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
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 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.