2023 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.