUDING THAT THE COSTS
   32  OF  A  SHORTER  IMPLEMENTATION  SCHEDULE OUTWEIGH THE BENEFITS OF FASTER
   33  IMPLEMENTATION, OR OTHER FACTORS; AND
   34    9. THE FACTORS SET FORTH IN THE UNITED STATES ENVIRONMENTAL PROTECTION
   35  AGENCY'S "COMBINED SEWER OVERFLOW CONTROL POLICY" THAT MAY EASE THE COST
   36  BURDENS OF IMPLEMENTING  LONG-TERM  CONTROL  PLANS,  INCLUDING  BUT  NOT
   37  LIMITED TO SMALL SYSTEM CONSIDERATIONS, THE ATTAINABILITY OF WATER QUAL-
   38  ITY STANDARDS, AND THE DEVELOPMENT OF WET WEATHER STANDARDS.
   39    S  2. Section 1161 of the public health law, as amended by chapter 355
   40  of the laws of 2014, is amended to read as follows:
   41    S 1161. Eligible projects; priority ranking. Subject to the provisions
   42  of section thirty-two of [the] chapter FOUR HUNDRED THIRTEEN of the laws
   43  of 1996 [which added this section], in consultation with the commission-
   44  er of environmental conservation, the commissioner shall  establish  and
   45  maintain  a  list  of potentially eligible projects and shall establish,
   46  pursuant to rules and regulations, a  process  for  listing  potentially
   47  eligible  projects  identified  by  potential  recipients and a priority
   48  ranking system for the purpose  of  providing  financial  assistance  to
   49  recipients  for  such  projects  under  this title. In establishing such
   50  system, the commissioner shall  take  into  account  the  public  health
   51  significance  of such potentially eligible projects which shall include,
   52  but need not be limited to, an assessment of (i) public health and safe-
   53  ty; (ii) population affected; (iii) attainment of state  drinking  water
   54  quality  goals  and  standards; (iv) taking into consideration the water
   55  resources management strategy pursuant to title twenty-nine  of  article
   56  fifteen of the environmental conservation law; (v) taking into consider-
       S. 5422                             8
    1  ation  future  physical climate risk due to sea level rise, and/or storm
    2  surges and/or flooding, based on available data predicting  the  likeli-
    3  hood  of  future  extreme weather events, including hazard risk analysis
    4  data  if  applicable;  [and]  (vi) STORMWATER BEST MANAGEMENT PRACTICES,
    5  INCLUDING SOURCE AND NONPOINT SOURCE CONTROL MEASURES,  THEIR  TECHNICAL
    6  AND ENVIRONMENTAL FEASIBILITY, BENEFITS, COSTS AND COST-EFFECTIVENESS, A
    7  MUNICIPALITY'S  ABILITY TO PAY AND THE AFFORDABILITY OF CONTROL OPTIONS;
    8  AND (VII) compliance with state and federal law, rules and regulations.
    9    S 3. This act shall take effect immediately.
   10                                   PART F
   11    Section 1. Section 119-o of the general municipal law  is  amended  by
   12  adding a new subdivision 4 to read as follows:
   13    4. FOR THE PURPOSES OF THIS SECTION, A JOINT WATER, SEWAGE OR DRAINAGE
   14  PROJECT  SHALL  INCLUDE  ANY STORMWATER MANAGEMENT PROJECT AS DEFINED IN
   15  SUBDIVISION A OF SECTION ONE OF SUBPART B OF THE NEW YORK STATE STORMWA-
   16  TER FINANCING ACT OF TWO THOUSAND FIFTEEN.
   17    S 2. Section 20 of the general city law is amended  by  adding  a  new
   18  subdivision 8-b to read as follows:
   19    S 8-B. TO ADOPT A LOCAL LAW OR ORDINANCE OR TAKE SUCH ACTION AS MAY BE
   20  REQUIRED  TO ADOPT PLANS AND SPECIFICATIONS AND ENTER INTO A CONTRACT OR
   21  CONTRACTS, APPLY FOR FUNDING UNDER THE NEW YORK STATE STORMWATER MANAGE-
   22  MENT FINANCING ACT OF TWO THOUSAND FIFTEEN, OR TAKE SUCH  OTHER  ACTIONS
   23  AS  MAY  BE REQUIRED, FOR THE PROTECTION AND RESTORATION OF GROUNDWATER,
   24  SURFACE WATERS AND DRINKING WATER QUALITY AS IT MAY DEEM TO BE NECESSARY
   25  OR DESIRABLE, INCLUDING BUT NOT LIMITED TO STORMWATER TREATMENT PROJECTS
   26  AND WETLAND CONSTRUCTION.
   27    S 3. Section 250 of the county law, as amended by chapter 388  of  the
   28  laws  of  1980,  the  opening paragraph as amended by chapter 620 of the
   29  laws of 1996, subdivision 1-a as amended by section  73  of  part  A  of
   30  chapter  58 of the laws of 2010, subdivision 4-a as added by chapter 761
   31  of the laws of 1981, subdivision 6 as amended by chapter 622 of the laws
   32  of 1984, and subdivision 8 as amended by chapter  184  of  the  laws  of
   33  1981, is amended to read as follows:
   34    S 250. Purpose. The board of supervisors of each county may establish,
   35  consolidate,  or  extend  county  water, water quality treatment, sewer,
   36  wastewater disposal, drainage, STORMWATER UTILITY, or  refuse  districts
   37  (hereinafter  referred  to  in  this  article  as the "district") in the
   38  manner hereinafter provided:
   39    1. For the purpose of developing or acquiring a supply  of  water  for
   40  (a)   wholesale  distribution  to  other  municipalities,  districts  or
   41  persons, corporate or otherwise, within the county water  district,  (b)
   42  retail  distribution,  except  as hereinafter provided, or (c) both such
   43  wholesale and retail distribution;
   44    1-a. For the purpose of (a) procuring  by  purchase,  lease  or  other
   45  means  and  installing  water  quality  treatment  units  or devices, if
   46  required; providing periodic testing and monitoring of raw and  finished
   47  water from private wells in the district; monitoring, modifying, repair-
   48  ing,  replacing,  operation  and maintenance, regenerating water quality
   49  treatment units and devices and the administering of the  treatment  and
   50  disposal  of residuals generated in the operation of the district pursu-
   51  ant to rules and regulations adopted by the  public  health  and  health
   52  planning  council  under  section  two hundred twenty-five of the public
   53  health law; (b) assisting local, state and federal  agencies  and  offi-
   54  cials in efforts to establish causes of, and implement remedial measures
       S. 5422                             9
    1  to  reduce water contamination and protect future water resources within
    2  the district; (c) conduct public meetings and  issue  an  annual  public
    3  report  to  members of the district on the operation, financial position
    4  and  water  quality  condition of said district; provided, however, that
    5  with respect to any town in the county the board  of  supervisors  shall
    6  first determine that such district or service will not be established or
    7  provided by such town.
    8    2. For the purpose of (a) the conveyance from other municipalities and
    9  districts within the county of sewage, and treatment and disposal there-
   10  of,  (b)  collection,  except  as hereinafter provided, or (c) both such
   11  conveyance and such collection;
   12    3. For the purpose of administration and  planning  (including  educa-
   13  tional  programs),  design,  installation, construction, rehabilitation,
   14  replacement,  operation   and   maintenance   (including   pumping   and
   15  inspections), monitoring, residual treatment and disposal and regulation
   16  of private on-site wastewater disposal systems of such district;
   17    4. For the purpose of drainage of storm water and other waters, either
   18  surface or subsurface, within the county;
   19    4-a.  For the purpose of effecting lake protection and rehabilitation,
   20  and any activities necessarily related thereto.
   21    5. For the purpose of  the  collection  and  disposition  of  garbage,
   22  ashes, rubbish and other waste matter within the county.
   23    5-A. FOR THE PURPOSE OF THE PROTECTION AND RESTORATION OF GROUNDWATER,
   24  SURFACE  WATERS  AND  DRINKING  WATER  QUALITY AS IT MAY BE DEEMED TO BE
   25  NECESSARY OR DESIRABLE, INCLUDING BUT NOT LIMITED TO  STORMWATER  TREAT-
   26  MENT PROJECTS AND WETLAND CONSTRUCTION.
   27    6.  A county district established hereunder may consist of two or more
   28  noncontiguous areas in which  the  water,  sewer,  wastewater  disposal,
   29  drainage  or  refuse  system (hereinafter referred to in this article as
   30  the "system") will  be  interrelated  and  interdependent,  however,  in
   31  Suffolk  county  the  term  "interrelated  and  interdependent" shall be
   32  deemed to mean that the noncontiguous areas must be  within  the  county
   33  and  have  the same administrative head. However, a water quality treat-
   34  ment district established hereunder  may  consist  of  noncontiguous  or
   35  contiguous  benefited  parcels  of  property  and  shall be created by a
   36  resolution of the county board of supervisors,  upon  petition  after  a
   37  public hearing.
   38    7. Except in the county of Suffolk, no county district shall be estab-
   39  lished  hereunder  which  shall  consist  wholly of territory within one
   40  city, within one village or within that portion of one town outside of a
   41  village.
   42    8. Notwithstanding any other provision of law  a  sewer  district  may
   43  also  exercise  all  the powers of a wastewater disposal district if the
   44  map and plan prepared pursuant to section  two  hundred  fifty-three  of
   45  this  [chapter]  ARTICLE,  or  amended  pursuant  to section two hundred
   46  fifty-three-b of this [chapter]  ARTICLE,  includes  on-site  wastewater
   47  disposal systems.
   48    S  4.  Paragraphs (d) and (e) of subdivision 4 of section 7-741 of the
   49  village law, as amended by chapter 242 of the laws of 1993, are  amended
   50  and a new paragraph (f) is added to read as follows:
   51    (d)  provide  for  a  land  use administration and enforcement program
   52  which may replace individual land  use  administration  and  enforcement
   53  programs,  if  any, the terms and conditions of which shall be set forth
   54  in such agreement; [and]
       S. 5422                            10
    1    (e) create an intermunicipal  overlay  district  for  the  purpose  of
    2  protecting,  enhancing  or developing community resources that encompass
    3  two or more municipalities[.]; AND
    4    (F)  CREATE AN INTERMUNICIPAL WATERSHED IMPROVEMENT DISTRICT AND ENTER
    5  INTO A CONTRACT OR CONTRACTS, APPLY FOR FUNDING UNDER THE NEW YORK STATE
    6  STORMWATER MANAGEMENT FINANCING ACT OF 2015, OR TAKE SUCH OTHER  ACTIONS
    7  AS  MAY  BE REQUIRED, FOR THE PROTECTION AND RESTORATION OF GROUNDWATER,
    8  SURFACE WATERS, AND DRINKING WATER QUALITY AS IT MAY DEEM TO  BE  NECES-
    9  SARY  OR  DESIRABLE,  INCLUDING  BUT NOT LIMITED TO STORMWATER TREATMENT
   10  PROJECTS THAT ENCOMPASS TWO OR MORE MUNICIPALITIES.
   11    S 5. Severability. If any clause,  sentence,  paragraph,  section,  or
   12  part  of  this act shall be adjudged by any court of competent jurisdic-
   13  tion to be invalid, such judgment shall not affect, impair or invalidate
   14  the remainder thereof, but shall be confined in  its  operation  to  the
   15  clause,  sentence,  paragraph,  section, or part thereof involved in the
   16  controversy in which such judgment shall have been rendered.
   17    S 6. This act shall take effect immediately.
   18    S 3. Severability. If any clause,  sentence,  paragraph,  section,  or
   19  part  of  this act shall be adjudged by any court of competent jurisdic-
   20  tion to be invalid, such judgment shall not affect, impair or invalidate
   21  the remainder thereof, but shall be confined in  its  operation  to  the
   22  clause,  sentence,  paragraph,  section, or part thereof involved in the
   23  controversy in which such judgment shall have been rendered.
   24    S 4. This act shall take effect immediately  provided,  however,  that
   25  the  applicable effective date of Parts A through F of this act shall be
   26  as specifically set forth in the last section of such parts.