BILL NUMBER: S8389
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
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
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Paragraph (a) of subdivision 1 of section 1285-j of the
public authorities' law, as amended by chapter 262 of the laws of 2007.
The corporation shall undertake and provide assistance in support of the
program to make financial assistance available to municipalities to
encourage and support the planning, development and construction of
municipal water pollution control project in accordance with the
provision of this section, section 17-1909 of the environmental conser-
vation law, and to make financial assistance available to eligible
borrowers through linked deposits made in accordance with article
sixteen of the state finance law. Money of the fund shall be allocated
to municipalities for eligible projects in proportion to the population
of such municipality and shall not be subject to a dollar amount limita-
tion.
Section 2. Paragraph q of subdivision 1 of section 17-1909 of the envi-
ronmental conservation law, as amended by chapter 262 of the laws of
2007, is amended, "intended use plan" means the plan prepared pursuant
to subdivision tow of this section, identifying the intended uses of the
amounts available in the fund, including but not limited to: (i) a list
of those projects for construction of publicly owned treatment works on
the priority list developed pursuant to subdivision tow of this section
anticipated to be finances by the fund through the water pollution
control linked deposit programs; (iii) a description of the short and
long term goals and objectives of the fund; (iv) information on the
activities to be supported, including a description of project catego-
ries, discharge requirements under the Federal Water pollution Control
act, terms of financial assistance, and eligible borrowers pursuant to
the water pollution control linked deposit program served; 9v) the
criteria and method established for the distribution of funds; and (vi)
the amount of moneys for the fund, not to exceed ten million dollars
annually, to be made available for linked loans under the water
pollution control linked deposit program during the period covers by
such intended use plan.
Section 3 Paragraph a of subdivision 3 of section 17-1909 of the envi-
ronmental conservation law, as amended by chapter 259 of the laws of
2021; the corporation is authorized to promulgate regulations, developed
in consultation with the commission and the director of the division of
the budget, for the purposes of carrying out its responsibilities under
this section, including establish criteria and standards for determining
the amount of financial assistance to a municipality for and eligible
project,; provided, however, that such regulation shall provide that
moneys of the fund shall be allocated to municipalities for eligible
projects in proportion to the population of such municipality and shall
not be subject to a dollar amount limitation.
Section 4; Subdivision 1 of section 1162 of the public health law, as
amend by chapter 134 of the laws of 2007, is amended to read; the corpo-
ration is authorized to promulgate regulations, developed in consulta-
tion with the commissioner and director of the division of the budget,
for the purposed of carrying our it responsibilities under this title,
including establishing criteria and standards for determining the amount
and kind of financial assistance to a recipient for an eligible project.
Provided, however, that such regulation shall provide that moneys of the
fund shall be allocated to municipalities for eligible projects in
proportion to the population of such municipality and shall be subject
to a dollar amount limitation.
Section 5; Paragraph (b) of subdivision 1 of section 1285-m of the
public authorities' law, as added by chapter 134 of the laws of 2007, is
amended: There is hereby established in the custody of the corporation a
special fund to be know as the drinking water revolving fund. Except as
otherwise provided by this paragraph, moneys in the drinking water
revolving fund shall be segregated from all other funds of or in the
custody of the corporation subject to any rights of holders of corpo-
ration bonds or notes issues for the purposed of this section. Moneys in
the drinking water revolving fund shall only be used in accordance with
the provision of this section and title four of article eleven of the
public health law; provided that , in addition, to the extent permitted
by federal or state law, money in the drinking water revolving fund may
be transferred to and used for the purposes authorized for the water
pollution control revolving fund, and money in the water pollution
control revolving fund may be transferred to and used for the purposes
authorized for the drinking water revolving fund.
Section 6; This act shall take effect immediately.
 
JUSTIFICATION:
Aging infrastructure throughout our state requires attention from all
levels of government. The use of lead in the manufacturing of pipes used
to access drinking water has become a relevant concern in recent decades
as research has shown that the consumption of lead poses serious health
risks. Ensuring that private owners have access to the necessary funds
to upgrade and replace aging pipes is essential to promoting public
health and safety.
This bill guarantees that funding allocated to improve surface and
subsurface infrastructure related to accessing clean water, - whether
through pollution control measures or clean drinking water initiatives -
is appropriated fairly and in proportion to the population of the local-
ities affected by lead contamination in their drinking water.
 
LEGISLATIVE HISTORY:
New
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Yet to be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8389: 1285-j public authorities law, 1285-j(1) public authorities law, 1162 public health law, 1162(1) public health law