S T A T E O F N E W Y O R K
________________________________________________________________________
7551
I N S E N A T E
May 9, 2016
___________
Introduced by Sen. BOYLE -- 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 consolidated local infrastructure 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:
Section 1. The environmental conservation law is amended by adding a
new section 3-0321 to read as follows:
S 3-0321. CONSOLIDATED LOCAL INFRASTRUCTURE PROGRAM (CLIPS).
1. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER OR ANY OTHER
LAW AND SUBJECT TO AN APPROPRIATION MADE THEREFOR AND IN ACCORDANCE WITH
THE PROVISIONS OF THIS SECTION AND WITH THE RULES AND REGULATIONS
PROMULGATED BY THE COMMISSIONER IN CONNECTION THEREWITH, ON AND AFTER
THE FIRST DAY OF APRIL, TWO THOUSAND SEVENTEEN, A CONSOLIDATED LOCAL
INFRASTRUCTURE PROGRAM IS HEREBY ESTABLISHED 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. FOR PURPOSES OF THIS SECTION, SUCH PROGRAM SHALL APPLY TO
ANY COUNTY, CITY, TOWN OR VILLAGE DRINKING WATER SYSTEM, STORM WATER
SYSTEM OR SANITARY SEWER SYSTEM WITHIN THE STATE THAT IS NOT UNDER THE
MAINTENANCE AND/OR OPERATIONAL JURISDICTION OF THE STATE NOR ANY PRIVATE
ENTITY. THE COMMISSIONER SHALL PROMULGATE ALL NECESSARY RULES AND REGU-
LATIONS TO CARRY OUT THE PROGRAM SO THAT AN EQUITABLE DISTRIBUTION OF
AID SHALL BE MADE FOR THE GENERAL OPERATION AND/OR GENERAL MAINTENANCE
OF ANY EXISTING COUNTY, CITY, TOWN AND VILLAGE DRINKING WATER SYSTEM,
STORM WATER SYSTEM OR SANITARY SEWER SYSTEM.
2. ON OR BEFORE THE TWENTY-FIFTH DAY OF APRIL, JUNE, SEPTEMBER AND
NOVEMBER OF EACH STATE FISCAL YEAR COMMENCING WITH THE STATE FISCAL YEAR
BEGINNING ON APRIL FIRST, TWO THOUSAND SEVENTEEN, THERE SHALL BE
DISTRIBUTED AND PAID TO COUNTIES, CITIES, TOWNS AND VILLAGES AN AMOUNT
EQUAL TO THE MONEYS APPROPRIATED FOR THE PURPOSES OF THIS SECTION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14609-01-6
S. 7551 2
DIVIDED BY THE NUMBER OF PAYMENT DATES IN THAT STATE FISCAL YEAR. SUCH
AMOUNTS SHALL BE DISTRIBUTED AND PAID PURSUANT TO SUBDIVISION THREE OF
THIS SECTION.
3. AMOUNTS SHALL BE DISTRIBUTED FOR LOCAL DRINKING WATER, STORM WATER
AND SANITARY SEWER SYSTEMS BASED UPON THE TOTAL LENGTH AND AGE OF ALL
PIPELINES AND MAINS OWNED AND OPERATED BY THE MUNICIPALITY.
4. FUNDS ALLOCATED FOR THE REPLACEMENT AND REHABILITATION OF EXISTING
LOCAL INFRASTRUCTURE UNDER THIS SUBDIVISION SHALL BE USED TO UNDERTAKE
WORK ON A PROJECT EITHER WITH THE MUNICIPALITY'S OWN FORCES OR BY
CONTRACT, PROVIDED HOWEVER, THAT WHENEVER THE ESTIMATE FOR THE
CONSTRUCTION CONTRACT WORK EXCEEDS ONE HUNDRED THOUSAND DOLLARS BUT DOES
NOT EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS SUCH WORK MUST BE
PERFORMED EITHER WITH THE MUNICIPALITY'S OWN FORCES OR BY CONTRACT LET
BY COMPETITIVE BID IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE
HUNDRED THREE OF THE GENERAL MUNICIPAL LAW AND PROVIDED FURTHER, HOWEV-
ER, THAT WHENEVER THE ESTIMATE FOR THE CONSTRUCTION CONTRACT WORK
EXCEEDS TWO HUNDRED FIFTY THOUSAND DOLLARS SUCH WORK MUST BE PERFORMED
BY CONTRACT LET BY COMPETITIVE BID IN ACCORDANCE WITH THE PROVISIONS OF
SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW.
5. MONIES MADE AVAILABLE MAY BE USED TO MATCH OTHER STATE AND FEDERAL
FUNDS MADE AVAILABLE FOR SUCH PROJECTS. THE REMINDER OF THE APPORTION-
MENT MAY BE USED FOR ANY EXISTING DRINKING WATER, STORM WATER OR SEWER
SYSTEM PURCHASES, INCLUDING BUT NOT LIMITED TO, THE ACQUISITION OF MATE-
RIALS FOR THE REPLACEMENT AND REHABILITATION.
6. FOR ANY CITY, TOWN, OR VILLAGE WHICH PROPOSES INFRASTRUCTURE
CONSOLIDATION UNDER THIS SECTION OR MERGES WITH ANOTHER MUNICIPALITY,
THE FUNDS APPROPRIATED UNDER THIS SECTION MAY FUND COSTS ASSOCIATED WITH
SUCH CONSOLIDATION.
7. FOR EACH FISCAL YEAR, STARTING IN TWO THOUSAND SEVENTEEN, THE FUNDS
TO BE MADE AVAILABLE TO THE LOCAL INFRASTRUCTURE ASSISTANCE ACCOUNT OF
THE GENERAL FUND, AND DISTRIBUTED FROM THAT ACCOUNT, IN AN AMOUNT THAT
IS AT LEAST EQUAL TO THOSE APPROPRIATED AND MADE AVAILABLE IN THE
CONSOLIDATED LOCAL STREET AND HIGHWAY IMPROVEMENT PROGRAM (CHIPS).
S 2. This act shall take effect immediately.