2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 5 - Environmental Restoration Projects › 56-0505 - Environmental Restoration Projects; Criteria.

§ 56-0505. Environmental restoration projects; criteria.
1.  The department shall determine the eligibility of an environmental
restoration project for state assistance under this title based upon the
following criteria:
(a) the  benefit  to  the  environment  realized  by  the  expeditious
remediation of the property proposed to be subject to such project;
(b)  the  economic benefit to the state by the expeditious remediation
of the property proposed to be subject to such project;
(c) the potential opportunity of the property proposed to  be  subject
to such project to be used for public recreational purposes;
(d) real property in a designated brownfield opportunity area pursuant
to section nine hundred seventy-r of the general municipal law; and
(e)  the opportunity for other funding sources to be available for the
remediation of such property, including, but not limited to, enforcement
actions against responsible parties  (other  than  the  municipality  to
which  state assistance was provided under this title; or a successor in
title, lender, or lessee who was not otherwise a responsible party prior
to such municipality taking title to  the  property),  state  assistance
payments  pursuant  to  title  thirteen  of article twenty-seven of this
chapter, and the existence of private parties willing to remediate  such
property  using  private  funding  sources.  Highest  priority  shall be
granted to projects  for  which  other  such  funding  sources  are  not
available.
2.  The department shall not enter into a contract with a municipality
pursuant  to  section  56-0503  of  this  title  for  an   environmental
restoration  project  for  any  site  listed in the registry of inactive
hazardous waste sites under section 27-1305 of this chapter and given  a
classification as described in subparagraph one or two of paragraph b of
subdivision two of such section 27-1305.
3.   The   remediation   objective  of  an  environmental  restoration
remediation project shall meet  the  same  standard  for  protection  of
public  health  and  the  environment  that  applies to remedial actions
undertaken pursuant to section 27-1313 of this chapter.
4. After completion of such project,  the  municipality  may  use  the
property  for  public purposes or may dispose of it. If the municipality
shall dispose of such property by sale  to  a  responsible  party,  such
party  shall  pay  to  such  municipality,  in  addition  to  such other
consideration, an amount of  money  constituting  the  amount  of  state
assistance   provided   under  this  title  plus  accrued  interest  and
transaction costs and the municipality shall deposit that money into the
environmental  restoration  project  account  of  the  hazardous   waste
remedial  fund  established  under  section  ninety-seven-b of the state
finance law.
5.  In  the  event  that  an   environmental   restoration   project's
remediation  objective  shall not have been attained to the department's
satisfaction at the time  of  the  municipality's  disposition  of  such
property,  such  municipality  shall  be  liable  to  ensure  that  such
objective is attained within the time called for in the state assistance
contract.