N.Y. Environmental Conservation Law § 52-0303: Contracts with municipalities

§ 52-0303. Contracts with municipalities.

With respect to a project which the commissioner has determined

pursuant to paragraph g of subdivision five of section 27-1313 of this

chapter to be eligible for funding, funding by the state shall be up to

an amount of seventy-five percent of the eligible cost and the

commissioner and the municipality shall enter into a contract which, in

addition to such other terms and conditions that the commissioner may

deem to be appropriate, provides as follows:

1. The current estimate of the cost of the project as determined by

the commissioner at the time of execution of the agreement.

2. An agreement by the commissioner to periodically reimburse the

municipality for costs incurred during the progress of the project.

Such payments shall be subject to final computation and determination of

the total state share of the eligible costs of the entire project.

3. An agreement by the municipality to proceed expeditiously with and

complete the project in accordance with plans approved for payment of

the municipality's share of the project cost.

4. A provision that in the event that any federal payments and

responsible party payments become available which were not included in

the calculation of the state share pursuant to subdivision two of this

section, the amount of the state share shall be recalculated accordingly

and the municipality shall pay to the state for deposit in the design

and construction account of the hazardous waste remedial fund

established under section ninety-seven-b of the state finance law the

amount by which the state payment actually made exceeds the recalculated

state share.

5. For purposes of this section, the term "eligible cost" means the

non-federal share of the approved project cost less amounts collected

from responsible parties as contemplated by title thirteen of article

twenty-seven of this chapter.