N.Y. Environmental Conservation Law § 15-3305: Approval and execution of projects

§ 15-3305. Approval and execution of projects.

1. Land acquisition projects for source water protection may be

undertaken pursuant to the provisions of this article and other

applicable provisions of law only with the approval of the commissioner.

2. The commissioner shall review such project application and may

approve, disapprove or recommend modifications thereto consistent with

applicable law, criteria, standards or rules and regulations relative to

such projects. In reviewing applications for projects pursuant to this

section, the commissioner shall give due consideration to:

a. the project's contribution to the protection of drinking water

supplies;

b. the presence of a water plan, including a source water

assessment/protection plan or other similar plan which identifies

measures to reduce threats to drinking water sources and priorities for

land acquisition projects; and,

c. financial need or hardship.

3. All land acquisition projects shall be undertaken in the state of

New York. The total amount of the state assistance payments toward the

cost of any such project shall be set forth in any request for proposal

issued to solicit projects and will in no event exceed seventy-five

percent of the cost.

For the purpose of determining the amount of the state assistance

payments, the cost of the project shall not be more than the amount set

forth in the application for state assistance payments approved by the

commissioner. The state assistance payments toward the cost of a project

shall be paid on audit and warrant of the state comptroller on a

certificate of availability of the director of the budget.

4. a. The commissioner and a municipality may enter into a contract

for the undertaking by the municipality of a source water protection

project. Such project shall be recommended to the commissioner by the

governing body of the municipality and, when approved by the

commissioner, may be undertaken by the municipality pursuant to this

title and any other applicable provision of law.

b. The commissioner and a not-for-profit corporation may enter into a

contract for the undertaking by the not-for-profit corporation of a

source water protection project. Such a project shall be recommended to

the commissioner by the governing body of a not-for-profit corporation

which demonstrates to the satisfaction of the commissioner that it is

capable of operating and maintaining such property for the benefit of

drinking water and/or water quality protection. Upon approval by the

commissioner, such project may be undertaken pursuant to the provisions

of this title and any other applicable provision of law.

5. No monies shall be expended for source water protection land

acquisition projects except pursuant to an appropriation therefor.