Bill Text: NY A10220 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to water pollution control linked loans.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2012-06-19 - held for consideration in ways and means [A10220 Detail]
Download: New_York-2011-A10220-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
10220
I N A S S E M B L Y
May 15, 2012
___________
Introduced by M. of A. SWEENEY -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, the state finance
law and the public authorities law, in relation to water pollution
control linked loans; and to repeal section 104-a of the executive law
relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph g of subdivision 1 and paragraph e of subdivision
2 2 of section 17-1909 of the environmental conservation law, paragraph g
3 of subdivision 1 as amended and paragraph e of subdivision 2 as added by
4 chapter 262 of the laws of 2007, are amended to read as follows:
5 g. "Intended use plan" means the plan prepared pursuant to subdivision
6 two of this section, identifying the intended uses of the amounts avail-
7 able in the fund, including but not limited to: (i) a list of those
8 projects for construction of publicly owned treatment works on the
9 priority list developed pursuant to subdivision two of this section;
10 (ii) a list of projects developed pursuant to subdivision two of this
11 section anticipated to be financed by the fund through the water
12 pollution control linked deposit program; (iii) a description of the
13 short and long term goals and objectives of the fund; (iv) information
14 on the activities to be supported, including a description of project
15 categories, discharge requirements under the Federal Water Pollution
16 Control Act, terms of financial assistance, and eligible borrowers
17 pursuant to the water pollution control linked deposit program served;
18 (v) the criteria and method established for the distribution of funds;
19 and (vi) the amount of moneys from the fund, not to exceed [ten] FORTY
20 million dollars [annually,] to be made available for linked loans under
21 the water pollution control linked deposit program during the period
22 covered by such intended use plan. IN ADDITION, A PORTION OF THOSE
23 MONIES MAY BE USED TO PROVIDE GRANTS FOR RESIDENTIAL PROPERTIES THAT
24 MEET THE DEFINITION OF "AFFORDABLE WORKFORCE HOUSING" IN SECTION SIX
25 HUNDRED NINETY-NINE-A OF THE GENERAL MUNICIPAL LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15844-01-2
A. 10220 2
1 e. For residential and small business on-site wastewater treatment
2 system projects funded through the water pollution control linked depos-
3 it program, [in consultation with the department of state,] the extent
4 to which the project will prevent an increase in nutrients in water
5 bodies or the extent to which the project will enhance AND PROTECT
6 GROUNDWATER, source water or watershed protection. PRIORITY SHALL BE
7 GIVEN TO THOSE RESIDENTIAL AND SMALL BUSINESS ON-SITE WASTEWATER TREAT-
8 MENT SYSTEM PROJECTS THAT MAY HAVE IMPAIRED OR CONTAMINATED OR ARE LIKE-
9 LY TO IMPAIR OR CONTAMINATE A SOLE SOURCE AQUIFER PRIMARY GROUNDWATER
10 RECHARGE AREA OR PRIMARY WATER SUPPLY AREA AS SUCH TERMS ARE DEFINED IN
11 SECTION 15-0514 OF THIS CHAPTER WITH PREFERENCE BASED ON PROJECTS THAT
12 WILL PROVIDE THE GREATEST IMPROVEMENT TO IMPAIRED WATER BODIES SUCH AS
13 THOSE IDENTIFIED IN THE DEPARTMENT'S WATER QUALITY ASSESSMENT PROGRAM
14 PURSUANT TO SECTION 303D OF THE FEDERAL CLEAN WATER ACT OR PROVIDE THE
15 GREATEST AMOUNT OF PROTECTION FOR WATER BODIES IN DANGER OF IMPAIRMENT.
16 S 2. Subdivisions 2, 3, 10 and 11 of section 236 of the state finance
17 law, as added by chapter 262 of the laws of 2007, are amended and three
18 new subdivisions 2-a, 3-a and 10-a are added to read as follows:
19 2. ["Eligible] PRIOR TO JANUARY FIRST, TWO THOUSAND THIRTEEN, "ELIGI-
20 BLE borrower" means any recipient, including any entity receiving or
21 eligible to receive an agricultural assessment pursuant to article twen-
22 ty-five-AA of the agriculture and markets law and any individual or
23 small business eligible to undertake an eligible project related to
24 residential and small business on-site wastewater treatment systems.
25 2-A. EFFECTIVE JANUARY FIRST, TWO THOUSAND THIRTEEN, "ELIGIBLE
26 BORROWER" MEANS ANY RECIPIENT, INDIVIDUAL OR SMALL BUSINESS ELIGIBLE TO
27 UNDERTAKE AN ELIGIBLE PROJECT RELATED TO RESIDENTIAL AND SMALL BUSINESS
28 ON-SITE WASTEWATER TREATMENT SYSTEMS.
29 3. ["Eligible] PRIOR TO JANUARY FIRST, TWO THOUSAND THIRTEEN, "ELIGI-
30 BLE project" shall mean a project for the implementation of a management
31 program established under section 319 of the Federal Water Pollution
32 Control Act related to agricultural operations, the upgrade or replace-
33 ment of residential and small business on-site wastewater treatment
34 systems with a system approved by the state or local department of
35 health, or the abandonment of residential and small business on-site
36 wastewater treatment systems [and] OR connection to a sewer, when a
37 sewer becomes available.
38 3-A. EFFECTIVE JANUARY FIRST, TWO THOUSAND THIRTEEN, "ELIGIBLE
39 PROJECT" SHALL MEAN A PROJECT FOR THE IMPLEMENTATION OF A MANAGEMENT
40 PROGRAM ESTABLISHED UNDER SECTION 319 OF THE FEDERAL WATER POLLUTION
41 CONTROL ACT RELATED TO THE UPGRADE OR REPLACEMENT OF RESIDENTIAL AND
42 SMALL BUSINESS ON-SITE WASTEWATER TREATMENT SYSTEMS WITH A SYSTEM
43 APPROVED BY THE STATE OR LOCAL DEPARTMENT OF HEALTH, OR THE ABANDONMENT
44 OF RESIDENTIAL AND SMALL BUSINESS ON-SITE WASTEWATER TREATMENT SYSTEMS
45 OR CONNECTION TO A SEWER, WHEN A SEWER BECOMES AVAILABLE.
46 10. ["Recipient"] PRIOR TO JANUARY FIRST, TWO THOUSAND THIRTEEN,
47 "RECIPIENT" means any person which is: (a) an individual or small busi-
48 ness which is eligible to undertake an eligible project related to resi-
49 dential and small business on-site wastewater treatment systems; or (b)
50 an entity receiving or eligible to receive an agricultural assessment
51 pursuant to article twenty-five-AA of the agriculture and markets law
52 which is eligible to undertake an eligible project; or (c) any two or
53 more of the foregoing which are acting jointly in connection with an
54 eligible project.
55 10-A. EFFECTIVE JANUARY FIRST, TWO THOUSAND THIRTEEN, "RECIPIENT"
56 MEANS ANY PERSON WHICH IS: (A) AN INDIVIDUAL OR SMALL BUSINESS WHICH IS
A. 10220 3
1 ELIGIBLE TO UNDERTAKE AN ELIGIBLE PROJECT RELATED TO RESIDENTIAL AND
2 SMALL BUSINESS ON-SITE WASTEWATER TREATMENT SYSTEMS; OR (B) ANY TWO OR
3 MORE OF THE FOREGOING WHICH ARE ACTING JOINTLY IN CONNECTION WITH AN
4 ELIGIBLE PROJECT.
5 11. "Residential and small business on-site wastewater treatment
6 system" means a system serving a residence or small business that
7 provides for the treatment and/or disposition of the combination of
8 human and sanitary waste with water [not exceeding one thousand gallons
9 per day].
10 S 3. Section 237 of the state finance law, as added by chapter 262 of
11 the laws of 2007, is amended to read as follows:
12 S 237. Establishment and purpose; water pollution control linked
13 deposit program authorization. The water pollution control linked depos-
14 it program is hereby created. The purpose of this program is to encour-
15 age and assist eligible borrowers within the state to undertake eligible
16 projects that reduce, control or prevent water pollution. The corpo-
17 ration is hereby authorized to use funds in the water pollution control
18 revolving fund established pursuant to section twelve hundred eighty-
19 five-j of the public authorities law not to exceed [ten] FORTY million
20 dollars [per fiscal year] for the water pollution control linked deposit
21 program.
22 S 4. Section 238 of the state finance law, as added by chapter 262 of
23 the laws of 2007, is amended to read as follows:
24 S 238. Linked loans. Linked loans shall be made by lenders pursuant to
25 the program only to eligible borrowers in connection with eligible
26 projects. No such loans shall be made after September thirtieth, two
27 thousand [eleven] TWENTY. The credit decisions for making a linked loan
28 shall be made solely by the lender.
29 S 5. Section 240 of the state finance law is amended by adding a new
30 subdivision 3 to read as follows:
31 3. THE CORPORATION SHALL PROVIDE NOTICE OF THE LINKED DEPOSIT PROGRAM
32 IN ITS WRITTEN MATERIAL AND ON ITS WEBSITE. THE CORPORATION SHALL
33 FURTHER NOTIFY MUNICIPALITIES OF THE AVAILABILITY OF THE PROGRAM FOR
34 ELIGIBLE BORROWERS.
35 S 6. Subdivision 2 of section 242 of the state finance law, as added
36 by chapter 262 of the laws of 2007, is amended to read as follows:
37 2. On or before February first, two thousand ten, and annually there-
38 after, the corporation shall submit to the governor, the temporary pres-
39 ident of the senate and the speaker of the assembly a report regarding
40 the activities of the programs. Such report shall include, but shall not
41 be limited to, the number and type of linked loans under each of the
42 programs and the amount thereof INCLUDING THE NUMBER OF RESIDENTIAL AND
43 SMALL BUSINESS ON-SITE WASTEWATER TREATMENT PROJECTS OR SEWER
44 CONNECTIONS MADE BY COUNTY, AND THE AMOUNTS THEREOF; the number and type
45 of lenders making linked loans and of borrowers receiving linked loans;
46 the geographic distribution of such lenders and borrowers; as well as
47 any information the corporation determines useful in evaluating the
48 benefits of the programs.
49 S 7. Section 243 of the state finance law, as added by chapter 262 of
50 the laws of 2007, is amended to read as follows:
51 S 243. Rules and regulations. The corporation [may] SHALL promulgate
52 rules and regulations necessary and reasonable for the operation of the
53 programs.
54 S 8. Section 104-a of the executive law is REPEALED.
55 S 9. The public authorities law is amended by adding a new section
56 1285-s to read as follows:
A. 10220 4
1 S 1285-S. WATER POLLUTION CONTROL LINKED LOANS. THE CORPORATION SHALL
2 ESTABLISH METHODS TO FACILITATE LOANS TO ELIGIBLE BORROWERS AND TO
3 DEVELOP EDUCATIONAL MATERIALS FOR ELIGIBLE BORROWERS ABOUT THE LOW-IN-
4 TEREST LOANS AVAILABLE THROUGH THE WATER POLLUTION CONTROL LINKED DEPOS-
5 IT PROGRAM, ESTABLISHED BY ARTICLE SIXTEEN OF THE STATE FINANCE LAW, AND
6 TO DEVELOP AN APPLICATION FORM TO BE PROVIDED TO LENDERS FOR LINKED
7 DEPOSIT LOAN REQUESTS. FOR RESIDENTIAL AND SMALL BUSINESS ON-SITE WASTE-
8 WATER TREATMENT SYSTEMS PROJECTS, THE CORPORATION SHALL REQUIRE OWNERS
9 OF SUCH SYSTEMS TO SUBMIT THE RESULTS OF INSPECTIONS OF SUCH SYSTEMS AT
10 THE TIME OF AN APPLICATION FOR FINANCIAL ASSISTANCE PURSUANT TO ARTICLE
11 SIXTEEN OF THE STATE FINANCE LAW. THE CORPORATION MAY PROMULGATE RULES
12 AND REGULATIONS NECESSARY AND REASONABLE FOR THE OPERATION OF THE
13 PROGRAM, INCLUDING BUT NOT LIMITED TO STANDARDS FOR THE INSPECTION OF
14 RESIDENTIAL AND SMALL BUSINESS ON-SITE WASTEWATER TREATMENT SYSTEMS.
15 S 10. This act shall take effect on the one hundred eightieth day
16 after it shall have become a law. Effective immediately, the addition,
17 amendment and/or repeal of any rule or regulation necessary for the
18 implementation of this act on its effective date is authorized to be
19 made on or before such date.
