Bill Text: NY A06660 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 6660 (Prior Session Legislation)

Introduced

Bill Title: Establishes "rural freshwater improvement and protection program" which provides for upgrading, repairing and replacing septic systems; directs DEC to prepare model ordinances for towns and villages; sets up revolving loan fund for homeowners to conform; also provides tax credit to homeowner.

Spectrum: Strong Partisan Bill (Republican 19-1)

Status: (Introduced - Dead) 2014-06-17 - held for consideration in ways and means [A06660 Detail]

Download: New_York-2013-A06660-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6660
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 12, 2013
                                      ___________
       Introduced  by M. of A. OAKS, HAWLEY, KOLB, MONTESANO -- Multi-Sponsored
         by -- M. of A.    BARCLAY,  BUTLER,  CORWIN,  CROUCH,  DUPREY,  FINCH,
         FITZPATRICK,  JORDAN, McDONOUGH, McLAUGHLIN, PALMESANO, RABBITT, RAIA,
         SALADINO, THIELE -- read once and referred to the  Committee  on  Ways
         and Means
       AN  ACT to amend the tax law, the environmental conservation law and the
         state finance law, in relation to establishing  the  rural  freshwater
         improvement and protection program
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
    2  subsection (u) to read as follows:
    3    (U)  DEDUCTION FOR SEPTIC SYSTEM UPGRADES, REPLACEMENTS OR REPAIRS.  A
    4  TAXPAYER SHALL BE ALLOWED A DEDUCTION AGAINST THE TAX  IMPOSED  BY  THIS
    5  ARTICLE.  THE  AMOUNT OF THE DEDUCTION SHALL BE THE ACTUAL COST INCURRED
    6  BY THE TAXPAYER IN MAKING SEPTIC SYSTEM UPGRADES,  REPAIRS  OR  REPLACE-
    7  MENTS  TO  THE  TAXPAYER'S PRIMARY OR SECONDARY RESIDENCE.  THE UPGRADE,
    8  REPAIRS OR REPLACEMENT SHALL BE  IN  ACCORDANCE  WITH  A  SEPTIC  SYSTEM
    9  INSPECTION  PROGRAM  APPROVED BY THE MUNICIPALITY IN WHICH THE RESIDENCE
   10  IS LOCATED.
   11    S 2. The environmental conservation law is amended  by  adding  a  new
   12  section 15-2915 to read as follows:
   13  S 15-2915. RURAL FRESHWATER IMPROVEMENT AND PROTECTION PROGRAM.
   14    1. THE DEPARTMENT OR ANY LOCAL SOIL AND WATER CONSERVATION DISTRICT AT
   15  THE  DIRECTION  OF  THE  DEPARTMENT  SHALL CREATE PROPOSED SEPTIC SYSTEM
   16  ORDINANCES TO BE ADOPTED BY ANY TOWN OR VILLAGE OF THE STATE WHICH ORDI-
   17  NANCES SHALL DIRECT UPGRADES, REPAIRS OR REPLACEMENTS OF EXISTING SEPTIC
   18  SYSTEMS.
   19    2. A REVOLVING LOAN FUND IS HEREBY CREATED  TO  BE  DISBURSED  AT  THE
   20  DIRECTION  OF THE COMMISSIONER TO COUNTY SOIL AND CONSERVATION DISTRICTS
   21  CONTAINING MUNICIPALITIES WHICH  HAVE  ADOPTED  ORDINANCES  PURSUANT  TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04392-02-3
       A. 6660                             2
    1  SUBDIVISION  ONE  OF  THIS  SECTION,  WHICH COUNTY SOIL AND CONSERVATION
    2  DISTRICTS MAY MAKE LOANS TO HOMEOWNERS  WHO  CAN  DEMONSTRATE  FINANCIAL
    3  NEED  TO MAKE UPGRADES, REPAIRS OR REPLACEMENTS TO SEPTIC SYSTEMS AS SET
    4  FORTH IN SUBDIVISION ONE OF THIS SECTION.  SUCH LOANS WHICH SHALL BE DUE
    5  AND PAYABLE WITHIN TEN YEARS OR UPON SALE OF THE PROPERTY.
    6    3.  THE  DEPARTMENT  SHALL AT THE DIRECTION OF THE COMMISSIONER MAKE A
    7  ONE-TIME GRANT TO ANY TOWN OR VILLAGE  OF  THIS  STATE  WHICH  ADOPTS  A
    8  SEPTIC  SYSTEM  ORDINANCE  APPROVED BY THE DEPARTMENT FOR THE PURPOSE OF
    9  DEVELOPING AND CARRYING OUT A  COMPREHENSIVE  SEPTIC  SYSTEM  INSPECTION
   10  PROGRAM.
   11    S  3. The state finance law is amended by adding a new section 99-v to
   12  read as follows:
   13    S 99-V. RURAL FRESHWATER IMPROVEMENT AND PROTECTION PROGRAM  FUND.  1.
   14  THERE  IS  HEREBY  ESTABLISHED  IN  THE JOINT CUSTODY OF THE STATE COMP-
   15  TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL  FUND  TO
   16  BE  KNOWN  AS  THE  "RURAL FRESHWATER IMPROVEMENT AND PROTECTION PROGRAM
   17  FUND".
   18    2. THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE.
   19    3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
   20  BE EXPENDED IN ACCORDANCE WITH  SECTION  15-2915  OF  THE  ENVIRONMENTAL
   21  CONSERVATION LAW.
   22    S  4. This act shall take effect on the first of January next succeed-
   23  ing the date on which it shall have become a law.