Last chance for Suffolk County Water Quality Restoration Act to get on November ballot

The Suffolk County Water Quality Restoration Act was designed to establish a countywide sewer district and water quality fund, and extend an existing fund intended to improve resident drinking water. If approved by the county legislature, it will be subject to a mandatory referendum in the November election, but there’s only one more chance to garner majority support before the July 25 general meeting.

On June 21, the Suffolk County Legislature heard from the public for four hours, with 46 of the 47 speakers supporting the clean water measure. The majority of legislators, all Republicans, voted to send the plan back to committee to “take another crack at it,” with concerns about equity of funds for improved septic systems and sewer systems. The proposal, which is ten years in the making, has already been approved at the state level, but many believe it’s being stalled as a political strategy.

What is the Suffolk County Water Quality Restoration Act?
The Suffolk County Water Quality Restoration Act includes two bills that would create a fund to restore clean water by connecting homes and businesses to sewers, and finance clean water septic system replacements. One bill would authorize 1/8 of a cent addition to the county sales tax, providing an estimated $3.1 billion in revenue from 2024 through 2060, according to information from Assemblyman Fred Thiele. It would also extend the existing 1/4% tax through 2060, which funds Suffolk’s drinking water protection program and is expected to generate $1.9 billion for drinking water projects.

The other bill would consolidate 27 sewer districts and restructure sewer fees to streamline investments, reduce costs and stabilize sewer rates. All residential users would pay the same amount for the same service, and businesses would be charged by usage.

As proposed, and with both county sales tax increases in place or extended, about half of the local funds raised by the measure will expand sewers and the other half will allow for tax-free grants to homeowners who are installing clean water septic systems, according to information provided by The Nature Conservancy. The measure includes a “lockbox” on tax revenue funds, which requires that they are only used to improve water quality in Suffolk County, and an advisory committee to oversee the fund and provide annual independent audits that are made public.

The measure would expand and sustain an existing tax-free grant program for homeowners who are upgrading to clean water septic systems. Together, the county and state currently provide up to $25,000 per household. Additionally, significant federal and state grants are currently available for sewer expansion, with match requirements that can be funded by the measure. Today, federal infrastructure grants provide 90% funding, with a 10% local match for the first two years of funding, followed by 80% in federal funding with a 20% match. As these funds are first come, first served, advocates of the Restoration Act believe that now is the time to act.

The bills are an amendment to Governor Kathy Hochul’s executive budget, which established the Suffolk County wastewater management district, but didn’t authorize a dedicated tax fund. The State Senate and Assembly then passed budget resolutions to consolidate the county’s 27 sewer districts, authorize the 1/8% sales tax and extend the existing county tax for the water protection program, all of which are subject to a mandatory referendum. Now it’s up to the Suffolk County Legislature to put the measure on the November 2023 ballot for a public vote at their July 25 meeting.

Traditional septic systems and water quality
There are currently 380,000 unsewered properties throughout Suffolk County that rely on septic systems and cesspools. Scientific research shows the primary cause of the county’s poor water quality, harmful algal blooms, and damaged wildlife habitat is nitrogen pollution from septic systems. To improve water quality requires drastically reducing nitrogen pollution where it originates so that it can’t enter local streams, bays, harbors, or groundwater, which supplies the county’s drinking water.

Septic systems are self-contained sewage treatment systems that are used in areas where centralized sewer systems are not available or practical. In a septic system, wastewater from toilets, sinks and showers is collected in an underground, watertight septic tank. The wastewater undergoes a separation process in the tank, with heavier solids settling on the bottom to form a layer of sludge, and lighter materials like oils and grease floating to the top as scum. The middle layer, known as effluent, consists of partially treated wastewater that seeps into the soil and the soil acts as a natural filter, removing harmful bacteria, viruses and other contaminants, before the liquid rejoins the groundwater again.

Older septic systems can be harmful to local waterways and drinking water in several ways. They can release excessive amounts of nutrients, such as nitrogen, into the surrounding soil, aquifer and groundwater. These nutrients can then leach into nearby water bodies or be carried there by rainwater runoff, leading to nutrient pollution and excessive algae and aquatic plant growth, which can deplete oxygen levels in the water and harm aquatic ecosystems. Nitrogen pollution can also result in harmful algal blooms, which can produce toxins that are detrimental to aquatic life and pose risks to human health. Medical research (including a 60-study systematic review and meta-analysis) show that drinking water polluted with nitrates and nitrites increases the risk of gastric cancer.

Traditional septic systems can also allow bacteria and pathogens from human waste to enter groundwater or nearby surface waters, leading to the contamination of drinking water sources and waterways. Additionally, certain household chemicals, pharmaceuticals and personal care products can enter septic systems through wastewater, adding large volumes of hazardous substances that can reach waterways and re-enter drinking water.

As part of the Suffolk County Water Quality Restoration Act, about half of the funds raised with a sales tax increase will be used to finance what are called “clean water septic systems” or Innovative/Alternative Wastewater Systems (A/Is), which are advanced onsite wastewater treatment systems designed to provide higher levels of treatment compared to traditional septic systems. These systems are intended to improve the quality of the wastewater to reduce environmental impacts and protect waterways in areas where sewer systems are not feasible.

Sewer systems are infrastructure networks that collect and transport wastewater from homes and businesses to centralized treatment facilities. They use a network of underground pipes, gravity flow or pumping methods, and treatment processes to remove contaminants before safely discharging or reusing the treated water, contributing to public health and environmental protection. While sewer systems are a more effective way to clean wastewater, they may not be feasible for every property due to a lack of existing infrastructure, especially in remote or rural locations with low population density, and challenging topography such as areas with high water tables and steep slopes.

A party-line vote at Suffolk County Legislature
The Suffolk County Legislature gathered on June 21 and heard four hours of public comments on the proposed measure, with near (all but one) unanimous support. Residents in favor of the act included labor and union workers, scientists, environmentalists, government and organization leaders, and fishermen. Several environmental agencies have also announced publicly their approval for the act, including Citizens Campaign for the Environment, the Long Island Federation of Labor, The Nature Conservancy, Friends of the Bay, Save the Sound, and New York League of Conservation Voters.

During the meeting, Legislator Bridget Fleming said that Suffolk County needs to catch up with the rest of the world and implement a modern approach to wastewater treatment. She said the act is an opportunity to correct a long-recognized challenge, that the county’s aquifer and coastline are being threatened and the legislature needs to summon the courage to allow voters to “weigh in on their future.” Other Democratic legislators agreed, stating the need to plan for the future and move this measure forward. “This is a fight that’s been fought for many, many years,” said Legislator Samuel Gonzalez.

Legislator Jason Richberg stated that with 27 sewer districts, there are 27 different taxing structures and examples of inequality. There isn’t a streamlined approach to charging residents for these wastewater systems, he said, which is why the districts need to be consolidated to stabilize sewer rates.

Adrienne Esposito, executive director of Citizens Campaign for the Environment, said during the public hearing that this plan has been in the works for ten years and that there shouldn’t be a competition between sewers and clean septic systems, as both are needed to improve drinking water and waterways. “This is the most discussed, most vetted, most stood-behind plan in the history of Suffolk County and now is the time to implement it,” she said.

Presiding Officer Kevin McCaffrey, a Republican, said that he wanted to “take another crack at this” and recess the measure until the legislature gets it right. He said that although he wants to see this through, they “have time to work this out” and don’t need to get it done before the November election.

All Republicans, including local Legislators Robert Trotta and Stephanie Bontempi, voted to send both bills back to committee, stating that the legislation is flawed and sewers should be prioritized over clean water septic systems.

According to a recent Newsday story, political insiders have stated that in a year when all 18 county legislative seats are up for reelection, the Conservative Party doesn’t want an environmental referendum on the ballot, fearing that it will drive Democratic voters to the polls. Republicans have been criticized for their decision to recess the bills after a hearing with overwhelming support for the measure.

In a letter sent to the Journal this week, Legislator Bontempi wrote, “We did not ‘vote down’ two important pieces of legislation that came before us…We simply voted to recess the public hearing, as this will give us a chance to work with our state partners to address some concerns that we have with the proposed legislation.” The concerns noted in Bontempi’s letter include the balance of funds being used for I/A systems and sewer systems. She wrote that in the bill, while 75% of the funds raised from the sales tax increase will be used for clean water septic systems, there is no specific amount set aside for sewer infrastructure.

“Should we miss the “deadline” for a referendum vote in November, there is always the option of putting forth the proposal and let the voters decide later in the spring, when primary elections take place, at no additional cost to the taxpayers,” she added.

The next general meeting of the Suffolk County Legislature is July 25, which will be the last opportunity to approve the measure as a public referendum on the November 7 ballot, unless it’s done at a special meeting by August 4.