§ 1285-s. New York state intermunicipal water infrastructure grants
program. 1. For purposes of this section:

(a) "water quality infrastructure project" shall mean "sewage
treatment works" as defined in section 17-1903 of the environmental
conservation law or "eligible project" as defined in paragraphs (a),
(b), (c) and (e) of subdivision four of section eleven hundred sixty of
the public health law.

(b) "construction" shall mean:

(i) for sewage treatment works, the same meaning as defined in section
17-1903 of the environmental conservation law; and

(ii) for eligible projects, the same meaning as defined in section one
thousand one hundred sixty of the public health law.

(c) "municipality" shall mean any county, city, town, village,
district corporation, county or town improvement district, school
district, Indian nation or tribe recognized by the state or the United
States with a reservation wholly or partly within the boundaries of New
York state, any public benefit corporation or public authority
established pursuant to the laws of New York or any agency of New York
state which is empowered to construct and operate an intermunicipal
water quality infrastructure project, or any two or more of the
foregoing which are acting jointly in connection with an intermunicipal
water quality infrastructure project.

2. (a) The environmental facilities corporation shall undertake and
provide state financial assistance payments, from funds appropriated for
such purpose, to municipalities in support of intermunicipal water
quality infrastructure projects provided, however, in any such year that
funds are appropriated for such purpose, each project shall receive an
award of up to ten million dollars of appropriated funds; provided that
such monies shall not exceed sixty percent of the total project cost;
and provided further that the total state financial assistance payment
for the project does not represent a disproportionate share of the total
amount of available funding in any given year.

(b) Intermunicipal water quality infrastructure projects shall serve
multiple municipalities and may include a shared water quality
infrastructure project or interconnection of multiple municipal water
quality infrastructure projects and shall be awarded only to water
quality infrastructure projects for:

(i) construction, replacement or repair of infrastructure provided,
however, that such assistance shall not be awarded for construction to
exclusively support residential or commercial development; or

(ii) compliance with environmental and public health laws and
regulations related to water quality.

(c) Cooperating municipalities may make an application for an
intermunicipal water infrastructure grant, in a manner, form and
timeframe and containing such information as the environmental
facilities corporation may require provided however, such requirements
shall not include a requirement for prior listing on the intended use
plan.

(d) Cooperating municipalities shall not be required to accept
environmental facilities corporation loan financing in order to obtain a
state financial assistance payment pursuant to this section if it can
provide proof of having obtained similarly low cost financing or other
funding from another source.

(e) In awarding financial assistance payments, the corporation shall
be prohibited from requiring as a condition of receipt, or otherwise
giving preference to, applicants who agree to participate in the design,
creation, or implementation of a municipal consolidation plan.

3. Intermunicipal water quality infrastructure projects financed with
state financial assistance made available pursuant to this section shall
be subject to the requirements of article eight of the labor law, the
requirements of article seventeen-B of the executive law and the
requirements and provisions of all applicable minority- and women-owned
business mandates including, but not limited to article fifteen-A of the
executive law.