S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4350--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced  by  Sens.  HINCHEY, ASHBY, KAVANAGH, MATTERA, ROLISON, STEC,
   TEDISCO, THOMAS, WEBB -- read twice  and  ordered  printed,  and  when
   printed to be committed to the Committee on Environmental Conservation
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing the safe water infrastructure action program
 
   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 article 76 to read as follows:
                                ARTICLE 76
               SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM
 SECTION 76-0101. SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM.
 § 76-0101. 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-FOUR, 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 DRINKING WATER SYSTEM, STORM WATER SYSTEM OR SANITARY  SEWER  SYSTEM
 WITHIN THE STATE THAT IS UNDER THE MAINTENANCE AND/OR OPERATIONAL JURIS-
 DICTION  OF A COUNTY, CITY, TOWN, VILLAGE OR PUBLIC AUTHORITY; PROVIDED,
 HOWEVER, THAT SUCH SYSTEM SHALL NOT  BE  UNDER  THE  MAINTENANCE  AND/OR
 OPERATIONAL JURISDICTION OF A PRIVATE ENTITY; PROVIDED FURTHER, HOWEVER,
 THAT  SUCH PROGRAM SHALL NOT APPLY TO A SYSTEM THAT IS UNDER THE MAINTE-
 NANCE AND/OR OPERATIONAL JURISDICTION OF A CITY WITH A POPULATION OF ONE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02298-06-3
              

 S. 4350--A                          2
 
 MILLION OR MORE. THE COMMISSIONER, IN CONJUNCTION WITH THE ENVIRONMENTAL
 FACILITIES CORPORATION, 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 SUCH EXISTING DRINKING WATER SYSTEM, STORM WATER SYSTEM OR  SANI-
 TARY  SEWER SYSTEM.  EXISTING WATER INFRASTRUCTURE INCLUDES ALL THE MAN-
 MADE AND NATURAL FEATURES THAT MOVE AND TREAT WATER IN TERMS OF DRINKING
 WATER, WASTE WATER, AND STORM WATER. MONIES FROM THIS FUND MAY  BE  USED
 FOR  MAINTENANCE AND REPAIRS OF EXISTING WATER INFRASTRUCTURE AS WELL AS
 NEW WATER INFRASTRUCTURE EXPANSION,  BUT  ONLY  INTO  ALREADY  DEVELOPED
 AREAS  SO  AS  NOT  TO  SUPPORT SPRAWL AND DEVELOPMENT OF NATURAL AREAS.
 ALREADY DEVELOPED AREAS ARE THOSE  THAT  ARE  ZONED/DEFINED  BY  MUNICI-
 PALITIES  AS  OF  JANUARY FIRST, TWO THOUSAND TWENTY-THREE AS COMMERCIAL
 AND RESIDENTIAL USE.
   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-FIVE, THERE SHALL BE
 DISTRIBUTED AND PAID TO COUNTIES, CITIES,  TOWNS,  VILLAGES  AND  PUBLIC
 AUTHORITIES  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 A FUNDING FORMULA THAT THE DEPART-
 MENT AND THE DEPARTMENT OF HEALTH SHALL CREATE TAKING INTO CONSIDERATION
 FACTORS  INCLUDING BUT NOT LIMITED TO:  THE SYSTEM'S LENGTH AND WIDTH OF
 PIPES; OTHER PHYSICAL ASSETS MAINTAINED BY THE SYSTEM, INCLUDING  TREAT-
 MENT  FACILITIES  AND  PUMPING STATIONS; THE AGE OF THE SYSTEM'S INFRAS-
 TRUCTURE; AND RELEVANT SOCIOECONOMIC FACTORS, INCLUDING THE PRESENCE  OF
 DISADVANTAGED  COMMUNITIES WITHIN A SYSTEM'S SERVICE AREA, TO ACHIEVE AN
 EQUITABLE DISTRIBUTION OF AID.
   4. MONIES MADE AVAILABLE MAY BE USED TO MATCH OTHER STATE AND  FEDERAL
 FUNDS MADE AVAILABLE FOR SUCH PROJECTS.  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, VILLAGE  OR  PUBLIC  AUTHORITY  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-FIVE, FUNDS
 ARE TO BE MADE AVAILABLE TO THE LOCAL INFRASTRUCTURE ASSISTANCE  ACCOUNT
 OF THE GENERAL FUND, AND DISTRIBUTED FROM THAT ACCOUNT.
   7.  AT  THE  END OF EACH FISCAL YEAR, EACH COUNTY, CITY, TOWN, VILLAGE
 AND PUBLIC AUTHORITY THAT RECEIVES  FUNDING  PURSUANT  TO  THIS  SECTION
 SHALL SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT DETAILING HOW SUCH MONEY
 WAS  USED.  THE  DEPARTMENT SHALL COMPILE ALL REPORTS AND SUBMIT THEM TO
 THE COMPTROLLER FOR THEIR REVIEW. ONCE A REPORT IS FINALIZED,  IT  SHALL
 BE  MADE  PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE. THE DEPARTMENT
 AND THE COMPTROLLER SHALL RESERVE THE RIGHT TO CONDUCT SIGHT  VISITS  TO
 ENSURE THE MONEY IS BEING USED ACCURATELY.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.