Section 1.
Legislative intent.
This Legislature finds and determines that in 2016, the Suffolk County Sanitary Code was amended to include Article 19, "Management of Innovative and Alternative Onsite Wastewater Treatment Systems", in an effort to address the negative impact that nitrogen has contributed to the degradation of water quality in Suffolk County since the biggest contributor to said degradation has been outdated, non-performing onsite sanitary systems and cesspools, as recommended in the 2015 Suffolk County Comprehensive Water Resources Management Plan prepared by the Suffolk County Department of Health Services ("Department"). Article 19 of the Suffolk County Sanitary Code has authorized the voluntary installation and the Department management of certain approved innovative and Alternative Onsite Wastewater Treatment Systems ("I/A OWTS") technologies as the first step to reversing water quality degradation where existing systems are replaced at the initiative of a property owner.
This Legislature also finds and determines that the Suffolk County Charter was amended by Local Law No. 31-2014, to authorize, in accordance with section 12-2(D)(3) of the Suffolk County Charter, the use of the excess Assessment Stabilization Reserve Fund balance, as defined therein, for among other things, the installation of residential and commercial enhanced nitrogen removal septic systems.
This Legislature also finds that in addition, Local Law No. 31-2014, provides that in Fiscal Year 2011 or in any subsequent fiscal year through 2021, no less than $2 million of the excess Assessment Stabilization Reserve Fund balance will be appropriated via duly approved resolutions in each fiscal year for the installation of residential and commercial enhanced nitrogen removal septic systems.
This Legislature also finds and determines that I/A OWTS technologies that have been approved and certified by the Suffolk County Department of Health Services in accordance with Article 19 of the Suffolk County Sanitary Code, and such other technologies to be approved in the future by the Department also in accordance with the Suffolk County Sanitary Code are a type of such enhanced nitrogen removal systems consistent with the intent and use of that term pursuant to Article XII of the Suffolk County Charter.
This Legislature further finds and determines that the Suffolk County Sewer Infrastructure Committee, which was established in accordance with Local Law No. 31-2014, has recommended, at a meeting held on March 24, 2017, that a voluntary grant program, to be administered by the Department, be established to utilize the funding authorized in accordance with section 12-2(D)(3) of the Suffolk County Charter by assisting property owners who wish to voluntarily install I/A OWTS on residential property to defray the costs of such enhanced systems. The Suffolk County Sewer Infrastructure Committee has also recommended that the grant program be supplemented by allowing Suffolk County to refer residential owners to the CDCLI Funding Corporation, a non-profit organization, which has the ability to offer certain Suffolk County residents who would qualify under the County's grant program, loans at competitively priced interest rates, should residents need or wish to supplement the cost of an I/A OWTS through loan assistance.
This Legislature further finds and determines that as these new technologies become more and more available and utilized throughout Suffolk County and as additional changes and revisions to the Suffolk County Sanitary Code are made, it is the intent that additional programs will be included under this proposed article to the Suffolk County Code, including commercial assistance programs, as anticipated under the Charter.
Therefore, the purpose of this law is to provide a financial incentive to Suffolk County residents to install enhanced nitrogen removal systems by making such systems more affordable with the goal of improving water quality in Suffolk County.
Section 3.
Applicability.
This law shall apply to all actions occurring on or after the effective date of this law.