N.Y. Public Authorities Law § 1285-s: New York state intermunicipal water infrastructure grants program

§ 1285-s. New York state intermunicipal water infrastructure grants

program. 1. For purposes of this section:

(a) "water quality infrastructure project" shall mean "sewage

treatment works" as defined in section 17-1903 of the environmental

conservation law or "eligible project" as defined in paragraphs (a),

(b), (c) and (e) of subdivision four of section eleven hundred sixty of

the public health law.

(b) "construction" shall mean:

(i) for sewage treatment works, the same meaning as defined in section

17-1903 of the environmental conservation law; and

(ii) for eligible projects, the same meaning as defined in section one

thousand one hundred sixty of the public health law.

(c) "municipality" shall mean any county, city, town, village,

district corporation, county or town improvement district, school

district, Indian nation or tribe recognized by the state or the United

States with a reservation wholly or partly within the boundaries of New

York state, any public benefit corporation or public authority

established pursuant to the laws of New York or any agency of New York

state which is empowered to construct and operate an intermunicipal

water quality infrastructure project, or any two or more of the

foregoing which are acting jointly in connection with an intermunicipal

water quality infrastructure project.

2. (a) The environmental facilities corporation shall undertake and

provide state financial assistance payments, from funds appropriated for

such purpose, to municipalities in support of intermunicipal water

quality infrastructure projects provided, however, in any such year that

funds are appropriated for such purpose, each project shall receive an

award of up to ten million dollars of appropriated funds; provided that

such monies shall not exceed sixty percent of the total project cost;

and provided further that the total state financial assistance payment

for the project does not represent a disproportionate share of the total

amount of available funding in any given year.

(b) Intermunicipal water quality infrastructure projects shall serve

multiple municipalities and may include a shared water quality

infrastructure project or interconnection of multiple municipal water

quality infrastructure projects and shall be awarded only to water

quality infrastructure projects for:

(i) construction, replacement or repair of infrastructure provided,

however, that such assistance shall not be awarded for construction to

exclusively support residential or commercial development; or

(ii) compliance with environmental and public health laws and

regulations related to water quality.

(c) Cooperating municipalities may make an application for an

intermunicipal water infrastructure grant, in a manner, form and

timeframe and containing such information as the environmental

facilities corporation may require provided however, such requirements

shall not include a requirement for prior listing on the intended use

plan.

(d) Cooperating municipalities shall not be required to accept

environmental facilities corporation loan financing in order to obtain a

state financial assistance payment pursuant to this section if it can

provide proof of having obtained similarly low cost financing or other

funding from another source.

(e) In awarding financial assistance payments, the corporation shall

be prohibited from requiring as a condition of receipt, or otherwise

giving preference to, applicants who agree to participate in the design,

creation, or implementation of a municipal consolidation plan.

3. Intermunicipal water quality infrastructure projects financed with

state financial assistance made available pursuant to this section shall

be subject to the requirements of article eight of the labor law, the

requirements of article seventeen-B of the executive law and the

requirements and provisions of all applicable minority- and women-owned

business mandates including, but not limited to article fifteen-A of the

executive law.