] is old law to be omitted. LBD08711-01-5A. 4831 2 1 systems pursuant to any federal rule or regulation required by 31 U.S.C. 2 section 1342, including 40 C.F.R. parts 9, 122, 123, and 124 ("Stormwa- 3 ter II") or any successor regulation. 4 4. "Combined sewer system" means a sewerage system or sewerage facili- 5 ty owned by the state, authority, or municipality that conveys stormwa- 6 ter and sanitary wastewater from residential, commercial, and indus- 7 trial sources through a single-pipe system. 8 5. "Combined sewer overflow" means the discharge of sewage from a 9 combined sewer system at a point in such system before such sewage has 10 reached a publicly owned treatment works, usually caused by an increase 11 in flow in excess of design capacity. 12 6. "Stormwater management" means the planning, design, construction, 13 maintenance, improvement, acquisition, or operation of any public system 14 of practices or infrastructure, including green infrastructure, within 15 or on behalf of a district, which conveys, treats, or stores stormwater, 16 induces groundwater recharge of stormwater, reduces flooding caused by 17 stormwater, reduces the discharge of untreated stormwater into surface 18 waters, or reduces combined sewer overflows or other deleterious envi- 19 ronmental, social, or economic consequences caused by unmanaged stormwa- 20 ter runoff. Stormwater management shall include, without limitation: MS4 21 compliance; actions required to comply with a state pollutant discharge 22 elimination system permit issued pursuant to this article and reasonably 23 related to stormwater management; the development and implementation of 24 a municipal stormwater management plan or stormwater control ordinance; 25 and the development and implementation of a long-term control plan to 26 mitigate combined sewer overflows pursuant to any federal or state law, 27 regulation, rule, permit, or consent decree. 28 7. "Stormwater fee" means the imposition of a fee, rate, rent or other 29 service charge for the costs of stormwater management, in: (a) a fixed 30 amount per property; (b) an amount determined as a function of the gross 31 area of the real property and the impervious area of the property; or 32 (c) upon any other equitable basis determined by the water or sewer 33 authority or the legislative body of the sponsoring municipality, 34 including but not limited to any combination of the foregoing. Such a 35 fee may be adjusted for the classification or use of the property and 36 shall be a fair and equitable approximation of the real property's 37 proportional contribution to stormwater runoff. For the purposes of this 38 subdivision, "impervious area of the property" shall mean the area of 39 the real property that restricts water absorption. 40 8. "Water or sewer authority" means any authority created pursuant to 41 title two-A, two-B, three, four, five, five-A, six, six-A, six-B, six-C, 42 six-D, seven, seven-A, eight, eight-A, eight-B, eight-C, eight-D, 43 eight-E, eight-F, eight-G, ten, ten-A, ten-B, ten-C, or ten-D, of arti- 44 cle five of the public authorities law, or in any other case a local or 45 state public benefit corporation whose purpose is the collection of fees 46 for the use, maintenance, operation, or improvement of sewerage, drain- 47 age, or water systems within a district; provided, however, that this 48 definition shall not apply to any authority created pursuant to title 49 twelve of article five of the public authorities law. 50 9. "District" means the area serviced by a drainage facility or facil- 51 ities, a sewerage facility or facilities, a sewerage system or systems, 52 or a water facility or facilities in the possession of, or under the 53 jurisdiction and control of, a municipality, or group of municipalities 54 cooperating for the purposes of a joint water, sewage or drainage 55 project, as such term is defined in section one hundred nineteen-n of 56 the general municipal law; or the authority district of a water or sewerA. 4831 3 1 authority established by the legislature in accordance with the 2 provisions of section eleven hundred ninety-six-c of the public authori- 3 ties law. 4 10. "Municipality" means any city, county, town, village, or county or 5 town acting on behalf of a district. 6 11. "Sewage", "sewerage system", "sewerage facility", and "water 7 facility" means the same as such terms are defined in section eleven 8 hundred ninety-six-d of the public authorities law. 9 12. "Agency" means any state office, public benefit corporation, 10 department, board, commission, bureau or division, or other agency or 11 instrumentality of the state. 12 § 17-2303. Stormwater fees authorized. 13 1. Any water or sewer authority or municipality shall have the power 14 to develop and implement a policy for the collection of stormwater fees, 15 and to create credits that may be applied thereto based on behavior or 16 improvements that reduce, retain, or treat stormwater, provided that no 17 other stormwater fee is levied simultaneously in the district and the 18 costs of stormwater management are not simultaneously funded through any 19 other fee, rate, rent or service charge in the district. 20 2. Separate, partial, and non-exclusive credits may be created for: 21 (a) the installation, operation, and maintenance of current stormwater 22 best management practices that reduce, retain, or treat stormwater 23 on-site and which are approved by the municipality or authority; (b) the 24 installation, operation, and maintenance of green infrastructure that 25 reduces, retains, or treats stormwater on-site and which is approved by 26 the municipality or authority; or (c) any combination of paragraphs (a) 27 and (b) of this subdivision that exceeds requirements that may be appli- 28 cable under any law, rule, or regulation related to stormwater manage- 29 ment, stormwater management plans, or stormwater control ordinances. 30 3. A policy implemented pursuant to this title may exempt certain 31 horticultural or agricultural properties from such fees. 32 4. All of the revenues from the collection of such fees shall be 33 reserved for stormwater management within the district or municipality 34 and the recovery of the costs incurred by the authority's or munici- 35 pality's stormwater management programs; provided, however, that the 36 policy shall set aside a specific proportion of revenue from the 37 collection of such fees for the design, planning, construction or 38 installation, and maintenance of green infrastructure. 39 5. A policy implemented pursuant to this title may discount a stormwa- 40 ter fee on the basis of income. 41 § 17-2305. Construction. 42 This title shall be construed in conjunction and harmony with terms 43 and provisions included in article five of the public authorities law, 44 article fourteen-F of the general municipal law, and other laws applica- 45 ble to regulation of drainage, sewage, water pollution, water supply, 46 and the surface waters of the state. Nothing contained in this title 47 shall abridge nor apply to any bona fide stormwater fee policy imple- 48 mented prior to the effective date of this title. 49 § 2. This act shall take effect immediately.