N.Y. Public Authorities Law Section 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.

Source: Section 1285-T — Water infrastructure emergency financial assistance, https://www.­nysenate.­gov/legislation/laws/PBA/1285-T (updated Apr. 28, 2017; accessed Jul. 13, 2024).

1280
Short title
1281
Definitions
1282
New York state environmental facilities corporation
1283
Purposes of the corporation
1284
General powers of the corporation
1285
Special powers of the corporation
1285‑A
Construction, operation and maintenance of air pollution control facilities, water management facilities and storm water collecting systems
1285‑B
Additional special powers of the corporation with respect to projects and persons
1285‑C
Construction, operation and maintenance of industrial hazardous waste treatment, storage and disposal facilities
1285‑D
Studies regarding design, construction and operation of industrial waste treatment, storage and disposal facilities
1285‑E
Inactive hazardous waste disposal site remedial programs
1285‑F
Program for ultimate disposal of hazardous wastes
1285‑G
Industrial materials recycling program
1285‑H
Inactive hazardous waste disposal site remedial programs
1285‑I
Commercial and industrial waste audits
1285‑J
Water pollution control revolving fund
1285‑K
Financing of the design, acquisition, construction, improvement and installation of Riverbank Park
1285‑L
State park infrastructure projects
1285‑M
Drinking water revolving fund
1285‑N
Issuance and sale of recipient bonds and notes
1285‑O
Pipeline for jobs fund
1285‑P
State environmental infrastructure projects
1285‑Q
Financing of hazardous waste site remediation projects
1285‑R
State beginning farmer program
1285‑S
New York state intermunicipal water infrastructure grants program
1285‑T
Water infrastructure emergency financial assistance
1285‑U
Septic system replacement fund
1286
Acquisition and disposition of real property
1287
Construction contracts
1288
Co-operation and assistance of other agencies
1289
Transfer of officers and employees
1290
Notes and bonds of the corporation
1290‑A
Insurance and guarantees
1291
Reserve funds and appropriations
1292
Agreement of the state
1293
Right of state to require redemption of bonds
1294
Remedies of noteholders and bondholders
1295
Notes and bonds as legal investment
1296
Exemption from taxation
1297
Actions against the corporation
1298
Title not affected if in part unconstitutional or ineffective

Accessed:
Jul. 13, 2024

Last modified:
Apr. 28, 2017

§ 1285-T’s source at nysenate​.gov

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