This bill amends the public authorities law to include stormwater in the definition of sewage for the purposes of water and sewer authorities. This bill takes effect immediately after it becomes a law.
The climate crisis has made extreme weather events more frequent and intense across New York, with heavier rainfall causing significant flooding and property damage, and overwhelming aging sewer and stormwater infrastructure. In communities with combined sewer systems, where sewage and stormwater run through the same pipes, even mild rains can cause sewage overflows into waterways. Sewage overflows harm the health of our lakes and rivers and puts public health at risk.
This legislation provides the same stormwater management powers to water and sewer authorities that cities, towns, and villages already have. The bill clarifies that public authorities may adopt policies to bolster climate resiliency and improve water quality. Many of New York’s communities’ stormwater are managed by public authorities, such as the Dutchess County Water and Wastewater Authority. This legislation does not require any action by water or sewer authorities.
Water and sewer authorities currently have clear legal authority to manage sewage within their systems, but their authority to regulate stormwater is not as clear. By adding a definition for stormwater to the public authorities law, this bill will provide authorities a solid legal foundation to, for example, implement policies to fund green infrastructure improvements that help divert and absorb excess stormwater in urban areas. Such policies could include differentiating water and sewer charges from the cost of stormwater management or creating incentive programs or credits for stormwater management.
Cities, towns, and villages across New York already have the ability to regulate stormwater. The City of Ithaca, for example, has developed a program that ensures big-box stores and other properties with significant amounts of impervious surfaces, which lead to stormwater runoff, contribute their fair share towards stormwater management efforts. It is time to provide water and sewer authorities with the power to develop similar programs.
Local communities need greater protection from extreme flooding and threats to their water quality. This bill will help accelerate the adoption of green infrastructure and other solutions to keep New Yorkers and our environment safe, healthy, and resilient.
