Senate Bill S5764A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5764--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- recommitted to  the  Committee  on  Environmental  Conservation  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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, IN THE  YEAR  NEXT  SUCCEEDING  THE
 EFFECTIVE DATE OF THIS SECTION, A WASTEWATER INFRASTRUCTURE AND DRINKING
 WATER  PROGRAM  IS HEREBY ESTABLISHED FOR THE PURPOSE OF MAKING PAYMENTS
 TOWARD THE REPLACEMENT AND REHABILITATION OF EXISTING  LOCAL  MUNICIPAL-
 LY-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 WITH-
 IN  THE STATE THAT IS UNDER THE MAINTENANCE AND/OR OPERATIONAL JURISDIC-
 TION 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.  THE  COMMISSIONER,  IN
 CONJUNCTION WITH THE ENVIRONMENTAL FACILITIES CORPORATION, SHALL PROMUL-
 GATE  ALL  NECESSARY  RULES  AND REGULATIONS TO CARRY OUT THE PROGRAM SO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09617-07-6
              

 S. 5764--A                          2
 
 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.
   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 five million dollars ($5,000,000) 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.