NY Env Conserv L § 56-0305 (2021)
2021 New York Laws ENV - Environmental Conservation Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 Title 3 - Clean Water Projects 56-0305 - Application Procedure.

§ 56-0305. Application procedure.   1.  Any  municipality or soil and water conservation district may make an application for such state assistance payment, in a manner, form, and time  frame  and  containing  such   information   as   the   respective commissioner,  the president of the environmental facilities corporation or the secretary of state may require.   Subject to  the  provisions  of section  thirty-two  of the chapter of the laws of 1996 which added this section, the respective commissioner, the president of the environmental facilities corporation or the  secretary  of  state  shall  review  such application  and  may  approve,  disapprove,  or recommend modifications thereto consistent with applicable law, criteria,  standards,  or  rules and regulations relative to such projects.   2.    In  reviewing  such applications for eligibility, the respective commissioner, the president of the environmental facilities  corporation or the secretary of state shall give due consideration to:  (a)  the suitability and feasibility of the project in relation to the goals of the applicable program or plan;  (b) the priority of the project  in  relationship  to  other  projects proposed  under  the  same  program or plan.   Highest priority shall be granted to  projects  which  will  provide  the  greatest  reduction  in pollutants  or  most significant habitat improvement.  For water quality improvement projects which have been developed with the  assistance  of, or  by  any  other  state  agencies,  the  respective  commissioner, the president of the environmental facilities corporation  or  secretary  of state  shall  be  consulted  with  when  determining the priority of the project;  (c) the availability of matching funds on the part of the municipality or  the  soil  and  water   conservation   district   to   finance   the municipality's  or  soil  and water conservation district's share of the project cost.  In submitting the application, the municipality  or  soil and  water  conservation district shall submit proof to the satisfaction of the respective  commissioner,  the  president  of  the  environmental facilities corporation or secretary of state of the availability of such matching funds; and  (d)  the  urgency of the need to provide state assistance payments for the project in relation to the availability of other funding sources and the municipality's or soil and water conservation district's ability  to finance such project based on the availability of other moneys including federal funds.   3.  Upon  approval  of an application for such assistance payment, the respective commissioner, the president of the  environmental  facilities corporation  or  the secretary of state and the municipality or soil and water conservation district shall enter into a contract for such payment toward the  cost  of  the  approved  project  which  shall  include  the following provisions:  (a) A current estimate of the cost of the project as determined by the respective  commissioner,  the president of the environmental facilities corporation or the secretary of state at the time of  the  execution  of the contract and a specific timetable for progress and completion of the project;  (b)  An agreement by the respective commissioner, the president of the environmental facilities corporation or secretary of state to make state assistance payments toward the  cost  of  the  project  by  periodically reimbursing the municipality or soil and water conservation district for costs  incurred during the progress of the project to the maximum agreed upon state share.   Such costs are  subject  to  final  computation  and determination  by  the  respective  commissioner,  the  president of the  environmental  facilities  corporation  or  secretary  of   state   upon completion of the project; and  (c)  An  agreement  by the municipality or soil and water conservation district to proceed expeditiously with the project and to  complete  the project  in  accordance with the timetable set out in the contract as so approved  by  the  respective  department  or  authority  and  with  the conditions  of  applicable  permits,  administrative orders, or judicial orders.  A finding by the respective commissioner, the president of  the environmental  facilities  corporation  or  secretary  of state that the municipality or soil and water conservation district  has  not  met  the conditions  of  the  contract  in good faith shall constitute a material breach of the contract.