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A10574 Summary:

BILL NOA10574
 
SAME ASSAME AS S08389
 
SPONSORRules (Rozic)
 
COSPNSR
 
MLTSPNSR
 
Amd §§1285-j & 1285-m, Pub Auth L; amd §17-1909, En Con L; amd §1162, Pub Health L
 
Provides that allocation of funds from the clean water state revolving fund and the drinking water revolving fund by the environmental facilities corporation shall be proportional according to population of municipalities and shall not be subject to dollar limitations.
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A10574 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10574
 
                   IN ASSEMBLY
 
                                      June 20, 2024
                                       ___________
 
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Rozic) --
          read once and referred to the Committee on Environmental Conservation
 
        AN ACT to amend the public authorities law, the environmental  conserva-
          tion  law  and the public health law, in relation to the allocation of
          funds from the clean water state revolving  fund    and  the  drinking
          water revolving fund by the environmental facilities corporation
 
          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 1 of  section  1285-j  of  the
     2  public  authorities  law, as amended by chapter 262 of the laws of 2007,
     3  is amended to read as follows:
     4    (a) The corporation shall undertake and provide assistance in  support
     5  of  the program to make financial assistance available to municipalities
     6  to encourage and support the planning, development and  construction  of
     7  municipal  water  pollution  control  projects  in  accordance  with the
     8  provisions of this section, section 17-1909 of the environmental conser-
     9  vation law, and to  make  financial  assistance  available  to  eligible
    10  borrowers  through  linked  deposits  made  in  accordance  with article
    11  sixteen of the state finance law. Moneys of the fund shall be  allocated
    12  to  municipalities for eligible projects in proportion to the population
    13  of such municipality and shall not be subject to a dollar amount limita-
    14  tion.
    15    § 2. Paragraph g of subdivision 1 of section 17-1909 of  the  environ-
    16  mental  conservation law, as amended by chapter 262 of the laws of 2007,
    17  is amended to read as follows:
    18    g. "Intended use plan" means the plan prepared pursuant to subdivision
    19  two of this section, identifying the intended uses of the amounts avail-
    20  able in the fund, including but not limited to:  (i)  a  list  of  those
    21  projects  for  construction  of  publicly  owned  treatment works on the
    22  priority list developed pursuant to subdivision  two  of  this  section;
    23  (ii)  a  list  of projects developed pursuant to subdivision two of this
    24  section anticipated to  be  financed  by  the  fund  through  the  water
    25  pollution  control  linked  deposit  program; (iii) a description of the
    26  short and long term goals and objectives of the fund;  (iv)  information
    27  on  the  activities  to be supported, including a description of project
    28  categories, discharge requirements under  the  Federal  Water  Pollution
    29  Control  Act,  terms  of  financial  assistance,  and eligible borrowers
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14236-01-4

        A. 10574                            2
 
     1  pursuant to the water pollution control linked deposit  program  served;
     2  (v)  the  criteria and method established for the distribution of funds;
     3  and (vi) the amount of moneys from the fund[, not to exceed ten  million
     4  dollars annually,] to be made available for linked loans under the water
     5  pollution  control  linked  deposit program during the period covered by
     6  such intended use plan.
     7    § 3. Paragraph a of subdivision 3 of section 17-1909 of  the  environ-
     8  mental  conservation law, as amended by chapter 259 of the laws of 2021,
     9  is amended to read as follows:
    10    a. The corporation is authorized to promulgate regulations,  developed
    11  in  consultation  with the commissioner and the director of the division
    12  of the budget, for the purpose  of  carrying  out  its  responsibilities
    13  under  this  section,  including establishing criteria and standards for
    14  determining the amount of financial assistance to a municipality for  an
    15  eligible project; provided, however, that such regulations shall provide
    16  that  moneys of the fund shall be allocated to municipalities for eligi-
    17  ble projects in proportion to the population of  such  municipality  and
    18  shall not be subject to a dollar amount limitation. To the extent finan-
    19  cial assistance to a municipality for an eligible project is provided as
    20  a  loan  from  the  proceeds  of  bonds or notes of the corporation, the
    21  amount of an allocation applicable  to  the  portion  of  such  eligible
    22  project financed with such loan shall be, subject to such maximum finan-
    23  cial  limitations  as  may  otherwise be necessary and prescribed by the
    24  commissioner and the director of the division  of  the  budget,  thirty-
    25  three  and  one-third  percent  of  the  principal  amount  of such loan
    26  outstanding at any time for such eligible project, to the extent reason-
    27  ably practicable, and subject to such deviation as may be necessary,  in
    28  connection with the administration and investment of moneys in the fund,
    29  unless  allocations  in  differing  amounts  are necessary to preclude a
    30  determination by the commissioner or the corporation pursuant  to  para-
    31  graph  e of subdivision eight of this section or unless an allocation in
    32  a differing amount is  required  for  an  innovative  technology  demon-
    33  stration  project;  provided,  however,  that in the case of any munici-
    34  pality which has, during the period commencing on June  first,  nineteen
    35  hundred ninety-two and ending on September thirtieth, two thousand twen-
    36  ty-four,  (i)  submitted  an application for financial assistance in the
    37  form of such a loan for an eligible project, which application has  been
    38  accepted  by  the  corporation,  (ii)  closed  on  such  loan, and (iii)
    39  commenced construction of such eligible project, the allocation applica-
    40  ble to the portion of such project financed with  such  loan  shall  be,
    41  subject  to  maximum financial limitations as may otherwise be necessary
    42  and prescribed by the commissioner and the director of the  division  of
    43  the  budget,  fifty percent of the principal balance outstanding on such
    44  loan at any time for such eligible project,  to  the  extent  reasonably
    45  practicable,  and  subject  to  such  deviation  as may be necessary, in
    46  connection with the administration and investment of moneys in the fund,
    47  unless allocations in differing amounts  are  necessary  to  preclude  a
    48  determination  by  the commissioner or the corporation pursuant to para-
    49  graph e of subdivision eight of this section or unless an allocation  in
    50  a  differing  amount  is  required  for  an innovative technology demon-
    51  stration project.
    52    § 4. Subdivision 1 of section  1162  of  the  public  health  law,  as
    53  amended  by  chapter  134  of  the  laws  of 2007, is amended to read as
    54  follows:
    55    1. The corporation is authorized to promulgate regulations,  developed
    56  in  consultation  with the commissioner and the director of the division

        A. 10574                            3
 
     1  of the budget, for the purpose  of  carrying  out  its  responsibilities
     2  under  this  title,  including  establishing  criteria and standards for
     3  determining the amount and kind of financial assistance to  a  recipient
     4  for an eligible project. To the extent financial assistance to a recipi-
     5  ent  for  an  eligible project is provided from the proceeds of bonds or
     6  notes of the corporation, the amount of an allocation applicable to  the
     7  portion of such eligible project financed with such financial assistance
     8  shall  be  determined  by  the corporation in accordance with such regu-
     9  lations, if any; provided, however, that such regulations shall  provide
    10  that  moneys of the fund shall be allocated to municipalities for eligi-
    11  ble projects in proportion to the population of  such  municipality  and
    12  shall not be subject to a dollar amount limitation.
    13    §  5.  Paragraph  (b) of subdivision 1 of section 1285-m of the public
    14  authorities law, as added by chapter 134 of the laws of 2007, is amended
    15  to read as follows:
    16    (b) There is hereby established in the custody of  the  corporation  a
    17  special fund to be known as the drinking water revolving fund. Except as
    18  otherwise  provided  by  this  paragraph,  moneys  in the drinking water
    19  revolving fund shall be segregated from all other funds  of  or  in  the
    20  custody  of  the  corporation subject to any rights of holders of corpo-
    21  ration bonds or notes issued for the purposes of this section.    Moneys
    22  in  the  drinking  water revolving fund shall only be used in accordance
    23  with the provisions of this section and title four of article eleven  of
    24  the public health law; provided that, in addition, to the extent permit-
    25  ted by federal or state law, moneys in the drinking water revolving fund
    26  may be transferred to and used for the purposes authorized for the water
    27  pollution  control  revolving  fund,  and  moneys in the water pollution
    28  control revolving fund may be transferred to and used for  the  purposes
    29  authorized  for  the  drinking water revolving fund.   The moneys in the
    30  drinking water revolving fund shall  be  applied  to  or  paid  out  for
    31  authorized  purposes of such fund in accordance with subdivision four of
    32  this section and title four of article eleven of the public health  law.
    33  To the extent approved by the commissioner of health and the commission-
    34  er  of  environmental conservation and notwithstanding the provisions of
    35  paragraph (a) of this subdivision, moneys in the drinking water  revolv-
    36  ing  fund  and in the water pollution control revolving fund may be held
    37  together; provided that all such moneys are segregated  from  all  other
    38  funds  of  or in the custody of the corporation subject to any rights of
    39  holders of corporation bonds or notes issued for the  purposes  of  this
    40  section;  provided  further,  that  the  corporation shall establish and
    41  maintain or cause there to be established and  maintained  a  system  of
    42  tracking the application of such moneys to the purposes of this section.
    43  The  corporation  may establish within the drinking water revolving fund
    44  additional accounts or subaccounts and specify any conditions applicable
    45  to the transfer of moneys between such  accounts  or  subaccounts.  With
    46  respect  to  each  eligible project, the corporation shall establish and
    47  maintain a record of the allocation provided for  the  benefit  of  such
    48  project  in accordance with the terms of the applicable financing agree-
    49  ment. Moneys of the fund shall be allocated to municipalities for eligi-
    50  ble projects in proportion to the population of  such  municipality  and
    51  shall not be subject to a dollar amount limitation.
    52    § 6. This act shall take effect immediately.
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