NY State Senate Bill 2015-S7551

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2016	referred to environmental conservation

2015-S7551 (ACTIVE) - Details

See Assembly Version of this Bill:: A9611
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §3-0321, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3292
2019-2020: S554
2021-2022: S224, S3968
2023-2024: S4350

2015-S7551 (ACTIVE) - Summary

Establishes 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; applies 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.

2015-S7551 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7551

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation seeks to create a water, sewer and storm water local
infrastructure funding program similar in scope to CHIPS.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. The environmental conservation law is amended by adding a
new section 3-0321 to read as follows:

3 § 3-0321. Consolidated local infrastructure program (CLIPS)

1. Establishes a program to make payments towards the replacement and
reconstruction of existing local village, town, city or county
municipally-owned and funded drinking water, storm water and sanitary
sewer systems in New York State; and directs the commissioner to
promulgate all rules and regulation under this title.

2. Establishes the dates of payments

3. Establishes a distribution formula based upon the total length and
size of all pipelines and mains owned and operated by the
municipality.

4. Establishes the use of a competitive bidding process for use of the
funds

5. Monies may be used to match any other state or federal funds for
the same purpose; and the remainder may be used for any existing
drinking water, storm water and sanitary sewer systems purchase and/or
the acquisition of materials for the repair and/or rehabilitation.

6. Establishes that these funds may be used to towards the
consolidation of municipal infrastructure.

7. Establishes the amount appropriated under this title as equal to
that of CHIPS.

Section 2. Effective Date.

 JUSTIFICATION :

According to the federal government, 80% of all New York State water
infrastructure, specifically drinking water, storm water and sanitary
sewer, is in dire need of repair, replacement or rehabilitation. These
costs are ever increasing, while local municipalities struggle with
less federal and state funding, as well as their tax cap being tied to
the Consumer Price Index rendering their revenue generation static.

Economic growth is completely dependent upon updated and sound
infrastructure that can handle added capacity. New York State will
simply not be competitive unless we invest in our infrastructure to
ensure it has the capacity for increased commercial growth and
residential populations, much less handle its current capacity. New
businesses will not invest in our state if they cannot depend on the
infrastructure to serve them.


This legislation seeks to give local municipalities the funding stream
they require to keep up with repairs and rehabilitation of their
current local infrastructure.

The formula for calculating the amount due to each municipality is
based on the length and size of the pipe. It should be noted that
municipalities that have greater total pipe length and size of pipe
will correspond to older municipalities, particularly cities.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7551 (ACTIVE) - Bill Text download pdf

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

                                  7551

                            I N  S E N A T E

                               May 9, 2016
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed 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

S. 7551                             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.

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Senate Bill S7551

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2015-S7551 (ACTIVE) - Details

2015-S7551 (ACTIVE) - Summary

2015-S7551 (ACTIVE) - Sponsor Memo

2015-S7551 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7551

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Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2015-S7551 (ACTIVE) - Details

2015-S7551 (ACTIVE) - Summary

2015-S7551 (ACTIVE) - Sponsor Memo

2015-S7551 (ACTIVE) - Bill Text download pdf

Comments