NY State Senate Bill 2021-S3968A

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to environmental conservation
Feb 10, 2021	print number 3968a
Feb 10, 2021	amend (t) and recommit to environmental conservation
Feb 01, 2021	referred to environmental conservation

Bill Amendments

Original

A (Active)

co-Sponsors

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2021-S3968 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §3-0322, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7551
2017-2018: S3292
2019-2020: S554
2023-2024: S4350
2025-2026: S1850

2021-S3968 - Summary

Establishes the safe water and infrastructure action program for the purpose of making payments toward the replacement and rehabilitation of certain existing local drinking water, storm water and sanitary sewer systems; applies to any county, city, town, village or public authority drinking water system, storm water system or sanitary sewer system within the state that is not under the maintenance and/or operational jurisdiction of a private entity.

2021-S3968 - Sponsor Memo

                                
 
BILL NUMBER: S3968

SPONSOR: HINCHEY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation seeks to create a water, sewer and storm water local
infrastructure funding program similar in scope to CHIPS.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section I. The environmental conservation law is amended by adding a new
section 3-0322 to read as follows:  3 § 3-0322. Safe Water and infras-
tructure Action Program (SWAP) I.  Establishes a program to make

payments towards the replacement and reconstruction of existing local
village, town, city or county municipally-owned and funded drinking
water, storm water and sanitary sewer systems in New York State; and
directs the commissioner to promulgate all rules and regulation under
this title.

2. Establishes the dates of payments

3. Establishes a distribution formula based upon the total length and
size of all pipelines and mains owned and operated by the municipality.

4. Establishes the use of a competitive bidding process for use of the
funds

5. Monies may be used to match any other state or federal funds for the
same purpose; and the remainder may be used for any existing drinking
water, storm water and sanitary sewer systems purchase and/or the acqui-
sition of materials for the repair and/or rehabilitation.

6. Establishes that these funds may be used to towards the consolidation
of municipal infrastructure.

7. Establishes the amount appropriated under this title as equal to that
of CHIPS.

Section 2. Effective Date.

 
JUSTIFICATION:

According to the federal government, 80% of all New York State water
infrastructure, specifically drinking water, storm water and sanitary
sewer, is in dire need of repair, replacement or rehabilitation.  These
costs are ever increasing, while local municipalities struggle with less
federal and state funding, as well as their tax cap being tied to the
Consumer Price Index rendering their revenue generation static.

Economic growth is completely dependent upon updated and sound infras-
tructure that can handle added capacity. New York State will simply not
be competitive unless we invest in our infrastructure to ensure it has
the capacity for increased commercial growth and residential popu-
lations, much less handle its current capacity. New businesses will not
invest in our state if they cannot depend on the infrastructure to serve
them.

This legislation seeks to give local municipalities the funding stream
they require to keep up with repairs and rehabilitation of their current
local infrastructure.

The formula for calculating the amount due to each municipality is based
on the length and size of the pipe. It should be noted that munici-
palities that have greater total pipe length and size of pipe will
correspond to older municipalities, particularly cities.

 
PRIOR LEGISLATIVE HISTORY:

06/12/18: S.3292A PASSED SENATE

06/12/18: S.3292A DELIVERED TO ASSEMBLY

06/12/18: S.3292A referred to environmental conservation 01/09/19:

S.554 REFERRED TO ENVIRONMENTAL CONSERVATION 01/08/20:

S.554 REFERRED TO ENVIRONMENTAL CONSERVATION

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3968 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3968
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sens. HINCHEY, TEDISCO, AKSHAR, BAILEY, BORRELLO, BOYLE,
   GALLIVAN, HELMING, JORDAN, O'MARA, PERSAUD, RITCHIE, SANDERS, SEPULVE-
   DA, SKOUFIS -- read twice and ordered printed, and when printed to  be
   committed to the Committee on Environmental Conservation
 
 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 3-0322 to read as follows:
 § 3-0322. 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 TWENTY-TWO,  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03476-01-1

 S. 3968                             2
 
 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  TWENTY-FIVE,  THERE  SHALL  BE
 DISTRIBUTED  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  TWENTY-FIVE,  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.

co-Sponsors

View additional co-sponsors

2021-S3968A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §3-0322, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7551
2017-2018: S3292
2019-2020: S554
2023-2024: S4350
2025-2026: S1850

2021-S3968A (ACTIVE) - Summary

2021-S3968A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3968A         REVISED 02/10/2021

SPONSOR: HINCHEY
 
TITLE OF BILL:

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
certain existing drinking water, storm water and sanitary sewer systems

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation seeks to create a water, sewer and storm water local
infrastructure funding program similar in scope to CHIPS.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section I. The environmental conservation law is amended by adding a new
section 3-0322 to read as follows:

1. § 3-0322. Safe Water and infrastructure Action Program (SWAP) I.

Establishes a program to make payments towards the replacement and
reconstruction of existing local village, town, city or county munici-
pally-owned and public authority funded drinking water, storm water and
sanitary sewer systems in New York State; and directs the commissioner
to promulgate all rules and regulation under this title.

2. Establishes the dates of payments

3. Establishes a distribution formula based upon the total length and
size of all pipelines and mains owned and operated by the municipality.

4. Monies may be used to match any other state or federal funds for the
same purpose; and the remainder may be used for any existing drinking
water, storm water and sanitary sewer systems purchase and/or the acqui-
sition of materials for the repair and/or rehabilitation.

5. Establishes that these funds may be used to towards the consolidation
of municipal infrastructure.

6. Establishes the amount appropriated under this title as equal to that
of CHIPS.

Section 2. Effective Date.

 
JUSTIFICATION:

According to the federal government, 80% of all New York State water
infrastructure, specifically drinking water, storm water and sanitary
sewer, is in dire need of repair, replacement or rehabilitation.  These
costs are ever increasing, while local municipalities struggle with less
federal and state funding, as well as their tax cap being tied to the
Consumer Price Index rendering their revenue generation static.

Economic growth is completely dependent upon updated and sound infras-
tructure that can handle added capacity. New York State will simply not
be competitive unless we invest in our infrastructure to ensure it has
the capacity for increased commercial growth and residential popu-
lations, much less handle its current capacity. New businesses will not
invest in our state if they cannot depend on the infrastructure to serve
them.

This legislation seeks to give local municipalities the funding stream
they require to keep up with repairs and rehabilitation of their current
local infrastructure.

The formula for calculating the amount due to each municipality is based
on the length and size of the pipe. It should be noted that munici-
palities that have greater total pipe length and size of pipe will
correspond to older municipalities, particularly cities.

 
PRIOR LEGISLATIVE HISTORY:

06/12/18: S.3292A PASSED SENATE
06/12/18: S.3292A DELIVERED TO ASSEMBLY
06/12/18: S.3292A referred to environmental conservation
01/09/19: S.554 REFERRED TO ENVIRONMENTAL CONSERVATION
01/08/20: S.554 REFERRED TO ENVIRONMENTAL CONSERVATION

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3968A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3968--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sens. HINCHEY, TEDISCO, AKSHAR, BAILEY, BORRELLO, BOYLE,
   GALLIVAN, HELMING, JORDAN, O'MARA, PERSAUD, RITCHIE, SANDERS, SEPULVE-
   DA, SKOUFIS -- read twice and ordered printed, and when printed to  be
   committed  to the Committee on Environmental Conservation -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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  certain  existing  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 3-0322 to read as follows:
 § 3-0322. 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 TWENTY-TWO, 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  DRINKING  WATER SYSTEM, STORM WATER SYSTEM OR SANITARY SEWER SYSTEM
 WITHIN THE STATE THAT IS UNDER THE MAINTENANCE AND/OR OPERATIONAL JURIS-
 DICTION OF A COUNTY, CITY, TOWN, VILLAGE OR PUBLIC AUTHORITY;  PROVIDED,
 HOWEVER,  THAT  SUCH  SYSTEM  SHALL  NOT BE UNDER THE MAINTENANCE AND/OR
 OPERATIONAL JURISDICTION OF  A  PRIVATE  ENTITY.  THE  COMMISSIONER,  IN
 CONJUNCTION WITH THE ENVIRONMENTAL FACILITIES CORPORATION, SHALL PROMUL-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03476-02-1

 S. 3968--A                          2
 
 GATE  ALL  NECESSARY  RULES  AND REGULATIONS 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 SUCH EXISTING 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  TWENTY-FIVE,  THERE  SHALL  BE
 DISTRIBUTED  AND  PAID  TO  COUNTIES, CITIES, TOWNS, VILLAGES AND PUBLIC
 AUTHORITIES 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, OR PUBLIC
 AUTHORITY.
   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,  VILLAGE OR PUBLIC AUTHORITY 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  TWENTY-FIVE,  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.

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Senate Bill S3968A

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

Bill Amendments

co-Sponsors

2021-S3968 - Details

2021-S3968 - Summary

2021-S3968 - Sponsor Memo

2021-S3968 - Bill Text download pdf

co-Sponsors

2021-S3968A (ACTIVE) - Details

2021-S3968A (ACTIVE) - Summary

2021-S3968A (ACTIVE) - Sponsor Memo

2021-S3968A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

Bill Amendments

co-Sponsors

2021-S3968 - Details

2021-S3968 - Summary

2021-S3968 - Sponsor Memo

2021-S3968 - Bill Text download pdf

co-Sponsors

2021-S3968A (ACTIVE) - Details

2021-S3968A (ACTIVE) - Summary

2021-S3968A (ACTIVE) - Sponsor Memo

2021-S3968A (ACTIVE) - Bill Text download pdf

Comments