S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7521
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the public authorities law, the public health  law,  the
   New  York  State water infrastructure improvement act of 2017, and the
   real property tax law,  in relation to providing access to water qual-
   ity infrastructure improvement funding to water utilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  34 of section 1281 of the public authorities
 law, as added by chapter 413 of the laws of 1996, is amended to read  as
 follows:
   34.  "Recipient"  shall  mean  any  municipality,  public  utility, or
 person, including any individual, firm, partnership,  association,  not-
 for-profit corporation or other corporation organized and existing under
 the laws of the state or any other state which is empowered to construct
 and  operate  an  eligible  project, or any two or more of the foregoing
 which are  acting  jointly  in  connection  with  an  eligible  project;
 PROVIDED  ANY PROJECT BY A WATER UTILITY SHALL HAVE A CLEAR AND DEFINITE
 PUBLIC PURPOSE AND SHALL BENEFIT THE CUSTOMERS OF THE WATER SYSTEM.
   § 2.  Subdivision 10 of section 1160 of  the  public  health  law,  as
 added  by  chapter  413  of  the  laws  of 1996,   is amended to read as
 follows:
   10. "Recipient" means any municipality,  public  utility,  or  person,
 including any individual, firm, partnership, association, not-for-profit
 corporation  or  other corporation organized and existing under the laws
 of the state or any other state which  is  empowered  to  construct  and
 operate  an  eligible project, or any two or more of the foregoing which
 are acting jointly in connection with an eligible project; PROVIDED  ANY
 PROJECT  BY  A  WATER  UTILITY  SHALL  HAVE  A CLEAR AND DEFINITE PUBLIC
 PURPOSE AND SHALL BENEFIT THE CUSTOMERS OF THE WATER SYSTEM.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11508-01-3
 A. 7521                             2
              

 
   § 3. Paragraph a of subdivision 3 of section 6 of part T of chapter 57
 of the laws of 2017, constituting the New York State  water  infrastruc-
 ture improvement act of 2017, is amended to read as follows:
   a.  The  environmental  facilities  corporation  shall  undertake  and
 provide state financial assistance payments, from funds appropriated for
 such purpose, to municipalities AND WATER  UTILITIES  REGULATED  BY  THE
 PUBLIC  SERVICE  COMMISSION  in  support of water quality infrastructure
 projects provided, however, in any such year that funds are appropriated
 for such purpose, no municipality OR WATER UTILITY  shall  receive  more
 than  five  million  dollars of appropriated funds, AND ANY PROJECT BY A
 WATER UTILITY SHALL HAVE A CLEAR AND DEFINITE PUBLIC PURPOSE  AND  SHALL
 BENEFIT  THE CUSTOMERS OF THE WATER SYSTEM. Such state financial assist-
 ance payments shall be awarded  only  to  water  quality  infrastructure
 projects for:
   (i) replacement or repair of infrastructure; or
   (ii)  compliance  with  environmental and public health laws and regu-
 lations related to water quality.
   § 4. Subdivision 17 of section 102 of the real property  tax  law,  as
 amended  by  chapter  569  of  the  laws  of 1996, is amended to read as
 follows:
   17. "Special franchise"  means  the  franchise,  right,  authority  or
 permission  to  construct, maintain or operate in, under, above, upon or
 through any public street, highway, water or other public  place  mains,
 pipes, tanks, conduits, wires or transformers, with their appurtenances,
 for  conducting  water,  steam,  light, power, electricity, gas or other
 substance. For purposes of assessment and taxation a  special  franchise
 shall  include  the  value  of the tangible property situated in, under,
 above, upon or through any public street, highway, water or other public
 place in connection therewith. The  term  special  franchise  shall  not
 include  central  office  equipment  or station equipment (except public
 telephone terminal equipment) which first appears  on  assessment  rolls
 prepared  on  the  basis  of  taxable status dates occurring on or after
 October first, nineteen hundred ninety-five and  which  is  owned  by  a
 telephone  company  as defined in paragraph (d) of subdivision twelve of
 this section, or owned by a telephone corporation as defined in subdivi-
 sion seventeen of section two of the public service law and certified by
 the public service commission under section ninety-nine of such law, nor
 shall it include property of a  municipal  corporation,  public  benefit
 corporation  or  special  district, nor shall it include a crossing less
 than two hundred fifty feet in length of a public street, highway, water
 or other public place outside a city or village, unless such crossing be
 the continuation of an occupancy  of  another  public  street,  highway,
 water or other public place. FOR A WATER UTILITY, THE TERM SPECIAL FRAN-
 CHISE  SHALL  NOT INCLUDE THE VALUE OF WATER INFRASTRUCTURE IMPROVEMENTS
 FUNDED OR FINANCED THROUGH  THE  NEW  YORK  STATE  WATER  INFRASTRUCTURE
 IMPROVEMENT  ACT  OF 2017, OR THE DRINKING WATER REVOLVING FUND PURSUANT
 TO SECTION 1285-M OF THE PUBLIC AUTHORITIES LAW, PROVIDED THAT  ANY  TAX
 RELIEF  REALIZED  THROUGH SUCH EXEMPTION SHALL BE USED TO REDUCE CURRENT
 WATER RATES AND OFFSET FUTURE WATER RATE INCREASES.
   § 5. This act shall take effect immediately.