N.Y. Environmental Conservation Law § 17-1901: Comprehensive studies and reports: definitions; state aid; powers and duties of the commissioner; powers of the municipalities

§ 17-1901. Comprehensive studies and reports: definitions; state aid;

powers and duties of the commissioner; powers of the

municipalities.

1. As used in this section:

a. "Comprehensive study and report" means an engineering study for the

development of economical projects for the present and future

collection, treatment and disposal of sewage for one or more

municipalities or any portion thereof. Such study shall contain such

information as may be determined by the commissioner, including, but not

limited to, the determination of the economical service area or

administrative area for sewage works projects; cost estimates covering

construction, engineering, legal and other services, land acquisition,

and contingencies; proposed method of financing; preparation of

estimates of first costs and total annual costs for the construction,

and operation and maintenance of the recommended facilities; basic data

such as general plan for sewage treatment plant site, flow, size and

capacity of proposed units, and location, size or capacity of main trunk

sewers, subtrunks, pumping stations, force mains, and outfalls; basic

information so that sewage works and sewerage systems may be enlarged

economically to serve future areas and population; and development of

major alternative solutions. Such study shall not provide for minor

sewer extensions or for sewer plans for small subdivisions or small

areas, and shall not include the preparation of detail design and

engineering drawings, specifications, and contract documents.

b. "Municipality" means county, city, town or village, or any

designated agency thereof.

c. "Governing body" means in a county, the county legislative body; in

a city, the board of aldermen, a common council, commission or other

body vested by its charter or other law with jurisdiction to enact

ordinances or local laws, except that in a city having a population of

one million or more, if there be a board of estimate, the term

"governing body" shall mean such board of estimate; in a town, the town

board; and, in a village, the board of trustees.

d. "Agency" means the department, bureau, commission, board, division,

agency, public benefit corporation, or committee of any municipality or

municipalities, designated by the governing body of such municipality,

or by the governing body of each participating municipality in the case

of a joint undertaking, to conduct and develop comprehensive studies and

reports.

2. The commissioner may, in the name of the state, make or contract to

make, within appropriations therefor, a state grant, for payment during

any of the ten successive fiscal years of the state beginning with its

fiscal year commencing April 1, 1972, to any municipality, or to two or

more municipalities jointly, to cover the entire cost, as determined and

approved by the commissioner, of the preparation or updating of a

comprehensive study and report for the present and future collection,

treatment, and disposal of sewage in such municipality or

municipalities.

3. In administering and enforcing the provisions of this section, the

commissioner shall:

a. Make an estimate of the funds or appropriations for inclusion

annually in the executive budget;

b. Receive applications for state aid in such form and containing such

information as he may require;

c. Qualify municipalities for state aid and advise them of such

qualifications;

d. Approve the area and scope of any comprehensive study prior to its

execution;

e. Approve the person or firm selected by the municipality to perform

necessary consulting services for the comprehensive study and reports;

f. Approve the report prior to final payment;

g. Execute contracts for the services of consulting engineers

necessary for such study jointly with the municipality or municipalities

requesting state aid therefor;

h. Approve the amount of compensation to be paid for such engineering

services and the method of determining such compensation, provided,

however, that such compensation shall not be computed on a per diem or

percentage of estimated costs basis;

i. Approve vouchers for payment of state aid grants;

j. Perform such other and further acts and promulgate such rules and

regulations, pursuant to subdivision 2 of section 17-0303, as may be

necessary, proper or desirable to carry out effectively the provisions

of this section.

4. Any municipality, or municipalities acting jointly, may:

a. Apply to and contract with the commissioner for state aid pursuant

to this section;

b. Select, subject to the commissioner's approval, the person or firm

to perform necessary consulting engineering services for a comprehensive

study and report, and enter into contracts for such services, provided,

however, that the commissioner shall also be a party to any such

contract;

c. Expend money received from the state pursuant to this section only

for purposes consistent with this section.