S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10374
 
                           I N  A S S E M B L Y
 
                                May 4, 2020
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Health
 
 AN  ACT  to amend the public health law, in relation to cost recovery by
   municipalities and  other  recipients  from  responsible  parties  and
   ensures  that responsible parties do not benefit from state assistance
   payments or grants made by the environmental facilities corporation to
   municipalities and recipients

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 1167-a to read as follows:
   § 1167-A. REIMBURSEMENT OF STATE ASSISTANCE PAYMENTS OR GRANTS MADE TO
 MUNICIPALITY OR RECIPIENT; ADMISSIBILITY OF STATE ASSISTANCE PAYMENTS OR
 GRANTS AS COLLATERAL SOURCE.  1. A MUNICIPALITY OR RECIPIENT  THAT:  (A)
 RECEIVES  A  STATE  ASSISTANCE PAYMENT/GRANT FROM THE CORPORATION FOR AN
 ELIGIBLE PROJECT TO REMOVE CONTAMINANTS FROM  DRINKING  WATER  OR  WATER
 SUPPLIES UNDER THIS TITLE, INCLUDING BUT NOT LIMITED TO STATE ASSISTANCE
 PAYMENTS/GRANTS  FOR  REMOVING  EMERGING  CONTAMINANTS;  (B) TAKES LEGAL
 ACTION AGAINST A RESPONSIBLE PARTY TO RECOVER THE COSTS OF SUCH ELIGIBLE
 PROJECT; AND (C) RECEIVES PAYMENT BY JUDGMENT, SETTLEMENT  OR  OTHERWISE
 FROM  SUCH  RESPONSIBLE  PARTY  FOR THE COSTS FOR SUCH ELIGIBLE PROJECT,
 SHALL REIMBURSE THE CORPORATION THE PORTION OF SUCH PAYMENT THAT  IS  IN
 EXCESS  OF (1) THE TOTAL COST OF THE PROJECT (INCLUDING, BUT NOT LIMITED
 TO, THE CAPITAL COSTS AND OPERATING  AND  MAINTENANCE  COSTS  ASSOCIATED
 THEREWITH  FOR  THE PERIOD DURING WHICH THE CONTAMINATION IS EXPECTED TO
 PERSIST AND REQUIRE TREATMENT); AND (2) THE EXPENSES (INCLUDING, BUT NOT
 LIMITED TO, ATTORNEYS' FEES AND LITIGATION COSTS AND EXPENSES)  INCURRED
 BY  THE  MUNICIPALITY  OR RECIPIENT PURSUING RECOVERY OF SUCH COSTS FROM
 RESPONSIBLE PARTIES, PROVIDED, HOWEVER, THAT THE MUNICIPALITY OR RECIPI-
 ENT SHALL NOT REIMBURSE MORE THAN THE AMOUNT OF  SUCH  STATE  ASSISTANCE
 PAYMENT/GRANT FOR THE ELIGIBLE PROJECT.
   2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, INCLUDING SECTION
 FORTY-FIVE HUNDRED FORTY-FIVE OF  THE  CIVIL  PRACTICE  LAW  AND  RULES,
 EVIDENCE  OF  ANY STATE ASSISTANCE PAYMENT/GRANT FROM THE CORPORATION TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16252-01-0

 A. 10374                            2
 
 ANY MUNICIPALITY OR RECIPIENT SHALL NOT  BE  ADMISSIBLE  IN  ANY  ACTION
 BROUGHT BY SUCH MUNICIPALITY OR RECIPIENT AGAINST A RESPONSIBLE PARTY TO
 RECOVER THE COSTS FOR AN ELIGIBLE PROJECT AND/OR THE OPERATING AND MAIN-
 TENANCE  COSTS  ASSOCIATED THEREWITH, AND THE COURT SHALL NOT REDUCE THE
 AMOUNT OF ANY AWARD AGAINST A RESPONSIBLE PARTY  IN  WHOLE  OR  IN  PART
 BECAUSE OF SUCH STATE ASSISTANCE PAYMENT OR GRANT.
   § 2. This act shall take effect immediately.