NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5056
SPONSOR: Conrad
 
TITLE OF BILL:
An act to amend the local finance law, in relation to extending the
exclusion of indebtedness contracted for sewage facilities
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation implements the proposed constitutional amendment
extending the authorization for municipalities to exclude sewer debt
from their constitutional debt limits.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill would amend Local Finance Law § 124.10 to
extend, until 2034, the existing authorization for municipalities to
exclude from their constitutional debt limitations indebtedness issued
for the construction or reconstruction of facilities for the conveyance,
treatment and disposal of sewage.
Section two of the bill would make a conforming amendment to Local
Finance Law § 136.00(4-a), which relates to calculation of the debt
limit.
 
JUSTIFICATION:c
Since 1964, counties, cities, towns and villages have been authorized to
exclude sewer-related debt from their constitutional debt limits, ensur-
ing they have the ability to finance other essential capital require-
ments. The constitutional authorization for the exclusion of sewer-re-
lated debt expires at the end of 2023. The bill makes the necessary
changes to the Local Finance Law to implement the proposed constitu-
tional amendment extending the sewer debt exclusion, once the amendment
has been approved by the voters.
 
PRIOR LEGISLATIVE HISTORY:
This is new legislation. Similar legislation was enacted in 2014.
 
FISCAL IMPLICATIONS:
None for the State.
 
EFFECTIVE DATE:
This act shall take effect on the same date as the amendment to the
constitution relating to sewer debt exclusion, S.4597/A.3776, takes
effect.
STATE OF NEW YORK
________________________________________________________________________
5056
2023-2024 Regular Sessions
IN ASSEMBLY
March 1, 2023
___________
Introduced by M. of A. CONRAD, THIELE -- (at request of the State Comp-
troller) -- read once and referred to the Committee on Local Govern-
ments
AN ACT to amend the local finance law, in relation to extending the
exclusion of indebtedness contracted for sewage facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs a and c of section 124.10 of the local finance
2 law, as amended by chapter 150 of the laws of 2014, are amended to read
3 as follows:
4 a. In ascertaining the power of a municipality to contract indebt-
5 edness, there may be excluded any outstanding indebtedness contracted by
6 such municipality on or after January first, nineteen hundred sixty-two,
7 and prior to January first, two thousand [twenty-four] thirty-four, for
8 the construction or reconstruction of facilities for the conveyance,
9 treatment and disposal of sewage.
10 c. The term indebtedness, as used in this section, shall include
11 indebtedness evidenced by obligations issued on or after January first,
12 two thousand [twenty-four] thirty-four for the purpose of financing any
13 indebtedness contracted for the purposes and within the period specified
14 in paragraph a of this section.
15 § 2. Paragraph 4-a of section 136.00 of the local finance law, as
16 amended by chapter 150 of the laws of 2014, is amended to read as
17 follows:
18 4-a. Indebtedness for sewage facilities. In the case of a munici-
19 pality, the amount of outstanding indebtedness contracted on or after
20 January first, nineteen hundred sixty-two, and prior to January first,
21 two thousand [twenty-four] thirty-four, for the construction or recon-
22 struction of facilities for the conveyance, treatment and disposal of
23 sewage. The amount of such indebtedness to be deducted shall be ascer-
24 tained pursuant to section 124.10 of this chapter.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09517-01-3
A. 5056 2
1 § 3. This act shall take effect on the effective date of the amend-
2 ments to the constitution contained in the concurrent resolution enti-
3 tled "CONCURRENT RESOLUTION OF THE SENATE AND THE ASSEMBLY proposing an
4 amendment to section 5 of article 8 of the constitution, in relation to
5 the exclusion of indebtedness contracted for sewage facilities" as
6 proposed in legislative bills numbers S. 4597 and A. 3776 takes effect,
7 in accordance with article 19 of the constitution.