BILL NUMBER: S1850
SPONSOR: HINCHEY
 
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 1. 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: S4350 (referred to Finance) / A3133 (referred to Environmental
Conservation)
2024: S4350 (referred to Finance) / A3133 (referred to Environmental
Conservation)
 
FISCAL IMPLICATIONS::
To be determined
 
EFFECTIVE DATE::
This act shall take effect on the thirtieth day.