Senate Bill S7459

2011-2012 Legislative Session

Relates to water pollution control linked loans; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2012	referred to environmental conservation

2011-S7459 (ACTIVE) - Details

See Assembly Version of this Bill:: A10220
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §17-1909, En Con L; amd §§236, 237, 238, 240, 242 & 243, St Fin L; rpld §104-a, Exec L; add §1285-s, Pub Auth L

2011-S7459 (ACTIVE) - Summary

Relates to water pollution control linked loans.

2011-S7459 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7459

TITLE OF BILL:
An act
to amend the environmental conservation law,
the state finance law and the
public authorities law, in relation to water pollution control linked
loans; and to repeal section 104-a of the executive law relating thereto

PURPOSE:
To improve water quality by providing financing for residential and
small business on-site wastewater treatment systems.

SUMMARY OF PROVISIONS:
o Amends section 17-1909 of the Environmental Conservation Law,
sections 236, 237, 238, 240 and 242 of the State Finance Law and
repeal section 104-a of the Executive Law;

o Increase to $40 million the amount of funding available for
  linked loans under the Water Pollution Control linked Deposit
  Program;

o Authorize EFC to develop a program to provide grants for
  residential properties that meet the definition of "affordable
  workforce housing";

o Provide priority to projects that would help mitigate existing
  water quality impairment or avoid future water quality contamination;

o Revise the definitions for "eligible project" and "recipient";

o Require the Environmental Facilities corporation to increase the
  amount of Water Pollution Control Linked Deposit Program information
  available an its website.

JUSTIFICATION:
New York currently has an abundant supply of clean potable water.
Water is important for human health, but it is also a vital economic
resource for New York's residents and businesses, including water to
support agriculture, manufacturing and other industries, as well as
recreation in the State. On Long Island, the importance of water is
especially important because drinking water is provided by a sole
source aquifer. Once contaminated, the drinking water supply for 3
million people will disappear. This legislation will expand the
existing Water Pollution Control Linked Deposit Program to include
additional funding in order to help provide Long Island residents
with the tools they need to protect their drinking water.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None to the State. The Environmental Facilities Corporation (EFC) is a
State authority that receives funding primarily from its
administration of the State Clean Water and Drinking Water revolving
loan funds.

EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become
law.

2011-S7459 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7459

                            I N  S E N A T E

                              May 22, 2012
                               ___________

Introduced  by  Sen. LAVALLE -- 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,  the  state  finance
  law  and  the  public  authorities law, in relation to water pollution
  control linked loans; and to repeal section 104-a of the executive law
  relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph g of subdivision 1 and paragraph e of subdivision
2  of section 17-1909 of the environmental conservation law, paragraph g
of subdivision 1 as amended and paragraph e of subdivision 2 as added by
chapter 262 of the laws of 2007, are amended to read as follows:
  g. "Intended use plan" means the plan prepared pursuant to subdivision
two of this section, identifying the intended uses of the amounts avail-
able in the fund, including but not limited to:  (i)  a  list  of  those
projects  for  construction  of  publicly  owned  treatment works on the
priority list developed pursuant to subdivision  two  of  this  section;
(ii)  a  list  of projects developed pursuant to subdivision two of this
section anticipated to  be  financed  by  the  fund  through  the  water
pollution  control  linked  deposit  program; (iii) a description of the
short and long term goals and objectives of the fund;  (iv)  information
on  the  activities  to be supported, including a description of project
categories, discharge requirements under  the  Federal  Water  Pollution
Control  Act,  terms  of  financial  assistance,  and eligible borrowers
pursuant to the water pollution control linked deposit  program  served;
(v)  the  criteria and method established for the distribution of funds;
and (vi) the amount of moneys from the fund, not to exceed  [ten]  FORTY
million  dollars [annually,] to be made available for linked loans under
the water pollution control linked deposit  program  during  the  period
covered  by  such  intended  use plan.   IN ADDITION, A PORTION OF THOSE
MONIES MAY BE USED TO PROVIDE GRANTS  FOR  RESIDENTIAL  PROPERTIES  THAT
MEET  THE  DEFINITION  OF  "AFFORDABLE WORKFORCE HOUSING" IN SECTION SIX
HUNDRED NINETY-NINE-A OF THE GENERAL MUNICIPAL LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15844-01-2

S. 7459                             2

  e. For residential and small  business  on-site  wastewater  treatment
system projects funded through the water pollution control linked depos-
it  program,  [in consultation with the department of state,] the extent
to which the project will prevent an  increase  in  nutrients  in  water
bodies  or  the  extent  to  which  the project will enhance AND PROTECT
GROUNDWATER, source water or watershed protection.   PRIORITY  SHALL  BE
GIVEN  TO THOSE RESIDENTIAL AND SMALL BUSINESS ON-SITE WASTEWATER TREAT-
MENT SYSTEM PROJECTS THAT MAY HAVE IMPAIRED OR CONTAMINATED OR ARE LIKE-
LY TO IMPAIR OR CONTAMINATE A SOLE SOURCE  AQUIFER  PRIMARY  GROUNDWATER
RECHARGE  AREA OR PRIMARY WATER SUPPLY AREA AS SUCH TERMS ARE DEFINED IN
SECTION 15-0514 OF THIS CHAPTER WITH PREFERENCE BASED ON  PROJECTS  THAT
WILL  PROVIDE  THE GREATEST IMPROVEMENT TO IMPAIRED WATER BODIES SUCH AS
THOSE IDENTIFIED IN THE DEPARTMENT'S WATER  QUALITY  ASSESSMENT  PROGRAM
PURSUANT  TO  SECTION 303D OF THE FEDERAL CLEAN WATER ACT OR PROVIDE THE
GREATEST AMOUNT OF PROTECTION FOR WATER BODIES IN DANGER OF IMPAIRMENT.
  S 2. Subdivisions 2, 3, 10 and 11 of section 236 of the state  finance
law,  as added by chapter 262 of the laws of 2007, are amended and three
new subdivisions 2-a, 3-a and 10-a are added to read as follows:
  2. ["Eligible] PRIOR TO JANUARY FIRST, TWO THOUSAND THIRTEEN,  "ELIGI-
BLE  borrower"  means  any  recipient, including any entity receiving or
eligible to receive an agricultural assessment pursuant to article twen-
ty-five-AA of the agriculture and markets  law  and  any  individual  or
small  business  eligible  to  undertake  an eligible project related to
residential and small business on-site wastewater treatment systems.
  2-A.   EFFECTIVE  JANUARY  FIRST,  TWO  THOUSAND  THIRTEEN,  "ELIGIBLE
BORROWER"  MEANS ANY RECIPIENT, INDIVIDUAL OR SMALL BUSINESS ELIGIBLE TO
UNDERTAKE AN ELIGIBLE PROJECT RELATED TO RESIDENTIAL AND SMALL  BUSINESS
ON-SITE WASTEWATER TREATMENT SYSTEMS.
  3.  ["Eligible] PRIOR TO JANUARY FIRST, TWO THOUSAND THIRTEEN, "ELIGI-
BLE project" shall mean a project for the implementation of a management
program established under section 319 of  the  Federal  Water  Pollution
Control  Act related to agricultural operations, the upgrade or replace-
ment of residential and  small  business  on-site  wastewater  treatment
systems  with  a  system  approved  by  the state or local department of
health, or the abandonment of residential  and  small  business  on-site
wastewater  treatment  systems  [and]  OR  connection to a sewer, when a
sewer becomes available.
  3-A.   EFFECTIVE  JANUARY  FIRST,  TWO  THOUSAND  THIRTEEN,  "ELIGIBLE
PROJECT"  SHALL  MEAN  A  PROJECT FOR THE IMPLEMENTATION OF A MANAGEMENT
PROGRAM ESTABLISHED UNDER SECTION 319 OF  THE  FEDERAL  WATER  POLLUTION
CONTROL  ACT  RELATED  TO  THE UPGRADE OR REPLACEMENT OF RESIDENTIAL AND
SMALL BUSINESS  ON-SITE  WASTEWATER  TREATMENT  SYSTEMS  WITH  A  SYSTEM
APPROVED  BY THE STATE OR LOCAL DEPARTMENT OF HEALTH, OR THE ABANDONMENT
OF RESIDENTIAL AND SMALL BUSINESS ON-SITE WASTEWATER  TREATMENT  SYSTEMS
OR CONNECTION TO A SEWER, WHEN A SEWER BECOMES AVAILABLE.
  10.  ["Recipient"]  PRIOR  TO  JANUARY  FIRST,  TWO THOUSAND THIRTEEN,
"RECIPIENT" means any person which is: (a) an individual or small  busi-
ness which is eligible to undertake an eligible project related to resi-
dential  and small business on-site wastewater treatment systems; or (b)
an entity receiving or eligible to receive  an  agricultural  assessment
pursuant  to  article  twenty-five-AA of the agriculture and markets law
which is eligible to undertake an eligible project; or (c)  any  two  or
more  of  the  foregoing  which are acting jointly in connection with an
eligible project.
  10-A.   EFFECTIVE JANUARY FIRST, TWO  THOUSAND  THIRTEEN,  "RECIPIENT"
MEANS  ANY PERSON WHICH IS: (A) AN INDIVIDUAL OR SMALL BUSINESS WHICH IS

S. 7459                             3

ELIGIBLE TO UNDERTAKE AN ELIGIBLE PROJECT  RELATED  TO  RESIDENTIAL  AND
SMALL  BUSINESS  ON-SITE WASTEWATER TREATMENT SYSTEMS; OR (B) ANY TWO OR
MORE OF THE FOREGOING WHICH ARE ACTING JOINTLY  IN  CONNECTION  WITH  AN
ELIGIBLE PROJECT.
  11.  "Residential  and  small  business  on-site  wastewater treatment
system" means a system  serving  a  residence  or  small  business  that
provides  for  the  treatment  and/or  disposition of the combination of
human and sanitary waste with water [not exceeding one thousand  gallons
per day].
  S  3. Section 237 of the state finance law, as added by chapter 262 of
the laws of 2007, is amended to read as follows:
  S 237. Establishment  and  purpose;  water  pollution  control  linked
deposit program authorization. The water pollution control linked depos-
it  program is hereby created. The purpose of this program is to encour-
age and assist eligible borrowers within the state to undertake eligible
projects that reduce, control or prevent  water  pollution.  The  corpo-
ration  is hereby authorized to use funds in the water pollution control
revolving fund established pursuant to section  twelve  hundred  eighty-
five-j  of  the public authorities law not to exceed [ten] FORTY million
dollars [per fiscal year] for the water pollution control linked deposit
program.
  S 4. Section 238 of the state finance law, as added by chapter 262  of
the laws of 2007, is amended to read as follows:
  S 238. Linked loans. Linked loans shall be made by lenders pursuant to
the  program  only  to  eligible  borrowers  in connection with eligible
projects. No such loans shall be made  after  September  thirtieth,  two
thousand [eleven] TWENTY.  The credit decisions for making a linked loan
shall be made solely by the lender.
  S  5.  Section 240 of the state finance law is amended by adding a new
subdivision 3 to read as follows:
  3. THE CORPORATION SHALL PROVIDE NOTICE OF THE LINKED DEPOSIT  PROGRAM
IN  ITS  WRITTEN  MATERIAL  AND  ON  ITS  WEBSITE. THE CORPORATION SHALL
FURTHER NOTIFY MUNICIPALITIES OF THE AVAILABILITY  OF  THE  PROGRAM  FOR
ELIGIBLE BORROWERS.
  S  6.  Subdivision 2 of section 242 of the state finance law, as added
by chapter 262 of the laws of 2007, is amended to read as follows:
  2. On or before February first, two thousand ten, and annually  there-
after, the corporation shall submit to the governor, the temporary pres-
ident  of  the senate and the speaker of the assembly a report regarding
the activities of the programs. Such report shall include, but shall not
be limited to, the number and type of linked loans  under  each  of  the
programs  and the amount thereof INCLUDING THE NUMBER OF RESIDENTIAL AND
SMALL  BUSINESS  ON-SITE  WASTEWATER   TREATMENT   PROJECTS   OR   SEWER
CONNECTIONS MADE BY COUNTY, AND THE AMOUNTS THEREOF; the number and type
of  lenders making linked loans and of borrowers receiving linked loans;
the geographic distribution of such lenders and borrowers;  as  well  as
any  information  the  corporation  determines  useful in evaluating the
benefits of the programs.
  S 7. Section 243 of the state finance law, as added by chapter 262  of
the laws of 2007, is amended to read as follows:
  S  243. Rules and regulations.  The corporation [may] SHALL promulgate
rules and regulations necessary and reasonable for the operation of  the
programs.
  S 8. Section 104-a of the executive law is REPEALED.
  S  9.  The  public  authorities law is amended by adding a new section
1285-s to read as follows:

S. 7459                             4

  S 1285-S. WATER POLLUTION CONTROL LINKED LOANS. THE CORPORATION  SHALL
ESTABLISH  METHODS  TO  FACILITATE  LOANS  TO  ELIGIBLE BORROWERS AND TO
DEVELOP EDUCATIONAL MATERIALS FOR ELIGIBLE BORROWERS ABOUT  THE  LOW-IN-
TEREST LOANS AVAILABLE THROUGH THE WATER POLLUTION CONTROL LINKED DEPOS-
IT PROGRAM, ESTABLISHED BY ARTICLE SIXTEEN OF THE STATE FINANCE LAW, AND
TO  DEVELOP  AN  APPLICATION  FORM  TO BE PROVIDED TO LENDERS FOR LINKED
DEPOSIT LOAN REQUESTS. FOR RESIDENTIAL AND SMALL BUSINESS ON-SITE WASTE-
WATER TREATMENT SYSTEMS PROJECTS, THE CORPORATION SHALL  REQUIRE  OWNERS
OF  SUCH SYSTEMS TO SUBMIT THE RESULTS OF INSPECTIONS OF SUCH SYSTEMS AT
THE TIME OF AN APPLICATION FOR FINANCIAL ASSISTANCE PURSUANT TO  ARTICLE
SIXTEEN  OF  THE STATE FINANCE LAW. THE CORPORATION MAY PROMULGATE RULES
AND REGULATIONS NECESSARY  AND  REASONABLE  FOR  THE  OPERATION  OF  THE
PROGRAM,  INCLUDING  BUT  NOT LIMITED TO STANDARDS FOR THE INSPECTION OF
RESIDENTIAL AND SMALL BUSINESS ON-SITE WASTEWATER TREATMENT SYSTEMS.
  S 10. This act shall take effect on  the  one  hundred  eightieth  day
after  it  shall have become a law. Effective immediately, the addition,
amendment and/or repeal of any rule  or  regulation  necessary  for  the
implementation  of  this  act  on its effective date is authorized to be
made on or before such date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S7459

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2011-S7459 (ACTIVE) - Details

2011-S7459 (ACTIVE) - Summary

2011-S7459 (ACTIVE) - Sponsor Memo

2011-S7459 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2011-S7459

Senate Bill S7459

Share this bill

Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2011-S7459 (ACTIVE) - Details

2011-S7459 (ACTIVE) - Summary

2011-S7459 (ACTIVE) - Sponsor Memo

2011-S7459 (ACTIVE) - Bill Text download pdf

Comments