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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S04071 Summary: BILL NO S04071B &nbsp SAME AS SAME AS A07467-B

&nbsp SPONSOR MAY &nbsp COSPNSR BOTTCHER, BRISPORT, CLEARE, COMRIE, FAHY, FERNANDEZ, HARCKHAM, KAVANAGH, KRUEGER, LIU, MARTINS, MATTERA, MAYER, MURRAY, MYRIE, PALUMBO, RAMOS, ROLISON, SALAZAR, SANDERS, SERRANO, SKOUFIS &nbsp MLTSPNSR &nbsp Amd Pub Auth L, generally &nbsp Includes stormwater in the definition of sewage for purposes of certain water, sewer, and water and sewer authorities; defines stormwater.

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STATE OF NEW YORK ________________________________________________________________________

4071--B Cal. No. 123

2025-2026 Regular Sessions

IN SENATE

January 31, 2025 ___________

Introduced by Sens. MAY, BOTTCHER, BRISPORT, CLEARE, COMRIE, FAHY, FERNANDEZ, HARCKHAM, KAVANAGH, KRUEGER, LIU, MAYER, MURRAY, MYRIE, PALUMBO, RAMOS, ROLISON, SALAZAR, SANDERS, SERRANO, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions -- recommitted to the Committee on Corporations, Authorities and Commissions in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading

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:

1 Section 1. Subdivisions 12, 13 and 14 of section 1045-b of the public 2 authorities law, as added by chapter 513 of the laws of 1984, are 3 amended to read as follows: 4 12. "Sewage" shall mean the water-carried human or animal wastes from 5 residences, buildings, industrial establishments or other places, 6 together with such groundwater infiltration , stormwater, and surface 7 water as may be present. The admixture with sewage of industrial or 8 other waste also shall be considered "sewage" within the meaning of this 9 title. 10 13. "Sewerage facility" or "sewerage facilities" shall mean any 11 plants, structures and other real and personal property acquired, reha- 12 bilitated or constructed or planned for the purpose of collecting, 13 conveying, treating and disposing of stormwater or sewage, including 14 main, trunk, intercepting, connecting, lateral, outlet or other sewers, 15 outfall, pumping stations, treatment and disposal plants, groundwater

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08685-06-6

S. 4071--B 2

1 recharge basins, back-flow prevention devices, sludge dewatering or 2 disposal equipment and facilities, clarifiers, filters, phosphorous 3 removal equipment, and other plants, structures, equipment, vehicles, 4 conveyances, real or personal property or rights therein and appurte- 5 nances thereto necessary or useful and convenient for the collection, 6 conveyance, pumping, treatment, neutralizing, storing and disposing of 7 stormwater or sewage. 8 14. "Sewerage system" shall mean the [ sewage ] system or systems for 9 the collection, conveyance, pumping, treatment neutralizing, storage and 10 disposal [ system or systems ] of sewage or stormwater in the possession 11 of, or under the jurisdiction and control of, the city or the water 12 board, including all additions, increases, enlargements, extensions or 13 improvements thereto. 14 § 2. Subdivisions 17, 18, 19, 20 and 21 of section 1045-b of the 15 public authorities law are renumbered subdivisions 18, 19, 20, 21 and 22 16 and a new subdivision 17 is added to read as follows: 17 17. "Stormwater" shall mean a flow of water occurring on the ground or 18 other surface from rain or meltwater that is not absorbed by the soil or 19 other surface. 20 § 3. Subdivisions 19 and 21 of section 1115-a of the public authori- 21 ties law, as amended by chapter 403 of the laws of 1987, are amended to 22 read as follows: 23 19. "Sewage" shall mean the water-carried human or animal wastes from 24 residences, buildings, industrial establishments or other places, 25 together with such groundwater infiltration , stormwater, and surface 26 water as may be present. The admixture with sewage of industrial or 27 other waste also shall be considered "sewage" within the meaning of this 28 title. 29 21. "Sewerage system" shall mean the [ sewage ] system or systems for 30 the collection, conveyance, pumping, treatment, neutralizing, storage 31 and disposal [ system or systems ] of sewage or stormwater owned by, in 32 the possession of, or under the jurisdiction and control of the city or 33 the water board, including all additions, increases, enlargements, 34 extensions or improvements thereto. 35 § 4. Subdivisions 24, 25 and 26 of section 1115-a of the public 36 authorities law are renumbered subdivisions 25, 26 and 27 and a new 37 subdivision 24 is added to read as follows: 38 24. "Stormwater" shall mean a flow of water occurring on the ground or 39 other surface from rain or meltwater that is not absorbed by the soil or 40 other surface. 41 § 5. Subdivision 17 of section 1122 of the public authorities law, as 42 added by chapter 595 of the laws of 1991, is amended to read as follows: 43 17. "Sewerage" means the water-carried human or animal wastes from 44 residences, buildings, industrial establishments or other places, 45 together with such groundwater infiltration , stormwater, and surface 46 water as may be present. The admixture with sewage of industrial or 47 other wastes also shall be considered "sewage" within the meaning of 48 this title. 49 § 6. Subdivisions 22, 23, 24, 25, 26, 27, 28 and 29 of section 1122 of 50 the public authorities law, as added by chapter 595 of the laws of 1991, 51 are renumbered subdivisions 23, 24, 25, 26, 27, 28, 29 and 30 and a new 52 subdivision 22 is added to read as follows: 53 22. "Stormwater" means a flow of water occurring on the ground or 54 other surface from rain or meltwater that is not absorbed by the soil or 55 other surface.

S. 4071--B 3

1 § 7. Subdivision 18 of section 1122 of the public authorities law, as 2 added by chapter 592 of the laws of 1991, is amended to read as follows: 3 18. "Sewage" means the water-carried human or animal wastes from resi- 4 dences, buildings, industrial establishments or other places, together 5 with such groundwater infiltration , stormwater, and surface water as may 6 be present. The admixture with sewage of industrial or other waste also 7 shall be considered "sewage" within the meaning of this title. 8 § 8. Subdivisions 22, 23 and 24 of section 1122 of the public authori- 9 ties law, as added by chapter 592 of the laws of 1991, are renumbered 10 subdivisions 23, 24, and 25 and a new subdivision 22 is added to read as 11 follows: 12 22. "Stormwater" means a flow of water occurring on the ground or 13 other surface from rain or meltwater that is not absorbed by the soil or 14 other surface. 15 § 9. Subdivisions 16, 17 and 18 of section 1147-a of the public 16 authorities law are renumbered subdivisions 17, 18 and 19 and a new 17 subdivision 16 is added to read as follows: 18 16. "Sewage" shall mean the water-carried human or animal wastes from 19 residences, buildings, industrial establishments or other places, 20 together with such groundwater infiltration, stormwater, and surface 21 water as may be present. The admixture with sewage of industrial or 22 other waste also shall be considered "sewage" within the meaning of this 23 title. 24 § 10. Subdivisions 19 and 20 of section 1147-a of the public authori- 25 ties law are renumbered subdivisions 21 and 22 and a new subdivision 20 26 is added to read as follows: 27 20. "Stormwater" shall mean a flow of water occurring on the ground or 28 other surface from rain or meltwater that is not absorbed by the soil or 29 other surface. 30 § 11. Subdivisions 24 and 25 of section 1176 of the public authorities 31 law are renumbered subdivisions 25 and 26 and a new subdivision 24 is 32 added to read as follows: 33 24. The term "stormwater" shall mean a flow of water occurring on the 34 ground or other surface from rain or meltwater that is not absorbed by 35 the soil or other surface. 36 § 12. Subdivisions 12 and 14 of section 1196-b of the public authori- 37 ties law, as added by chapter 510 of the laws of 1984, are amended to 38 read as follows: 39 12. "Sewage" shall mean the water-carried human or animal wastes from 40 residences, buildings, industrial establishments or other places, 41 together with such groundwater infiltration , stormwater, and surface 42 water as may be present. The admixture with sewage of industrial or 43 other waste also shall be considered "sewage" within the meaning of this 44 title. 45 14. "Sewerage system" shall mean the [ sewage ] system or systems for 46 the collection, conveyance, pumping, treatment neutralizing, storage and 47 disposal [ system or systems ] of sewage or stormwater in the possession 48 of, or under the jurisdiction and control of, a municipality, including 49 all additions, increases, enlargements, extensions or improvements ther- 50 eto. 51 § 13. Subdivisions 17, 18, 19, 20 and 21 of section 1196-b of the 52 public authorities law are renumbered subdivisions 18, 19, 20, 21 and 22 53 and a new subdivision 17 is added to read as follows: 54 17. "Stormwater" shall mean a flow of water occurring on the ground or 55 other surface from rain or meltwater that is not absorbed by the soil or 56 other surface.

S. 4071--B 4

1 § 14. Subdivision 19 of section 1199-a of the public authorities law, 2 as added by chapter 723 of the laws of 1986, is amended to read as 3 follows: 4 19. "Sewage" means the water-carried human or animal wastes from resi- 5 dences, buildings, industrial establishments or other places, together 6 with such groundwater infiltration , stormwater, and surface water as may 7 be present. The admixture with sewage of industrial or other waste also 8 shall be considered "sewage" within the meaning of this title. 9 § 15. Subdivisions 23, 24 and 25 of section 1199-a of the public 10 authorities law are renumbered subdivisions 24, 25 and 26 and a new 11 subdivision 23 is added to read as follows: 12 23. "Stormwater" means a flow of water occurring on the ground or 13 other surface from rain or meltwater that is not absorbed by the soil or 14 other surface. 15 § 16. Subdivision 18 of section 1199-bb of the public authorities law, 16 as added by chapter 501 of the laws of 1990, is amended to read as 17 follows: 18 18. "Sewage" means the water-carried human or animal wastes from resi- 19 dences, buildings, industrial establishments or other places, together 20 with such groundwater infiltration , stormwater, and surface water as may 21 be present. The admixture with sewage of industrial or other waste also 22 shall be considered "sewage" within the meaning of this title. 23 § 17. Subdivisions 22, 23, 24, 25, 26, 27 and 28 of section 1199-bb of 24 the public authorities law, subdivisions 22, 23, 24, 25, 26 and 28 as 25 renumbered by chapter 501 of the laws of 1990, are renumbered subdivi- 26 sions 23, 24, 25, 26, 27, 28 and 29 and a new subdivision 22 is added to 27 read as follows: 28 22. "Stormwater" means a flow of water occurring on the ground or 29 other surface from rain or meltwater that is not absorbed by the soil or 30 other surface. 31 § 18. Subdivision 18 of section 1199-bbbb of the public authorities 32 law, as added by chapter 195 of the laws of 1995, is amended to read as 33 follows: 34 18. "Sewage" means the water-carried human or animal wastes from resi- 35 dences, buildings, industrial establishments or other places, together 36 with such groundwater infiltration , stormwater, and surface water as may 37 be present. The admixture with sewage of industrial or other waste also 38 shall be considered "sewage" within the meaning of this title. 39 § 19. Subdivisions 22, 23, 24, 25, 26, 27 and 28 of section 1199-bbbb 40 of the public authorities law, as added by chapter 195 of the laws of 41 1995, are renumbered subdivisions 23, 24, 25, 26, 27, 28 and 29 and a 42 new subdivision 22 is added to read as follows: 43 22. "Stormwater" means a flow of water occurring on the ground or 44 other surface from rain or meltwater that is not absorbed by the soil or 45 other surface. 46 § 20. Subdivision 18 of section 1199-aaaa of the public authorities 47 law, as added by chapter 411 of the laws of 1995, is amended to read as 48 follows: 49 18. "Sewage" means the water-carried human or animal wastes from resi- 50 dences, buildings, industrial establishments or other places, together 51 with such groundwater infiltration , stormwater, and surface water as may 52 be present. The admixture with sewage of industrial or other waste also 53 shall be considered "sewage" within the meaning of this title. 54 § 21. Subdivisions 22, 23, 24, 25, 26, 27 and 28 of section 1199-aaaa 55 of the public authorities law, as added by chapter 411 of the laws of

S. 4071--B 5

1 1995, are renumbered subdivisions 23, 24, 25, 26, 27, 28 and 29 and a 2 new subdivision 22 is added to read as follows: 3 22. "Stormwater" means a flow of water occurring on the ground or 4 other surface from rain or meltwater that is not absorbed by the soil or 5 other surface. 6 § 22. Subdivision 2 of section 1230-g of the public authorities law is 7 amended by adding a new paragraph (h) to read as follows: 8 (h) "Stormwater" means a flow of water occurring on the ground or 9 other surface from rain or meltwater that is not absorbed by the soil or 10 other surface. 11 § 23. Subdivision 21 of section 1232-b of the public authorities law, 12 as added by chapter 685 of the laws of 2003, is amended to read as 13 follows: 14 21. "Sewage" means the water-carried human or animal wastes from resi- 15 dences, buildings, industrial establishments or other places, together 16 with such ground water infiltration , stormwater, and surface water as 17 may be present. The admixture of sewage with industrial or other waste 18 also shall be considered "sewage" within the meaning of this title. 19 § 24. Subdivisions 26 and 27 of section 1232-b of the public authori- 20 ties law are renumbered subdivisions 27 and 28 and a new subdivision 26 21 is added to read as follows: 22 26. "Stormwater" means a flow of water occurring on the ground or 23 other surface from rain or meltwater that is not absorbed by the soil or 24 other surface. 25 § 25. Subdivision 16 of section 1281 of the public authorities law, as 26 amended by chapter 744 of the laws of 1970, is amended to read as 27 follows: 28 16. "Sewage" shall mean the water-carried human or animal wastes from 29 residences, buildings, industrial establishments or other places, 30 together with such ground water infiltration , stormwater, and surface 31 water as may be present. The admixture with sewage of industrial waste 32 or other waste shall also be considered "sewage" within the meaning of 33 this title. 34 § 26. Section 1281 of the public authorities law is amended by adding 35 a new subdivision 35 to read as follows: 36 35. "Stormwater" or "storm water" shall mean a flow of water occurring 37 on the ground or other surface from rain or meltwater that is not 38 absorbed by the soil or other surface. 39 § 27. Nothing in this act shall result in the transfer, reassignment, 40 or contracting out of existing duties and functions related to stormwa- 41 ter management that are performed by municipal employees on or before 42 the effective date of this act. 43 § 28. This act shall take effect immediately.

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