N.Y. Environmental Conservation Law § 51-0305: Contracts for water quailty improvement projects

§ 51-0305. Contracts for water quailty improvement projects.

1. The commissioner, in the name of the state, may enter into

contracts with municipalities having power to construct, operate and

maintain sewage treatment works, and any such municipality may enter

into a contract with the commissioner concerning eligible projects. Any

such contract may include such provisions as may be agreed upon by the

parties thereto, and shall include, in substance, the following

provisions:

a. Current estimate of the reasonable cost of the project as

determined by the commissioner at the time of execution of the contract.

The commissioner shall not be precluded by section two hundred twenty of

this title from determining a reasonable cost for any project enumerated

in such section different from the estimated cost of such section.

b. An agreement by the commissioner to pay to the municipality, during

the progress of construction subject to final computation and

determination of the total state grant upon completion of the entire

project reflecting the project cost, a portion of the non-federal share

of the cost of any project, phase or portion thereof approved for a

federal treatment works construction grant, determined by the following

formulae:

(i) for any project which has received a Federal Clean Water Act

section 202(a)(1) grant in an amount which is that per centum of the

cost of construction authorized for federal fiscal years beginning July

first, nineteen hundred seventy-one and ending September thirtieth,

nineteen hundred eighty-four, inclusive, an amount that is one-half of

the non-federal share of the cost of the eligible project, not to exceed

thirty percent thereof;

(ii) for any project which has received a grant pursuant to Federal

Clean Water Act section 202(a)(1) or section 201 as amended in nineteen

hundred eighty-one, which is that reduced per centum of the costs of

construction authorized for federal fiscal years beginning on and after

October first, nineteen hundred eighty-four, an amount that is

two-thirds of the non-federal share of the eligible cost of the project,

not to exceed thirty percent thereof;

(iii) for any project or portion of a project which has received a

federal grant for utilization of innovative or alternative treatment

processes and techniques pursuant to the provisions of section 202(a)(2)

of the Federal Clean Water Act, thirty percent of the cost of the

innovative or alternative portion of the eligible project, provided that

the local share of the innovative or alternative portion will be a

minimum of seven and one-half percent.

c. An agreement by the municipality

1. to proceed expeditiously with, and complete, the project in

accordance with plans approved by the department,

2. to commence operation of the sewage treatment works on completion

of the project, and not to discontinue operation or dispose of the

sewage treatment works without the approval of the commissioner,

3. to operate and maintain the sewage treatment works in accordance

with applicable provisions of law, the state sanitary code or rules and

regulations of the commissioner,

4. to provide for the payment of the municipality's share of the cost

of the project.

d. A provision that, in the event that federal pollution abatement

assistance which was not included in the calculation of the state

payment pursuant to paragraph b of this subdivision becomes available to

the municipality, the amount of the state payment shall be recalculated

with the inclusion of such additional federal assistance and the

municipality shall either:

1. pay to the state the amount by which the state payment actually

made exceeds the state payment determined by the recalculation or

2. if such additional federal pollution abatement assistance has not

been received by the municipality, authorize the state to receive and

retain an amount from the federal government equal to the amount to

which it would be entitled under subparagraph 1 hereof.

2. In connection with each contract, the commissioner shall keep

adequate records of the amount of the payment by the state pursuant to

paragraph b of subdivision one of this section of the amount of federal

assistance received by the municipality. Such records shall be retained

by the commissioner and shall establish the basis for recalculation of

the state payment as required by paragraph d of subdivision one of this

section.