S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3133--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. STECK, McMAHON, LUPARDO -- read once and referred
   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
 
   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 article 76 to read as follows:
                                ARTICLE 76
               SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM
 SECTION 76-0101. SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM.
 § 76-0101. 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-FOUR, 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; PROVIDED FURTHER, HOWEVER,
 THAT  SUCH PROGRAM SHALL NOT APPLY TO A SYSTEM THAT IS UNDER THE MAINTE-
 NANCE AND/OR OPERATIONAL JURISDICTION OF A CITY WITH A POPULATION OF ONE
 MILLION OR MORE. THE COMMISSIONER, IN CONJUNCTION WITH THE ENVIRONMENTAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02298-07-3
              

 A. 3133--A                          2
 
 FACILITIES CORPORATION, SHALL PROMULGATE ALL NECESSARY RULES  AND  REGU-
 LATIONS  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 SANI-
 TARY SEWER SYSTEM.  EXISTING WATER INFRASTRUCTURE INCLUDES ALL THE  MAN-
 MADE AND NATURAL FEATURES THAT MOVE AND TREAT WATER IN TERMS OF DRINKING
 WATER,  WASTE  WATER, AND STORM WATER. MONIES FROM THIS FUND MAY BE USED
 FOR MAINTENANCE AND REPAIRS OF EXISTING WATER INFRASTRUCTURE AS WELL  AS
 NEW  WATER  INFRASTRUCTURE  EXPANSION,  BUT  ONLY INTO ALREADY DEVELOPED
 AREAS SO AS NOT TO SUPPORT SPRAWL  AND  DEVELOPMENT  OF  NATURAL  AREAS.
 ALREADY  DEVELOPED  AREAS  ARE  THOSE  THAT ARE ZONED/DEFINED BY MUNICI-
 PALITIES AS OF JANUARY FIRST, TWO THOUSAND  TWENTY-THREE  AS  COMMERCIAL
 AND RESIDENTIAL USE.
   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 A FUNDING FORMULA THAT THE DEPART-
 MENT AND THE DEPARTMENT OF HEALTH SHALL CREATE TAKING INTO CONSIDERATION
 FACTORS INCLUDING BUT NOT LIMITED TO:  THE SYSTEM'S LENGTH AND WIDTH  OF
 PIPES;  OTHER PHYSICAL ASSETS MAINTAINED BY THE SYSTEM, INCLUDING TREAT-
 MENT FACILITIES AND PUMPING STATIONS; THE AGE OF  THE  SYSTEM'S  INFRAS-
 TRUCTURE;  AND RELEVANT SOCIOECONOMIC FACTORS, INCLUDING THE PRESENCE OF
 DISADVANTAGED COMMUNITIES WITHIN A SYSTEM'S SERVICE AREA, TO ACHIEVE  AN
 EQUITABLE DISTRIBUTION OF AID.
   4.  MONIES MADE AVAILABLE MAY BE USED TO MATCH OTHER STATE AND FEDERAL
 FUNDS MADE AVAILABLE FOR SUCH PROJECTS.  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.
   7. AT THE END OF EACH FISCAL YEAR, EACH COUNTY,  CITY,  TOWN,  VILLAGE
 AND  PUBLIC  AUTHORITY  THAT  RECEIVES  FUNDING PURSUANT TO THIS SECTION
 SHALL SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT DETAILING HOW SUCH MONEY
 WAS USED. THE DEPARTMENT SHALL COMPILE ALL REPORTS AND  SUBMIT  THEM  TO
 THE  COMPTROLLER  FOR THEIR REVIEW. ONCE A REPORT IS FINALIZED, IT SHALL
 BE MADE PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE.  THE  DEPARTMENT
 AND  THE  COMPTROLLER SHALL RESERVE THE RIGHT TO CONDUCT SIGHT VISITS TO
 ENSURE THE MONEY IS BEING USED ACCURATELY.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.