S 5764: Establishes a wastewater infrastructure and drinking water program for the purpose of making payments toward the replacement and rehabilitation of existing local municipally-owned and funded drinking water, storm water and sanitary sewer systems; makes an appropriation therefor of $5,000,000.

  
  STATE OF NEW YORK ________________________________________________________________________ 5764 2025-2026 Regular Sessions  IN SENATE February 28, 2025 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to establishing the wastewater infrastructure and drinking water 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 section 3-0322 to read as follows: 3 § 3-0322. Wastewater infrastructure and drinking water program. 4 1. Notwithstanding any other provisions of this chapter or any other 5 law, rule or regulation, and subject to an appropriation made therefor 6 and in accordance with the provisions of this section and with the rules 7 and regulations promulgated by the commissioner in connection therewith, 8 on and after the first day of April, two thousand twenty-six, a wastewa- 9 ter infrastructure and drinking water program is hereby established for 10 the purpose of making payments toward the replacement and rehabilitation 11 of existing local municipally-owned and funded drinking water, storm 12 water and sanitary sewer systems. For purposes of this section, such 13 program shall apply to any drinking water system, storm water system or 14 sanitary sewer system within the state that is under the maintenance 15 and/or operational jurisdiction of a county, city, town, village or 16 public authority; provided, however, that such system shall not be under 17 the maintenance and/or operational jurisdiction of a private entity. The 18 commissioner, in conjunction with the environmental facilities corpo- 19 ration, shall promulgate all necessary rules and regulations to carry 20 out the program so that an equitable distribution of aid shall be made 21 for the general operation and/or general maintenance of any such exist- 22 ing drinking water system, storm water system or sanitary sewer system. 23 2. Such program shall offer grants to municipalities to help pay for 24 the initial planning of eligible Clean Water State Revolving Fund 25 (CWSRF) water quality projects. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09617-01-5 
 S. 5764 2 1 3. Funding may be used by municipalities for the preparation of an 2 engineering report. This includes planning activities to determine the 3 scope of water quality issues, evaluation of alternatives, and the 4 recommendation of a capital improvement project. In addition, the costs 5 to conduct an environmental review for the recommended alternative are 6 eligible. Design and construction costs are not eligible. Priority shall 7 be given to municipalities proposing planning activities that are: 8 (a) required by an executed Order on Consent; or 9 (b) required by a draft or final State Pollutant Discharge Elimination 10 System (SPDES) permit (e.g. nutrient removal, inflow and infiltration, 11 disinfection); or 12 (c) upgrading or replacing an existing wastewater system; or 13 (d) constructing a wastewater treatment and/or collection system for 14 an area with failing onsite septic systems; or 15 (e) addressing a pollutant of concern in a watershed implementation 16 plan (i.e. Total Maximum Daily Load (TMDL), Nine Element Watershed Plan, 17 or DEC HABs Action Plan). 18 § 2. This act shall take effect on the one hundred twentieth day after 19 it shall have become a law.