2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 12 - New York State Environmental Facilities Corporation › 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.