BILL NUMBER: S8846
SPONSOR: WEBER
 
TITLE OF BILL:
An act to amend the public authorities law, in relation to creating the
CR clean water and sewer authority
 
PURPOSE:
To amend the Public Authorities Law to create the "CR Clean Water and
Sewer Authority,".and to provide a statutory framework to transition the
functions, assets, and obligations of the existing Rockland County Sewer
District No. Ito a new public benefit corporation, subject to specified
local actions.
 
SUMMARY OF PROVISIONS:
This bill would enact the "CR Clean Water and Sewer Authority Act" and
add a new Title 11-E to Article 5 of the Public Authorities Law to:
1. Establish the Authority. Create the CR Clean Water and Sewer Authori-
ty as a public benefit corporation, with jurisdiction over the sewer
system formerly operated by the prior sewer district and any projects
thereafter.
2. Define the prior sewer district and system. Define the "prior sewer
district," its system, service area, facilities, revenues, and related
terms.
3. Provide for dissolution/merger of the prior sewer district. Provide
that, notwithstanding inconsistent provisions of law, the prior sewer
district may be abolished, dissolved, and merged into the Authority upon
an affirmative vote of the Rockland County Legislature, with
transfer/assignment of specified records, assets, and responsibilities
to the Authority.
4. Governance structure. Establish a nine-member governing body, includ-
ing appointments by the County Executive and County Legislature leader-
ship, and ex officio participation by the Supervisors of the Towns of
Ramapo and Clarkstown, with provisions addressing vacancies, removal,
quorum, voting, and officer selection.
5. Operational powers. Authorize the Authority to operate, maintain,
reconstruct, improve, expand, and regulate the sewerage system; adopt
rules and bylaws; sue and be sued; contract; acquire property; and
undertake projects.
6. Rates and collections. Authorize the Authority to fix and collect
rates, rentals, fees, and charges, including procedures for public hear-
ings where required, and allow charges to be placed on municipal tax
rolls as a separate item and enforced as a lien consistent with the
bill's provisions.
7. Employees and continuity. Address continuity of certain county
employees funded through the county budget as of formation (described as
"legacy employees"), including assignihent and 'continuation of applica-
ble collective bargaining tenus, with reimbursement to the county by the
Authority.
8. Financing and bonding, Authorize the issuance of bonds and notes,
establish bondholder remedies, and clarify that the state, county, and
municipalities are not liable on the Authority's bonds.
9. Tax treatment and governmental status. Provide exemptions from
certain taxes, assessments, and fees, and clarify governmental
capacity'for specified functions,
10. Implementation timeline. Provide that the act takes effect on the
180th day after becoming law, while authorizing necessary rules and
regulations to be adopted on or before that effective date.
 
JUSTIFICATION:
Reliable wastewater treatment and sewer infrastructure are essential to
public health, environmental protection, and long-term economic stabili-
ty, The existing statutory and operational structure governing the
"prior sewer district" is addressed in this bill by establishing a dedi-
cated public benefit corporation with clearly defined authorities,
governance, and financing tools tailored to operating and maintaining a
comprehensive sewerage system.
This legislation is designed to support:
*Clear accountability and governance through a defined board structure
and delineated powers to manage a complex regional sewer system.
*Continuity of service by providing a structured transition of assets,
records, contractual responsibilities, and operational control from the
prior district to the Authority, contingent on required local action.
*Capital planning and system reliability by authorizing the Authority to
undertake projects and utilize modem procurement/project delivery
options where permitted, and to finance eligible work through bonding
mechanisms.
*Transparency and predictability in charges through explicit authority
to establish and collect rates and charges, including public hearing
provisions where applicable, and collection mechanisms integrated with
local tax administration as set forth in the bill.
*Workforce continuity by addressing the status and treatment of speci-
fled existing county employees to avoid disruption during and after the
transition.
In combination, these provisions create a comprehensive legal framework
for stable, professionalized governance and sustainable operation of a
critical public utility function.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
The bill creates an Authority with the ability to fund operations and
capital needs through rates, fees, and other charges, and through bond-
ing as authorized. The bill also addresses reimbursement structures
relating to certain county-funded employee costs. Any fiscal impacts
will be implementation-dependent and driven by operational plans, capi-
tal needs, and rate-setting decisions made pursuant to the framework
established by the act.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that rules and regulations
necessary for implementation are authorized to be adopted on or before
the effective date.