S T A T E O F N E W Y O R K
________________________________________________________________________
5824--A
2017-2018 Regular Sessions
I N A S S E M B L Y
February 16, 2017
___________
Introduced by M. of A. SANTABARBARA, THIELE, SKARTADOS -- read once and
referred to the Committee on Environmental Conservation -- recommitted
to the Committee on Environmental Conservation in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to enact the "New York state water infrastructure relief act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "New York state water infrastructure relief act".
§ 2. For purposes of this act:
(a) "water quality infrastructure project" shall mean "sewage treat-
ment works", as defined in section 17-1903 of the environmental conser-
vation law; "eligible project", as defined in paragraphs (a), (b), (c)
and (e) of subdivision 4 of section 1160 of the public health law;
"stormwater collecting system", as defined in subdivision 27 of section
56-0101 of the environmental conservation law; or septic system.
(b) "construction" shall mean:
(1) for sewage treatment works, as defined in section 17-1903 of the
environmental conservation law;
(2) for eligible projects, as defined in section 1160 of the public
health law;
(3) for stormwater collecting systems, as defined in subdivision 27 of
section 56-0101 of the environmental conservation law the erection,
building, acquisition, alteration, reconstruction, improvement or exten-
sion of stormwater collecting systems; the inspection and supervision
thereof; and the engineering, architectural, legal, fiscal and economic
investigations and studies, surveys, designs, plans, working drawings,
specifications, procedures, and other actions necessary thereto; and
(4) for septic systems, the erection, building, acquisition, alter-
ation, reconstruction, improvement or extension of septic systems; the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09346-05-8
A. 5824--A 2
inspection and supervision thereof; and the engineering, architectural,
legal, fiscal and economic investigations and studies, surveys, designs,
plans, working drawings, specifications, procedures, and other actions
necessary thereto.
(c) "municipality" shall mean any county, city, town, village,
district corporation, county or town improvement district, school
district, Indian nation or tribe recognized by the state or the United
States with a reservation wholly or partly within the boundaries of New
York state, any public benefit corporation or public authority estab-
lished pursuant to the laws of New York or any agency of the state which
is empowered to construct and operate a water quality infrastructure
project, or any two or more of the foregoing which are acting jointly in
connection with a water quality infrastructure project.
§ 3. (a) The environmental facilities corporation shall undertake and
provide state financial assistance payments, from funds appropriated for
such purpose, to municipalities in support of water quality infrastruc-
ture projects; provided, however, that in any such year that funds are
made available pursuant to the clean water bond act of 2018 for such
purpose, no municipality shall receive more than ten million dollars of
such funds. Such financial assistance payments shall be awarded only to
water quality infrastructure projects for:
(1) replacement, updating, installation, construction or repair of
infrastructure; or
(2) compliance with environmental conservation and public health laws
and regulations related to water quality.
(b) Any financial assistance payment awarded pursuant to this act
shall not exceed eighty percent of the project cost.
(c) A municipality may make an application for such financial assist-
ance payment, in a manner, form and timeframe and containing such infor-
mation as the environmental facilities corporation may require;
provided, however, such requirements shall not include a requirement for
prior listing on the intended use plan.
(d) In addition to any application process and requirements that the
environmental facilities corporation may establish pursuant to subdivi-
sion (c) of this section, such corporation shall establish an expedited,
emergency application and financial assistance payment process for a
municipality submitting an application therefor. Such process shall
require an applicant municipality to provide such evidence as shall be
determined to be necessary by the environmental facilities corporation
to prove that there exists a serious and immediate risk to public health
or the environment which requires construction of the municipality's
water quality infrastructure project as soon as practicable. Such corpo-
ration shall accept and review such applications on a twenty-four hour a
day, seven days a week basis to ensure virtually immediate response
thereto. The environmental facilities corporation shall review and make
a determination of whether to approve or deny an emergency application,
and provide notice thereof to the municipality within 48 hours of the
receipt of such application. Furthermore, within 24 hours of making a
determination upon an emergency application, the environmental facili-
ties corporation shall post the reasons for the determination of
approval or denial on its internet website. In the event that an emer-
gency application is approved, the environmental facilities corporation
shall cause the financial assistance payment to be transmitted to the
municipality within 72 hours of such approval. The denial of a munici-
pality's emergency application shall not be deemed to bar such munici-
pality from submitting an application pursuant to subdivision (c) of
A. 5824--A 3
this section nor shall it be deemed to be a determination of the appli-
cation submitted pursuant to such subdivision.
(e) A municipality shall not be required to accept environmental
facilities corporation loan financing in order to obtain a financial
assistance payment pursuant to this act if it can provide proof of
having obtained similarly low cost financing or other funding from
another source.
(f) In awarding such state financial assistance payments, the environ-
mental facilities corporation shall consider and give preference to
projects that result in the greatest water quality improvement or great-
est reduction in serious risk to public health.
§ 4. This act shall take effect upon the approval of the electorate of
the clean water bond act of 2018.