Senate Bill S1850B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1850
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2025
                                ___________
 
 Introduced  by  Sens.  HINCHEY,  ASHBY,  CANZONERI-FITZPATRICK, HELMING,
   KAVANAGH, MATTERA, MAY, MURRAY, RHOADS, ROLISON, STEC, TEDISCO,  WEBB,
   WEBER  --  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
 
   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 78 to read as follows:
                                ARTICLE 78
               SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM
 SECTION 78-0101. SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM.
 § 78-0101. 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-SIX,  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
 MILLION OR MORE. THE COMMISSIONER, IN CONJUNCTION WITH THE ENVIRONMENTAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05392-01-5
              

 S. 1850                             2
 
 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-FIVE 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-SEVEN, 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-SEVEN, 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1850--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2025
                                ___________
 
 Introduced  by  Sens.  HINCHEY,  ASHBY, BORRELLO, CANZONERI-FITZPATRICK,
   HELMING, KAVANAGH, MATTERA, MAY, MURRAY, RHOADS, ROLISON, STEC, TEDIS-
   CO, WEBB, WEBER -- read twice and ordered printed, and when printed to
   be  committed  to  the  Committee  on  Environmental  Conservation  --
   reported  favorably from said committee and committed to the Committee
   on Finance -- 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 78 to read as follows:
                                ARTICLE 78
               SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM
 SECTION 78-0101. SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM.
 § 78-0101. 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-SIX,  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; AND PROVIDED FURTHER,
 HOWEVER, THAT NO MORE THAN TEN PERCENT OF  THE  MONEYS  PAID  UNDER  THE
 PROGRAM  SHALL BE PAID TOWARD REPLACEMENT AND REHABILITATION OF DRINKING
 WATER, STORM WATER, AND SANITARY SEWER  SYSTEMS  UNDER  THE  MAINTENANCE
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05392-02-5
 S. 1850--A                          2

 AND/OR  OPERATIONAL JURISDICTION OF ANY ONE COUNTY, CITY, TOWN, VILLAGE,
 OR PUBLIC AUTHORITY.  THE COMMISSIONER, IN CONJUNCTION WITH THE ENVIRON-
 MENTAL FACILITIES 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  MAINTE-
 NANCE  OF ANY SUCH EXISTING DRINKING WATER SYSTEM, STORM WATER SYSTEM OR
 SANITARY 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 DEVEL-
 OPED 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-FIVE 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-SEVEN,  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-SEVEN,  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.