N.Y. Environmental Conservation Law § 51-0507: Contracts for municipal air quality improvement projects

§ 51-0507. Contracts for municipal air quality improvement projects.

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

contracts with municipalities to undertake air quality improvement

projects, and any such municipality may enter into a contract with the

commissioner. 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. An estimate of the reasonable cost of the project as determined by

the commissioner;

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

the progress of construction or following completion of construction as

may be agreed upon by the parties, an amount, not to exceed 50 percent

of the cost of the project;

c. An agreement by the municipality

(1) to proceed expeditiously with, and complete, the project as

approved by the commissioner,

(2) to operate and maintain the upgraded incinerator, furnace, or

boiler in accordance with applicable law and rules and regulations, and,

in the case of a project defined in paragraph b of subdivision one of

section 51-0503 of this title, the agreement shall include the

provisions contemplated by paragraph c of subdivision one of section

51-0907 of this article,

(3) to apply for and make reasonable efforts to secure federal

assistance, if any, for the project,

(4) to secure the approval of the commissioner before applying for

such federal assistance, in order to maximize the amounts of such

assistance received or to be received for all projects in New York

state,

(5) 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 assistance which was

not included in the calculation of the state payment becomes available

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

recalculated with the inclusion of such federal assistance and the

municipality shall pay to the state the amount by which the state

payment actually made exceeds the state payment determined by the

recalculation.

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

adequate records of the amount of the payment by the state and of the

amount of federal assistance, if any, 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 herein.