S T A T E   O F   N E W   Y O R K
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                                   8163
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 2, 2025
                                ___________
 
 Introduced  by  M.  of  A.  GONZALEZ-ROJAS,  GLICK,  BURDICK, LEVENBERG,
   KELLES, EPSTEIN, SIMONE, SHIMSKY, GALLAGHER, SIMON,  DE LOS SANTOS  --
   read once and referred to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law and the state finance
   law, in relation to establishing the public water justice act

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be  cited  as  the  "public
 water justice act".
   §  2.  Legislative  findings  and intent. The legislature hereby finds
 that:
   1. The waters of the state are held by the state as sovereign  and  in
 public trust for the benefit of the people of the state of New York.
   2.  As  trustee,  the  state of New York shall protect and sustain the
 integrity of flows, levels, and quality of water, fish and aquatic habi-
 tat for the use and enjoyment by citizens now and in the future.
   3. As trustee, and based on  the  paramount  public  interest  in  the
 waters  of  the state and public health of its citizens, the state shall
 provide for and protect the right of  access  to  safe  drinking  water,
 water  sources,  public  water supply, public waterworks and infrastruc-
 ture, public health, and fishing, navigation, recreation,  conservation,
 and  the  reasonable  use  of  water in connection with the ownership or
 lawful occupancy of land, not limited to domestic, agricultural, commer-
 cial, industrial and public utility uses.
   § 3. Section 15-0109 of the environmental conservation law is  amended
 to read as follows:
 § 15-0109. General jurisdiction.
   The department shall exercise its powers and perform its duties in any
 matter  affecting the construction of improvements to or developments of
 water resources for the public health, safety or welfare, including  but
 not  limited  to  the  supply  of potable waters for the various munici-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08602-01-5
              

 A. 8163                             2
 
 palities and inhabitants thereof,  the  use  of  water  for  industrial,
 COMMERCIAL,  and  agricultural operations, the developed and undeveloped
 water power of the state, the facilitation of proper  drainage  and  the
 regulation of flow and improvement of the rivers of the state.
   §  4.  Subdivisions  13 and 16 of section 15-1502 of the environmental
 conservation law, as added by chapter 401  of  the  laws  of  2011,  are
 amended and fifteen new subdivisions 17, 18, 19, 20, 21, 22, 23, 24, 25,
 26, 27, 28, 29, 30 and 31 are added to read as follows:
   13.  "Public  water  supply system" shall mean a permanently installed
 water withdrawal  system  including  its  source,  collection,  pumping,
 treatment,  transmission,  storage  and  distribution facilities used in
 connection with such system, which provides piped potable water  to  the
 public  for  potable  purposes, if such system has at least five service
 connections used by year-round residents, A SYSTEM THAT CONSISTS  SOLELY
 OF CUSTOMER SITE PIPING.
   16.  "Withdrawal"  or  "withdrawal of water" shall mean the removal or
 taking of water for any purpose from the waters of the state,  INCLUDING
 SURFACE WATER OR GROUND WATER.
   17. "AFFORDABILITY" MEANS MEASURES OR OTHER ASSISTANCE TO ASSURE EQUAL
 ACCESS  TO  ADEQUATE CLEAN, SAFE WATER AND SANITATION, WITHOUT DISCRIMI-
 NATION, INTERFERENCE OR INEQUITABLE OR UNJUST TERMINATION OF  THE  RIGHT
 OF  ACCESS  TO WATER BY ANY PERSON OR HOUSEHOLD OF PERSONS WITH INSUFFI-
 CIENT INCOME FROM HARDSHIP OR DISABILITY TO PAY THE FULL RATE  OR  PRICE
 FOR  ACCESS  TO  A MINIMUM WATER SUPPLY TO PROTECT HEALTH AND SANITATION
 FOR THEIR DWELLING.
   18. "APPLICANT" MEANS A PERSON, CORPORATION, OR OTHER ORGANIZATION  OR
 ENTITY APPLYING FOR A LICENSE UNDER THIS SECTION FOR THE SALE OF BOTTLED
 WATER.
   19.  "CUSTOMER SERVICE CONNECTION" MEANS THE PIPE BETWEEN A WATER MAIN
 AND CUSTOMER SITE PIPING OR BUILDING PLUMBING SYSTEM.
   20. "CUSTOMER SITE PIPING" MEANS AN UNDERGROUND PIPING SYSTEM OWNED OR
 CONTROLLED BY A CUSTOMER THAT CONVEYS WATER FROM SUCH CUSTOMER'S CUSTOM-
 ER SERVICE CONNECTION TO BUILDING PLUMBING SYSTEMS AND OTHER  POINTS  OF
 USE  ON  LANDS  OWNED  OR  CONTROLLED  BY  SUCH CUSTOMER. "CUSTOMER SITE
 PIPING" SHALL NOT INCLUDE ANY  SYSTEM  THAT  INCORPORATES  TREATMENT  TO
 PROTECT PUBLIC HEALTH.
   21.  "DISADVANTAGED  COMMUNITY" SHALL MEAN SUCH COMMUNITIES AS IDENTI-
 FIED PURSUANT TO SECTION 75-0111 OF THIS CHAPTER.
   22. "DIVERSION" MEANS THE TRANSFER OF WATER BY ANY MEANS, INCLUDING IN
 A CONTAINER INTENDED FOR AN  IMMEDIATE  OR  END-USE  CONSUMER  FROM  ITS
 SOURCE IN ONE LAKE OR WATERSHED TO ANOTHER LAKE OR WATERSHED.
   23. "PERMITTEE" MEANS THE HOLDER OF A LICENSE UNDER SECTION 15-1503 OF
 THIS TITLE.
   24.  "ROYALTY  FEE"  MEANS  COMPENSATION TO THE STATE FOR THE AUTHORI-
 ZATION OF A PERMIT TO ALLOW A WITHDRAWAL, DIVERSION OR TRANSFER  BY  ANY
 PERSON FROM THE SOVEREIGN WATERS OF THE STATE FOR THE PURPOSE OF PRODUC-
 ING  AND PACKAGING WATER FOR THE SALE OF BOTTLED WATER UNDER SUBDIVISION
 TWO-A OF SECTION 15-1503 OF THIS TITLE.
   25. "SALE OF WATER" MEANS THE PRODUCTION,  PACKAGING  OR  DELIVERY  OF
 WATER FROM A WATER SOURCE OR PUBLIC WATER SUPPLY SYSTEM IN CONTAINERS OR
 BY ANY OTHER MEANS IN EXCHANGE FOR MONEY OR OTHER CONSIDERATION.
   26.  "SALE OF BOTTLED WATER" MEANS WATER WITHDRAWN FROM A WATER SOURCE
 OR PUBLIC WATER SUPPLY SYSTEM AND TRANSFERRED OR DIVERTED TO A PLANT  OR
 OTHER  FACILITY  FOR  THE SALE OF WATER IN A CONTAINER OR PACKAGE OF NOT
 MORE THAN 5.7 GALLONS.
 A. 8163                             3
 
   27. "SPRING WATER" MEANS SPRING WATER AS DEFINED IN 21 C.F.R.  165.110
 FOR BOTTLED WATER.
   28. "WATERSHED" MEANS THE WATERSHED OF PRIMARY RIVERS AND THE SUB-WAT-
 ERSHEDS OF THEIR TRIBUTARY STREAMS AND CREEKS.
   29.  "WATER  MAIN" MEANS A PIPE OWNED OR CONTROLLED BY A SUPPLIER THAT
 MAY CONVEY WATER TO A CUSTOMER SERVICE CONNECTION OR TO A FIRE HYDRANT.
   30. "WATERS OF  THE  STATE"  MEANS  GROUNDWATER,  LAKES,  RIVERS,  AND
 STREAMS  AND  ALL  OTHER  WATERCOURSES  AND  WATERS, INCLUDING THE GREAT
 LAKES, WITHIN THE TERRITORIAL BOUNDARIES OF THE STATE, AND SHALL INCLUDE
 WATER WITHDRAWN FROM THE WATERS  OF  THE  STATE  AND  DELIVERED  THROUGH
 PUBLIC  WATER  SUPPLY  SYSTEMS.  WATERS  OF  THE STATE SHALL NOT INCLUDE
 DRAINAGE WAYS AND PONDS DESIGNED AND CONSTRUCTED SOLELY  FOR  WASTEWATER
 CONVEYANCE, TREATMENT, OR CONTROL.
   31.  "PUBLIC  WATER JUSTICE FUND" MEANS SUCH FUND ESTABLISHED PURSUANT
 TO SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW.
   § 5. Section 15-1503 of the environmental conservation law is  amended
 by adding a new subdivision 2-a to read as follows:
   2-A.    WHERE  AN APPLICANT FOR A PERMIT UNDER THIS SECTION IS SEEKING
 SUCH PERMIT FOR THE PURPOSES OF WITHDRAWING, TAKING,  REMOVING,  DIVERT-
 ING,  AND/OR  TRANSFERRING  FROM THE WATERS OF THE STATE FOR THE SALE OF
 BOTTLED WATER THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY.
   A. THE DEPARTMENT SHALL NOT ISSUE A PERMIT PURSUANT TO THIS SECTION TO
 A PERSON OR ENTITY WHO PROPOSES TO ENGAGE IN THE SALE OF  BOTTLED  WATER
 UNLESS ALL OF THE FOLLOWING CONDITIONS ARE MET:
   I.  BEFORE ISSUANCE OF SUCH PERMIT, THE DEPARTMENT SHALL PROVIDE WRIT-
 TEN NOTICE OF THE  APPLICATION  FOR  SUCH  PERMIT  WITH  CONDITIONS  AND
 PROPOSED ROYALTY FEES AS PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, AT
 LEAST  SIXTY  DAYS  PRIOR TO SUCH APPROVAL: TO ANY LOCAL UNIT OF GOVERN-
 MENT, ANY PUBLIC WATER SUPPLY SYSTEM DISTRICT, AUTHORITY OR  DEPARTMENT,
 ANY  RECOGNIZED TRIBAL SOVEREIGN GOVERNMENT, AND TO THE APPLICANT; TO BE
 PUBLISHED IN A PROMINENT  NEWSPAPER  WITH  GENERAL  CIRCULATION  IN  THE
 LOCALE  OF  THE  WATER SOURCE OR SUPPLY; AND TO BE POSTED ON THE DEPART-
 MENT'S WEBSITE IN A CONSPICUOUS MANNER.  THE DEPARTMENT MAY ON  ITS  OWN
 OR  UPON  REQUEST  OF AN INTERESTED PERSON PROVIDE FOR A PUBLIC HEARING,
 WHICH SHALL BE GIVEN THE SAME PUBLIC NOTICE AS PROVIDED IN THIS SUBPARA-
 GRAPH.   SUCH PUBLIC NOTICE SHALL PROVIDE  AT  LEAST  A  FORTY-FIVE  DAY
 COMMENT  PERIOD  BEFORE  ISSUANCE OF THE PERMIT. UPON REQUEST OF A LOCAL
 UNIT OF GOVERNMENT OR RECOGNIZED TRIBAL SOVEREIGN  GOVERNMENT  IN  WHICH
 THE  WATER  SOURCE  OR  SUPPLY IS LOCATED, THE DEPARTMENT SHALL MEET AND
 CONSULT WITH THE LOCAL UNIT OF GOVERNMENT OR TRIBE NOT LESS THAN FIFTEEN
 DAYS BEFORE ISSUANCE OF THE PERMIT.
   II. BEFORE APPROVAL AND ISSUANCE OF THE PERMIT, THE  DEPARTMENT  SHALL
 EVALUATE, ASSURE, AND DULY ESTABLISH THAT ALL OF THE FOLLOWING ARE MET:
   (A) THE APPLICANT HAS COMPLIED WITH THE PROVISIONS OF THIS SECTION;
   (B)  THE APPLICANT HAS SHOWN, BASED ON CLAUSE (A) OF THIS SUBPARAGRAPH
 AND ALL OTHER AVAILABLE INFORMATION, INCLUDING PUBLIC  NOTICE,  HEARING,
 PARTICIPATION AND COMMENTS OR CONSULTATION WITH LOCAL GOVERNMENT, SOVER-
 EIGN  TRIBES  RECOGNIZED  BY TREATY WITH THE FEDERAL GOVERNMENT OR OTHER
 INTERESTED PERSONS AS REQUIRED BY SUBPARAGRAPH I OF THIS PARAGRAPH, THAT
 THE DIVERSION, WITHDRAWAL AND/OR TRANSFER OF THE WATERS OF THE STATE FOR
 THE SALE OF BOTTLED WATER IS SUBSTANTIALLY IN THE  PUBLIC  INTEREST  AND
 SHALL  NOT  IMPAIR  THE  PUBLIC  TRUST  AND  PUBLIC  HEALTH, SAFETY, AND
 WELFARE;
   (C) THE APPLICANT HAS COMPLIED WITH THE APPLICATION AND  ROYALTY  FEES
 REQUIRED BY PARAGRAPH B OF THIS SUBDIVISION;
 A. 8163                             4
 
   (D)  ANY  CONDITIONS THE DEPARTMENT SHALL HAVE REQUIRED AS A CONDITION
 FOR ISSUANCE OF THE PERMIT FOR  THE  PROTECTION  AND  PROMOTION  OF  THE
 WATERS OF THE STATE, PUBLIC TRUST IN SUCH WATERS, AND THE PUBLIC HEALTH,
 SAFETY, AND WELFARE OF CITIZENS AND LOCAL COMMUNITY.
   B. I. BEFORE PROCESSING AN APPLICATION FOR A PERMIT UNDER THIS SECTION
 FOR  THE  PURPOSES  OF  WITHDRAWING, TAKING, REMOVING, DIVERTING, AND/OR
 TRANSFERRING FROM THE WATERS OF THE STATE FOR THE SALE OF BOTTLED WATER,
 AN APPLICANT SHALL PAY AN APPLICATION FEE OF FIVE HUNDRED DOLLARS AND  A
 FEE OF FIVE THOUSAND DOLLARS OR MORE AS DETERMINED BY THE DEPARTMENT FOR
 REIMBURSEMENT OF THE DEPARTMENT'S EXPENSES FOR PROCESSING AND EVALUATING
 SUCH APPLICATION.
   II. A PERMITTEE SHALL PAY A ROYALTY FEE FOR THE RIGHT TO DIVERT, WITH-
 DRAW, REMOVE AND/OR TRANSFER THE SOVEREIGN WATERS OF THE STATE OR PUBLIC
 WATER SUPPLY SYSTEM FOR PURPOSES OF THE SALE OF BOTTLED WATER IN ACCORD-
 ANCE WITH THE FOLLOWING:
   (A) THE PERMITTEE SHALL PAY A ROYALTY FEE OF NOT LESS THAN TWENTY-FIVE
 CENTS  PER  GALLON  FOR  THE RIGHT TO WITHDRAW, TAKE AND/OR TRANSFER THE
 WATERS OF THE STATE FOR THE SALE OF BOTTLED  WATER.  SUBJECT  TO  PUBLIC
 NOTICE,  HEARING  AND  COMMENT  AS  PROVIDED  FOR IN PARAGRAPH A OF THIS
 SUBDIVISION, THE DEPARTMENT MAY PROMULGATE A HIGHER FEE PER GALLON BASED
 ON A REASONABLE  EVALUATION  AND  DETERMINATION  OF  FAIR  AND  ADEQUATE
 ECONOMIC VALUE FOR THE RIGHT OF SALE OF BOTTLED WATER FROM THE WATERS OF
 THE STATE.
   (B) THE PERMITTEE SHALL FILE ON THE FIRST DAY OF EACH MONTH, BEGINNING
 THIRTY  DAYS  AFTER  THE  DATE  OF THE ISSUANCE OF THE PERMIT, A WRITTEN
 SUMMARY AND REPORT, WITH SUPPORTING  DATA  AND  INFORMATION,  THE  TOTAL
 VOLUME  OF  WATER  WITHDRAWN.  THE  PERMITTEE  SHALL PAY THE ROYALTY FEE
 REQUIRED BY CLAUSE (A) OF THIS SUBPARAGRAPH ON A QUARTERLY BASIS, BEGIN-
 NING WITH THE FIRST DAY OF THE QUARTER OF THE YEAR AFTER THE DATE OF THE
 APPROVAL AND ISSUANCE OF THE PERMIT. THE DEPARTMENT MAY  IMPOSE  A  LATE
 FEE ACCORDING TO A SCHEDULE OF FEES, PAYMENT, OR INTEREST ESTABLISHED BY
 THE DEPARTMENT PURSUANT TO RULES PROMULGATED BY THE DEPARTMENT.
   III.  THE DEPARTMENT SHALL DEPOSIT THE ROYALTY FEE COLLECTED FROM EACH
 PERMITTEE PURSUANT TO SUBPARAGRAPH II OF THIS PARAGRAPH INTO THE  PUBLIC
 WATER  JUSTICE  FUND  IN  ACCORDANCE  WITH ALL APPLICABLE LAWS AND REGU-
 LATIONS.
   IV. THE  DEPARTMENT'S  EXPENSES,  INCLUDING  ALL  REASONABLE  EXPENSES
 RELATED  TO  COLLECTION  AND  MANAGEMENT OF FEES UNDER THIS SUBDIVISION,
 SHALL BE PAID AND A NET ROYALTY FEE PAYMENT MADE  TO  THE  PUBLIC  WATER
 JUSTICE  FUND  ON  A  QUARTERLY  BASIS, BEGINNING WITH THE THIRD QUARTER
 AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION  OR  THE  ISSUANCE  OF  THE
 FIRST PERMIT UNDER THIS SUBDIVISION, WHICHEVER OCCURS FIRST.
   V.  WHERE  THE WATER IS FROM A WATER SOURCE THAT IS FROM THE WATERS OF
 THE STATE, THE NET PROCEEDS FROM EACH PERMITTEE SHALL  BE  DEPOSITED  IN
 THE PUBLIC WATER JUSTICE FUND.
   VI.  WHERE  THE  WATER  IS FROM A PUBLIC WATER SUPPLY SYSTEM OR WATER-
 WORKS, WHICH WITHDRAWS AND DISTRIBUTES THE WATERS  OF  THE  STATE  AS  A
 PUBLIC  SERVICE  WITHIN ITS LAWFUL TERRITORY, THE NET PROCEEDS FROM EACH
 PERMITTEE SHALL BE DEPOSITED IN THE PUBLIC WATER JUSTICE FUND,  AND  THE
 DEPARTMENT SHALL ALLOCATE AN AMOUNT UP TO TWENTY-FIVE PERCENT OF THE NET
 PROCEEDS OF THE PUBLIC WATER JUSTICE FUND IN ANY CALENDAR YEAR TO PUBLIC
 WATER SUPPLY SYSTEMS, FROM WHICH THE WATER IS WITHDRAWN, TAKEN, DIVERTED
 AND/OR TRANSFERRED FOR THE PURPOSE OF THE SALE OF BOTTLED WATER.
   VII.  FOR  THE  PURPOSES  OF THIS SUBDIVISION, THE TERM "NET PROCEEDS"
 SHALL MEAN NET PROCEEDS FROM ROYALTIES  UNDER  THIS  SUBDIVISION,  MINUS
 COSTS AND EXPENSES.
 A. 8163                             5
 
   C.  I. IN ADDITION TO ALL OTHER REQUIREMENTS OF THIS SECTION, A PERSON
 OR OTHER ENTITY SHALL NOT BE PERMITTED TO  WITHDRAW  AND  TRANSFER  MORE
 THAN  FIFTY  THOUSAND  GALLONS  A  DAY  FOR THE SALE OF BOTTLED WATER AS
 SPRING WATER UNLESS IT IS ESTABLISHED BY THE PERMITTEE AND DETERMINED BY
 THE DEPARTMENT THAT:
   (A)  THERE  IS  SUFFICIENT  EXISTING  ACTUAL DATA AND INFORMATION THAT
 CHARACTERIZES TO  THE  FULLEST  EXTENT  POSSIBLE  THE  HYDROLOGICAL  AND
 GEOLOGICAL  CONDITIONS  REQUIRED TO ACCURATELY MEASURE AND CALCULATE THE
 EFFECT ON THE FLOWS, LEVELS AND OTHER PHYSICAL CONDITIONS OF THE GROUND-
 WATER, SPRINGS, WETLANDS, CREEKS, STREAMS, LAKES OR PONDS  THAT  HAVE  A
 DIRECT HYDROLOGICAL CONNECTION TO THE SPRING WATER SOURCE; AND
   (B)  BASED ON THE ACTUAL DATA AND INFORMATION ESTABLISHED UNDER CLAUSE
 (A) OF THIS SUBPARAGRAPH, THE WITHDRAWAL AND TRANSFER  OF  SPRING  WATER
 SHALL NOT MEASURABLY DIMINISH AND IMPAIR THE FLOW, LEVEL AND OTHER PHYS-
 ICAL  PARAMETERS  OF THE WETLANDS, CREEKS, STREAMS, LAKES OR PONDS, FISH
 AND OTHER WILDLIFE AND  PLANT  HABITAT  OR  THE  PUBLIC  TRUST  IN  SUCH
 FEATURES, WILDLIFE AND HABITAT.
   II.  ANY  DECISION OR DETERMINATION REQUIRED BY THIS SUBDIVISION SHALL
 TAKE INTO ACCOUNT AND BE CONDITIONED ON THE  POTENTIAL  FOR,  OR  OCCUR-
 RENCES  OF,  INCREASED  INTENSITY AND FREQUENCY OF WEATHER EVENTS DUE TO
 CHANGES IN CLIMATE.
   § 6. The environmental conservation law is amended  by  adding  a  new
 section 15-1508 to read as follows:
 § 15-1508. USE OF PUBLIC WATER JUSTICE FUNDS.
   THE  DEPARTMENT  SHALL  DIRECT  THE ADMINISTRATION OF THE PUBLIC WATER
 JUSTICE FUND IN ACCORDANCE WITH THE PROVISIONS  OF  SUBPARAGRAPH  VI  OF
 PARAGRAPH  B  OF  SUBDIVISION TWO-A OF SECTION 15-1503 OF THIS TITLE AND
 SECTION NINETY-NINE-SS OF THE STATE  FINANCE  LAW.    IN  DIRECTING  THE
 ADMINISTRATION  OF  SUCH  FUND, THE DEPARTMENT SHALL CONSULT WITH PUBLIC
 WATER AUTHORITIES IN THE STATE INCLUDING LOCAL WATER DISTRICTS AND WATER
 AGENCIES, AS WELL AS ENVIRONMENTAL JUSTICE  GROUPS  AND  OTHER  ENVIRON-
 MENTAL JUSTICE EXPERTS AS DETERMINED APPROPRIATE BY THE DEPARTMENT.
   § 7. The state finance law is amended by adding a new section 99-ss to
 read as follows:
   §  99-SS. PUBLIC WATER JUSTICE FUND. 1. THERE IS HEREBY ESTABLISHED IN
 THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
 TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "PUBLIC WATER JUSTICE
 FUND".
   2. SUCH FUND SHALL CONSIST OF ALL  REVENUES  RECEIVED  BY  THE  STATE,
 PURSUANT  TO  THE  PROVISIONS OF SUBDIVISION TWO-A OF SECTION 15-1503 OF
 THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING BUT  NOT  LIMITED  TO  ALL
 BONUSES,  RENTALS,  DELAYED  RENTALS,  ROYALTIES, PENALTIES OR FINES FOR
 NON-COMPLIANCE COLLECTED  BY,  OR  RESERVED  BY,  THE  STATE  UNDER  THE
 LICENSES  FOR  THE  SALE  OF  BOTTLED WATER ESTABLISHED PURSUANT TO SUCH
 TITLE.
   3. (A) THE MONEYS IN SUCH FUND SHALL BE  EXPENDED  FOR  THE  FOLLOWING
 PURPOSES:
   (I)  ASSISTANCE  FOR  WATER  AFFORDABILITY  PLANS  OR  OTHER MEASURES,
 INCLUDING INCOME AFFORDABILITY, ASSURED LOW-COST MINIMUM WATER  USE  AND
 CONSERVATION,  INNOVATIVE PRICING, RATES, TIERS OF WATER USE AND CONSER-
 VATION, TO ASSURE EQUITABLE AND AFFORDABLE ACCESS TO CLEAN,  SAFE  WATER
 AND SANITATION;
   (II)  PROTECTION, CONSERVATION, EFFICIENCY, SUSTAINABILITY AND CLEANUP
 TO ASSURE SAFE, CLEAN AND ADEQUATE GROUNDWATER AND SURFACE WATER SOURCES
 FOR DRINKING WATER AND WATER SUPPLIES WITHIN THE  STATE,  INCLUDING  BUT
 NOT  LIMITED  TO,  NEW  TECHNOLOGIES,  GREEN INFRASTRUCTURE AND ENHANCED
 A. 8163                             6
 
 RESILIENCY AND ADAPTABILITY TO PREDICT EXTREME WEATHER EVENTS OR CLIMAT-
 IC CHANGES;
   (III) PROTECTION OF PUBLIC HEALTH AND INDIVIDUAL HEALTH NEEDS DIRECTLY
 RELATED  TO  INVESTIGATION,  MEDICAL  EXAMINATION  AND WATER QUALITY AND
 MEDICAL MONITORING; AND
   (IV) REPAIR, IMPROVEMENT OR REPLACEMENT OF ANY LINE THAT IS DETERMINED
 TO BE A HEALTH RISK TO THOSE WHO OCCUPY ANY SINGLE OR MULTI-FAMILY RESI-
 DENTIAL DWELLING UNIT THAT CONNECTS TO THE PUBLIC WATER MAIN OR PIPELINE
 SYSTEM.
   (B) ANY INTERESTED MUNICIPAL PUBLIC WATER SUPPLY DEPARTMENT, DISTRICT,
 AUTHORITY, OR LOCAL GOVERNMENT, OR  ANY  PERSON  WHO  LIVES  WITHIN  THE
 TERRITORY  OR  IS SERVED BY A PUBLIC WATER SUPPLY SYSTEM MAY APPLY FOR A
 GRANT FOR ONE OR MORE OF THE DEDICATED  PURPOSES  OF  THE  PUBLIC  WATER
 JUSTICE  FUND  UNDER  THIS  SECTION.  THE  APPLICATION,  PROCESS, PUBLIC
 NOTICE, MEETINGS, AND DECISIONS SHALL BE PROCESSED  BY  THE  DEPARTMENT.
 THE  DEPARTMENT  SHALL  APPORTION  AND  ALLOCATE THE GRANTS OF AVAILABLE
 FUNDS IN ANY GIVEN HEARING IN A  FAIR  AND  PROPORTIONATE  MANNER  AMONG
 APPLICANTS  THAT  IN  THE  DISCRETION  OF  THE DEPARTMENT BEST MEETS THE
 INTENT AND DEDICATED PURPOSES OF TITLE FIFTEEN OF ARTICLE FIFTEEN OF THE
 ENVIRONMENTAL CONSERVATION LAW AND ANY RULES OR REGULATIONS  PROMULGATED
 THERETO;  EXCEPT  THAT  THERE SHALL BE A PREFERENCE FOR AT LEAST THIRTY-
 FIVE PERCENT OF THE FUNDS TO BE DISTRIBUTED  TO  DISADVANTAGED  COMMUNI-
 TIES.
   § 8. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.