S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7892
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 18, 2017
                                ___________
 
 Introduced  by M. of A. ENGLEBRIGHT, THIELE -- read once and referred to
   the Committee on Environmental Conservation
 
 AN ACT to amend the public authorities law, in relation  to  the  septic
   system replacement fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (a) of subdivision 2 and subdivision 3 of section
 1285-u of the public authorities law, as added by section 9 of part T of
 chapter 57 of the laws of 2017, are amended to read as follows:
   (a) There is hereby created the state septic system replacement  fund,
 which  shall  be  administered  by the corporation to reimburse property
 owners OR AT THE WRITTEN REQUEST OF A PROPERTY OWNER, THE SEPTIC  SYSTEM
 INSTALLER  CONTRACTED  BY THE PROPERTY OWNER, for up to fifty percent of
 the  eligible  costs  incurred  for  eligible  septic  system  projects,
 provided  that no property owner shall be reimbursed more than ten thou-
 sand dollars AND NO SEPTIC SYSTEM INSTALLER MAY BE REIMBURSED MORE  THAN
 TEN THOUSAND DOLLARS PER PROPERTY.
   3.  (a) A participating county shall notify property owners who may be
 eligible to participate in the program.  Determinations  of  eligibility
 will  be made by the participating county based on the published program
 criteria and consideration of a property's location  in  relation  to  a
 waterbody, impacts to groundwater used as drinking water, and the condi-
 tion of the property owner's current septic system as determined by:
   (i) the county health department official; or
   (ii)  other  designated  authority  having  jurisdiction,  pursuant to
 septic inspections required by a municipal separate storm  sewer  system
 permit; or
   (iii)  a  septic contractor pursuant to the applicable county sanitary
 code PROVIDED, HOWEVER, IN CASES WHERE A PROPERTY OWNER  HAS  AUTHORIZED
 IN WRITING SUCH CONTRACTOR TO RECEIVE REIMBURSEMENT DIRECTLY, ADDITIONAL
 VERIFICATION SHALL BE REQUIRED.

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

                                                            LBD11639-01-7

 A. 7892                             2
 
   (b)  An  owner  of  property served by a septic system or cesspool may
 apply to a participating county on an application substantially  in  the
 form provided by the corporation.
   (c) Property owners in participating counties must have signed a prop-
 erty  owner  participation agreement with the county before the start of
 the design phase to be eligible for reimbursement  from  the  fund.  The
 agreement  must be substantially in the form provided by the corporation
 and include, without limitation, the program's goals, guidelines, eligi-
 bility requirements and reimbursement procedures.
   (d) A property owner may apply for reimbursement of eligible costs  by
 submitting  to  the  participating  county  a reimbursement application,
 which must include at least:
   (i) a signed property owner participation agreement;
   (ii) a completed reimbursement application form substantially  in  the
 form provided by the corporation;
   (iii) any applicable design approval for the septic system project;
   (iv) description of all work completed; [and]
   (v)  cost documentation and invoice or invoices for eligible costs[.];
 AND
   (VI) ANY WRITTEN  AUTHORIZATION  FOR  A  SEPTIC  SYSTEM  INSTALLER  TO
 RECEIVE REIMBURSEMENT DIRECTLY.
   (e)  Participating  counties  will  be responsible for reviewing their
 property owners' applications and approving, modifying  or  denying  the
 reimbursement requests as appropriate and issuing reimbursement payments
 to property owners from financial assistance payments made to the county
 from the fund.
   (f)  Participation  in  this program and the receipt of payments shall
 not prevent participating counties from providing additional  reimburse-
 ment to property owners.
   (g)  Subject  to the limitations of paragraph (d) of this subdivision,
 the county may set graduated incentive reimbursement  rates  for  septic
 system projects to maximize pollution reduction outcomes.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as section 9 of part T of chapter 57 of the laws of  2017,  takes
 effect.