S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3292--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by Sens. TEDISCO, BAILEY, BOYLE, CARLUCCI, CROCI, DeFRANCIS-
   CO, GALLIVAN, ROBACH, SANDERS -- read twice and ordered  printed,  and
   when printed to be committed to the Committee on Environmental Conser-
   vation  --  recommitted to the Committee on Environmental Conservation
   in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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 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:
 § 3-0321. SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM.
   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  NINETEEN,  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, IN CONJUNCTION WITH THE ENVIRONMENTAL  FACILI-
 TIES  CORPORATION,  SHALL PROMULGATE ALL NECESSARY RULES AND REGULATIONS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07680-04-8

 S. 3292--A                          2
 
 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 NINETEEN, THERE SHALL BE DISTRIB-
 UTED AND PAID TO COUNTIES, CITIES, TOWNS AND VILLAGES AN AMOUNT EQUAL TO
 THE MONEYS APPROPRIATED FOR THE PURPOSES OF THIS SECTION 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 WIDTH OF  ALL
 PIPELINES AND MAINS OWNED AND OPERATED BY THE MUNICIPALITY.
   4.  MONIES MADE AVAILABLE MAY BE USED TO MATCH OTHER STATE AND FEDERAL
 FUNDS MADE AVAILABLE FOR SUCH PROJECTS.  THE FUNDS MAY ALSO BE  USED  TO
 SUPPORT SPECIAL IMPROVEMENT DISTRICTS CREATED TO PROVIDE DRINKING WATER,
 WASTE  WATER  AND  STORM WATER SERVICES UNDER ARTICLES TWELVE, TWELVE-A,
 TWELVE-C AND THIRTEEN OF THE TOWN LAW.  THE REMAINDER 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 OR REHABILITATION.
   5. 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.
   6. FOR EACH FISCAL YEAR, STARTING IN TWO THOUSAND NINETEEN, FUNDS  ARE
 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).
   § 2. This act shall take effect immediately.