What's happening
This bill authorizes New York to borrow up to $5 billion for water quality, infrastructure, and environmental improvement projects, pending voter approval.
Why it matters
Addresses urgent water infrastructure needs. By authorizing significant funding, the bill aims to repair, replace, and update aging municipal wastewater, stormwater, and drinking water systems, potentially preventing costly failures, service disruptions, and public health risks.
Targets environmental contamination and public health. Funds can be used to restore contaminated areas, mitigate exposure to emerging water contaminants, and improve environmental health, which could lead to cleaner drinking water and healthier communities—especially in places impacted by legacy pollution.
Broad scope for project eligibility and partnerships. The bill allows state agencies, local governments, public authorities, and not-for-profit corporations to access funding, fostering collaboration and enabling a wide range of projects, from research to direct infrastructure improvements.
Ensures polluters, not taxpayers, ultimately bear costs. If bond-funded projects recover money from polluters through superfund or other legal means, those funds must be used to repay the state debt, aligning financial responsibility with those who cause environmental harm.
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Who cares
Headline styles
Fund Clean Water Projects
Plain English, a few words. Used as the page title.
Sponsors
24 Co-sponsors
- Thomas F. O'Mara
- Joseph P. Addabbo Jr.
- Fredrick J. Akshar II
- George Amedore
- Tony Avella
- John E. Brooks
- Thomas Croci
- Rich Funke
- Joseph A. Griffo
- Jesse Hamilton
- Pamela Helming
- Brad Hoylman-Sigal
- Todd Kaminsky
- William J. Larkin Jr.
- Kenneth P. LaValle
- Carl L. Marcellino
- Kathleen A. Marchione
- Terrence P. Murphy
- Elaine Phillips
- Patty Ritchie
- James Sanders Jr.
- Diane J. Savino
- Susan Serino
- James L. Seward
History
- Referred to finance
- Returned to senate
- Died in assembly
- Referred to environmental conservation
- Delivered to assembly
- Passed senateVote 59–1
- Ordered to third reading cal.1714
- Committee discharged and committed to rules
- Print number 3772b
- Amend (t) and recommit to finance
- Print number 3772a
- Amend (t) and recommit to finance
Show 1 earlier action
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Fund Clean Water Projects
In Assembly Committee · Environmental Conservation · Sponsor Steven Englebright
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3772--B
2017-2018 Regular Sessions
IN SENATE
January 26, 2017
Introduced by Sens. HANNON, O'MARA, ADDABBO, AKSHAR, AMEDORE, AVELLA, BROOKS, CROCI, FUNKE, GRIFFO, HELMING, KAMINSKY, LARKIN, LAVALLE, MARCELLINO, MARCHIONE, MURPHY, PHILLIPS, RITCHIE, SANDERS, SAVINO, SERINO, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to authorize the creation of a state debt in the amount of five billion dollars, in relation to creating the "clean water bond act of
2018" to provide moneys for the preservation, enhancement, restoration and improvement of the quality of the state's water through the funding of certain projects and activities; and providing for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, two thousand eighteen
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The clean water bond act of 2018 is enacted to read as follows:
CLEAN WATER BOND ACT OF 2018
Section 1. Short title.
2. Creation of a state debt.
3. Bonds of the state.
4. Use of moneys received.
§ 1. Short title. This act shall be known and may be cited as the "clean water bond act of 2018".
§ 2. Creation of a state debt. The creation of a state debt to an amount not exceeding in the aggregate five billion dollars
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09318-06-7
S. 3772--B 2
($5,000,000,000), is hereby authorized to provide moneys for the single purpose of preserving, enhancing, restoring and improving the quality of the state's water by the accomplishment of projects and the funding of activities by state agencies, public authorities and public benefit corporations, municipalities, and other governmental entities and notfor-profit corporations for and related to protecting, improving and enhancing the quality of drinking water and enhancement of water bodies; by providing funds for water quality related research and development; for repairing, replacing and updating municipal wastewater, stormwater and drinking water infrastructure; and for restoring and improving contaminated areas and returning those to productive use; for improving environmental health.
The legislature may, by appropriate legislation and subject to such conditions as it may impose, make available out of the proceeds of the sale of bonds authorized in section three of this act, moneys disbursed or to be disbursed for state programs or state assistance payments toward the cost of such programs undertaken by or through a state or local public authority or public benefit corporation, not-for-profit corporation, county, city, town, village, school district, supervisory district, district corporation, improvement district within a county, city, town, village, or Indian tribe residing in whole or in part within the state, or any combination thereof, for the purpose of preserving, enhancing, restoring and improving the quality of the state's environment and natural resources. Provided however, that funds expended from moneys derived from the sale of bonds authorized in section three of this act that are later recovered under a state or federal superfund or through other means from polluters shall be repaid to satisfy any state debt created pursuant to this act.
§ 3. Bonds of the state. The state comptroller is hereby authorized and empowered to issue and sell bonds of the state to the amount of five billion dollars ($5,000,000,000), for the purpose of this act, subject to the provisions of article 5 of the state finance law.
The aggregate principal amount of such bonds shall not exceed five billion dollars ($5,000,000,000), excluding bonds issued to refund or otherwise repay bonds theretofore issued for such purpose; provided, however, that upon any such refunding or repayment the total aggregate principal amount of outstanding bonds may be greater than five billion dollars ($5,000,000,000), only if the present value of the aggregate debt service of the refunding or repayment bonds to be issued shall not exceed the present value of the aggregate debt service of the bonds to be refunded or repaid. The method for calculating present value shall be determined by law. Any funds expended from moneys derived from the sale of bonds pursuant to this section that are subsequently recovered under state or federal superfund or other methods from polluters shall be used to repay the bonds.
§ 4. Use of moneys received. The moneys received by the state from the sale of bonds sold pursuant to this act shall be expended pursuant to appropriations to further fund the clean water infrastructure act of 2017 including, but not limited to, funds for the water infrastructure improvement act of 2017, water quality improvement projects, source water protection, septic system replacement and mitigation of water systems to reduce exposure to emerging contaminants.
§ 2. This act shall not take effect unless and until it shall have been submitted to the people at the general election to be held in November, and shall have received a majority of all votes cast for and
S. 3772--B 3
against it at such election. Upon approval by the people, this act shall take effect immediately.
The ballots to be furnished for the use of voters upon submission of this act shall be in the form prescribed by the election law and the proposition or question to be submitted shall be printed thereon in substantially the following form, namely, "Shall chapter (here insert the number of the chapter) of the laws of 2018, known as the clean water bond act of 2018, authorizing the creation of a state debt in the amount of five billion dollars ($5,000,000,000), to provide moneys for the enhancing of drinking water quality, and the preservation and restoration of the state's water resources be approved?".
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to authorize the creation of a state debt in the amount of five billion dollars, in relation to creating the "clean water bond act of 2018" to provide moneys for the preservation, enhancement, restoration and improvement of the quality of the state's water through the funding of certain projects and activities; and providing for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, two thousand eighteen
Purpose
To provide funds for enhancing the state's drinking water quality and the preservation and restoration of the state's water resources.
Summary of provisions
Section one enacts the Clean Water Bond Act of 2018 which authorizes the issuance of bonds in the amount of five billion dollars for preserving, enhancing, restoring and improving the quality of the state's water by the accomplishment of projects, including upgrades to stormwater and wastewater infrastructure, and measures to enhance the quality of the state's drinking water.
Read the full memo (679 words)
Section two provides the effective date.
Justification
Water quality and contamination is a serious and growing concern to New Yorkers in all areas of the state. The contamination of drinking water in several areas across the state has been a cause of great concern and highlighted the need for increased focus, funding, and resources dedicated solely to the quality of the state's water supplies. Over this summer and fall the Senate and Assembly held a series of hearings across the state to hear from officials, experts and residents in order to gain an understanding of the water quality issues they face. While the needs of the communities vary based on a range of threats to their water, a consistent theme throughout these hearings was the severe need for funding to support measures and infrastructure upgrades these communities need. While there have been state and federal funding sources established over the years, such as the Drinking Water State Revolving Fund (DWSRF), which offered low interest loans and grants for water system improvement projects, and the NYS Water Infrastructure Improvement Act of 2015, which provided $200 million to municipalities for water quality improvement projects, these programs have not been enough to meet the vast needs.
The 2017-18 adopted budget made great strides by including $2.5 billion for clean water efforts, however, according to a 2008 assessment by the Department of Health, the estimated cost of repairing, replacing and updating New York's drinking water infrastructure was $38.7 billion over the next 20 years plus an additional $36.2 billion for municipal wastewater infrastructure. That estimate is now almost a decade old and the needs have continued to grow.
This legislation, as recommended in the Senate Standing Committees on Health and Environmental Conservation's report Water Quality and Contamination (see Nips: 1/www.nysenuie. govt vitesddaultfi /articles/attachments water carcrity_ppltvori.df), would provide much needed funds to improve water infrastructure and quality without forcing localities to rely on borrowing, thereby preventing any costs from being passed on to residents. The Clean Water Bond Act provides for flexibility to ensure funding is available to meet the varying needs of communities. For example, in addition to infrastructure needs, it could be used for the implementation of new filtration systems, water quality related research and development, water testing, and other measures for areas that suspect or know they have a contamination issue and have not yet received Superfund status that would make them eligible for other state funding.
Legislative history
New bill.
Fiscal implications
$5,000,000,000 state bond plus debt service.
Local fiscal implications
Financial assistance to localities.
Effective date
The act shall take effect immediately, provided that the provisions of section one of this act shall not take effect unless and until the act has been submitted to the people at the general election to be held in November 2018, and shall have been approved by a majority of all votes cast for and against it at such election. Upon approval by the people, section one of this act shall take effect immediately.
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