reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 625 - Water Quality Improvement Projects › Section 625.5 - Payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Installment
				  payments of the State grant will be made at the request of the municipality.
				  Payments will be based on the cost of work performed, materials and equipment
				  supplied and incorporated in, and services rendered in connection with an
				  approved project.
(b) The
				  department will retain five percent from each payment except the final
				  payment.
(c) If the municipality
				  fails to comply with any of the requirements of the Environmental Conservation
				  Law, the State Sanitary Code or regulations of the department applicable to
				  water quality improvement projects, the department may withhold all or part of
				  further payments pending compliance.
(d) Upon notification from the municipality
				  that the project is complete, the department will conduct a final inspection to
				  determine if the project is operating in accordance with applicable laws and
				  regulations. The cost of any work completed after the final inspection, or
				  after a date established by the department at the final inspection, will not be
				  considered part of the project cost.
(e) A final payment, which brings the total
				  of State grant payments to 100 percent of the State share of the project cost,
				  will be released upon determination by the department that the project is
				  complete and is operating satisfactorily, and that all grant requirements have
				  been met. If the project is complete but not operating satisfactorily, the
				  department may withhold from the final payment an amount sufficient, in the
				  judgement of the department, to ensure correction of deficiencies. The amount
				  withheld will be released when deficiencies are corrected.
(f) Total grant payments may not exceed the
				  State share of either the estimated reasonable cost or the actual project cost,
				  whichever is lower.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 626 - Air Quality Improvement Projects › Section 626.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Air quality
				  improvement project shall mean the upgrading of an existing incinerator,
				  furnace or boiler and appurtenances thereto now owned and operated by the State
				  or municipality.
(b) Municipality
				  shall a city, county, town, village or school district or an improvement
				  district within a city, county, town or village, or any combination
				  thereof.
(c) Upgrading shall mean
				  construction, reconstruction, renovation, or other process or activity
				  necessary to insure that an existing incinerator or furnace or boiler meets air
				  quality emission standards promulgated by the commissioner.
(d) Cost shall mean the cost of upgrading
				  including the cost of all systems, facilities, machinery and equipment,
				  engineering and architectural services, plans and specifications, consultant
				  and legal services, and other direct expenses incident to such upgrading less
				  any Federal assistance received or to be received.
(e) Commissioner shall mean the Commissioner
				  of Environmental Conservation.
(f)
				  Department shall mean the Department of Environmental Conservation.
(g) Governing body shall mean:
(1) in the case of a town, a town
				  board;
(2) in the case of a county
				  outside of the City of New York, the county board of supervisors or other
				  elective governing body;
(3) in the
				  case of a city, or village, the local legislative body thereof, as the term is
				  defined in the Municipal Home Rule Law;
(4) in the case of a school district, the
				  board of education thereof; or
(5)
				  in the case of a supervisory district, the board of cooperative educational
				  services thereof.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 626 - Air Quality Improvement Projects › Section 626.2 - Application procedure for state assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A municipality shall make application for
				  State assistance to be applied to the cost of an air quality improvement
				  project on forms provided by the department. A separate application shall be
				  required for each air quality improvement project.
(b) Each application for State assistance
				  shall be accompanied by a duly certified resolution adopted by the governing
				  body of the municipality making such application which shall set forth the
				  authority of the municipality to make application for such State assistance and
				  further shall name the individual, in his official capacity, who shall be
				  authorized to sign said application as well as any contracts between the State
				  and the municipality which may be required in order to qualify the municipality
				  for State assistance.
(c) At the
				  request of the commissioner, the municipality shall provide him with additional
				  information, documents, transcripts or other evidentiary material which he may
				  deem necessary to determine the eligibility of the municipality to obtain
				  Federal aid relative to such application for State assistance or which may
				  support the municipality's claim to its right, title and interest in the real
				  or personal property for which the State assistance is requested.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 626 - Air Quality Improvement Projects › Section 626.3 - State requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  project for which application is submitted for State assistance shall comply in
				  all respects with any Federal and State regulations, guidelines, instructions,
				  criteria or other documents promulgated or issued by the Federal and State
				  governments relative to such project.
(b) All contract documents prepared by the
				  municipality for an air quality improvement project pursuant to this Part shall
				  conform to all State and local laws, ordinances, rules and
				  regulations.
(c) The municipality
				  shall provide the department with such evidence which shall be in such form as
				  may be necessary to demonstrate that on completion of the air quality
				  improvement project for which State assistance is requested:
(1) The incinerator, furnace or boiler
				  emissions will be in compliance with applicable State emission
				  standards.
(2) The expected useful
				  life of the upgraded incinerator, furnace or boiler and appurtenances thereto
				  is a minimum of 15 years.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 626 - Air Quality Improvement Projects › Section 626.4 - Approval of projects

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to those considerations provided for in law,
					 the commissioner in reviewing applications shall consider the status of
					 compliance with respect to the national ambient air quality standards for the
					 air quality region and county in which the facility is located as stated in the
					 applicable implementation plan promulgated pursuant to the Clean Air Act of
					 1970.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 626 - Air Quality Improvement Projects › Section 626.5 - Payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Installment
				  payments of the State grant will be made at the request of the municipality,
				  and will be based on the cost of the work performed, materials and equipment
				  supplied and incorporated in, and services rendered in connection with, an
				  approved project, and may be made as follows:
(1) a first installment not to exceed 50
				  percent of the cost for design and engineering and/or other planning services,
				  payable following the signing of the grant contract and award of construction
				  contract;
(2) a second installment
				  when not less than one third of the construction of the project is
				  completed;
(3) a third installment
				  when not less than two thirds of the construction of the project is
				  completed;
(4) a fourth installment
				  when the project is completed, inspected and in operation;
(5) ten percent will be retained from each
				  payment and the final payment will be released only after approval of final
				  audit, contingent upon correction of deficiencies, if any, either in existence
				  at the final inspection or that may have developed in the operation of the
				  plant subsequent to the final inspection; or
(6) upon presentation of evidence supporting
				  the necessity therefor, the commissioner may agree with a municipality to a
				  different schedule of payments.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 627 - Wetlands Restoration Projects › Section 627.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Wetlands
				  restoration project shall mean a municipal project to renovate dikes, levies,
				  ditches, berms and other water level regulation works; to establish vegetation,
				  plants, and shrubs, or such other necessary or desirable work to achieve
				  optimum productivity of wetlands.
(b) Wetlands shall mean lands and lands under
				  water which may be permanently, temporarily or intermittently covered with
				  fresh or saltwater and commonly referred to as flood basins or flats, meadows,
				  marshes, shrub swamps, wooded swamps, swamps or bogs.
(c) Municipality shall mean a city, county,
				  town, village or an improvement district within a city, county, town or
				  village, or any combination thereof.
(d) Cost shall mean the cost of an approved
				  project including engineering and architectural services, plans and
				  specifications, consultant and legal services and other direct expenses
				  incident to such project less any Federal assistance received or to be
				  received.
(e) Commissioner shall
				  mean the Commissioner of Environmental Conservation.
(f) Department shall mean the Department of
				  Environmental Conservation.
(g)
				  Governing body shall mean
(1) in the case of
				  a town, a town board;
(2) in the
				  case of a county outside the City of New York, the county board of supervisors
				  or other elective governing body; or
(3) in the case of a city or village, the
				  local legislative body thereof, as the term is defined in the Municipal Home
				  Rule Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 627 - Wetlands Restoration Projects › Section 627.2 - Application procedure for state assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A municipality shall make application for
				  State assistance to be applied to the cost of a municipal wetlands restoration
				  project on forms provided by the department. A separate application shall be
				  made for each wetlands restoration project.
(b) Each application for State assistance
				  shall be accompanied by a duly certified resolution adopted by the governing
				  body of the municipality which shall set forth the authority of the
				  municipality to make application for such State assistance and further shall
				  name the individual, in his official capacity, who shall be authorized to sign
				  said application as well as any contracts between the State and the
				  municipality which may be required in order to qualify the municipality for
				  State assistance.
(c) The
				  municipality shall provide the commissioner with such supporting documentation
				  as may be necessary to demonstrate that on completion of the wetlands
				  restoration project the wetlands so restored shall not be sold, leased or
				  otherwise disposed of or used for any purpose inconsistent with the character
				  or environmental value of such wetlands.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 627 - Wetlands Restoration Projects › Section 627.3 - State requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  contract documents prepared by the municipality relative to the wetlands
				  restoration project for which State assistance is requested shall conform to
				  all State and local laws, ordinances, and rules and regulations.
(b) The municipality shall make reasonable
				  efforts to secure Federal assistance for the project.
(c) The municipality shall secure the
				  approval of the commissioner before applying for Federal assistance, in order
				  to maximize the amounts of such assistance received or to be received for all
				  projects in New York State.
(d) At
				  the request of the commissioner, the municipality shall provide him with
				  additional information, documents, transcripts or other evidentiary material
				  which may be required for determining the eligibility of the muncipality to
				  make such application for a State grant or which supports the effort of the
				  municipality to obtain Federal aid relative to such application for State
				  assistance or which may support the municipality's claim to its right, title
				  and interest in the municipal wetlands for which the State grant is
				  requested.
(e) The municipality
				  shall dedicate in perpetuity the wetlands to be restored to assure their
				  preservation and shall maintain the wetlands in the condition to which they
				  have been restored.
(f) The
				  wetlands so restored shall not be sold, leased or otherwise disposed of or used
				  for any purpose inconsistent with the character or environmental value of such
				  wetlands.
(g) The municipality
				  shall make reasonable assurance that it shall provide the department access to
				  the wetlands restoration project site for purposes of inspection.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 627 - Wetlands Restoration Projects › Section 627.4 - Approval of projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				  addition to the standards and criteria set forth in law, the commissioner shall
				  give due consideration in reviewing application for State assistance to those
				  projects which can be carried out most expeditiously and which when completed
				  will best carry out the purposes for which the wetlands are to be restored,
				  protected and enhanced.
(b)
				  Recognizing that projects for wetlands restoration will have varying potentials
				  for restoring, protecting and enhancing such wetlands and the priority of any
				  such types of projects depends upon the specific situation, the commissioner
				  shall give consideration to projects that will:
(1) repair damage done by pollution and
				  protect against future pollution;
(2) repair or prevent physical
				  damage;
(3) initiate and maintain
				  water level control;
(4) provide
				  for vegetation management and control of organisms that detract from the
				  natural values of wetlands; and
(5)
				  improve the interspersion of plant communities.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 627 - Wetlands Restoration Projects › Section 627.5 - Payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Installment
				  payments of the State share of the cost of a municipal restoration project
				  shall be made upon the request of the municipality, and may be made as follows:
(1) a first installment of approximately one
				  third of the State grant when not less than one third of the project is
				  completed and approved;
(2) a
				  second installment of approximately one third of the State grant when not less
				  than two thirds of the project is completed and approved;
(3) a third installment of approximately one
				  third of the State grant when the project is completed and approved;
(4) upon written request by the municipality
				  and evidence of necessity by the municipality, the commissioner may adopt a
				  different schedule of payments; or
(5) five percent will be retained from each
				  payment and the final payment will be released only after approval of final
				  audit, contingent upon correction of deficiencies, if any, either in existence
				  at the final inspection or that may have developed subsequent to final
				  inspection.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 627 - Wetlands Restoration Projects › Section 627.6 - Conditions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to
				  the terms required by law, contracts for wetlands restoration projects shall
				  include whatever other terms the commissioner may deem just and reasonable in
				  order to carry out the purpose of restoring, protecting and enhancing such
				  wetlands.
(b) Wetlands restoration
				  projects shall be based on sound economy of design, implementation and
				  maintenance.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 628 - Solid Waste Recovery And Management Projects › Section 628.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Comprehensive
				  solid waste management plan shall mean a proposed program adopted by a county
				  or counties and approved by the commissioner for the purpose of providing
				  effective solid waste recovery and management systems.
(b) Solid waste recovery and management
				  system shall mean a municipal program to provide environmentally sound recovery
				  or disposal of collected solid waste through facilities planned, designed,
				  assembled and constructed to assure environmental protection and to maximize
				  the potential for resource recovery.
(c) Solid waste recovery and management
				  project shall mean the resource recovery equipment, disposal equipment or both,
				  required for a solid waste and recovery management system.
(d) Resource recovery shall mean the process
				  of obtaining materials or energy values from collected solid waste for use or
				  reuse.
(e) Resource recovery
				  equipment shall mean structures, machinery, or devices, singly or in
				  combination, designed, constructed and required to separate, process, modify,
				  convert, treat, or prepare collected solid waste so that component materials or
				  substances or recoverable resources may be used as a raw material or for their
				  productive purposes.
(f) Disposal
				  equipment shall mean:
(1) structures,
				  machinery, or devices at a disposal site necessary to efficient and
				  environmentally sound land disposal of solid wastes, including but not limited
				  to machinery or devices designed to move earth during burial of wastes or to
				  increase the density of wastes buried or to be buried; and
(2) facilities, except vehicles, in which
				  solid waste is temporarily stored and concentrated prior to transport to a
				  disposal site.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 628 - Solid Waste Recovery And Management Projects › Section 628.2 - Application procedure for grant-in-aid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A municipality shall make application for
				  a State grant-in-aid to be applied to the cost of a solid waste recovery and
				  management project on forms provided by the commissioner.
(b) Each application for a grant-in-aid shall
				  be accompanied by a duly certified resolution adopted by the governing body of
				  the municipality making such application which shall set forth the authority of
				  the municipality to make application for such grant-in-aid and, further, shall
				  name the individual in his official capacity who shall be authorized to sign
				  said application as well as any contracts between the State and the
				  municipality which may be required in order to qualify the municipality for
				  State aid. In the event that more than one municipality shall make application
				  for a joint solid waste recovery and management project, a single application
				  for State aid shall be executed by all participating municipalities, which
				  shall be individually and severally responsible therefor. In addtion, such
				  application shall be accompanied by a joint resolution setting forth respective
				  responsibilities of each of the municipalities one with the other relative to
				  such application.
(c) At the
				  request of the commissioner, the municipality or municipalities, as the case
				  may be, shall provide him with any additional information, documents,
				  transcripts or other evidentiary material which he may deem necessary to
				  determine eligibility of the municipality or municipalities to make such
				  application for a State grant or which supports the efforts of the municipality
				  or municipalities to obtain Federal aid relative to such application for State
				  aid or which may support the muncipality's claim to the right, title and
				  interest in the real or personal property for which the State grant is
				  requested.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 628 - Solid Waste Recovery And Management Projects › Section 628.3 - State requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To
				  be eligible for State assistance a project shall be consistent with a
				  comprehensive solid waste management plan. Such plan shall define specific
				  geographic areas within or outside of the county and the municipal program to
				  be employed so that each area is provided with environmentally sound recovery
				  or disposal of collected solid waste. The solid waste recovery and management
				  system may serve a part of a county, an entire county, more than one county or
				  any combination thereof.
(b) Upon
				  presentation of evidence supporting the necessity therefore, the commissioner
				  may consider a project eligible for State assistance where a comprehensive
				  solid waste management plan has not been adopted or approved.
(c) The comprehensive solid waste management
				  plan, in addition to such other information as may be required, shall:
(1) Assure that all municipalities will be
				  served by a solid waste recovery and management system.
(2) Provide for intermunicipal cooperation to
				  optimize environmentally sound recovery or disposal of collected solid
				  waste.
(3) Define solid waste
				  collection service areas and the type of service to be provided.
(4) Utilize modern technology to best meet
				  local needs and optimize opportunities for resource recovery.
(5) Provide for phased implementation of
				  proposed systems to meet short range and long range needs.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 628 - Solid Waste Recovery And Management Projects › Section 628.4 - Approval of projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				  addition to other considerations provided for by law and this Part, the
				  commissioner in reviewing project applications shall consider:
(1) the adequacy of the municipality's solid
				  waste recovery and management system and its relationship to the needs or plans
				  of other area municipalities;
(2)
				  the suitability and feasibility of the project in relation to the solid waste
				  recovery and management system and the area to be served;
(3) the urgency of the project, in
				  relationship to all solid waste management project needs in the
				  State;
(4) environmental soundness
				  including assurance that the project will meet all applicable laws, criteria,
				  rules or regulations;
(5)
				  intergovernmental and non-governmental arrangements integral to the
				  project;
(6) in the case of
				  resource recovery projects, the degree of resource recovery and availability of
				  existing or potential markets for he recovered resources;
(7) the demand placed on other public service
				  facilities by the project;
(8) the
				  relationship of the project to the present or planned implementation of other
				  components of the system, or to other projects contemplated in the
				  system.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 628 - Solid Waste Recovery And Management Projects › Section 628.5 - Payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Installment
				  payments of the State grant will be made at the request of the municipality,
				  and will be based on the cost of the work performed, materials and equipment
				  supplied and incorporated in, and services rendered in connection with an
				  approved project, and may be made as follows:
(1) a first installment of approximately one
				  third of the State grant when not less than one third of the construction of
				  the project is completed;
(2) a
				  second installment of approximately one third of the State grant when not less
				  than two thirds of the construction of the project is completed;
(3) a third installment of approximately one
				  third of the State grant when the project is completed, inspected and in
				  operation;
(4) five percent will be
				  retained from each payment. The final payment will be released only after fully
				  satisfying all requirements including, but not limited to, final inspection of
				  construction and performance levels of operation as called for in the grant
				  contract; or
(5) upon presentation
				  of evidence supporting the necessity therefore, the commissioner may agree with
				  a municipality to a different schedule of payments.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 628 - Solid Waste Recovery And Management Projects › Section 628.6 - Projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligible
				  resource recovery equipment may include, but is not limited to, pyrolizat on
				  facilities, separation devices, energy conversion units, biological conversion
				  facilities, shredders used for resource recovery, and structures necessary to
				  contain and maintain the equipment.
(b) Eligible disposal equipment may include,
				  but is not limited to, earth moving machinery, shredders used for volume
				  reduction, compaction machinery, and structures necessary to house and maintain
				  the equipment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 635 - State Aid For Local Environmental Conservation Activities › Section 635.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
				  provisions regarding State aid for environmental conservation activities shall
				  be applicable to each State fiscal year beginning with the fiscal year which
				  commences on April 1, 1973.
(b)
				  Payments from annual appropriations for State aid programs shall be made at
				  rates and in amounts calculated not to exceed the amounts approved by the
				  Director of the Budget.
(c) When
				  used in this Part, the word commissioner shall mean the Commissioner of
				  Environmental Conservation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 635 - State Aid For Local Environmental Conservation Activities › Section 635.2 - Applications for state aid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  eligible county or city desiring State aid for local environmental conservation
				  activities shall submit an application therefor to the commissioner by November
				  1 of the year preceding the calendar year for which funds are so
				  requested.
(b) State aid
				  applications shall be accompanied by a detailed program plan in a form
				  acceptable to the commissioner, consisting of:
(1) A schedule of functions and activities to
				  be performed, together with an estimate of the amount of work to be performed
				  and the manpower to be devoted to each category of work.
(2) A schedule showing the name, title and
				  salary of each employee and the estimated amount of time each will spend in the
				  major program functions.
(3) Other
				  data as may be required to indicate the program objectives and how the proposed
				  activities will contribute to achieving these objectives.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 635 - State Aid For Local Environmental Conservation Activities › Section 635.3 - Methods of payment

Current through Register Vol. 46, No. 28, July 10, 2024
The following methods of payment shall apply to the several
					 State aid programs:
(a) State aid for
				  local environmental conservation activities shall be paid at a rate determined
				  by the commissioner after review and approval of State aid applications, with
				  such adjustment of that rate as may be necessary to distribute the entire
				  amount approved by the Director of the Budget. No applicant shall receive more
				  than 50 percent of its total reimbursable expenses.
(1) Claims shall be submitted quarterly not
				  later than two months after the calendar quarter in which the expenditures
				  claimed were made. Upon receipt from all applicants of the claims for the
				  fourth calendar quarter for any calendar year, or in any event by June 15
				  following such calendar year, the commissioner shall calculate the total
				  allowable expenditures claimed by each applicant during such calendar year; if
				  there are insufficient funds remaining in the amount approved by the Director
				  of the Budget to pay all allowable claims, the commissioner shall distribute
				  any remaining balance of such amount in proportion to the relationship which
				  each applicant's total allowable expenditures bears to the total allowable
				  expenditures of all applicants. If the commissioner believes at any time that
				  there may be insufficient funds to pay all allowable claims in full, he may,
				  until such time as he can make the calculations required by this paragraph (1),
				  make interim distributions in payment of such portion of a claim for any
				  calendar quarter as he in his discretion believes to be prudent and
				  equitable.
(2) Claims received
				  later than two months after the calendar quarter during which the expenditures
				  claimed were made may be returned unpaid, in which case they may not be
				  resubmitted.
(3) If the fourth
				  quarter and all previous claims by an applicant are not received on or before
				  June 15, the commissioner may apportion the remaining approved balance among
				  the allowable claims submitted by the other applicants.
(4) The rate established shall provide for
				  reimbursement of all salaries and wages of personnel employed directly in the
				  performance of environmental conservation activities and of such additional
				  eligible expenditures as may be incurred in the administration of:
(i) Federally-aided local air pollution
				  control programs.
(ii) Local
				  mosquito abatement programs conducted for health or health related
				  purposes.
(iii) Local environmental
				  control agencies as described in subdivision (a) of section
				  635.4 
				  of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 635 - State Aid For Local Environmental Conservation Activities › Section 635.4 - Conditions for the receipt of state aid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To ensure the most efficient use of
				  available local assistance funds, State aid shall be approved only for those
				  environmental conservation activities performed by either (1) a full-time local
				  health department organized and staffed pursuant to the Public Health Law, or
				  (2) a local environmental control agency created under local initiative
				  provided:
(i) The local enabling legislation
				  clearly delineates the organization and scope of the environmental control
				  agency's responsibilities, particularly in relation to the local health
				  department.
(ii) Adequate local
				  funds are made available for the environmental control agency.
(iii) The environmental control agency is
				  staffed with qualified personnel.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 635 - State Aid For Local Environmental Conservation Activities › Section 635.5 - Non-reimbursable expenses

Current through Register Vol. 46, No. 28, July 10, 2024
The following shall not be eligible for
					 reimbursement:
(a) That portion of the
				  cost of approved mosquito control programs in excess of the first $50,000 of
				  expenditure.
(b) Activities for
				  which State aid is otherwise specifically provided by any State Law.
(c) That portion of joint Federal-local
				  programs which have been approved by the State Departments of Health or
				  Environmental Conservation which are financed from Federal funds.
(d) Contributions by counties and cities for
				  employee health insurance, retirement, and social security.
(e) The cost of malpractice or personal
				  liability insurance purchased by counties or cities for protection of
				  employees.
(f) All rentals for
				  space utilized for local health department or environmental control agency
				  purposes, if such rentals are payable to the same city or county as operates
				  the health department or environmental control agency.
(g) Purchase of supplies and equipment for
				  medical civil defense activities; salaries and expenses of staff employed
				  specifically for medical civil defense.
(h) Administrative costs reimbursed by the
				  State Department of Health.
(i)
				  Expenses offset by revenue from fees, grants or other sources, which revenue is
				  available to defray, wholly or in part, the cost of the reimbursable
				  expenses.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 636 - State Aid For Environmental Management Councils And For Conservation Advisory Councils › Section 636.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following words and terms shall
					 have the indicated meanings:
(a)
				  Authorized expenditures shall mean those operating expenses approved by the
				  commissioner as being reasonable and necessary for the carrying out of eligible
				  projects by an environmental management council or by a conservation advisory
				  council. They shall be determined after deducting the nonreimbursable
				  expenditures set forth in section
				  636.7 
				  of this Part and revenues received by such council from fees or other charges
				  for its services or products.
(b)
				  Certificate of eligibility shall mean a certificate issued annually to each
				  applicant by the commissioner certifying eligibility for State assistance
				  pursuant to this Part.
(c)
				  Commissioner shall mean the Commissioner of Environmental
				  Conservation.
(d) Department shall
				  mean the Department of Environmental Conservation.
(e) Eligible project shall mean a project
				  required by the provisions of article 47 of the Environmental Conservation Law,
				  article 12-F of the General Municipal Law, or undertaken pursuant to guidelines
				  promulgated by the commissioner.
(f) Environmental management council shall
				  mean a county or regional environmental management council.
(g) Conservation advisory council shall mean
				  a city, town or village conservation advisory council or conservation
				  board.
(h) Council shall mean
				  environmental management council, conservation advisory council, and
				  conservation board.
(i) Governing
				  body shall mean the county board of supervisors, county legislature or other
				  elective governing body of the county or municipal government.
(j) Quarterly periods shall mean the
				  quarterly periods during the State fiscal year: April 1-June 30, first quarter:
				  July 1-September 30, second quarter; October 1-December 31, third quarter;
				  January 1-March 31, fourth quarter.
(k) State fiscal year shall mean the period
				  from April 1st through March 31st of the following year.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 636 - State Aid For Environmental Management Councils And For Conservation Advisory Councils › Section 636.2 - Eligibility for state aid

Current through Register Vol. 46, No. 28, July 10, 2024
Any county establishing an environmental management council
					 or any municipality establishing a conservation advisory council shall be
					 eligible to receive State aid provided such council:
(a)
(1) in
				  the case of county environmental management councils, was established pursuant
				  to article 47 of the Environmental Conservation Law or pursuant to a provision
				  of law other than article 47 if the commissioner finds that the powers, duties
				  and reporting lines for the major reports of such council are substantially the
				  same as those provided in section 47-0107  of the Environmental
				  Conservation Law and that the membership structure thereof either complies with
				  the provisions of subdivision 1 of section 47-0105  of the Environmental
				  Conservation Law or that such membership structure is designed to encourage
				  local participation and coordination in the planning of activties to influence
				  the ecological balance of the locality; or
(2) in the case of conservation advisory
				  councils, was established pursuant to article 12-F of the General Municipal
				  Law;
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 636 - State Aid For Environmental Management Councils And For Conservation Advisory Councils › Section 636.3 - Application for state aid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  counties or municipalities seeking reimbursement for expenditures incurred by
				  council shall submit an application to the commissioner by August 1st of the
				  year preceding the State fiscal year for which reimbursement is sought;
				  provided, however, that an application for a council established after August
				  1st may be submitted at any time and provided that municipalities may submit
				  applications for conservation advisory council expenses for fiscal year
				  1977-1978 at any time during 1977-1978.
(b) Such application shall be in such form
				  and shall contain such information as the commissioner may require, including
				  but not limited to a work plan and an estimate of such expenditures for the
				  following State fiscal year.
(c)
				  Such county, following the adoption of its annual budget and no later than
				  January 15th, shall submit to the commissioner its budget based on such State
				  fiscal year for its environmental management council.
(d) A municipality, following the adoption of
				  its annual budget and no later than 15 days following the beginning of its
				  fiscal year, shall submit to the commissioner its revised budget based on the
				  State fiscal year for its conservation advsory council.
(e) After the review of the application and
				  approved budget of such council, the commissioner wili issue a certificate of
				  eligibility where he determines that such council meets the eligibility
				  requirements contained in section
				  636.2 
				  of this Part.
(f) Such county or
				  municipality shall submit to the commissioner with its initial application a
				  copy of the enabling legislation adopted by the local legislative body
				  authorizing the establishment of such council, and shall submit to the
				  commissioner any changes in such legislation at the time such changes are
				  adopted
(g) Amendments to the
				  application and approved budget may be submitted at any time prior to the end
				  of the State fiscal year for the approval of the commissioner subject to
				  available funds.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 636 - State Aid For Environmental Management Councils And For Conservation Advisory Councils › Section 636.4 - Formula for disbursement of state aid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The amount of State aid to be allocated
				  to counties and municipalities shall be determined as provided by this
				  section.
(b) The commissioner shall
				  determine the percentage proportion which the authorized expenditures of each
				  county and municipality bears to the total authorized expenditures of all the
				  counties and municipalities applying for reimbursement pursuant to this Part.
				  Such percentage proportion shall then be applied against the amount
				  appropriated by the New York State Legislature for the year in which
				  reimbursement is being requested.
(c) The amount thus determined shall
				  constitute the maximum amount of State aid to which each county or municipality
				  shall be entitled from such appropriation; provided, however, that no county or
				  municipality shall receive State aid in an amount in excess of one half of its
				  authorized expenditures as approved by the commissioner for such fiscal
				  year.
(d) The effective date for
				  location of State aid for a council established after August 1st will be
				  determined by the commissioner as such application is received.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 636 - State Aid For Environmental Management Councils And For Conservation Advisory Councils › Section 636.5 - Claims for state aid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All claims
				  for reimbursement shall be submitted within 60 days after the end of each
				  quarterly period and shall not be paid until approved by the
				  commissioner.
(b) Claims received
				  more than 60 days after the end of the quarterly period for which reimbursement
				  is sought may be returned unpaid, in which case they may not be resubmitted.
				  However, quarterly expenditures of less than $500 may be consolidated and
				  submitted with the claim for the next quarter. Claims for the last quarter of a
				  State fiscal year may not be consolidated and submitted with the claim for the
				  first quarter of the new fiscal year.
(c) Each county and municipality shall submit
				  to the commissioner with each claim for reimbursement a statement of authorized
				  expenditures actually incurred, in such form and containing such information as
				  he may require.