Bill Text: NY A01004 | 2025-2026 | General Assembly | Introduced
Bill Title: Provides for the conveyance or lease of sewer system properties and responsibilities by cities, towns and villages in the county of Westchester and the establishment of certain county sewer districts, extensions or special transitional zones of assessment in the county of Westchester when determined to be in the public interest.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-08 - referred to local governments [A01004 Detail]
Download: New_York-2025-A01004-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1004 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Local Governments AN ACT to amend the county law, in relation to providing for the convey- ance or lease of sewer system properties and responsibilities by cities, towns and villages in the county of Westchester when deter- mined to be in the public interest The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The county law is amended by adding a new section 277-a to 2 read as follows: 3 § 277-a. Conveyance or lease to the county of Westchester by cities, 4 towns and villages of sewer system property and the establishment of 5 certain county sewer districts, extensions or special transitional zones 6 of assessment in the county of Westchester. 1. As used in this section, 7 the following terms shall have the following meanings: 8 a. "Charter" shall mean the charter and administrative code of the 9 county of Westchester. 10 b. "City, town and village" shall mean a city, town or village in the 11 county of Westchester, including towns or villages acting on behalf of 12 town or village sewer districts. 13 c. "Commissioner of finance" shall mean the commissioner of finance of 14 the county of Westchester. 15 d. "Commissioner of environmental facilities" shall mean the commis- 16 sioner of environmental facilities of the county of Westchester. 17 e. "County" shall mean the county of Westchester, including when 18 acting on behalf of a county sewer district. 19 f. "County legislature" shall mean the county legislature of the coun- 20 ty of Westchester. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02808-01-5A. 1004 2 1 g. "Governing board of a city, town or village in the county of West- 2 chester" shall mean the finance board as such term is defined in section 3 2.00 of the local finance law. 4 h. "Sewer system" shall include sewage collection or conveyance facil- 5 ities, treatment or disposal plants, buildings, land and rights in land, 6 furnishings, equipment, machinery and apparatus, appurtenant facilities, 7 all moneys on hand collected or received for the purposes of such sewer 8 system, and all other items of property, either real or personal or 9 mixed, acquired for or incidental to such sewer system. 10 i. "Sewer system consolidation agreement" shall mean an agreement 11 between the county and a city, town or village in the county whereby the 12 city, town or village shall convey or lease sewer system property to the 13 county for operation, maintenance or improvement by the county described 14 in subdivision two of this section. 15 j. "Special transitional zone of assessment" shall mean a zone of 16 assessment within a county sewer district established to allocate all or 17 a portion of the costs of facilitating a conveyance or lease of sewer 18 system property by a city, town or village to the county and a transfer 19 of responsibilities for the operation, maintenance and improvement ther- 20 eof to the county sewer district. A special transitional zone of assess- 21 ment may overlap all or portions of any zone of assessment established 22 in a county sewer district to allocate the costs of the operation, main- 23 tenance and improvement of the county's trunk sewers and wastewater 24 treatment plants and related facilities. 25 k. "Town sewer district" shall mean a sewer district governed by the 26 provisions of articles twelve or twelve-A of the town law or a benefited 27 area established to provide a sewer improvement pursuant to articles 28 three-A or twelve-C of such law. 29 l. "Village sewer district" shall mean a sewer district governed by 30 the provisions of article fourteen and section 17-1718 of the village 31 law. 32 2. Notwithstanding the provisions of any general, special or local 33 law, the county and any city, town or village in the county may enter 34 into, and take the actions necessary to implement, sewer system consol- 35 idation agreements under this section to facilitate the conveyance or 36 lease to the county of sewer system property and the transfer to the 37 county of the responsibilities of operation, maintenance and improvement 38 of sewer system property. Sewer system consolidation agreements shall 39 include the following provisions: 40 a. an identification of the sewer system property of the city, town or 41 village to be conveyed or leased to the county, the consideration, if 42 any, for such conveyance or lease and the conditions, if any, under 43 which the conveyance or lease could be reversed or canceled; 44 b. a description of any improvements of such property to be made by 45 the county, the estimated cost thereof and the plan for financing such 46 improvements; 47 c. determinations of whether the county shall undertake to establish 48 special transitional zones of assessment under terms and conditions as 49 may be agreed upon, and shall include a description and estimate of the 50 costs to be allocated to the special transitional zone of assessment and 51 a description of whether the costs allocated thereto shall be levied in 52 the same manner as other county charges or in the manner described in 53 section two hundred seventy or section two hundred seventy-one of this 54 article, and if pursuant to section two hundred seventy-one, whether and 55 under what circumstances such manner of levy is expected to be changed;A. 1004 3 1 d. determinations of whether the county shall make a payment or 2 payments to the city, town or village in respect of city, town or 3 village debt service on indebtedness issued to finance sewer facilities 4 or whether the county may finance the cost of acquisition of sewer 5 facilities from cities, towns or villages through the issuance of bonds 6 or notes in accordance with the local finance law, and in either case 7 whether the city, town or village shall establish funds to receive all 8 or a portion of the proceeds thereof, as may be necessary or convenient 9 to facilitate such payments or as may be required by section six-l of 10 the general municipal law, and whether the city, town or village shall 11 call outstanding bonds for redemption at such times and under such 12 conditions as may be agreed to; 13 e. determinations of whether and to what extent the county and the 14 city, town or village shall indemnify each other for liabilities for 15 work performed or existing conditions; 16 f. determinations of whether employees of the city, town or village 17 shall be transferred to the county and become county employees under 18 such terms and conditions as such employees and the parties may agree, 19 subject to the rights and privileges of such employees under labor 20 agreements and applicable law, and whether employees of cities, towns 21 and villages not so transferred to the county may continue to be 22 employed by such cities, towns and villages to provide services to the 23 county sewer district under such terms as may be agreed upon; 24 g. estimates of capital cost of the sewer system property conveyed or 25 leased, which may include planning, design, acquisition and construction 26 costs of such property and improvements thereto, the costs of prepara- 27 tion of reports described in subdivision three of this section and the 28 sewer system consolidation agreement, and any other expenses incurred in 29 furtherance of the making of the sewer system consolidation agreement, 30 and the amounts of the capital cost to be charged against properties in 31 a special transitional zone of assessment, to be paid by the county 32 through a county sewer district or to be paid by the city, town or 33 village; 34 h. estimates of the operating expenses of the property conveyed or 35 leased under the sewer system consolidation agreement, and a statement 36 of the portions of the operating expenses to be annually charged against 37 properties in a special transitional zone of assessment, to be paid by 38 the county through a county sewer district or to be paid by the city, 39 town or village; 40 i. terms describing the actions necessary to amend the sewer system 41 consolidation agreement; and 42 j. terms describing the conditions under which the sewer system 43 consolidation agreement may be extended. 44 3. Any city, town or village may prepare and furnish to the county a 45 report containing a map and a general description of the sewer system 46 property which is proposed to be leased or conveyed and a description of 47 its current condition. The report shall include the terms of any 48 outstanding indebtedness issued to finance acquisition or improvement of 49 such sewer system property and such additional information relevant to 50 the assessment of the costs of operation, maintenance and improvement of 51 such sewer system property as the county may request. Upon presentation 52 of such report the county legislature may refer the same to the commis- 53 sioner of environmental facilities for a plan and report with respect 54 thereto. If the county legislature refers the report to the commissioner 55 of environmental facilities, said commissioner shall thereupon prepare 56 and furnish to the county legislature a plan and report describing capi-A. 1004 4 1 tal improvements, if any, to such sewer system property which the 2 commissioner of environmental facilities recommends be undertaken 3 following its conveyance or lease to the county. This plan and report 4 shall include the estimated costs thereof, together with an estimate of 5 the operating and maintenance costs of such property. The plan and 6 report shall also contain such other data and information as shall have 7 been requested by the county legislature or as may be determined by the 8 commissioner of environmental facilities to be appropriate under the 9 circumstances. Upon review of the plan and report, the county legisla- 10 ture may, if a majority of the county legislature approves the plan and 11 report, authorize the preparation of a draft sewer system consolidation 12 agreement and direct that such plan and report be furnished to the city, 13 town or village. The county and the city, town or village may then 14 prepare a draft sewer system consolidation agreement. The draft sewer 15 system consolidation agreement shall be presented to and approved as to 16 form by the county legislature and the governing body of the city, town 17 or village prior to the calling of a hearing under subdivisions seven 18 and five of this section, respectively. Such draft sewer system consol- 19 idation agreement shall not be binding nor shall it be executed until 20 after a public hearing and authorization by the county legislature and 21 the governing body of the city, town or village, as provided for in 22 subdivisions six and eight of this section. 23 4. In addition to existing authority to establish county sewer 24 districts or extensions, the county legislature, in furtherance of a 25 sewer system consolidation agreement, may establish a special transi- 26 tional zone of assessment in any county sewer district, and to the 27 extent such special transitional zone of assessment would fall in whole 28 or in part outside any county sewer district, may coincidentally estab- 29 lish a county sewer district encompassing such area or extend an exist- 30 ing county sewer district to encompass such area, in the manner herein- 31 after provided. Each special transitional zone of assessment shall have 32 boundaries coterminous with the area provided with a sewer system by any 33 city, town or village, for the purpose of facilitating the conveyance or 34 lease to the county all or a portion of the property of cities, towns or 35 villages relating to the collection and conveyance of sewage to county 36 trunk sewers and the transfer of all or a portion of the responsibil- 37 ities for the operation, maintenance and improvement thereof. 38 5. Following the approval of a draft sewer system consolidation agree- 39 ment, the governing body of the city, town or village shall hold a 40 public hearing on the draft sewer system consolidation agreement. Such 41 public hearing shall be called by such governing body, which shall 42 direct that notice thereof be published and posted not less than four- 43 teen days prior to the date set for such hearing. Such notice shall be 44 given, in the case of towns, in the manner prescribed in section one 45 hundred ninety-three of the town law, and in the case of cities and 46 villages, in the manner prescribed for general elections. Such notice 47 shall state in general terms that it is proposed to petition the county 48 legislature to enter into a sewer system consolidation agreement and, if 49 contemplated by the sewer system consolidation agreement, to establish 50 or extend a county sewer district or establish a special transitional 51 zone of assessment for the purpose of facilitating the conveyance or 52 lease of property to the county and its operation, maintenance and 53 improvement of such property, as set forth in the draft sewer system 54 consolidation agreement. Such notice shall generally identify the 55 particular sewer system proposed to be conveyed or leased, the proposed 56 improvements thereto, if any, and the estimated maximum cost thereof,A. 1004 5 1 and shall describe the boundaries of the proposed, district, extension 2 or special transitional zone of assessment in a manner sufficient to 3 permit definite and conclusive identification of all parcels of property 4 included therein. Such notice shall also state where the draft sewer 5 system consolidation agreement is available for public inspection, and 6 shall set forth the time when and place where such hearing shall be 7 held. 8 6. If the governing board shall decide, after such public hearing and 9 upon the evidence given thereat, that it is in the public interest to 10 petition the county legislature to enter into the sewer system consol- 11 idation agreement pursuant to this section, it shall authorize the 12 supervisor of the town or mayor of the village or chief executive offi- 13 cer of a city as that term is defined in the local finance law, as the 14 case may be, to: 15 a. execute such petition and file the same with the clerk of the coun- 16 ty legislature; and 17 b. execute the sewer system consolidation agreement, if the county 18 elects to enter into the sewer system consolidation agreement. 19 Such petition shall generally identify the particular sewer system 20 proposed to be conveyed or leased and shall describe the boundaries of 21 the area served thereby in a manner sufficient to permit definite and 22 conclusive identification of all parcels of property included therein. 23 7. Upon receipt of such petition and after the approval of the form of 24 the draft sewer system consolidation agreement, the county legislature 25 may call a public hearing to enter into the sewer system consolidation 26 agreement and, if contemplated thereby, to establish a special transi- 27 tional zone of assessment or establish or extend a county sewer 28 district. Notice of such public hearing shall be given not less than 29 fourteen days prior to the date of the hearing in the manner prescribed 30 in section two hundred fifty-four of this article. In addition, a copy 31 of such notice shall be served upon or mailed to the city, town or 32 village which presented such petition not less than fourteen days prior 33 to the day set therein for such hearing. Such notice shall contain: 34 a. a general description of the sewer system property proposed to be 35 conveyed or leased; 36 b. a description of the boundaries of any proposed district, extension 37 or special transitional zone of assessment in a manner sufficient to 38 permit definite and conclusive identification of all parcels of property 39 included therein; 40 c. the estimated maximum amount to be expended for proposed improve- 41 ments; 42 d. a statement of the proposed manner of assessing costs allocable to 43 the special transitional zone of assessment, indicating whether it is 44 proposed to levy assessments pursuant to the charter in the same manner 45 as county charges or as described in section two hundred seventy or 46 section two hundred seventy-one of this article; 47 e. a statement of whether and to what extent the county sewer district 48 will assume the payment of outstanding obligations, contracts and other 49 indebtedness of the city, town or village for the purposes of or in 50 relation to the sewer system proposed to be conveyed or leased; 51 f. shall state where the draft sewer system consolidation agreement is 52 available for public inspection; and 53 g. shall specify the time when and place where the county legislature 54 will meet to consider the matter and to hear all parties interested 55 therein concerning the same.A. 1004 6 1 8. If, based upon the evidence presented at such public hearing and 2 after due consideration of the petition, the plan and report of the 3 commissioner of environmental facilities and other data provided to it, 4 the county legislature shall determine that it is in the public interest 5 to enter into the sewer system consolidation agreement, it shall by 6 majority vote adopt an act authorizing the execution of the sewer system 7 consolidation agreement. If the county legislature shall determine that 8 it is not in the public interest to enter into the sewer system consol- 9 idation agreement, it shall adopt an act so stating and terminating the 10 proceedings with respect thereto. The parties to a sewer system consol- 11 idation agreement may from time to time amend the sewer system consol- 12 idation agreement, provided that, if an amendment would a. increase the 13 estimated capital cost to be assessed against properties in a special 14 transitional zone of assessment for the improvements proposed in the 15 sewer system consolidation agreement; b. increase the share of operation 16 and maintenance costs to be annually assessed against a special transi- 17 tional zone of assessment; or c. eliminate from or add parcels to a 18 special transitional zone of assessment, the amendment may be authorized 19 only after public hearings held by each party in the same manner as the 20 original sewer system consolidation agreement following determinations 21 by the parties that such amendment is in the public interest after hear- 22 ings held as required for the original sewer system consolidation agree- 23 ment. Notwithstanding the provisions of sections two hundred fifty-six, 24 two hundred fifty-eight and two hundred sixty-eight of this article, or 25 any other law, no act adopted pursuant to this section shall be subject 26 to permissive referendum, nor shall the permission of the state comp- 27 troller be required to establish or extend a district pursuant hereto or 28 to create a special transitional zone of assessment in any county sewer 29 district, or, from time to time, to increase and improve the facilities 30 of any county sewer district in the county of Westchester. Nothing in 31 this section shall modify the special acts of the legislature and local 32 laws of the county of Westchester governing county sewer districts and 33 the assessments made and taxes levied in connection therewith, and the 34 county of Westchester may continue to operate county sewer districts in 35 conformity therewith, irrespective of whether the county sewer district 36 has undertaken to own, operate, maintain or improve sewers which are not 37 trunk sewers pursuant to this section or otherwise undertakes to provide 38 sewage collection and conveyance facilities in addition to trunk sewers. 39 9. As part of the implementation of the sewer system consolidation 40 agreement, the county may adopt an act to establish a special transi- 41 tional zone of assessment or establish or extend a county sewer 42 district, which act shall include the following: 43 a. an accurate description of the boundaries of any such district, 44 extension, or special transitional zone of assessment in a manner suffi- 45 cient to permit definite and conclusive identification of all parcels of 46 property included therein, provided, however, if such district, exten- 47 sion or special transitional zone of assessment is coterminous with a 48 city, town or village it shall be a sufficient compliance with this 49 paragraph to so state without describing the boundaries of such city, 50 town or village; 51 b. a general description of the sewer system property to be conveyed 52 or leased to the county in accordance with the sewer system consol- 53 idation agreement; 54 c. a determination as to whether assessments for district purposes 55 will be levied pursuant to the charter in the same manner as county 56 charges or as described in section two hundred seventy or section twoA. 1004 7 1 hundred seventy-one of this article in accordance with the notice of the 2 public hearing held pursuant to subdivision seven of this section; 3 d. a determination as to the effective date or dates for the convey- 4 ance or lease of the property described in accordance with paragraph b 5 of this subdivision, having due regard to the fiscal year of the county 6 and the city, town or village concerned and the availability of funds 7 for the operation, maintenance and improvement of the sewer system by 8 the county; 9 e. a determination assuming responsibility for the payment of all or 10 the agreed portion of all obligations, contracts and other indebtedness 11 of the city, town or village, as the case may be, incurred for the 12 purposes of or in relation to the sewer system property to be conveyed 13 or leased which shall be outstanding as of the effective date of such 14 conveyance or lease, the exact amount and details thereof to be subject 15 to future determination by agreement in such manner as may be provided 16 therein; and 17 f. such other terms, conditions and provisions with respect to the 18 establishment of such district and such conveyance or lease, not incon- 19 sistent with the provisions of this section, as the county legislature 20 may determine to be necessary or desirable under the circumstances. 21 10. The clerk of the county legislature, within ten days after the 22 adoption thereof, shall file a certified copy of such act with the clerk 23 of the city, town or village concerned, who shall present the same to 24 the governing board at the next meeting thereof. Such governing board 25 shall thereupon proceed to adopt such resolutions or ordinances and take 26 such other action as shall be necessary or convenient to effectuate a 27 conveyance or lease of sewer system property to the county in accordance 28 with the provisions of this section and such act. In addition, in the 29 case of a town or a village sewer district, and if so provided in an 30 agreement with the county, the governing board may adopt an order 31 dissolving such district effective as of the date of such conveyance or 32 lease, a certified copy of which shall be recorded in the office of the 33 county clerk, or, if such district is not to be dissolved, the governing 34 board may adopt an order describing the remaining functions and respon- 35 sibilities of the district. 36 11. All or an agreed upon portion of assessments levied by, or fees, 37 rates, rents or other charges due or moneys owing to any city, town or 38 village with respect to any sewer system and remaining unpaid as of the 39 effective date of the conveyance or lease thereof to a county district 40 pursuant to this section shall be collected by the city, town or village 41 concerned in the same manner as if such conveyance or lease had not been 42 made, and upon receipt shall be paid over to the county commissioner of 43 finance to be applied for the purposes of such county sewer district. 44 12. a. The principal of and interest on all outstanding bonds and 45 notes of a city, town or village issued to pay all or part of the cost 46 of any sewer system conveyed or leased to a county district pursuant to 47 this section shall continue to be paid when due by such city, town or 48 village, and, if a sewer system consolidation agreement with the county 49 so provides, from moneys provided for such purpose by the county from 50 county district funds raised or appropriated therefor. If the county has 51 agreed to make such payments, the county commissioner of finance shall 52 from time to time pay such moneys to the fiscal officer of such city, 53 town or village sufficiently in advance to permit the payment of all or 54 the agreed upon portion of such principal and interest when due. All 55 other obligations and contract liabilities of a city, town or village 56 assumed by the county in a sewer system consolidation agreement shall beA. 1004 8 1 paid directly from funds of the county in the same manner as other coun- 2 ty sewer district claims. 3 b. If bonds have been authorized by a city, town or village pursuant 4 to the local finance law to pay all or a part of the cost of the acqui- 5 sition, construction or reconstruction of or addition to a sewer system 6 or the replacement of equipment, machinery, apparatus or furnishings 7 therefor, and in anticipation of the issuance of such bonds such city, 8 town or village has issued a bond anticipation note or notes or has 9 otherwise contracted indebtedness to be paid from the proceeds of such 10 bonds, and prior to the issuance of such bonds and the payment of such 11 note or notes or other indebtedness, such sewer system has been conveyed 12 or leased to the county pursuant to this section, the county may issue 13 its bonds for the object or purpose of paying such note or notes or 14 other indebtedness. The period of probable usefulness of the object or 15 purpose for which such bonds may be issued by the county pursuant to 16 this subdivision shall be the same as the period of probable usefulness 17 specified in paragraph a of section 11.00 of the local finance law for 18 the object or purpose for which the bonds were authorized by such city, 19 town or village prior to such transfer. Such period shall be that which 20 was in effect at the time of such transfer unless such period has been 21 subsequently shortened, in which event the shorter period in effect at 22 the time of the issuance of the bonds by the county shall apply. For the 23 purposes of paragraphs b, b-1 and c of section 21.00 of the local 24 finance law, the date of the earliest bond anticipation note issued by 25 such city, town or village shall be considered as the date of the earli- 26 est bond anticipation note issued in anticipation of the bonds issued by 27 the county for the object or purpose. Except as herein provided, such 28 bonds shall be authorized and issued by the county in accordance with 29 the provisions of the local finance law. 30 c. If, at the time of such transfer, the city, town or village has 31 outstanding bonds issued to finance the conveyed or leased sewer facili- 32 ties, the county may issue refunding bonds under and subject to the 33 provisions of section 90.10 of the local finance law or section 90.00 of 34 the local finance law, except, if the bonds to be refunded are refunding 35 bonds, for paragraph I thereof, to pay the principal, interest and 36 redemption premium of the bonds of the city, town or village of the 37 bonds to be refunded, with savings to the county calculated as if the 38 principal, interest and redemption premium on the bonds to be refunded 39 were to be considered bonds of the county. 40 13. The county legislature, and each city, town and village, are here- 41 by authorized to adopt all such further acts and to take or direct all 42 such additional proceedings as may be necessary or desirable to effectu- 43 ate the purposes and intent of this section. 44 14. The county, cities, towns and villages may expend capital funds to 45 conduct evaluations, surveys and analysis of county sewer facilities and 46 the sewer facilities of cities, towns and villages in the county which 47 may be useful in identifying whether or not the conveyance or lease of 48 particular city, town or village sewer facilities to the county would be 49 in the public interest and in planning, structuring and negotiating a 50 conveyance or lease of city, town or village facilities to the county, 51 and the county may elect to reimburse such costs incurred by cities, 52 towns or villages and to allocate the costs thereof. All of such costs 53 not paid from current funds may be financed by the county as part of the 54 cost of the acquisition of sewer facilities by the county, irrespective 55 of whether any such acquisition is subsequently completed.A. 1004 9 1 15. The provisions of section one hundred nineteen-o of the general 2 municipal law shall apply to sewer system consolidation agreements made 3 under this section, except that, irrespective of the term limits set 4 forth in section one hundred nineteen-o of the general municipal law, 5 such agreements may have terms which extend for up to fifty years and 6 which may be renewed periodically as provided therein for a term not 7 exceeding fifty years. The expiration of any such agreements shall not 8 affect actions completed under such agreements, including the conveyance 9 or lease of property or any change in the status of employees trans- 10 ferred to the county pursuant thereto. This section does not replace or 11 diminish the authority of the county and cities, towns and villages in 12 the county to make agreements under section one hundred nineteen-o of 13 the general municipal law in addition to the sewer system consolidation 14 agreements authorized by this section. 15 § 2. This act shall take effect immediately.
