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.