STATE OF NEW YORK ________________________________________________________________________ 554 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sens. TEDISCO, AKSHAR, BAILEY, BOYLE, CARLUCCI, GALLIVAN, HELMING, O'MARA, RANZENHOFER, RITCHIE, ROBACH, SANDERS, SEPULVEDA, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to establishing the safe water infrastructure action program for the purpose of making payments toward the replacement and rehabilitation of existing local municipally-owned and funded drinking water, storm water and sanitary sewer systems The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The environmental conservation law is amended by adding a 2 new section 3-0321 to read as follows: 3 § 3-0321. Safe water and infrastructure action program. 4 1. Notwithstanding any other provisions of this chapter or any other 5 law and subject to an appropriation made therefor and in accordance with 6 the provisions of this section and with the rules and regulations 7 promulgated by the commissioner in connection therewith, on and after 8 the first day of April, two thousand twenty, a consolidated local 9 infrastructure program is hereby established for the purpose of making 10 payments toward the replacement and rehabilitation of existing local 11 municipally-owned and funded drinking water, storm water and sanitary 12 sewer systems. For purposes of this section, such program shall apply to 13 any county, city, town or village drinking water system, storm water 14 system or sanitary sewer system within the state that is not under the 15 maintenance and/or operational jurisdiction of the state nor any private 16 entity. The commissioner, in conjunction with the environmental facili- 17 ties corporation, shall promulgate all necessary rules and regulations 18 to carry out the program so that an equitable distribution of aid shall 19 be made for the general operation and/or general maintenance of any EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03524-01-9S. 554 2 1 existing county, city, town and village drinking water system, storm 2 water system or sanitary sewer system. 3 2. On or before the twenty-fifth day of April, June, September and 4 November of each state fiscal year commencing with the state fiscal year 5 beginning on April first, two thousand twenty, there shall be distrib- 6 uted and paid to counties, cities, towns and villages an amount equal to 7 the moneys appropriated for the purposes of this section divided by the 8 number of payment dates in that state fiscal year. Such amounts shall be 9 distributed and paid pursuant to subdivision three of this section. 10 3. Amounts shall be distributed for local drinking water, storm water 11 and sanitary sewer systems based upon the total length and width of all 12 pipelines and mains owned and operated by the municipality. 13 4. Monies made available may be used to match other state and federal 14 funds made available for such projects. The funds may also be used to 15 support special improvement districts created to provide drinking water, 16 waste water and storm water services under articles twelve, twelve-A, 17 twelve-C and thirteen of the town law. The remainder of the apportion- 18 ment may be used for any existing drinking water, storm water or sewer 19 system purchases, including but not limited to, the acquisition of mate- 20 rials for the replacement or rehabilitation. 21 5. For any city, town, or village which proposes infrastructure 22 consolidation under this section or merges with another municipality, 23 the funds appropriated under this section may fund costs associated with 24 such consolidation. 25 6. For each fiscal year, starting in two thousand twenty, funds are to 26 be made available to the local infrastructure assistance account of the 27 general fund, and distributed from that account, in an amount that is at 28 least equal to those appropriated and made available in the Consolidated 29 Local Street and Highway Improvement Program (CHIPS). 30 § 2. This act shall take effect immediately.