S08730 Summary:

BILL NOS08730
 
SAME ASSAME AS A07521
 
SPONSORHARCKHAM
 
COSPNSRPALUMBO, RHOADS
 
MLTSPNSR
 
Amd 1281, Pub Auth L; amd 1160, Pub Health L; amd Part T 6, Chap 57 of 2017; amd 102, RPT L
 
Relates to providing water utilities with access to water quality infrastructure improvement funding.
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S08730 Actions:

BILL NOS08730
 
03/05/2024REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
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S08730 Committee Votes:

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S08730 Floor Votes:

There are no votes for this bill in this legislative session.
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S08730 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8730
 
                    IN SENATE
 
                                      March 5, 2024
                                       ___________
 
        Introduced  by Sen. HARCKHAM -- 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, the public health law, the
          New York State water infrastructure improvement act of 2017,  and  the
          real property tax law,  in relation to providing access to water qual-
          ity infrastructure improvement funding to water utilities
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 34 of section 1281 of  the  public  authorities
     2  law,  as added by chapter 413 of the laws of 1996, is amended to read as
     3  follows:
     4    34. "Recipient"  shall  mean  any  municipality,  public  utility,  or
     5  person,  including  any individual, firm, partnership, association, not-
     6  for-profit corporation or other corporation organized and existing under
     7  the laws of the state or any other state which is empowered to construct
     8  and operate an eligible project, or any two or  more  of  the  foregoing
     9  which  are  acting  jointly  in  connection  with  an  eligible project;
    10  provided any project by a water utility shall have a clear and  definite
    11  public purpose and shall benefit the customers of the water system.
    12    §  2.    Subdivision  10  of section 1160 of the public health law, as
    13  added by chapter 413 of the laws  of  1996,    is  amended  to  read  as
    14  follows:
    15    10.  "Recipient"  means  any  municipality, public utility, or person,
    16  including any individual, firm, partnership, association, not-for-profit
    17  corporation or other corporation organized and existing under  the  laws
    18  of  the  state  or  any  other state which is empowered to construct and
    19  operate an eligible project, or any two or more of the  foregoing  which
    20  are  acting jointly in connection with an eligible project; provided any
    21  project by a water utility  shall  have  a  clear  and  definite  public
    22  purpose and shall benefit the customers of the water system.
    23    § 3. Paragraph a of subdivision 3 of section 6 of part T of chapter 57
    24  of  the  laws of 2017, constituting the New York State water infrastruc-
    25  ture improvement act of 2017, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11508-01-3

        S. 8730                             2
 
     1    a.  The  environmental  facilities  corporation  shall  undertake  and
     2  provide state financial assistance payments, from funds appropriated for
     3  such  purpose,  to  municipalities  and water utilities regulated by the
     4  public service commission in support  of  water  quality  infrastructure
     5  projects provided, however, in any such year that funds are appropriated
     6  for  such  purpose,  no municipality or water utility shall receive more
     7  than five million dollars of appropriated funds, and any  project  by  a
     8  water  utility  shall have a clear and definite public purpose and shall
     9  benefit the customers of the water system. Such state financial  assist-
    10  ance  payments  shall  be  awarded  only to water quality infrastructure
    11  projects for:
    12    (i) replacement or repair of infrastructure; or
    13    (ii) compliance with environmental and public health  laws  and  regu-
    14  lations related to water quality.
    15    §  4.  Subdivision  17 of section 102 of the real property tax law, as
    16  amended by chapter 569 of the laws  of  1996,  is  amended  to  read  as
    17  follows:
    18    17.  "Special  franchise"  means  the  franchise,  right, authority or
    19  permission to construct, maintain or operate in, under, above,  upon  or
    20  through  any  public street, highway, water or other public place mains,
    21  pipes, tanks, conduits, wires or transformers, with their appurtenances,
    22  for conducting water, steam, light, power,  electricity,  gas  or  other
    23  substance.  For  purposes of assessment and taxation a special franchise
    24  shall include the value of the tangible  property  situated  in,  under,
    25  above, upon or through any public street, highway, water or other public
    26  place  in  connection  therewith.  The  term special franchise shall not
    27  include central office equipment or  station  equipment  (except  public
    28  telephone  terminal  equipment)  which first appears on assessment rolls
    29  prepared on the basis of taxable status  dates  occurring  on  or  after
    30  October  first,  nineteen  hundred  ninety-five  and which is owned by a
    31  telephone company as defined in paragraph (d) of subdivision  twelve  of
    32  this section, or owned by a telephone corporation as defined in subdivi-
    33  sion seventeen of section two of the public service law and certified by
    34  the public service commission under section ninety-nine of such law, nor
    35  shall  it  include  property  of a municipal corporation, public benefit
    36  corporation or special district, nor shall it include  a  crossing  less
    37  than two hundred fifty feet in length of a public street, highway, water
    38  or other public place outside a city or village, unless such crossing be
    39  the  continuation  of  an  occupancy  of another public street, highway,
    40  water or other public place. For a water utility, the term special fran-
    41  chise shall not include the value of water  infrastructure  improvements
    42  funded  or  financed  through  the  New  York State water infrastructure
    43  improvement act of 2017, or the drinking water revolving  fund  pursuant
    44  to  section  1285-m of the public authorities law, provided that any tax
    45  relief realized through such exemption shall be used to  reduce  current
    46  water rates and offset future water rate increases.
    47    § 5. This act shall take effect immediately.
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