Bill Text: NY A06593 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides for a cap of $15 million for projects where two or more municipalities have entered into water and sewer shared service agreements; preference of priority to emergency cases, hardship cases and multi-jurisdictional projects.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced - Dead) 2018-01-03 - referred to environmental conservation [A06593 Detail]

Download: New_York-2017-A06593-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6593
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      March 9, 2017
                                       ___________
        Introduced  by  M.  of A. FAHY, McDONALD, THIELE, ABBATE, GALEF, CAHILL,
          SEPULVEDA, KAVANAGH, JONES,  JAFFEE,  SIMON,  WILLIAMS,  ORTIZ,  COOK,
          KEARNS,  COLTON, CARROLL -- read once and referred to the Committee on
          Environmental Conservation
        AN ACT to amend part G of chapter 60 of the laws of  2015,  relating  to
          the  New  York  State water infrastructure improvement act of 2015, in
          relation to providing priority consideration and increasing the  grant
          awards  for municipalities that have entered shared service agreements
          with other communities
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Part G of chapter 60 of the laws of 2015, relating to the
     2  New York State water infrastructure improvement act of 2015, is  amended
     3  to read as follows:
     4                                   PART G
     5    Section  1.  This act may be known and be cited as the "New York State
     6  water infrastructure improvement act of 2015".
     7    § 2. For purposes of this act:
     8    1. "water quality infrastructure project" shall mean "sewage treatment
     9  works" as defined in section 17-1903 of the  environmental  conservation
    10  law or "eligible project" as defined in paragraphs (a), (b), (c) and (e)
    11  of subdivision 4 of section 1160 of the public health law.
    12    2. "construction" shall mean:
    13    (a) for sewage treatment works, the same as defined in section 17-1903
    14  of the environmental conservation law; and
    15    (b) for eligible projects, the same meaning as defined in section 1160
    16  of the public health law.
    17    3. "municipality" shall mean any county, city, town, village, district
    18  corporation, county or town improvement district, school district, Indi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10189-02-7
        A. 6593                             2
     1  an  nation  or tribe recognized by the state or the United States with a
     2  reservation wholly or partly within the boundaries of  New  York  state,
     3  any  public benefit corporation or public authority established pursuant
     4  to  the  laws  of  New  York  or  any  agency of New York state which is
     5  empowered to  construct  and  operate  a  water  quality  infrastructure
     6  project, or any two or more of the foregoing which are acting jointly in
     7  connection with a water quality infrastructure project.
     8    4.  "shared  service  water quality infrastructure project" shall have
     9  the same meaning as provided in subdivision one of  this  section  where
    10  there  also  exists  an  agreement between two or more municipalities to
    11  share, merge, or consolidate resources, or to cooperate  in  support  of
    12  such infrastructure projects.
    13    §  3.  1. The environmental facilities corporation shall undertake and
    14  provide state financial assistance payments, from funds appropriated for
    15  such purpose, to municipalities in support of water quality  infrastruc-
    16  ture  projects provided, however, in any such year that funds are appro-
    17  priated for such purpose, no municipality shall receive more  than  five
    18  million  dollars  of appropriated funds. Such state financial assistance
    19  payments shall be awarded only to water quality infrastructure  projects
    20  for:
    21    (a) replacement or repair of infrastructure; or
    22    (b)  compliance  with  environmental  and public health laws and regu-
    23  lations related to water quality.
    24    2.  The  environmental  facilities  corporation  shall  undertake  and
    25  provide state financial assistance payments, from funds appropriated for
    26  such purpose, jointly to municipalities described in subdivision four of
    27  section  two  of  this  act  in  support of shared service water quality
    28  infrastructure projects provided, however, in any such year  that  funds
    29  are  appropriated for such purpose, no such municipalities shall receive
    30  more than fifteen million dollars  of  appropriated  funds.  Such  state
    31  financial  assistance  payments  shall  be awarded only to water quality
    32  infrastructure projects for:
    33    (a) replacement or repair of infrastructure; or
    34    (b) compliance with environmental and public  health  laws  and  regu-
    35  lations related to water quality.
    36    [2.]  3.  Any  state  financial assistance payment awarded pursuant to
    37  this act shall not exceed sixty percent of the project cost.
    38    [3.] 4. A municipality may make an application for such  state  finan-
    39  cial  assistance payment, in a manner, form and timeframe and containing
    40  such information as the environmental facilities corporation may require
    41  provided however, such requirements shall not include a requirement  for
    42  prior listing on the intended use plan.
    43    [4.]  5.  A municipality shall not be required to accept environmental
    44  facilities corporation loan financing in order to obtain a state  finan-
    45  cial  assistance payment pursuant to this act if it can provide proof of
    46  having obtained similarly low  cost  financing  or  other  funding  from
    47  another source.
    48    [5.]  6.  In  awarding  such  state financial assistance payments, the
    49  environmental facilities corporation shall consider and give  preference
    50  in the following order:
    51    a.  to  municipalities described in subdivision four of section two of
    52  this act, and then
    53    b. to municipalities that meet the hardship  criteria  established  by
    54  the  environmental  facilities corporation pursuant to section 1285-m of
    55  the public authorities law and projects  that  result  in  the  greatest
    56  water  quality  improvement  or  greatest  reduction  in serious risk to
        A. 6593                             3
     1  public health. For the purposes of this act, the  hardship  criteria  of
     2  section  1285-m of the public authorities law shall also apply to sewage
     3  treatment works defined in section 17-1903 of the environmental  conser-
     4  vation law.
     5    § 4. This act shall take effect April 1, 2015.
     6    § 2. This act shall take effect immediately.