Bill Text: NY S04350 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes the safe water and infrastructure action program for the purpose of making payments toward the replacement and rehabilitation of certain existing local drinking water, storm water and sanitary sewer systems; applies to any county, city, town, village or public authority drinking water system, storm water system or sanitary sewer system within the state that is not under the maintenance and/or operational jurisdiction of a private entity; does not apply to NYC.
Spectrum: Slight Partisan Bill (Republican 10-5)
Status: (Introduced) 2024-05-21 - REPORTED AND COMMITTED TO FINANCE [S04350 Detail]
Download: New_York-2023-S04350-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4350--A 2023-2024 Regular Sessions IN SENATE February 7, 2023 ___________ Introduced by Sens. HINCHEY, ASHBY, KAVANAGH, MATTERA, ROLISON, STEC, TEDISCO, THOMAS, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to establishing the safe water infrastructure action program 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 article 76 to read as follows: 3 ARTICLE 76 4 SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM 5 Section 76-0101. Safe water and infrastructure action program. 6 § 76-0101. Safe water and infrastructure action program. 7 1. Notwithstanding any other provisions of this chapter or any other 8 law and subject to an appropriation made therefor and in accordance with 9 the provisions of this section and with the rules and regulations 10 promulgated by the commissioner in connection therewith, on and after 11 the first day of April, two thousand twenty-four, a consolidated local 12 infrastructure program is hereby established for the purpose of making 13 payments toward the replacement and rehabilitation of existing local 14 municipally-owned and funded drinking water, storm water and sanitary 15 sewer systems. For purposes of this section, such program shall apply to 16 any drinking water system, storm water system or sanitary sewer system 17 within the state that is under the maintenance and/or operational juris- 18 diction of a county, city, town, village or public authority; provided, 19 however, that such system shall not be under the maintenance and/or 20 operational jurisdiction of a private entity; provided further, however, 21 that such program shall not apply to a system that is under the mainte- 22 nance and/or operational jurisdiction of a city with a population of one EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02298-06-3S. 4350--A 2 1 million or more. The commissioner, in conjunction with the environmental 2 facilities corporation, shall promulgate all necessary rules and regu- 3 lations to carry out the program so that an equitable distribution of 4 aid shall be made for the general operation and/or general maintenance 5 of any such existing drinking water system, storm water system or sani- 6 tary sewer system. Existing water infrastructure includes all the man- 7 made and natural features that move and treat water in terms of drinking 8 water, waste water, and storm water. Monies from this fund may be used 9 for maintenance and repairs of existing water infrastructure as well as 10 new water infrastructure expansion, but only into already developed 11 areas so as not to support sprawl and development of natural areas. 12 Already developed areas are those that are zoned/defined by munici- 13 palities as of January first, two thousand twenty-three as commercial 14 and residential use. 15 2. On or before the twenty-fifth day of April, June, September and 16 November of each state fiscal year commencing with the state fiscal year 17 beginning on April first, two thousand twenty-five, there shall be 18 distributed and paid to counties, cities, towns, villages and public 19 authorities an amount equal to the moneys appropriated for the purposes 20 of this section divided by the number of payment dates in that state 21 fiscal year. Such amounts shall be distributed and paid pursuant to 22 subdivision three of this section. 23 3. Amounts shall be distributed for local drinking water, storm water 24 and sanitary sewer systems based upon a funding formula that the depart- 25 ment and the department of health shall create taking into consideration 26 factors including but not limited to: the system's length and width of 27 pipes; other physical assets maintained by the system, including treat- 28 ment facilities and pumping stations; the age of the system's infras- 29 tructure; and relevant socioeconomic factors, including the presence of 30 disadvantaged communities within a system's service area, to achieve an 31 equitable distribution of aid. 32 4. Monies made available may be used to match other state and federal 33 funds made available for such projects. The remainder of the apportion- 34 ment may be used for any existing drinking water, storm water or sewer 35 system purchases, including but not limited to, the acquisition of mate- 36 rials for the replacement or rehabilitation. 37 5. For any city, town, village or public authority which proposes 38 infrastructure consolidation under this section or merges with another 39 municipality, the funds appropriated under this section may fund costs 40 associated with such consolidation. 41 6. For each fiscal year, starting in two thousand twenty-five, funds 42 are to be made available to the local infrastructure assistance account 43 of the general fund, and distributed from that account. 44 7. At the end of each fiscal year, each county, city, town, village 45 and public authority that receives funding pursuant to this section 46 shall submit an annual report to the department detailing how such money 47 was used. The department shall compile all reports and submit them to 48 the comptroller for their review. Once a report is finalized, it shall 49 be made publicly available on the department's website. The department 50 and the comptroller shall reserve the right to conduct sight visits to 51 ensure the money is being used accurately. 52 § 2. This act shall take effect on the thirtieth day after it shall 53 have become a law.
