NY State Senate Bill 2017-S3774A

Archive: Last Bill Status - In Senate Committee Infrastructure And Capital Investment 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2018	print number 3774b
Jan 25, 2018	amend and recommit to infrastructure and capital investment
Jan 03, 2018	referred to infrastructure and capital investment
Jan 30, 2017	print number 3774a
Jan 30, 2017	amend and recommit to infrastructure and capital investment
Jan 26, 2017	referred to infrastructure and capital investment

Bill Amendments

Original

B (Active)

2017-S3774 - Details

See Assembly Version of this Bill:: A5824
Current Committee:: Senate Infrastructure And Capital Investment
Law Section:: Environmental Conservation

2017-S3774 - Summary

Enacts the "New York state water infrastructure relief act".

2017-S3774 - Sponsor Memo

                                 BILL NUMBER:  S3774

 TITLE OF BILL :

An act to enact the "New York state water infrastructure relief act"

 PURPOSE :

This bill establishes the "New York State Water Infrastructure Relief
Act" which seeks to assist municipalities finance water infrastructure
improvement projects

 SUMMARY OF PROVISIONS :

Section one establishes the short title of the bill, the "New York
State water infrastructure relief act."

Section two establishes definitions for "water quality infrastructure
project," "construction" and "municipality."

Section three states that (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 infrastructure projects; provided, however, that in any
such year that funds are made available pursuant to the clean water
bond act of 2017 for such purpose, no municipality shall receive more

than $5 million 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 60% of the project cost.

(c) A municipality may make an application for such financial
assistance payment, in a manner, form and timeframe and containing
such information 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) Requires the environmental facilities corporation to establish an
expedited emergency application and financial assistance payment
process for a municipality submitting an application. 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. The corporation shall review the applications on a
twenty-four hour a day, seven days a week basis to ensure virtually
immediate response. The corporation shall review and make a
determination of whether to approve or deny an emergency application,
and provide notice to the municipality within 48 hours of the receipt
of an application. Furthermore, within twenty-four hours of making a
determination on an emergency application, the corporation shall post
the reasons for its determination on its internet website. In the
event an emergency application is approved, the corporation shall
transmit the payment to the municipality within 72 hours of approval.
The denial of an application shall not bar the municipality from
submitting an application pursuant to subdivision (c) of this section
nor shall it be deemed to be a determination of the application
submitted pursuant to this subdivision.

(e) A municipality shall not be required to accept environmental
facilities corporation loan financing in order to obtain a financial
assistance payment if it can provide proof of having obtained similar
low cost financing or other funding from another source.

(f) In awarding such state financial assistance payments, the
environmental facilities corporation shall consider and give
preference to projects that result in the greatest water quality
improvement or greatest reduction in serious risk to public health.

Section four establishes the effective date.

 JUSTIFICATION :

All across New York State our sewer and wastewater infrastructure is
in serious need of repair and replacement. According to the New York
State Department of Environmental Conservation, at least one-quarter
of the sewage and wastewater treatment facilities are operating beyond
useful life expectance and relying on outdated, inadequate technology.
Without improvements in our infrastructure, New York's waterbodies are
in danger of severe degradation and our drinking water imperiled. A
report issued by the state DEC in 2008 indicated an investment of over
$36.2 billion was needed over a twenty year period to adequately
address our state's crumbling infrastructure and preserve water
quality. At this time, the Federal government has reduced funding
available for infrastructure and New York State has provided limited
resources to our municipalities to aid in the upgrade of this
infrastructure. As sewer and wastewater infrastructure continues to
age, the likelihood of emergent situations that put our drinking water
in jeopardy increases.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

 EFFECTIVE DATE :
This act shall take effect upon the approval of the electorate of the
clean water bond act of 2017.

2017-S3774 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3774
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Infrastructure and Capital
   Investment
 
 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
 inspection  and supervision thereof; and the engineering, architectural,
 legal, fiscal and economic investigations and studies, surveys, designs,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09346-01-7

 S. 3774                             2
 
 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  2017  for  such
 purpose, no municipality shall receive more than five 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 sixty 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
 this  section nor shall it be deemed to be a determination of the appli-
 cation submitted pursuant to such subdivision.

 S. 3774                             3
 
   (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 2017.

co-Sponsors

2017-S3774A - Details

See Assembly Version of this Bill:: A5824
Current Committee:: Senate Infrastructure And Capital Investment
Law Section:: Environmental Conservation

2017-S3774A - Summary

Enacts the "New York state water infrastructure relief act".

2017-S3774A - Sponsor Memo

                                 BILL NUMBER:  S3774A

 TITLE OF BILL :  An act to enact the "New York state water
infrastructure relief act"

 PURPOSE :

This bill establishes the "New York State water infrastructure relief
act" which seeks to assist municipalities finance water infrastructure
improvement projects

 SUMMARY OF PROVISIONS :

Section one establishes the short title of the bill, the "New York
State water infrastructure relief act.11

Section two establishes definitions for "water quality infrastructure
project," "construction" and "municipality."

Section three states that (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 infrastructure projects; provided, however, that in any
such year that funds are made available pursuant to the clean water
bond act of 2017 for such purpose, no municipality shall receive more
than $10 million 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 80% of the project cost.

(c) A municipality may make an application for such financial
assistance payment, in a manner, form and timeframe and containing
such information 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) Requires the environmental facilities corporation to establish an
expedited emergency application and financial assistance payment
process for a municipality submitting an application. 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. The corporation shall review the applications on a
twenty-four hour a day, seven days a week basis to ensure virtually
immediate response. The corporation shall review and make a
determination of whether to approve or deny an emergency application,
and provide notice to the municipality within 48 hours of the receipt
of an application. Furthermore, within twenty-four hours of making a
determination on an emergency application, the corporation shall post
the reasons for its determination on its internet website. In the
event an emergency application is approved, the corporation shall
transmit the payment to the municipality within 72 hours of approval.
The denial of an application shall not bar the municipality from
submitting an application pursuant to subdivision (c) of this section
nor shall it be deemed to be a determination of the application
submitted pursuant to this subdivision.

(e) A municipality shall not be required to accept environmental
facilities corporation loan financing in order to obtain a financial

assistance payment if it can provide proof of having obtained similar
low cost financing or other funding from another source.

(f) In awarding such state financial assistance payments, the
environmental facilities corporation shall consider and give
preference to projects that result in the greatest water quality
improvement or greatest reduction in serious risk to public health.

Section four establishes the effective date.

 JUSTIFICATION :

All across New York State our sewer and wastewater infrastructure is
in serious need of repair and replacement. According to the New York
State Department of Environmental Conservation (DEC), at least
one-quarter of the sewage and wastewater treatment facilities are
operating beyond useful life expectance and relying on outdated,
inadequate technology. Without improvements in our infrastructure, New
York's waterbodies are in danger of severe degradation and our
drinking water imperiled.

A report issued by the state DEC in 2008 indicated an investment of
over $36.2 billion was needed over a twenty year period to adequately
address our state's crumbling infrastructure and preserve water
quality. Recognizing the need for such improvements, New York State
created the "New York State Water Infrastructure Improvement Act of
2015" which provides over $200 million in funding for the replacement
and repair of wastewater and drinking water infrastructure. Federal
funding sources for water infrastructure improvements have a minimal
impact in addressing the New York's needs.

As sewer and wastewater infrastructure continues to age, the
likelihood of emergent situations that put our drinking water in
jeopardy increases. This bill establishes a mechanism by which
municipalities can access grant funds to assist in financing their
water infrastructure projects. Further, it is imperative to have a
procedure in place whereby municipalities and the state may access
funds in an expeditious manner to address the immediate needs of a
community. This legislation requires immediate action be taken to
provide emergency funding where warranted to protect our drinking and
clean water sources.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

Within the "clean water bond act of 2017."

 EFFECTIVE DATE :
This act shall take effect upon the approval of the electorate of the
clean water bond act of 2017.

2017-S3774A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3774--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Infrastructure and Capital
   Investment -- 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
 inspection  and supervision thereof; and the engineering, architectural,

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

                                                            LBD09346-02-7

 S. 3774--A                          2
 
 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  2017  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

 S. 3774--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 2017.

co-Sponsors

2017-S3774B (ACTIVE) - Details

See Assembly Version of this Bill:: A5824
Current Committee:: Senate Infrastructure And Capital Investment
Law Section:: Environmental Conservation

2017-S3774B (ACTIVE) - Summary

Enacts the "New York state water infrastructure relief act".

2017-S3774B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3774B

SPONSOR: MURPHY
 
TITLE OF BILL:

An act to enact the "New York state water infrastructure relief act"

 
PURPOSE:

This bill establishes the "New York State water infrastructure relief
act" which seeks to assist municipalities finance water infrastructure
improvement projects

 
SUMMARY OF PROVISIONS:

Section one establishes the short title of the bill, the "New York State
water infrastructure relief act."

Section two establishes definitions for "water quality infrastructure
project," "construction" and "municipality."

Section three states that (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 infrastructure projects; provided, however, that in any
such year that funds are made available pursuant to the clean water bond
act of 2017 for such purpose, no municipality shall receive more than
$10 million of such funds. Such financial assistance payments shall be
awarded only to water quality infrastructure projects for:  (1) replace-
ment, 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 80% of the project cost.

(c) A municipality may make an application for such financial assistance
payment, in a manner, form and timeframe and containing such information
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) Requires the environmental facilities corporation to establish an
expedited emergency application and financial assistance payment process
for a municipality submitting an application. Such process shall require
an applicant municipality to provide such evidence as shall be deter-
mined 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. The corporation
shall review the applications on a twenty-four hour a day, seven days a
week basis to ensure virtually immediate response. The corporation shall
review and make a determination of whether to approve or deny an emer-
gency application, and provide notice to the municipality within 48
hours of the receipt of an application. Furthermore, within twenty-four
hours of making a determination on an emergency application, the corpo-
ration shall post the reasons for its determination on its internet
website. In the event an emergency application is approved, the corpo-
ration shall transmit the payment to the municipality within 72 hours of
approval. The denial of an application shall not bar the municipality
from submitting an application pursuant to subdivision (c) of this
section nor shall it be deemed to be a determination of the application
submitted pursuant to this subdivision.

(e) A municipality shall not be required to accept environmental facili-
ties corporation loan financing in order to obtain a financial assist-
ance payment if it can provide proof of having obtained similar 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.

Section four establishes the effective date.

 
JUSTIFICATION:

All across New York State our sewer and wastewater infrastructure is in
serious need of repair and replacement. According to the New York State
Department of Environmental Conservation (DEC), at least one-quarter of
the sewage and wastewater treatment facilities are operating beyond
useful life expectance and relying on outdated, inadequate technology.
Without improvements in our infrastructure, New York's waterbodies are
in danger of severe degradation and our drinking water imperiled.

A report issued by the state DEC in 2008 indicated an investment of over
$36.2 billion was needed over a twenty year period to adequately address
our state's crumbling infrastructure and preserve water quality. Recog-
nizing the need for such improvements, New York State created the "New
York State Water Infrastructure Improvement Act of 2015" which provides
over $200 million in funding for the replacement and repair of wastewa-
ter and drinking water infrastructure. Federal funding sources for water
infrastructure improvements have a minimal impact in addressing the New
York's needs.

As sewer and wastewater infrastructure continues to age, the likelihood
of emergent situations that put our drinking water in jeopardy
increases. This bill establishes a mechanism by which municipalities can
access grant funds to assist in financing their water infrastructure
projects. Further, it is imperative to have a procedure in place whereby
municipalities and the state may access funds in an expeditious manner
to address the immediate needs of a community. This legislation requires
immediate action be taken to provide emergency funding where warranted
to protect our drinking and clean water sources.

 
LEGISLATIVE HISTORY:

2017: 3774A

 
FISCAL IMPLICATIONS:

Within the "clean water bond act of 2017."

 
EFFECTIVE DATE:
This act shall take effect upon the approval of the electorate of the
clean water bond act of 2018.

2017-S3774B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3774--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 Introduced  by  Sens. MURPHY, ADDABBO, AMEDORE, SERINO -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Infrastructure  and  Capital  Investment -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  recommitted  to  the  Committee on Infrastructure and Capital
   Investment in accordance with Senate  Rule  6,  sec.  8  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09346-04-8

 S. 3774--B                          2
 
 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
 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

 S. 3774--B                          3
 
 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
 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.

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Senate Bill S3774A

Sponsored By

Archive: Last Bill Status - In Senate Committee Infrastructure And Capital Investment Committee

Bill Amendments

2017-S3774 - Details

2017-S3774 - Summary

2017-S3774 - Sponsor Memo

2017-S3774 - Bill Text download pdf

co-Sponsors

2017-S3774A - Details

2017-S3774A - Summary

2017-S3774A - Sponsor Memo

2017-S3774A - Bill Text download pdf

co-Sponsors

2017-S3774B (ACTIVE) - Details

2017-S3774B (ACTIVE) - Summary

2017-S3774B (ACTIVE) - Sponsor Memo

2017-S3774B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3774A

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Sponsored By

Terrence Murphy

Archive: Last Bill Status - In Senate Committee Infrastructure And Capital Investment Committee

Bill Amendments

2017-S3774 - Details

2017-S3774 - Summary

2017-S3774 - Sponsor Memo

2017-S3774 - Bill Text download pdf

co-Sponsors

Joseph P. Addabbo Jr.

George Amedore

Susan Serino

2017-S3774A - Details

2017-S3774A - Summary

2017-S3774A - Sponsor Memo

2017-S3774A - Bill Text download pdf

co-Sponsors

Joseph P. Addabbo Jr.

George Amedore

Susan Serino

2017-S3774B (ACTIVE) - Details

2017-S3774B (ACTIVE) - Summary

2017-S3774B (ACTIVE) - Sponsor Memo

2017-S3774B (ACTIVE) - Bill Text download pdf

Comments