Authorizes the county of Westchester to issue certain bonds without the need for a referendum but subject to a public hearing

Section 1 also adds facilities for the distribution, treatment, and storage of drinking water as additional capital projects exempt from the requirement for public referenda. Section 1 further provides that such bond acts in excess of $10 million shall not be adopted by the board of legislators until a public hearing with notice is held.

Section 2 is the effective date.

Justification

Current law limits Westchester County's authority for bond issuances for most capital projects to a maximum of $10 million, unless a mandatory referendum is conducted. Excepted from this limitation are capital projects required by order of the New York State department of health or department of environmental conservation commissioner(s) or an interstate agency concerning sewage facilities; solid waste facilities required by county, state, or federal agencies or court order; or hospital facilities and property interests related to a 1973 lease between Westchester County, the housing finance authority and facility development corporation.

This legislation would expand the scope of projects that are exempt from the $10 million cap to include all sewer projects and all drinking water projects. However, bond acts in excess of $10 million could not be adopted by the board of legislators until a public hearing with notice was held.

Westchester County is the only county in New York required under the local finance law to hold a referendum on capital spending over a certain amount.

The supply of potable water is one of the most basic and important functions of government. The County, as a municipal supplier of water, is responsible for providing clean drinking water to approximately one-third of the County's population. The County currently estimates the cost of necessary improvements to the County water treatment and distribution systems to exceed $10 million dollars dependent upon available technology and location of the treatment facilities. These improvements will encompass the installation of facilities, piping and equipment to improve the resiliency of the main water supply to the cities of White Plains, Yonkers, Mt. Vernon and the Town/Village of Scarsdale. The referendum requirement unnecessarily threatens the County's ability to make these essential water system capital improvements, including potentially affecting the timing of County improvements thereby making project coordination difficult and more expensive. Notably, should a required referendum fail, the County will remain obligated pursuant to state and federal rules and regulations to proceed with the water system capital improvements without the ability to bond for costs. This would subject the proposed projects to uncertainty and potentially subject County water district residents to unmanageable costs.

Clean drinking water is vital to public health and the provision of a clean and sufficient drinking water supply is an essential government service. Capital projects that are necessary for the health and safety of Westchester County residents should not be delayed or subject to public referenda.This legislation would authorize the County to address the capital needs of its sewage and drinking water facilities while ensuring the public has an opportunity to be heard by requiring a public hearing with notice before the adoption of bond acts in excess of $10 million for these capital projects.

The Westchester County 2015 Joint State Legislative Program requests this legislation. It should also be noted that the New York State Department of Health has indicated to the County's Department of Environmental Facilities that it is a proponent of this request.

Legislative history

New Bill

Fiscal implications

None

Effective date

This act shall take effect immediately.