2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 19 - State Aid: Collection, Treatment, and Disposal of Sewage › 17-1901 - Comprehensive Studies and Reports: Definitions; State Aid; Powers and Duties of the Commissioner; Powers of the Municipalities.

§ 17-1901. Comprehensive  studies  and  reports: definitions; state aid;
powers and  duties  of  the  commissioner;  powers  of  the
municipalities.
1. As used in this section:
a. "Comprehensive study and report" means an engineering study for the
  development   of   economical   projects  for  the  present  and  future
  collection,  treatment  and  disposal  of  sewage  for   one   or   more
  municipalities  or  any  portion  thereof. Such study shall contain such
  information as may be determined by the commissioner, including, but not
  limited  to,  the  determination  of  the  economical  service  area  or
  administrative  area  for sewage works projects; cost estimates covering
  construction, engineering, legal and other services,  land  acquisition,
  and   contingencies;   proposed  method  of  financing;  preparation  of
  estimates of first costs and total annual costs  for  the  construction,
  and  operation and maintenance of the recommended facilities; basic data
  such as general plan for sewage treatment plant  site,  flow,  size  and
  capacity of proposed units, and location, size or capacity of main trunk
  sewers,  subtrunks,  pumping  stations, force mains, and outfalls; basic
  information so that sewage works and sewerage systems  may  be  enlarged
  economically  to  serve  future areas and population; and development of
  major alternative solutions. Such study  shall  not  provide  for  minor
  sewer  extensions  or  for  sewer  plans for small subdivisions or small
  areas, and shall not  include  the  preparation  of  detail  design  and
  engineering drawings, specifications, and contract documents.
b.  "Municipality"  means  county,  city,  town  or  village,  or  any
  designated agency thereof.
c. "Governing body" means in a county, the county legislative body; in
  a city, the board of aldermen, a common  council,  commission  or  other
  body  vested  by  its  charter  or  other law with jurisdiction to enact
  ordinances or local laws, except that in a city having a  population  of
  one  million  or  more,  if  there  be  a  board  of  estimate, the term
  "governing body" shall mean such board of estimate; in a town, the  town
  board; and, in a village, the board of trustees.
d. "Agency" means the department, bureau, commission, board, division,
  agency,  public benefit corporation, or committee of any municipality or
  municipalities, designated by the governing body of  such  municipality,
  or  by the governing body of each participating municipality in the case
  of a joint undertaking, to conduct and develop comprehensive studies and
  reports.
2. The commissioner may, in the name of the state, make or contract to
  make, within appropriations therefor, a state grant, for payment  during
  any  of  the ten successive fiscal years of the state beginning with its
  fiscal year commencing April 1, 1972, to any municipality, or to two  or
  more municipalities jointly, to cover the entire cost, as determined and
  approved  by  the  commissioner,  of  the  preparation  or updating of a
  comprehensive study and report for the present  and  future  collection,
  treatment,   and   disposal   of   sewage   in   such   municipality  or
  municipalities.
3. In administering and enforcing the provisions of this section,  the
  commissioner shall:
a.  Make  an  estimate  of  the  funds or appropriations for inclusion
  annually in the executive budget;
b. Receive applications for state aid in such form and containing such
  information as he may require;
c. Qualify municipalities for  state  aid  and  advise  them  of  such
  qualifications;
d.  Approve the area and scope of any comprehensive study prior to its
  execution;
e. Approve the person or firm selected by the municipality to  perform
  necessary consulting services for the comprehensive study and reports;
f. Approve the report prior to final payment;
g.   Execute  contracts  for  the  services  of  consulting  engineers
  necessary for such study jointly with the municipality or municipalities
  requesting state aid therefor;
h. Approve the amount of compensation to be paid for such  engineering
  services  and  the  method  of  determining such compensation, provided,
  however, that such compensation shall not be computed on a per  diem  or
  percentage of estimated costs basis;
i. Approve vouchers for payment of state aid grants;
j.  Perform  such other and further acts and promulgate such rules and
  regulations, pursuant to subdivision 2 of section  17-0303,  as  may  be
  necessary,  proper  or desirable to carry out effectively the provisions
  of this section.
4. Any municipality, or municipalities acting jointly, may:
a. Apply to and contract with the commissioner for state aid  pursuant
  to this section;
b.  Select, subject to the commissioner's approval, the person or firm
  to perform necessary consulting engineering services for a comprehensive
  study and report, and enter into contracts for such services,  provided,
  however,  that  the  commissioner  shall  also  be  a  party to any such
  contract;
c. Expend money received from the state pursuant to this section  only
  for purposes consistent with this section.