S T A T E O F N E W Y O R K
________________________________________________________________________
1399
2019-2020 Regular Sessions
I N A S S E M B L Y
January 15, 2019
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Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to establishing
the emergency water infrastructure repairs fund; and making an appro-
priation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public authorities law is amended by adding a new
section 1285-v to read as follows:
§ 1285-V. EMERGENCY WATER INFRASTRUCTURE REPAIRS FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE CUSTODY OF THE CORPORATION AN "EMERGENCY WATER
INFRASTRUCTURE REPAIRS FUND". THE PURPOSE OF THE FUND SHALL BE TO
PROVIDE FUNDING TO MUNICIPALITIES FOR THE EMERGENCY REPAIR OF ANY MUNIC-
IPAL WATER INFRASTRUCTURE.
2. FOR THE PURPOSES OF THIS SECTION, AND NOTWITHSTANDING ANY PROVISION
OF LAW TO THE CONTRARY, AS USED IN THIS SECTION:
(A) "EMERGENCY" MEANS A TEMPORARY CONDITION OF FAILURE OR INADEQUACY
OF THE WATER INFRASTRUCTURE OF A MUNICIPALITY RESULTING FROM STRESS OF
WEATHER, CONVULSION OF NATURE, FIRE, FAILURE OF POWER, MECHANICAL BREAK-
DOWN, BREAKAGE OR STOPPAGE OF MAINS AND OTHER PORTIONS OF THE WATER
SYSTEM OR SEWAGE SYSTEM;
(B) "FUND" MEANS THE EMERGENCY WATER INFRASTRUCTURE REPAIRS FUND
ESTABLISHED BY THIS SECTION;
(C) "SEWAGE SYSTEM" MEANS ANY PART OF A WASTEWATER DISPOSAL SYSTEM,
INCLUDING BUT NOT LIMITED TO ALL PIPING, DRAINS, SEWERS, SEPTIC TANKS,
DISTRIBUTION BOXES, ABSORPTION FIELDS, SEEPAGE PITS, CESSPOOLS, AND DRY
WELLS, OWNED AND OPERATED BY A MUNICIPALITY;
(D) "WATER INFRASTRUCTURE" MEANS THE SEWAGE SYSTEM AND WATER SYSTEM OF
A MUNICIPALITY; AND
(E) "WATER SYSTEM" MEANS AND INCLUDES ALL THE PIPES, PUMPING STATIONS,
ELEVATED TANKS AND OTHER STRUCTURES AND APPURTENANCES NECESSARY TO THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06359-01-9
A. 1399 2
DELIVERY OF WATER UNDER PRESSURE AND OWNED AND OPERATED BY A MUNICI-
PALITY.
3. MONEYS IN THE FUND SHALL BE SEGREGATED FROM ALL OTHER FUNDS OF OR
IN THE CUSTODY OF THE CORPORATION. MONEYS IN THE FUND SHALL BE USED FOR
ANY AUTHORIZED PURPOSE OF THE FUND AS PROVIDED AND IN ACCORDANCE WITH
THE PROVISIONS OF THIS SECTION.
4. THE SOURCES OF FUNDS SHALL CONSIST OF ALL MONEYS COLLECTED THERE-
FOR, OR MONEYS CREDITED, APPROPRIATED OR TRANSFERRED THERETO FROM ANY
OTHER FUND OR SOURCE PURSUANT TO LAW, OR ANY OTHER MONEYS MADE AVAILABLE
FOR THE PURPOSES OF THE FUND.
5. MONEYS IN THE FUND MAY BE INVESTED BY THE CORPORATION IN ACCORDANCE
WITH THIS TITLE AND PURSUANT TO GUIDELINES FROM TIME TO TIME ISSUED BY
THE CORPORATION.
6. A MUNICIPALITY MAY MAKE AN APPLICATION FOR FUNDING FOR EMERGENCY
REPAIRS, IN A MANNER, FORM AND TIMEFRAME AND CONTAINING SUCH INFORMATION
AS THE CORPORATION MAY REQUIRE. THE CORPORATION SHALL ESTABLISH SUCH
APPLICATION REQUIREMENTS AND AN EXPEDITED APPLICATION REVIEW PROCESS TO
PROVIDE FUNDS IN A TIMELY MANNER.
7. THE CORPORATION SHALL PROMULGATE REGULATIONS FOR THE PURPOSE OF
CARRYING OUT ITS RESPONSIBILITIES UNDER THIS SECTION.
§ 2. The legislature shall appropriate ten percent of any annual
appropriation for water and sewer infrastructure repairs to the emergen-
cy water infrastructure repairs fund as established pursuant to section
1285-v of the public authorities law.
§ 3. This act shall take effect immediately.