Authorizes the Erie and Niagara County soil and water conservation districts to study runoff reduction volume when applied to soil profiles and topography within such counties

BILL NUMBER:S2989

Title of bill

An act to authorize and direct the Erie county soil and water conservation district and the Niagara county soil and water conservation district to study runoff reduction volume when applied to soil profiles and topography within Erie and Niagara counties

Purpose

To direct the Erie County Soil and Water Conservation District and the Niagara County Soil and Water Conservation District in consultation with the New York State Department of Environmental Conservation and the Western New York Storm water Coalition to study the effectiveness of the New York State Stormwater Management Design Manual's green infrastructure techniques to achieve runoff reductions when applied to the soil profiles and topography found within the counties of Erie and Niagara

Summary of provisions

Section 1 of the bill directs the Erie County Soil and Water Conservation District and the Niagara County Soil and Water Conservation District (in consultation with the New York State Department of Environmental Conservation and the Western New York Stormwater Coalition) to study the effectiveness of the New York State Stormwater Management Design Manual's green infrastructure techniques to achieve runoff reductions when applied to the soil profiles and topography found within the counties of Erie and Niagara.

Section 2 of the bill is the effective date.

Justification

The soil composition in Erie and Niagara counties is largely clay. Clay has infiltration problems. This problem is compounded by the flat topography which exists in both counties. This combination of soil type and topography is unique in New York State. This unique situation has created problems in achieving runoff reductions necessary to meet storm water permit requirements. The New York State Storm water Design Manual recommends various techniques to increase infiltration. The clay soils have rendered efforts to apply green infrastructure unsuccessful because of the problems with groundwater discharge created by the clay soil.

The inability to effectively use the techniques in the Stormwater Management Design Manual has resulted in development being stalled in both Erie and Niagara counties. Stormwater permits are not being issued because of the problems in meeting the current requirements.

The new residential home construction industry is already in severe distress in western New York. This paralysis in the issuance of stormwater permits is negatively impacting economic development and job creation. The objective of this bill is to study the recommended techniques to achieve runoff reduction to determine their effectiveness when applied to the soil type and topography in Erie and

Niagara counties. This study will provide a sound basis on which to examine the efficacy of the current rules with these conditions. This study is necessary to determine if alternative approaches are viable so residential construction projects can proceed in Erie and Niagara counties.

Legislative history

S7299/A10219 of 2011-12; Referred to Local Government S1096/A2025 of 2013-14; Referred to Local Government

Fiscal implications

This study would be jointly undertaken by the Erie County Soil and Water Conservation District and the Niagara County Soil and Water Conservation District and would be eligible for reimbursement under section 11-a of the State Soil and Water Conservation District Law.

Effective date

Immediately.