The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4350
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing  the  safe  water  infrastructure  action program for the
   purpose of making payments toward the replacement  and  rehabilitation
   of  certain  existing  drinking  water, storm water and sanitary sewer
   systems
 
   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. 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
 FACILITIES  CORPORATION,  SHALL PROMULGATE ALL NECESSARY RULES AND REGU-
 LATIONS TO CARRY OUT THE PROGRAM SO THAT AN  EQUITABLE  DISTRIBUTION  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02298-04-3

 S. 4350                             2
 
 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 immediately.