Establishes the safe water and infrastructure action program for the purpose of making payments toward the replacement and rehabilitation of certain existing local drinking water, storm water and sanitary sewer systems; applies to any county, city, town, village or public authority drinking water system, storm water system or sanitary sewer system within the state that is not under the maintenance and/or operational jurisdiction of a private entity; does not apply to NYC.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6155
SPONSOR: Gunther TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
establishing the safe water infrastructure action program
PURPOSE OR GENERAL IDEA OF BILL:
This legislation seeks to create a water, sewer and stormwater local
infrastructure funding program similar to the Consolidated Local Street
and Highway Improvement Program.
SUMMARY OF SPECIFIC PROVISIONS:
Section I. The environmental conservation law is amended by adding a new
article 76 which will do the following:
1. Establishes the Safe Water and infrastructure Action Program (SWAP)
which is a program to make payments towards the replacement and recon-
struction of existing local village, town, city or county municipally-
owned and public authority funded drinking water, stormwater and sani-
tary sewer systems in New York State; and directs the commissioner to
promulgate all rules and regulation under this title.
2. Establishes the dates of payments
3. Establishes a distribution formula based upon the total length and
size of all pipelines and mains owned and operated by the municipality.
4. Monies may be used to match any other state or federal funds for the
same purpose; and the remainder may be used for any existing drinking
water, storm water and sanitary sewer systems purchase and/or the acqui-
sition of materials for the repair and/or rehabilitation.
5. Establishes that these funds may be used towards the consolidation of
municipal infrastructure.
6. Establishes that funds will be available to the local infrastructure
assistance account
7. Establishes that each county, city, village and public authority that
receives SWAP funding must submit an annual report detailing how the
funds were used.
Section 2. Effective Date.
JUSTIFICATION:
According to the federal government, 80% of all New York State water
infrastructure, specifically drinking water, stormwater and sanitary
sewer, is in dire need of repair, replacement or rehabilitation. These
costs are ever increasing, while local municipalities struggle with less
federal and state funding, as well as their tax cap being tied to the
Consumer Price Index rendering their revenue generation static.
Economic growth is completely dependent upon updated and sound infras-
tructure that can handle added capacity. New York State will simply not
be competitive unless we invest in our infrastructure to ensure it has
the capacity for increased commercial growth and residential popu-
lations, much less handle its current capacity. New businesses will not
invest in our state if they cannot depend on the infrastructure to serve
them.
This legislation seeks to give local municipalities the funding stream
they require to keep up with repairs and rehabilitation of their current
local infrastructure.
The formula for calculating the amount due to each municipality is based
in part on the length and size of the pipe. It should be noted that
municipalities that have greater total pipe length and size of pipe will
correspond to older municipalities, particularly cities.
PRIOR LEGISLATIVE HISTORY:
2023: New Bill
FISCAL. IMPLICATIONS:
To be determined
EFFECTIVE DATE:
This act shall take effect on the thirtieth day.
STATE OF NEW YORK
________________________________________________________________________
6155
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee 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:
1 Section 1. The environmental conservation law is amended by adding a
2 new article 76 to read as follows:
3 ARTICLE 76
4 SAFE WATER AND INFRASTRUCTURE ACTION PROGRAM
5 Section 76-0101. Safe water and infrastructure action program.
6 § 76-0101. Safe water and infrastructure action program.
7 1. Notwithstanding any other provisions of this chapter or any other
8 law and subject to an appropriation made therefor and in accordance with
9 the provisions of this section and with the rules and regulations
10 promulgated by the commissioner in connection therewith, on and after
11 the first day of April, two thousand twenty-four, a consolidated local
12 infrastructure program is hereby established for the purpose of making
13 payments toward the replacement and rehabilitation of existing local
14 municipally-owned and funded drinking water, storm water and sanitary
15 sewer systems. For purposes of this section, such program shall apply to
16 any drinking water system, storm water system or sanitary sewer system
17 within the state that is under the maintenance and/or operational juris-
18 diction of a county, city, town, village or public authority; provided,
19 however, that such system shall not be under the maintenance and/or
20 operational jurisdiction of a private entity; provided further, however,
21 that such program shall not apply to a system that is under the mainte-
22 nance and/or operational jurisdiction of a city with a population of one
23 million or more. The commissioner, in conjunction with the environmental
24 facilities corporation, shall promulgate all necessary rules and regu-
25 lations to carry out the program so that an equitable distribution of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10491-01-3
A. 6155 2
1 aid shall be made for the general operation and/or general maintenance
2 of any such existing drinking water system, storm water system or sani-
3 tary sewer system. Existing water infrastructure includes all the man-
4 made and natural features that move and treat water in terms of drinking
5 water, waste water, and storm water. Monies from this fund may be used
6 for maintenance and repairs of existing water infrastructure as well as
7 new water infrastructure expansion, but only into already developed
8 areas so as not to support sprawl and development of natural areas.
9 Already developed areas are those that are zoned/defined by munici-
10 palities as of January first, two thousand twenty-three as commercial
11 and residential use.
12 2. On or before the twenty-fifth day of April, June, September and
13 November of each state fiscal year commencing with the state fiscal year
14 beginning on April first, two thousand twenty-five, there shall be
15 distributed and paid to counties, cities, towns, villages and public
16 authorities an amount equal to the moneys appropriated for the purposes
17 of this section divided by the number of payment dates in that state
18 fiscal year. Such amounts shall be distributed and paid pursuant to
19 subdivision three of this section.
20 3. Amounts shall be distributed for local drinking water, storm water
21 and sanitary sewer systems based upon a funding formula that the depart-
22 ment and the department of health shall create taking into consideration
23 factors including but not limited to: the system's length and width of
24 pipes; other physical assets maintained by the system, including treat-
25 ment facilities and pumping stations; the age of the system's infras-
26 tructure; and relevant socioeconomic factors, including the presence of
27 disadvantaged communities within a system's service area, to achieve an
28 equitable distribution of aid.
29 4. Monies made available may be used to match other state and federal
30 funds made available for such projects. The remainder of the apportion-
31 ment may be used for any existing drinking water, storm water or sewer
32 system purchases, including but not limited to, the acquisition of mate-
33 rials for the replacement or rehabilitation.
34 5. For any city, town, village or public authority which proposes
35 infrastructure consolidation under this section or merges with another
36 municipality, the funds appropriated under this section may fund costs
37 associated with such consolidation.
38 6. For each fiscal year, starting in two thousand twenty-five, funds
39 are to be made available to the local infrastructure assistance account
40 of the general fund, and distributed from that account.
41 7. At the end of each fiscal year, each county, city, town, village
42 and public authority that receives funding pursuant to this section
43 shall submit an annual report to the department detailing how such money
44 was used. The department shall compile all reports and submit them to
45 the comptroller for their review. Once a report is finalized, it shall
46 be made publicly available on the department's website. The department
47 and the comptroller shall reserve the right to conduct sight visits to
48 ensure the money is being used accurately.
49 § 2. This act shall take effect on the thirtieth day after it shall
50 have become a law.
