Bill Text: NY S04350 | 2023-2024 | General Assembly | Introduced

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



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4350

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 7, 2023
                                       ___________

        Introduced  by  Sen. HINCHEY -- 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  certain  existing  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 3-0322 to read as follows:
     3  § 3-0322. 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-four, 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  drinking  water system, storm water system or sanitary sewer system
    14  within the state that is under the maintenance and/or operational juris-
    15  diction of a county, city, town, village or public authority;  provided,
    16  however,  that  such  system  shall  not be under the maintenance and/or
    17  operational jurisdiction of a private entity; provided further, however,
    18  that such program shall not apply to a system that is under the  mainte-
    19  nance and/or operational jurisdiction of a city with a population of one
    20  million or more. The commissioner, in conjunction with the environmental
    21  facilities  corporation,  shall promulgate all necessary rules and regu-
    22  lations to carry out the program so that an  equitable  distribution  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02298-04-3

        S. 4350                             2

     1  aid  shall  be made for the general operation and/or general maintenance
     2  of any such existing drinking water system, storm water system or  sani-
     3  tary  sewer system.  Existing water infrastructure includes all the man-
     4  made and natural features that move and treat water in terms of drinking
     5  water,  waste  water, and storm water. Monies from this fund may be used
     6  for maintenance and repairs of existing water infrastructure as well  as
     7  new  water  infrastructure  expansion,  but  only into already developed
     8  areas so as not to support sprawl  and  development  of  natural  areas.
     9  Already  developed  areas  are  those  that are zoned/defined by munici-
    10  palities as of January first, two thousand  twenty-three  as  commercial
    11  and residential use.
    12    2.  On  or  before  the twenty-fifth day of April, June, September and
    13  November of each state fiscal year commencing with the state fiscal year
    14  beginning on April first,  two  thousand  twenty-five,  there  shall  be
    15  distributed  and  paid  to  counties, cities, towns, villages and public
    16  authorities an amount equal to the moneys appropriated for the  purposes
    17  of  this  section  divided  by the number of payment dates in that state
    18  fiscal year. Such amounts shall be  distributed  and  paid  pursuant  to
    19  subdivision three of this section.
    20    3.  Amounts shall be distributed for local drinking water, storm water
    21  and sanitary sewer systems based upon a funding formula that the depart-
    22  ment and the department of health shall create taking into consideration
    23  factors including but not limited to:  the system's length and width  of
    24  pipes;  other physical assets maintained by the system, including treat-
    25  ment facilities and pumping stations; the age of  the  system's  infras-
    26  tructure;  and relevant socioeconomic factors, including the presence of
    27  disadvantaged communities within a system's service area, to achieve  an
    28  equitable distribution of aid.
    29    4.  Monies made available may be used to match other state and federal
    30  funds made available for such projects.  The remainder of the apportion-
    31  ment may be used for any existing drinking water, storm water  or  sewer
    32  system purchases, including but not limited to, the acquisition of mate-
    33  rials for the replacement or rehabilitation.
    34    5.  For  any  city,  town,  village or public authority which proposes
    35  infrastructure consolidation under this section or merges  with  another
    36  municipality,  the  funds appropriated under this section may fund costs
    37  associated with such consolidation.
    38    6. For each fiscal year, starting in two thousand  twenty-five,  funds
    39  are  to be made available to the local infrastructure assistance account
    40  of the general fund, and distributed from that account.
    41    7. At the end of each fiscal year, each county,  city,  town,  village
    42  and  public  authority  that  receives  funding pursuant to this section
    43  shall submit an annual report to the department detailing how such money
    44  was used. The department shall compile all reports and  submit  them  to
    45  the  comptroller  for their review. Once a report is finalized, it shall
    46  be made publicly available on the department's website.  The  department
    47  and  the  comptroller shall reserve the right to conduct sight visits to
    48  ensure the money is being used accurately.
    49    § 2. This act shall take effect immediately.
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