New York Builders Save $3 Million on Storm Water Fee
Working with its members, the New York State Builders Association has been able to reverse retroactive storm water fees that were passed last August and signed by the governor as part of the 2004-2005 budget process. The fee reversal represents a savings of more than $3 million for builders and developers in the state.
Covering any facility authorized after April 1, 2004, the legislation imposed a retroactive fee of $50 for each acre disturbed and $300 for each acre of impervious surface. Under a new amendment to the legislation drafted by the builders association, the commencement date for the fee was moved to Sept. 1, 2004.
The successful lobbying effort by the home builders association applies to more than 900 permits across the state.
The association has notified its members that they should first contact the New York State Department of Environmental Conservation (DEC) if they receive an invoice for the time period of April 1-Aug. 31, 2004. The appropriate fee for permits issued for this time period will revert to the previous fee of $50 per year.
Unless they are instructed otherwise by the DEC, builders are being instructed to pay the invoice under protest and to let the department know that they will be expecting a refund for the amount that was assessed — over the $50 yearly fee — for the covered period.