§ 56-0503. Environmental restoration projects; state assistance.

1. The commissioner may enter into a contract with a municipality to
provide state assistance to such municipality to undertake an
environmental restoration project. The amount of state assistance
payment for such project shall be up to an amount of:

(a) ninety percent of the eligible costs of such project, subject to
the provisions set forth in paragraph (b) of this subdivision;

(b) one hundred percent of the eligible costs of any remediation
directed by the department to be undertaken outside the boundaries of
the real property that is subject to an environmental restoration
project approved by the department.

2. In addition to such other terms and conditions that the
commissioner may deem to be appropriate, a contract authorized by
subdivision one of this section shall provide as follows:

(a) An estimate of the cost of such project as determined by the
commissioner at the time of such contract's execution;

(b) An agreement by the commissioner to periodically reimburse the
municipality for eligible costs incurred during the progress of such
project. Such payments shall be subject to final computation and
determination of the total state assistance share of the eligible costs
of the entire environmental restoration project;

(c) A provision that the municipality shall assist in identifying a
responsible party by searching local records, including property tax
rolls, or document reviews, and if, in accordance with the required
departmental approval of any settlement with a responsible party, any
responsible party payments become available to the municipality, before,
during or after the completion of an environmental restoration project,
which were not included when the state share was calculated pursuant to
this section, the state assistance share shall be recalculated, and the
municipality shall pay to the state, for deposit into the environmental
restoration project account of the hazardous waste remedial fund
established under section ninety-seven-b of the state finance law, the
difference between the original state assistance payment and the
recalculated state share. Recalculation of the state share shall be done
each time a payment from a responsible party is received by the
municipality;

(d) A provision that if any monies received from the disposition of
the real property subject to an environmental restoration project exceed
the municipality's cost of such property, including taxes owed to the
municipality upon acquisition, and the municipality's cost of the
environmental restoration project, the amount of such excess necessary
to reimburse the state of New York for the state assistance provided to
the municipality under this title shall be paid to the state of New York
for deposit into the environmental restoration project account of the
hazardous waste remedial fund established under section ninety-seven-b
of the state finance law;

(e) An agreement by the municipality to proceed expeditiously with and
complete such project in accordance with plans approved for payment of
the municipality's share of such project's cost;

(f) An agreement by the municipality that it shall prepare and
implement a public participation plan for environmental restoration
projects undertaken pursuant to this title. The requirements of the plan
shall be governed by decision of the municipality to proceed with
remediation of the property under this title. However, in all cases,
implementation of the plan shall be completed as part of the project. In
those cases where the municipality does not intend to proceed with
remediation of the property, the plan shall provide timely and
accessible disclosure of the results of the investigation to the
interested public. The plan shall provide for adequate public notice of
the availability of the investigation results; an opportunity for
submission of written comments; and a filing of a notice of the results
of the investigation as authorized by subdivision three of section three
hundred sixteen-b of the real property law. Where the municipality
intends to proceed with remediation of the property under this title,
the plan shall provide opportunities for early, inclusive participation
prior to the selection of a preferred course of action, facilitate
communication, including dialogue among the municipality, the
department, and the interested public, and provide timely and accessible
disclosure of information. At a minimum, the design of the plan shall
take into account the scope and scale of the proposed environmental
restoration remediation project, local interest, and other relevant
factors. The plan shall also provide for: adequate public notice of the
availability of a draft remedial plan; a forty-five day period for
submission of written comments; a public meeting on such plan if
substantive issues are raised by members of the affected community; and
technical assistance if so requested by members of the affected
community. Provided, however, that the requirements of this subdivision
shall not apply to interim remedial measures undertaken as part of an
environmental restoration project to address emergency site conditions.
In such instance, the department or such persons implementing the
interim remedial measure or making the request shall conduct public
participation activities as the department deems necessary and
appropriate under such circumstances.

(g) An agreement by the municipality that it shall put into place any
engineering and/or institutional controls (including environmental
easements pursuant to title thirty-six of article seventy-one of this
chapter) that the department may deem necessary to allow the
contemplated use to proceed, that such engineering and/or institutional
controls shall be binding on such municipality, any successor in title,
and any lessees and that any successors in title and any lessees cannot
challenge state enforcement of such controls;

(h) In the event that such engineering controls and/or institutional
controls are necessary, the municipality shall develop a plan consistent
with the requirements set forth in section 27-1415 of this chapter. Such
plan shall be approved by the department. Failure to implement the plan
or maintain such controls shall constitute a violation of such contract
and shall terminate for the duration of such failure the protection
afforded under subdivision one of section 56-0509 of this title;

(i) In the event that an easement is required, such municipality shall
cause such easement to be recorded and indexed in accordance with the
requirements set forth in title thirty-six of article seventy-one of
this chapter; and

(j) A provision that exempts a municipality and any successor in title
from the requirement to obtain any state or local permit or other
authorization for any activity needed to implement a project to
investigate or remediate contamination pursuant to this title; provided
that the activity is conducted in a manner which satisfies all
substantive technical requirements applicable to like activity conducted
pursuant to a permit.

3. The department may undertake an environmental restoration project
on behalf of a municipality upon request. If the department undertakes
the project on behalf of the municipality, the state shall enter into a
written agreement with the municipality and the agreement shall require
the municipality to periodically provide its share to the state for
costs incurred during the progress of such project. The municipality's
share shall be the same as would be required under subdivision one of
this section. The agreement shall include all provisions specified in
subdivision two of this section as appropriate.