NY Env Conserv L § 56-0503 (2021)
2021 New York Laws ENV - Environmental Conservation Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 Title 5 - Environmental Restoration Projects 56-0503 - Environmental Restoration Projects; State Assistance.

§ 56-0503. Environmental restoration projects; state assistance.   1.  The  commissioner may enter into a contract with a municipality to provide  state  assistance  to  such  municipality   to   undertake   an environmental  restoration  project.  The  amount  of  state  assistance payment for such project shall be up to an amount of:  (a) ninety percent of the eligible costs of such project,  subject  to the provisions set forth in paragraph (b) of this subdivision;  (b)  one  hundred  percent  of  the  eligible costs of any remediation directed by the department to be undertaken outside  the  boundaries  of the  real  property  that  is  subject  to  an environmental restoration project approved by the department.   2.  In  addition  to  such  other  terms  and  conditions   that   the commissioner  may  deem  to  be  appropriate,  a  contract authorized by subdivision one of this section shall provide as follows:  (a) An estimate of the cost of  such  project  as  determined  by  the commissioner at the time of such contract's execution;  (b)  An  agreement  by  the commissioner to periodically reimburse the municipality for eligible costs incurred during  the  progress  of  such project.  Such  payments  shall  be  subject  to  final  computation and determination of the total state assistance share of the eligible  costs of the entire environmental restoration project;  (c)  A  provision  that the municipality shall assist in identifying a responsible party by searching local  records,  including  property  tax rolls,  or  document  reviews,  and  if, in accordance with the required departmental approval of any settlement with a  responsible  party,  any responsible party payments become available to the municipality, before, during  or after the completion of an environmental restoration project, which were not included when the state share was calculated pursuant  to this  section, the state assistance share shall be recalculated, and the municipality shall pay to the state, for deposit into the  environmental restoration  project  account  of  the  hazardous  waste  remedial  fund established under section ninety-seven-b of the state finance  law,  the difference  between  the  original  state  assistance  payment  and  the recalculated state share. Recalculation of the state share shall be done each time a  payment  from  a  responsible  party  is  received  by  the municipality;  (d)  A  provision  that if any monies received from the disposition of the real property subject to an environmental restoration project exceed the municipality's cost of such property, including taxes  owed  to  the municipality  upon  acquisition,  and  the  municipality's  cost  of the environmental restoration project, the amount of such  excess  necessary to  reimburse the state of New York for the state assistance provided to the municipality under this title shall be paid to the state of New York for deposit into the environmental restoration project  account  of  the hazardous  waste  remedial fund established under section ninety-seven-b of the state finance law;  (e) An agreement by the municipality to proceed expeditiously with and complete such project in accordance with plans approved for  payment  of the municipality's share of such project's cost;  (f)  An  agreement  by  the  municipality  that  it  shall prepare and implement a public  participation  plan  for  environmental  restoration projects undertaken pursuant to this title. The requirements of the plan shall  be  governed  by  decision  of  the  municipality to proceed with remediation of the property under this title.  However,  in  all  cases, implementation of the plan shall be completed as part of the project. In those  cases  where  the  municipality  does  not intend to proceed with remediation  of  the  property,  the  plan  shall  provide  timely   and accessible  disclosure  of  the  results  of  the  investigation  to the  interested public. The plan shall provide for adequate public notice  of the  availability  of  the  investigation  results;  an  opportunity for submission of written comments; and a filing of a notice of the  results of the investigation as authorized by subdivision three of section three hundred  sixteen-b  of  the  real  property  law. Where the municipality intends to proceed with remediation of the property  under  this  title, the  plan shall provide opportunities for early, inclusive participation prior to the selection of  a  preferred  course  of  action,  facilitate communication,   including   dialogue   among   the   municipality,  the department, and the interested public, and provide timely and accessible disclosure of information. At a minimum, the design of  the  plan  shall take  into  account  the  scope  and scale of the proposed environmental restoration remediation project,  local  interest,  and  other  relevant factors.  The plan shall also provide for: adequate public notice of the availability of a draft remedial  plan;  a  forty-five  day  period  for submission  of  written  comments;  a  public  meeting  on  such plan if substantive issues are raised by members of the affected community;  and technical  assistance  if  so  requested  by  members  of  the  affected community. Provided, however, that the requirements of this  subdivision shall  not  apply  to interim remedial measures undertaken as part of an environmental restoration project to address emergency site  conditions. In  such  instance,  the  department  or  such  persons implementing the interim remedial measure or making  the  request  shall  conduct  public participation   activities   as   the  department  deems  necessary  and appropriate under such circumstances.  (g) An agreement by the municipality that it shall put into place  any engineering   and/or  institutional  controls  (including  environmental easements pursuant to title thirty-six of article  seventy-one  of  this chapter)   that   the   department  may  deem  necessary  to  allow  the contemplated use to proceed, that such engineering and/or  institutional controls  shall be binding on such municipality, any successor in title, and any lessees and that any successors in title and any lessees  cannot challenge state enforcement of such controls;  (h)  In  the event that such engineering controls and/or institutional controls are necessary, the municipality shall develop a plan consistent with the requirements set forth in section 27-1415 of this chapter. Such plan shall be approved by the department. Failure to implement the  plan or  maintain such controls shall constitute a violation of such contract and shall terminate for the duration  of  such  failure  the  protection afforded under subdivision one of section 56-0509 of this title;  (i) In the event that an easement is required, such municipality shall cause  such  easement  to be recorded and indexed in accordance with the requirements set forth in title thirty-six  of  article  seventy-one  of this chapter; and  (j) A provision that exempts a municipality and any successor in title from  the  requirement  to  obtain  any  state  or local permit or other authorization  for  any  activity  needed  to  implement  a  project  to investigate  or remediate contamination pursuant to this title; provided that  the  activity  is  conducted  in  a  manner  which  satisfies  all substantive technical requirements applicable to like activity conducted pursuant to a permit.   3.  The  department may undertake an environmental restoration project on behalf of a municipality upon request. If the  department  undertakes the  project on behalf of the municipality, the state shall enter into a written agreement with the municipality and the agreement shall  require the  municipality  to  periodically  provide  its share to the state for costs incurred during the progress of such project.  The  municipality's share  shall  be  the same as would be required under subdivision one of  this section. The agreement shall include all  provisions  specified  in subdivision two of this section as appropriate.