2023 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.