BILL NUMBER: S4071 Revised 03/27/25
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the public authorities law, in relation to including
stormwater in the definition of sewage for purposes of certain water,
sewer, and water and sewer authorities
 
PURPOSE:
This bill clarifies that certain water and sewer authorities can take
actions, including a spending authority, to manage stormwater.
 
SUMMARY OF SPECIFIC PROVISIONS:
Sections 1-26 amend the public authorities law to add a definition of
"stormwater" and to include "stormwater" within the meaning of "sewage"
in statutes authorizing numerous water and sewer utilities and authori-
ties to manage stormwater including the New York City Municipal Water
Finance Authority, the Albany Municipal Water Finance Authority, the
Town of Wilton Water and Sewer Authority, the Alfred, Almond, Hornells-
ville Sewer Authority, the Buffalo Sewer Authority, the Rensselaer Coun-
ty Water and Sewer Authority, the Wayne County Water and Sewer Authori-
ty, the Cayuga County Water and Sewer Authority, the Livingston County
Water and Sewer Authority, the Niagara Falls Public Water Authority, and
the Nassau County Sewer and Storm Water Finance Authority.
 
JUSTIFICATION:
Extreme rainfall events that are increasing with changes to our climate
place an enormous strain on our state's aging sewer infrastructure.
Coupled with the abundance of impervious areas like pavement and side-
walks, heavy rainfall events cause floods and sewer overflows in every
corner of the state. Severe flooding poses grave environmental, social,
and economic concerns and underscores the need for improved stormwater
infrastructure and more "green or gray infrastructure" to help absorb,
treat, or divert excess stormwater.
This legislation incorporates a definition of "stormwater" to the defi-
nition of "sewage" in the authorizing statutes for certain public
authorities that manage sewage or wastewater, clarifying the power of
such authorities to take actions including spending on resilience and
stormwater management projects. This legislation provides authority for
the listed public authorities, and would provide for local decisions on
future resilience and stormwater management spending.
 
LEGISLATIVE HISTORY:
2024: S.8861 PASSED SENATE / A.9435 Ref to Corps
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
Immediately

Statutes affected:
S4071: 1045-b public authorities law, 1045-b(12) public authorities law, 1115-a public authorities law, 1115-a(19) public authorities law, 1122 public authorities law, 1122(17) public authorities law, 1122(18) public authorities law, 1176 public authorities law, 1196-b public authorities law, 1196-b(12) public authorities law, 1199-a public authorities law, 1199-a(19) public authorities law, 1199-bb public authorities law, 1199-bb(18) public authorities law, 1199-bbbb public authorities law, 1199-bbbb(18) public authorities law, 1199-aaaa public authorities law, 1199-aaaa(18) public authorities law, 1230-g public authorities law, 1230-g(2) public authorities law, 1232-b public authorities law, 1232-b(21) public authorities law, 1281 public authorities law, 1281(16) public authorities law