S T A T E   O F   N E W   Y O R K
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                                   1399
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 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.