2023 New York Laws › SWC - Soil and Water Conservation Districts › Article 2 - State Soil and Water Conservation Committee, Soil and Water Conservation Districts, and Other Functions › 11-B - Agricultural Nonpoint Source Abatement and Control Projects.

§ 11-b. Agricultural  nonpoint  source abatement and control projects.
  1.   Subject to the  availability  of  funds  appropriated  therefor,  a
  matching  grant  program  is  established  to fund agricultural nonpoint
  source abatement and control projects that meet the following criteria:
a. the  project  must  consist  of  activities  or  plans  which  will
  identify,  reduce,  abate,  control or prevent nonpoint source pollution
  originating from agricultural sources;
b. the project must be proposed for implementation by  a  district  or
  group of districts acting jointly;
c.   the  project  must  identify  agricultural  nonpoint  sources  of
  pollution or propose to implement best management practices, as  defined
  in section three of this chapter; and
d.  the district or districts must have funds available to pay for its
  share of the eligible project costs.
2. Applications  for  matching  grants  shall  contain  the  following
  information:
a.  the  name  and  location of the water body and the nonpoint source
  problem to be addressed;
b. identification of the best management practices to be  implemented,
  if applicable;
c. a cost estimate for the proposed project;
d.  the source of funds available to the district to pay for its share
  of the eligible costs;
e.  information  sufficient  to  demonstrate  that  the  criteria   in
  subdivision one of this section have been met; and
f.  such  further  information  as  may  be  required by the committee
  through regulations.
3. In awarding grants the committee shall  give  preference  to  those
  projects located in priority water bodies identified pursuant to section
  17-1407  of the environmental conservation law. The committee shall also
  give preference to projects proposed to promote participation or further
  the  priorities  of  the  agricultural  environmental  management  (AEM)
  program  as set forth in article eleven-A of the agriculture and markets
  law.
4. Eligible costs that may be funded  pursuant  to  this  section  are
  architectural   and  engineering  services,  plans  and  specifications,
  including watershed based or  individual  agricultural  nonpoint  source
  pollution  assessments,  consultant  and  legal  services,  conservation
  easements  and  associated   transaction   costs   specific   to   title
  thirty-three  of  article  fifteen of the environmental conservation law
  and other direct expenses related to project implementation.
5. State assistance payments pursuant to this section shall be up to a
  maximum of seventy-five percent of the  eligible  costs,  as  determined
  pursuant  to  subdivision  four  of section 17-1409 of the environmental
  conservation law, for any  specified  project.  Such  maximum  shall  be
  increased  by a percentage equal to the percentage of the total eligible
  costs for such specified projects that are contributed by the  owner  or
  operator of agricultural land upon which such specified project is being
  conducted,  provided,  however, that in no event shall the total of such
  state assistance payments exceed eighty-seven and  one-half  percent  of
  such eligible costs for any specified project.
6.  The  committee  may  adopt  rules  and  regulations  necessary  to
  effectuate the purposes of this section.
7. Notwithstanding any other provision of law, a  concentrated  animal
  feeding  operation permitted pursuant to title seven or eight of article
  seventeen of the environmental conservation law shall be  treated  as  a
  nonpoint  source for purposes of qualifying for funding pursuant to this
  section.