NY State Senate Bill 2019-S554

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Jan 09, 2019	referred to environmental conservation

co-Sponsors

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2019-S554 (ACTIVE) - Details

See Assembly Version of this Bill:: A424
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §3-0321, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7551
2017-2018: S3292, A3907
2021-2022: S224, S3968
2023-2024: S4350

2019-S554 (ACTIVE) - Summary

Establishes the safe water and 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; 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.

2019-S554 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S554

SPONSOR: TEDISCO
 
TITLE OF BILL:  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 rehabili-
tation 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 I. The environmental conservation law is amended by adding a new
section 3-0321 to read as follows:

3 § 3-0321. Safe Water and infrastructure Action Program (SWAP)

1. Establishes a program to make payments towards the replacement and
reconstruction of existing local village, town, city or county munici-
pally-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 acqui-
sition 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 infras-
tructure 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 popu-
lations, 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 munici-
palities that have greater total pipe length and size of pipe will
correspond to older municipalities, particularly cities.

 
PRIOR LEGISLATIVE HISTORY:

05/09/16: S.7551 REFERRED TO ENVIRONMENTAL CONSERVATION
01/20/17: S.3292 REFERRED TO ENVIRONMENTAL CONSERVATION
01/03/18: S.3292 REFERRED TO ENVIRONMENTAL CONSERVATION
02/02/18: S.3292 AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
02/02/18: S.3292 PRINT NUMBER 3292A
05/22/18: S.3292A REPORTED AND COMMITTED TO FINANCE
06/12/18: S.3292A COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/12/18: S.3292A ORDERED TO THIRD READING CAL.1710
06/12/18: S.3292A PASSED SENATE
06/12/18: S.3292A DELIVERED TO ASSEMBLY
06/12/18: S.3292A referred to environmental conservation

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S554 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    554
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. TEDISCO, AKSHAR, BAILEY, BOYLE, CARLUCCI, GALLIVAN,
   HELMING, O'MARA, RANZENHOFER,  RITCHIE,  ROBACH,  SANDERS,  SEPULVEDA,
   YOUNG  --  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  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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

 S. 554                              2
 
 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.

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Senate Bill S554

Sponsored By

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

co-Sponsors

2019-S554 (ACTIVE) - Details

2019-S554 (ACTIVE) - Summary

2019-S554 (ACTIVE) - Sponsor Memo

2019-S554 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S554

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Sponsored By

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

co-Sponsors

2019-S554 (ACTIVE) - Details

2019-S554 (ACTIVE) - Summary

2019-S554 (ACTIVE) - Sponsor Memo

2019-S554 (ACTIVE) - Bill Text download pdf

Comments