Relates to cost recovery by municipalities and other recipients from responsible parties; ensures that responsible parties do not benefit from state assistance payments/grants made by the environmental facilities corporation to municipalities and recipients and unnecessarily burden taxpayers.
S T A T E O F N E W Y O R K
________________________________________________________________________
10374
I N A S S E M B L Y
May 4, 2020
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to cost recovery by
municipalities and other recipients from responsible parties and
ensures that responsible parties do not benefit from state assistance
payments or grants made by the environmental facilities corporation to
municipalities and recipients
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
1167-a to read as follows:
§ 1167-A. REIMBURSEMENT OF STATE ASSISTANCE PAYMENTS OR GRANTS MADE TO
MUNICIPALITY OR RECIPIENT; ADMISSIBILITY OF STATE ASSISTANCE PAYMENTS OR
GRANTS AS COLLATERAL SOURCE. 1. A MUNICIPALITY OR RECIPIENT THAT: (A)
RECEIVES A STATE ASSISTANCE PAYMENT/GRANT FROM THE CORPORATION FOR AN
ELIGIBLE PROJECT TO REMOVE CONTAMINANTS FROM DRINKING WATER OR WATER
SUPPLIES UNDER THIS TITLE, INCLUDING BUT NOT LIMITED TO STATE ASSISTANCE
PAYMENTS/GRANTS FOR REMOVING EMERGING CONTAMINANTS; (B) TAKES LEGAL
ACTION AGAINST A RESPONSIBLE PARTY TO RECOVER THE COSTS OF SUCH ELIGIBLE
PROJECT; AND (C) RECEIVES PAYMENT BY JUDGMENT, SETTLEMENT OR OTHERWISE
FROM SUCH RESPONSIBLE PARTY FOR THE COSTS FOR SUCH ELIGIBLE PROJECT,
SHALL REIMBURSE THE CORPORATION THE PORTION OF SUCH PAYMENT THAT IS IN
EXCESS OF (1) THE TOTAL COST OF THE PROJECT (INCLUDING, BUT NOT LIMITED
TO, THE CAPITAL COSTS AND OPERATING AND MAINTENANCE COSTS ASSOCIATED
THEREWITH FOR THE PERIOD DURING WHICH THE CONTAMINATION IS EXPECTED TO
PERSIST AND REQUIRE TREATMENT); AND (2) THE EXPENSES (INCLUDING, BUT NOT
LIMITED TO, ATTORNEYS' FEES AND LITIGATION COSTS AND EXPENSES) INCURRED
BY THE MUNICIPALITY OR RECIPIENT PURSUING RECOVERY OF SUCH COSTS FROM
RESPONSIBLE PARTIES, PROVIDED, HOWEVER, THAT THE MUNICIPALITY OR RECIPI-
ENT SHALL NOT REIMBURSE MORE THAN THE AMOUNT OF SUCH STATE ASSISTANCE
PAYMENT/GRANT FOR THE ELIGIBLE PROJECT.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING SECTION
FORTY-FIVE HUNDRED FORTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES,
EVIDENCE OF ANY STATE ASSISTANCE PAYMENT/GRANT FROM THE CORPORATION TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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