S T A T E O F N E W Y O R K
________________________________________________________________________
8190
2025-2026 Regular Sessions
I N A S S E M B L Y
May 5, 2025
___________
Introduced by M. of A. HAWLEY -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
establishing the pipeline investment for public environmental
solutions program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs f and g of subdivision 1 of section 58-0903 of
the environmental conservation law, as added by section 1 of part UU of
chapter 59 of the laws of 2021, are amended and a new paragraph h is
added to read as follows:
f. costs associated with the establishment of riparian buffers to
provide distance between farm fields and streams or abate erosion during
high flow events; [and]
g. costs associated with lead service line replacement pursuant to
section eleven hundred fourteen of the public health law[.]; AND
H. COSTS ASSOCIATED WITH THE PIPELINE INVESTMENT FOR PUBLIC ENVIRON-
MENTAL SOLUTIONS PROGRAM ESTABLISHED PURSUANT TO SECTION 58-0905 OF
THIS ARTICLE.
§ 2. The environmental conservation law is amended by adding a new
section 58-0905 to read as follows:
§ 58-0905. PIPELINE INVESTMENT FOR PUBLIC ENVIRONMENTAL SOLUTIONS
PROGRAM.
1. A. THERE IS HEREBY ESTABLISHED A PIPELINE INVESTMENT FOR PUBLIC
ENVIRONMENTAL SOLUTIONS PROGRAM FOR THE PURPOSE OF MAKING PAYMENTS
TOWARD THE REPLACEMENT AND REHABILITATION OF EXISTING LOCAL MUNICIPAL-
LY-OWNED AND FUNDED DRINKING WATER, STORMWATER AND SANITARY SEWER
SYSTEMS AND THE EXPANSION OF NEW WATER INFRASTRUCTURE. THE PROGRAM SHALL
APPLY TO ANY DRINKING WATER SYSTEM, STORMWATER SYSTEM OR SANITARY SEWER
SYSTEM WITHIN THE STATE THAT IS UNDER THE MAINTENANCE AND/OR OPERATIONAL
JURISDICTION OF A COUNTY, CITY, TOWN, VILLAGE, TAXING DISTRICT SPECIFIC
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11651-02-5
A. 8190 2
TO WATER, SEWER, OR STORMWATER TREATMENT AND/OR CONVEYANCE, OR PUBLIC
AUTHORITY, EXCLUDING A CITY OF ONE MILLION OR MORE.
B. THE COMMISSIONER, IN CONJUNCTION WITH THE NEW YORK STATE ENVIRON-
MENTAL 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 MAINTENANCE, UPGRADE OR REPLACEMENT
OF ANY SUCH EXISTING DRINKING WATER SYSTEM, STORMWATER SYSTEM OR SANI-
TARY SEWER SYSTEM AND OTHER ASSOCIATED COSTS. EXISTING WATER INFRASTRUC-
TURE INCLUDES ALL THE MAN-MADE AND NATURAL FEATURES THAT MOVE AND TREAT
WATER IN TERMS OF DRINKING WATER, WASTEWATER, AND STORMWATER.
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-SEVEN, THERE SHALL BE
DISTRIBUTED AND PAID TO COUNTIES, CITIES, TOWNS, VILLAGES, TAXING
DISTRICTS SPECIFIC TO WATER, SEWER, OR STORMWATER TREATMENT AND/OR
CONVEYANCES, AND PUBLIC AUTHORITIES AN AMOUNT EQUAL TO THE MONEYS ALLO-
CATED 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, STORMWATER
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, PRIORITIZING RURAL COMMU-
NITIES.
4. MONIES MADE AVAILABLE MAY BE USED IN ADDITION TO EXISTING SOURCES
OF STATE FUNDING, AS WELL AS TO MATCH FEDERAL FUNDS MADE AVAILABLE FOR
SUCH PROJECTS. THE REMAINDER OF THE APPORTIONMENT MAY BE USED FOR ANY
EXISTING DRINKING WATER, STORMWATER OR SEWER SYSTEM PURCHASES, INCLUDING
BUT NOT LIMITED TO, THE ACQUISITION OF MATERIALS FOR THE REPLACEMENT OR
REHABILITATION.
5. FOR ANY CITY, TOWN, VILLAGE, TAXING DISTRICT SPECIFIC TO WATER,
SEWER, OR STORMWATER TREATMENT AND/OR CONVEYANCE, 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. NOTHING IN THIS SECTION SHALL PROHIBIT THE USE OF SUCH FUNDING FOR
NEW YORK STATE INTERMUNICIPAL WATER INFRASTRUCTURE PROJECTS PURSUANT TO
SECTION TWELVE HUNDRED EIGHTY-FIVE-S OF THE PUBLIC AUTHORITIES LAW.
7. AT THE END OF EACH FISCAL YEAR, EACH COUNTY, CITY, TOWN, VILLAGE,
TAXING DISTRICT SPECIFIC TO WATER, SEWER, OR STORMWATER TREATMENT AND/OR
CONVEYANCE, 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 SITE
VISITS TO ENSURE THE MONEY IS BEING USED ACCURATELY.
§ 3. Subdivision 2 of section 58-0903 of the environmental conserva-
tion law, as added by section 1 of part UU of chapter 59 of the laws of
2021, is amended to read as follows:
2. The department and the New York state environmental facilities
corporation are authorized to provide state assistance payments or
A. 8190 3
grants to municipalities for projects authorized pursuant to paragraphs
a, b, [and] d, AND H of subdivision one of this section.
§ 4. Section 58-0901 of the environmental conservation law, as amended
by section 8 of part OO of chapter 58 of the laws of 2022, is amended to
read as follows:
§ 58-0901. Allocation of moneys.
Of the moneys received by the state from the sale of bonds pursuant to
the environmental bond act of 2022 for disbursements for state assist-
ance for water quality improvement projects as defined by title one of
this article, not less than six hundred fifty million dollars
($650,000,000) shall be available for water quality improvement projects
developed pursuant to section 58-0903 of this title. Not less than two
hundred million dollars ($200,000,000) of this amount shall be available
for wastewater infrastructure projects undertaken pursuant to the New
York state water infrastructure improvement act of 2017 pursuant to
paragraph e of subdivision one of section 58-0903 of this title, [and]
not less than two hundred fifty million dollars ($250,000,000) shall be
available for municipal stormwater projects pursuant to paragraph a of
subdivision one of section 58-0903 of this title; AND NOT LESS THAN TWO
HUNDRED MILLION DOLLARS ($200,000,000) OF THIS AMOUNT SHALL BE AVAILABLE
ON A BIENNIAL BASIS FOR THE PIPELINE INVESTMENT FOR PUBLIC ENVIRONMENTAL
SOLUTIONS PROGRAM PURSUANT TO SECTION 58-0905 OF THIS TITLE.
§ 5. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 6. This act shall take effect on the thirtieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.