N.Y. Environmental Conservation Law § 3-0117: Activities of local governmental agencies

§ 3-0117. Activities of local governmental agencies.

1. Activities of local health boards, departments and officers and

other local government agencies pertaining to functions, powers and

duties which were transferred pursuant to chapter 140 of the Laws of

1970, from the Department and Commissioner of Health to the Department

and Commissioner of Environmental Conservation shall be eligible for aid

under the provisions of titles 1, 2, and 3 of article 6 of the Public

Health Law to the same extent such activities were eligible for such aid

if conducted immediately prior to the effective date of chapter 140 of

the Laws of 1970. The Commissioner of Environmental Conservation shall

exercise the same powers of approval and supervision with respect to

such activities as were exercised by the Commissioner of Health

immediately prior to the effective date of that chapter.

2. Counties and cities shall be eligible for aid for other

environmental conservation activities pertaining to functions, powers

and duties other than those which were so transferred pursuant to

chapter 140 of the Laws of 1970. Such other activities shall be

described under rules and regulations adopted pursuant to subdivision

four of this section.

3. A county or city shall be eligible for aid whenever it shall

appropriate or otherwise make funds available and expend monies for the

purpose of defraying expenses incurred in undertaking environmental

conservation activities under this section. The appropriations made or

to be made by the legislature for the purpose of carrying out the

provisions of this section shall be apportioned and made available by

the director of the budget to the Commissioner of Environmental

Conservation. The rate of aid shall be set annually by the Commissioner

of Environmental Conservation, provided however, that except as

otherwise provided in the public health law, the rate shall not exceed

fifty percentum of the amount expended annually by a county or city. In

the event that the amount appropriated by the legislature is

insufficient to make full payment of all state aid to which eligible

counties and cities would otherwise be entitled under this section, the

amounts appropriated shall be apportioned in proportion to the amounts

to which such counties and cities would otherwise be entitled.

4. The Department of Environmental Conservation shall adopt rules and

regulations to implement the provisions of this section, which shall

include, but not be limited to the establishment of the following:

information and reporting requirements; activity, facility,

construction, equipment, service, administration and work eligibility

requirements and standards; department inspection, examination and

approval procedures; qualifications for persons engaged in environmental

conservation activities; and minimum criteria for the composition of

county and city government bodies that may be authorized to engage in

activities for which aid may be sought.