S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9611

                          I N  A S S E M B L Y

                             March 22, 2016
                               ___________

Introduced  by M. of A. STECK -- read once and referred to the Committee
  on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing  the  consolidated  local  infrastructure program 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

  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 3-0321 to read as follows:
S 3-0321. CONSOLIDATED LOCAL INFRASTRUCTURE PROGRAM (CLIPS).
  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 SEVENTEEN, 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  COUNTY,  CITY,  TOWN  OR VILLAGE DRINKING WATER SYSTEM, STORM WATER
SYSTEM OR SANITARY SEWER SYSTEM WITHIN THE STATE THAT IS NOT  UNDER  THE
MAINTENANCE AND/OR OPERATIONAL JURISDICTION OF THE STATE NOR ANY PRIVATE
ENTITY.  THE COMMISSIONER SHALL PROMULGATE ALL NECESSARY RULES AND REGU-
LATIONS TO CARRY OUT THE PROGRAM SO THAT AN  EQUITABLE  DISTRIBUTION  OF
AID  SHALL  BE MADE FOR THE GENERAL OPERATION AND/OR GENERAL MAINTENANCE
OF ANY EXISTING COUNTY, CITY, TOWN AND VILLAGE  DRINKING  WATER  SYSTEM,
STORM WATER SYSTEM OR SANITARY SEWER SYSTEM.
  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  SEVENTEEN,  THERE  SHALL  BE
DISTRIBUTED  AND  PAID TO COUNTIES, CITIES, TOWNS AND VILLAGES AN AMOUNT
EQUAL TO THE MONEYS  APPROPRIATED  FOR  THE  PURPOSES  OF  THIS  SECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14609-01-6

A. 9611                             2

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 THE TOTAL LENGTH AND  AGE  OF  ALL
PIPELINES AND MAINS OWNED AND OPERATED BY THE MUNICIPALITY.
  4.  FUNDS ALLOCATED FOR THE REPLACEMENT AND REHABILITATION OF EXISTING
LOCAL INFRASTRUCTURE UNDER THIS SUBDIVISION SHALL BE USED  TO  UNDERTAKE
WORK  ON  A  PROJECT  EITHER  WITH  THE  MUNICIPALITY'S OWN FORCES OR BY
CONTRACT,  PROVIDED  HOWEVER,  THAT  WHENEVER  THE  ESTIMATE   FOR   THE
CONSTRUCTION CONTRACT WORK EXCEEDS ONE HUNDRED THOUSAND DOLLARS BUT DOES
NOT  EXCEED  TWO  HUNDRED  FIFTY  THOUSAND  DOLLARS  SUCH  WORK  MUST BE
PERFORMED EITHER WITH THE MUNICIPALITY'S OWN FORCES OR BY  CONTRACT  LET
BY  COMPETITIVE  BID  IN  ACCORDANCE  WITH THE PROVISIONS OF SECTION ONE
HUNDRED THREE OF THE GENERAL MUNICIPAL LAW AND PROVIDED FURTHER,  HOWEV-
ER,  THAT  WHENEVER  THE  ESTIMATE  FOR  THE  CONSTRUCTION CONTRACT WORK
EXCEEDS TWO HUNDRED FIFTY THOUSAND DOLLARS SUCH WORK MUST  BE  PERFORMED
BY  CONTRACT LET BY COMPETITIVE BID IN ACCORDANCE WITH THE PROVISIONS OF
SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW.
  5. MONIES MADE AVAILABLE MAY BE USED TO MATCH OTHER STATE AND  FEDERAL
FUNDS  MADE  AVAILABLE FOR SUCH PROJECTS. THE REMINDER 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 AND REHABILITATION.
  6.  FOR  ANY  CITY,  TOWN,  OR  VILLAGE  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.
  7. FOR EACH FISCAL YEAR, STARTING IN TWO THOUSAND SEVENTEEN, THE FUNDS
TO  BE  MADE AVAILABLE TO THE LOCAL INFRASTRUCTURE ASSISTANCE ACCOUNT OF
THE GENERAL FUND, AND DISTRIBUTED FROM THAT ACCOUNT, IN AN  AMOUNT  THAT
IS  AT  LEAST  EQUAL  TO  THOSE  APPROPRIATED  AND MADE AVAILABLE IN THE
CONSOLIDATED LOCAL STREET AND HIGHWAY IMPROVEMENT PROGRAM (CHIPS).
  S 2. This act shall take effect immediately.