Bill Text: NY A10444 | 2017-2018 | General Assembly | Introduced


Bill Title: Establishes septic system replacement loan programs; defines terms; authorizes the legislative body of any municipal corporation to establish a septic system replacement loan program to make loans to the owners of real property located within the municipal corporation to finance the installation of septic system projects.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-04-23 - referred to local governments [A10444 Detail]

Download: New_York-2017-A10444-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
            S. 8255                                                 A. 10444
                SENATE - ASSEMBLY
                                     April 23, 2018
                                       ___________
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Local Govern-
          ment
        IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
          to the Committee on Local Governments
        AN ACT to amend the general municipal law  in  relation  to  authorizing
          municipal  corporations  to  establish  septic system replacement loan
          programs
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The general municipal law is amended by adding a new arti-
     2  cle 5-M to read as follows:
     3                                 ARTICLE 5-M
     4              MUNICIPAL SEPTIC SYSTEM REPLACEMENT LOAN PROGRAM
     5  Section 119-hh. Legislative findings and declaration.
     6          119-ii. Definitions.
     7          119-jj. Municipal septic system replacement loan program.
     8    § 119-hh. Legislative findings and declaration.  The legislature finds
     9  and declares that it is the policy of  the  state  to  promote  improved
    10  water  quality  across  the  state;  and that to achieve such policy and
    11  goals the state must promote the deployment of enhanced treatment  tech-
    12  nologies,  including advanced nitrogen removal systems, to significantly
    13  and quantifiably reduce environmental and/or public health impacts asso-
    14  ciated with effluent from a cesspool or  septic  system  to  groundwater
    15  used  for  drinking  water,  or  a  threatened  or an impaired waterbody
    16  throughout the state; and that municipalities would fulfill an important
    17  public purpose by providing loans to property owners for  the  installa-
    18  tion of such enhanced treatment technologies.
    19    §  119-ii.  Definitions.  As used in this section, the following words
    20  and terms shall have the following meanings:
    21    1. "Cesspool" means a drywell that receives untreated  sanitary  waste
    22  containing  human  excreta,  which  sometimes  has an open bottom and/or
    23  perforated sides.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15333-01-8

        S. 8255                             2                           A. 10444
     1    2. "Septic system" means a system  that  provides  for  the  treatment
     2  and/or  disposition  of the combination of human and sanitary waste with
     3  water not exceeding one thousand  gallons  per  day,  serving  a  single
     4  parcel of land.
     5    3.  "Septic system project" means the replacement of a cesspool with a
     6  septic system, the installation, replacement  or  upgrade  of  a  septic
     7  system  or  septic system components, or installation of enhanced treat-
     8  ment technologies, including an advanced  nitrogen  removal  system,  to
     9  significantly and quantifiably reduce environmental and/or public health
    10  impacts  associated  with  effluent  from a cesspool or septic system to
    11  groundwater used as drinking water,  or  a  threatened  or  an  impaired
    12  waterbody.
    13    §  119-jj.  Municipal  septic system replacement loan program.  1. The
    14  legislative body of any municipal corporation may, by local law,  estab-
    15  lish a septic system replacement loan program.
    16    2.  Such program may make loans to the owners of real property located
    17  within the municipal corporation to finance the installation  of  septic
    18  system  projects. The municipal corporation may establish priority areas
    19  for such loans in order to  maximize  environmental  and  public  health
    20  benefits.
    21    3. Each such local law establishing the septic system replacement loan
    22  program  shall  provide  for  the criteria for making such loans and the
    23  terms and conditions for repayment of such loans.
    24    4. Every loan made under the septic system  replacement  loan  program
    25  shall  be  repaid  over  a  term  not to exceed ten years. The municipal
    26  corporation shall set a fixed rate of interest for the repayment of  the
    27  principal amount of each loan at the time the loan is made.
    28    5.  The  principal amount of each such loan, excluding interest, shall
    29  not exceed the actual cost of  installing  the  septic  system  project,
    30  including the costs of necessary equipment, materials, and labor.
    31    6.  No such loan shall be made for a septic system replacement project
    32  unless such system is approved by the local department of health.
    33    7. The loan made under the  septic  system  replacement  loan  program
    34  shall constitute a lien upon the real property benefitted by such loan.
    35    8.  The  municipal  corporation  may  require  the loan made under the
    36  septic system loan program to be repaid by the property owner through  a
    37  charge  on  the real property benefitted by such loan. Such charge shall
    38  be on the real property and shall be levied and collected  at  the  same
    39  time  and  in  the  same  manner  as municipal taxes, provided that such
    40  charge shall be separately listed on the tax bill, and provided  further
    41  that  in the event such charge should not be paid in a timely manner, no
    42  other municipal corporation shall be required  to  credit  or  otherwise
    43  guarantee  the amount of such unpaid charge to the municipal corporation
    44  which authorized the loan, notwithstanding any provision of law  to  the
    45  contrary.
    46    §  2.  Severability. The provisions of this act shall be severable and
    47  if any portion thereof or the applicability thereof  to  any  person  or
    48  circumstances  shall  be held invalid, the remainder of this act and the
    49  application thereof shall not be affected thereby.
    50    § 3. This act shall take effect immediately.
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