S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    424
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A.  STECK, WALSH, MAGNARELLI, STEC, RAIA, GALEF,
   JONES, B. MILLER, CROUCH, DiPIETRO, MORINELLO, NORRIS,  GIGLIO,  FINCH
   --  Multi-Sponsored  by  -- M. of A. BARCLAY, BARRETT, BLAKE, BLANKEN-
   BUSH, BRABENEC, CAHILL, CRESPO, FAHY, HAWLEY, HYNDMAN, JAFFEE,  LUPAR-
   DO,  PALMESANO,  PEOPLES-STOKES, SANTABARBARA, THIELE -- read once and
   referred to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing  the  safe  water  infrastructure  action 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:
 § 3-0321. SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM.
   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  TWENTY, 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, IN CONJUNCTION WITH THE ENVIRONMENTAL FACILI-
 TIES CORPORATION, SHALL PROMULGATE ALL NECESSARY RULES  AND  REGULATIONS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03524-01-9

 A. 424                              2
 
 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 TWENTY, THERE SHALL  BE  DISTRIB-
 UTED AND PAID TO COUNTIES, CITIES, TOWNS AND VILLAGES AN AMOUNT EQUAL TO
 THE  MONEYS APPROPRIATED 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, STORM  WATER
 AND  SANITARY SEWER SYSTEMS BASED UPON THE TOTAL LENGTH AND WIDTH OF ALL
 PIPELINES AND MAINS OWNED AND OPERATED BY THE MUNICIPALITY.
   4. MONIES MADE AVAILABLE MAY BE USED TO MATCH OTHER STATE AND  FEDERAL
 FUNDS  MADE  AVAILABLE FOR SUCH PROJECTS.  THE FUNDS MAY ALSO BE USED TO
 SUPPORT SPECIAL IMPROVEMENT DISTRICTS CREATED TO PROVIDE DRINKING WATER,
 WASTE WATER AND STORM WATER SERVICES UNDER  ARTICLES  TWELVE,  TWELVE-A,
 TWELVE-C  AND THIRTEEN OF THE TOWN LAW.  THE REMAINDER 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 OR REHABILITATION.
   5.  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.
   6. FOR EACH FISCAL YEAR, STARTING IN TWO THOUSAND TWENTY, FUNDS ARE 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).
   § 2. This act shall take effect immediately.