Assembly Bill A5851

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5851
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  LEVENBERG  --  read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing the wastewater infrastructure and drinking water program;
   and making an appropriation therefor

   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. WASTEWATER INFRASTRUCTURE AND DRINKING WATER PROGRAM.
   1.  NOTWITHSTANDING  ANY OTHER PROVISIONS OF THIS CHAPTER OR ANY OTHER
 LAW, RULE OR REGULATION, 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 WASTE-
 WATER INFRASTRUCTURE AND DRINKING WATER PROGRAM  IS  HEREBY  ESTABLISHED
 FOR  THE PURPOSE OF MAKING PAYMENTS TOWARD THE REPLACEMENT AND REHABILI-
 TATION 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 MAIN-
 TENANCE AND/OR OPERATIONAL JURISDICTION 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 ENTI-
 TY. THE COMMISSIONER, IN CONJUNCTION WITH THE  ENVIRONMENTAL  FACILITIES
 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 SUCH
 EXISTING DRINKING WATER SYSTEM, STORM WATER  SYSTEM  OR  SANITARY  SEWER
 SYSTEM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10009-01-3
 A. 5851                             2
              

 
   2.  SUCH  PROGRAM SHALL OFFER GRANTS TO MUNICIPALITIES TO HELP PAY FOR
 THE INITIAL PLANNING  OF  ELIGIBLE  CLEAN  WATER  STATE  REVOLVING  FUND
 (CWSRF) WATER QUALITY PROJECTS.
   3.  FUNDING  MAY  BE  USED BY MUNICIPALITIES FOR THE PREPARATION OF AN
 ENGINEERING REPORT. THIS INCLUDES PLANNING ACTIVITIES TO  DETERMINE  THE
 SCOPE  OF  WATER  QUALITY  ISSUES,  EVALUATION  OF ALTERNATIVES, AND THE
 RECOMMENDATION OF A CAPITAL IMPROVEMENT PROJECT. IN ADDITION, THE  COSTS
 TO  CONDUCT  AN ENVIRONMENTAL REVIEW FOR THE RECOMMENDED ALTERNATIVE ARE
 ELIGIBLE. DESIGN AND CONSTRUCTION COSTS ARE NOT ELIGIBLE. PRIORITY SHALL
 BE GIVEN TO MUNICIPALITIES PROPOSING PLANNING ACTIVITIES THAT ARE:
   (A) REQUIRED BY AN EXECUTED ORDER ON CONSENT; OR
   (B) REQUIRED BY A DRAFT OR FINAL STATE POLLUTANT DISCHARGE ELIMINATION
 SYSTEM (SPDES) PERMIT (E.G. NUTRIENT REMOVAL, INFLOW  AND  INFILTRATION,
 DISINFECTION); OR
   (C) UPGRADING OR REPLACING AN EXISTING WASTEWATER SYSTEM; OR
   (D)  CONSTRUCTING  A WASTEWATER TREATMENT AND/OR COLLECTION SYSTEM FOR
 AN AREA WITH FAILING ONSITE SEPTIC SYSTEMS; OR
   (E) ADDRESSING A POLLUTANT OF CONCERN IN  A  WATERSHED  IMPLEMENTATION
 PLAN (I.E. TOTAL MAXIMUM DAILY LOAD (TMDL), NINE ELEMENT WATERSHED PLAN,
 OR DEC HABS ACTION PLAN).
   §  2.  The sum of six million dollars ($6,000,000) is hereby appropri-
 ated to the department of environmental conservation out of  any  moneys
 in  the  state treasury in the general fund, not otherwise appropriated,
 and made immediately available, for the purposes of providing  emergency
 municipal  drinking  water,  wastewater  and  storm water infrastructure
 grants for infrastructure projects where there is an imminent threat  to
 the  environment and/or the public health, specifically for the wastewa-
 ter infrastructure and drinking water  program.  Such  moneys  shall  be
 payable  on  the audit and warrant of the comptroller on vouchers certi-
 fied or approved by the department of environmental conservation.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.