Relates to the septic system replacement fund; authorizes septic system installers contracted by the property owner to receive reimbursement directly if the property owner makes such request in writing.
STATE OF NEW YORK
________________________________________________________________________
6317
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
___________
Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions
AN ACT to amend the public authorities law, in relation to the septic
system replacement fund
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 2 and subdivision 3 of section
2 1285-u of the public authorities law, as added by section 9 of part T of
3 chapter 57 of the laws of 2017, are amended to read as follows:
4 (a) There is hereby created the state septic system replacement fund,
5 which shall be administered by the corporation to reimburse property
6 owners or at the written request of a property owner, the septic system
7 installer contracted by the property owner, for up to fifty percent of
8 the eligible costs incurred for eligible septic system projects,
9 provided that no property owner shall be reimbursed more than ten thou-
10 sand dollars and no septic system installer may be reimbursed more than
11 ten thousand dollars per property.
12 3. (a) A participating county shall notify property owners who may be
13 eligible to participate in the program. Determinations of eligibility
14 will be made by the participating county based on the published program
15 criteria and consideration of a property's location in relation to a
16 waterbody, impacts to groundwater used as drinking water, and the condi-
17 tion of the property owner's current septic system as determined by:
18 (i) the county health department official; or
19 (ii) other designated authority having jurisdiction, pursuant to
20 septic inspections required by a municipal separate storm sewer system
21 permit; or
22 (iii) a septic contractor pursuant to the applicable county sanitary
23 code provided, however, in cases where a property owner has authorized
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11639-01-7
S. 6317 2
1 in writing such contractor to receive reimbursement directly, additional
2 verification shall be required.
3 (b) An owner of property served by a septic system or cesspool may
4 apply to a participating county on an application substantially in the
5 form provided by the corporation.
6 (c) Property owners in participating counties must have signed a prop-
7 erty owner participation agreement with the county before the start of
8 the design phase to be eligible for reimbursement from the fund. The
9 agreement must be substantially in the form provided by the corporation
10 and include, without limitation, the program's goals, guidelines, eligi-
11 bility requirements and reimbursement procedures.
12 (d) A property owner may apply for reimbursement of eligible costs by
13 submitting to the participating county a reimbursement application,
14 which must include at least:
15 (i) a signed property owner participation agreement;
16 (ii) a completed reimbursement application form substantially in the
17 form provided by the corporation;
18 (iii) any applicable design approval for the septic system project;
19 (iv) description of all work completed; [and]
20 (v) cost documentation and invoice or invoices for eligible costs[.];
21 and
22 (vi) any written authorization for a septic system installer to
23 receive reimbursement directly.
24 (e) Participating counties will be responsible for reviewing their
25 property owners' applications and approving, modifying or denying the
26 reimbursement requests as appropriate and issuing reimbursement payments
27 to property owners from financial assistance payments made to the county
28 from the fund.
29 (f) Participation in this program and the receipt of payments shall
30 not prevent participating counties from providing additional reimburse-
31 ment to property owners.
32 (g) Subject to the limitations of paragraph (d) of this subdivision,
33 the county may set graduated incentive reimbursement rates for septic
34 system projects to maximize pollution reduction outcomes.
35 § 2. This act shall take effect on the same date and in the same
36 manner as section 9 of part T of chapter 57 of the laws of 2017, takes
37 effect.