S T A T E O F N E W Y O R K
________________________________________________________________________
6660
2013-2014 Regular Sessions
I N A S S E M B L Y
April 12, 2013
___________
Introduced by M. of A. OAKS, HAWLEY, KOLB, MONTESANO -- Multi-Sponsored
by -- M. of A. BARCLAY, BUTLER, CORWIN, CROUCH, DUPREY, FINCH,
FITZPATRICK, JORDAN, McDONOUGH, McLAUGHLIN, PALMESANO, RABBITT, RAIA,
SALADINO, THIELE -- read once and referred to the Committee on Ways
and Means
AN ACT to amend the tax law, the environmental conservation law and the
state finance law, in relation to establishing the rural freshwater
improvement and protection program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 606 of the tax law is amended by adding a new
2 subsection (u) to read as follows:
3 (U) DEDUCTION FOR SEPTIC SYSTEM UPGRADES, REPLACEMENTS OR REPAIRS. A
4 TAXPAYER SHALL BE ALLOWED A DEDUCTION AGAINST THE TAX IMPOSED BY THIS
5 ARTICLE. THE AMOUNT OF THE DEDUCTION SHALL BE THE ACTUAL COST INCURRED
6 BY THE TAXPAYER IN MAKING SEPTIC SYSTEM UPGRADES, REPAIRS OR REPLACE-
7 MENTS TO THE TAXPAYER'S PRIMARY OR SECONDARY RESIDENCE. THE UPGRADE,
8 REPAIRS OR REPLACEMENT SHALL BE IN ACCORDANCE WITH A SEPTIC SYSTEM
9 INSPECTION PROGRAM APPROVED BY THE MUNICIPALITY IN WHICH THE RESIDENCE
10 IS LOCATED.
11 S 2. The environmental conservation law is amended by adding a new
12 section 15-2915 to read as follows:
13 S 15-2915. RURAL FRESHWATER IMPROVEMENT AND PROTECTION PROGRAM.
14 1. THE DEPARTMENT OR ANY LOCAL SOIL AND WATER CONSERVATION DISTRICT AT
15 THE DIRECTION OF THE DEPARTMENT SHALL CREATE PROPOSED SEPTIC SYSTEM
16 ORDINANCES TO BE ADOPTED BY ANY TOWN OR VILLAGE OF THE STATE WHICH ORDI-
17 NANCES SHALL DIRECT UPGRADES, REPAIRS OR REPLACEMENTS OF EXISTING SEPTIC
18 SYSTEMS.
19 2. A REVOLVING LOAN FUND IS HEREBY CREATED TO BE DISBURSED AT THE
20 DIRECTION OF THE COMMISSIONER TO COUNTY SOIL AND CONSERVATION DISTRICTS
21 CONTAINING MUNICIPALITIES WHICH HAVE ADOPTED ORDINANCES PURSUANT TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04392-02-3
A. 6660 2
1 SUBDIVISION ONE OF THIS SECTION, WHICH COUNTY SOIL AND CONSERVATION
2 DISTRICTS MAY MAKE LOANS TO HOMEOWNERS WHO CAN DEMONSTRATE FINANCIAL
3 NEED TO MAKE UPGRADES, REPAIRS OR REPLACEMENTS TO SEPTIC SYSTEMS AS SET
4 FORTH IN SUBDIVISION ONE OF THIS SECTION. SUCH LOANS WHICH SHALL BE DUE
5 AND PAYABLE WITHIN TEN YEARS OR UPON SALE OF THE PROPERTY.
6 3. THE DEPARTMENT SHALL AT THE DIRECTION OF THE COMMISSIONER MAKE A
7 ONE-TIME GRANT TO ANY TOWN OR VILLAGE OF THIS STATE WHICH ADOPTS A
8 SEPTIC SYSTEM ORDINANCE APPROVED BY THE DEPARTMENT FOR THE PURPOSE OF
9 DEVELOPING AND CARRYING OUT A COMPREHENSIVE SEPTIC SYSTEM INSPECTION
10 PROGRAM.
11 S 3. The state finance law is amended by adding a new section 99-v to
12 read as follows:
13 S 99-V. RURAL FRESHWATER IMPROVEMENT AND PROTECTION PROGRAM FUND. 1.
14 THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP-
15 TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO
16 BE KNOWN AS THE "RURAL FRESHWATER IMPROVEMENT AND PROTECTION PROGRAM
17 FUND".
18 2. THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE.
19 3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
20 BE EXPENDED IN ACCORDANCE WITH SECTION 15-2915 OF THE ENVIRONMENTAL
21 CONSERVATION LAW.
22 S 4. This act shall take effect on the first of January next succeed-
23 ing the date on which it shall have become a law.