senate Bill S956

2021-2022 Legislative Session

Relates to reimbursement of state assistance payments or grants made to municipality or recipient

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 27, 2021 referred to health
delivered to assembly
passed senate
Apr 21, 2021 advanced to third reading
Apr 20, 2021 2nd report cal.
Apr 19, 2021 1st report cal.656
Jan 06, 2021 referred to health

Co-Sponsors

S956 (ACTIVE) - Details

See Assembly Version of this Bill:
A2620
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §1167-a, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
S8282, A10374

S956 (ACTIVE) - Summary

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.

S956 (ACTIVE) - Sponsor Memo

S956 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    956
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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