Legislation
SECTION 52-0303
Contracts with municipalities
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 52, TITLE 3
§ 52-0303. Contracts with municipalities.
With respect to a project which the commissioner has determined
pursuant to paragraph g of subdivision five of section 27-1313 of this
chapter to be eligible for funding, funding by the state shall be up to
an amount of seventy-five percent of the eligible cost and the
commissioner and the municipality shall enter into a contract which, in
addition to such other terms and conditions that the commissioner may
deem to be appropriate, provides as follows:
1. The current estimate of the cost of the project as determined by
the commissioner at the time of execution of the agreement.
2. An agreement by the commissioner to periodically reimburse the
municipality for costs incurred during the progress of the project.
Such payments shall be subject to final computation and determination of
the total state share of the eligible costs of the entire project.
3. An agreement by the municipality to proceed expeditiously with and
complete the project in accordance with plans approved for payment of
the municipality's share of the project cost.
4. A provision that in the event that any federal payments and
responsible party payments become available which were not included in
the calculation of the state share pursuant to subdivision two of this
section, the amount of the state share shall be recalculated accordingly
and the municipality shall pay to the state for deposit in the design
and construction account of the hazardous waste remedial fund
established under section ninety-seven-b of the state finance law the
amount by which the state payment actually made exceeds the recalculated
state share.
5. For purposes of this section, the term "eligible cost" means the
non-federal share of the approved project cost less amounts collected
from responsible parties as contemplated by title thirteen of article
twenty-seven of this chapter.
With respect to a project which the commissioner has determined
pursuant to paragraph g of subdivision five of section 27-1313 of this
chapter to be eligible for funding, funding by the state shall be up to
an amount of seventy-five percent of the eligible cost and the
commissioner and the municipality shall enter into a contract which, in
addition to such other terms and conditions that the commissioner may
deem to be appropriate, provides as follows:
1. The current estimate of the cost of the project as determined by
the commissioner at the time of execution of the agreement.
2. An agreement by the commissioner to periodically reimburse the
municipality for costs incurred during the progress of the project.
Such payments shall be subject to final computation and determination of
the total state share of the eligible costs of the entire project.
3. An agreement by the municipality to proceed expeditiously with and
complete the project in accordance with plans approved for payment of
the municipality's share of the project cost.
4. A provision that in the event that any federal payments and
responsible party payments become available which were not included in
the calculation of the state share pursuant to subdivision two of this
section, the amount of the state share shall be recalculated accordingly
and the municipality shall pay to the state for deposit in the design
and construction account of the hazardous waste remedial fund
established under section ninety-seven-b of the state finance law the
amount by which the state payment actually made exceeds the recalculated
state share.
5. For purposes of this section, the term "eligible cost" means the
non-federal share of the approved project cost less amounts collected
from responsible parties as contemplated by title thirteen of article
twenty-seven of this chapter.