NY Pub Auth L § 1285-T (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 12 - New York State Environmental Facilities Corporation 1285-T - Water Infrastructure Emergency Financial Assistance.

§  1285-t. Water infrastructure emergency financial assistance. 1. For   purposes of this section, "municipality" means 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  a  wastewater  or   drinking  water  infrastructure  project,  or  any  two  or  more of the   foregoing which are acting jointly in connection with such a project.2. Upon a municipality's  formal  declaration  of  an  emergency,  the   municipality  shall provide the department of environmental conservation   or the department of health, as appropriate, with information to  assess   any  situation  in  which  the state of the municipality's wastewater or   water infrastructure is causing or may cause an imminent hazard  to  the   public  health  or welfare, or the environment. After its assessment, if   either  department  determines  the  state  of  the  infrastructure   is   resulting  or  may  result  in  imminent  hazard to the public health or   welfare, or to the environment, the corporation shall provide  temporary   emergency  assistance,  within amounts appropriated, to the municipality   in  an  amount  not  to  exceed  reasonable  costs  for   infrastructure   construction,  replacement,  or  repair,  and related engineering costs,   that is immediately necessary to eliminate or substantially reduce  such   hazard.3.  The corporation and the municipality shall enter into an agreement   signed by an officer duly  authorized  by  the  governing  body  of  the   municipality  pursuant to which the corporation shall transmit emergency   financial assistance in  an  amount  determined  by  the  department  of   environmental  conservation  or the department of health, as applicable,   as necessary to address the  imminent  hazard,  and  shall  provide  the   assistance  payment  to  the  municipality  within  two business days of   receipt of such determination. The municipality shall submit an itemized   cost estimate from the municipality's engineer or engineering consultant   to the applicable department sufficient to make such determination.4. No later than fourteen days after the cessation of  the  emergency,   the  municipality shall provide to the corporation documentation for all   costs paid with the emergency assistance and refund to  the  corporation   any portion of the financial assistance not used or committed to pay for   the  construction,  replacement, or repair and related engineering costs   determined to be necessary under subdivision one of this section.5. Subject to  appropriation  or  duly  authorized  indebtedness,  the   municipality  shall repay the corporation within one year of its receipt   of emergency financial assistance the full  amount  of  such  assistance   provided  to  it under this section. The corporation may extend the time   to repay for up to one additional year if the corporation determines  in   its  sole  discretion  that  such  an  extension  is warranted under the   circumstances.6. Nothing in this section nullifies the eligibility of a municipality   for other infrastructure funding, including grant, which may be provided   by  the  state  for  water  infrastructure  directly  related   to   the   infrastructure for which emergency financial assistance is awarded under   this  section, including funding the municipality could use to repay the   emergency financial assistance. If the municipality receives such  other   funding  from  the  state or any financial assistance from a third party   for the same infrastructure, the  municipality  shall  within  ten  days   first  repay  the  corporation  the outstanding balance of the emergency   financial assistance before paying any remaining  costs  for  the  water   infrastructure.