N.Y. Environmental Conservation Law § 56-0303: Management programs, plans and projects

§ 56-0303. Management programs, plans and projects.

1. Of the moneys received by the state from the sale of bonds pursuant

to the Clean Water/Clean Air Bond Act of 1996, five hundred twenty-five

million dollars ($525,000,000) shall be allocated to water quality

improvement projects identified as follows:

(a) Twenty-five million dollars ($25,000,000) shall be available for

state assistance payments to municipalities for the cost of water

quality improvement projects intended to implement the Hudson River

estuary plan as set forth in section 11-0306 of this chapter.

(b) Two hundred million dollars ($200,000,000) shall be available for

state assistance payments to municipalities for the cost of water

quality improvement projects intended to implement the Long Island Sound

comprehensive conservation and management plan developed pursuant to

section 320 of the federal clean water act.

(c) Fifteen million dollars ($15,000,000) shall be available for state

assistance payments to municipalities for the cost of water quality

improvement projects intended to implement the Lake Champlain management

plan developed pursuant to the federal Lake Champlain special

designation act of 1990.

(d) Seventy-five million dollars ($75,000,000) shall be available for

state assistance payments to municipalities for the cost of water

quality improvement projects intended to implement the Onondaga Lake

plan developed pursuant to the consent order issued by the United States

District Court for the Northern District of New York agreed to among

Onondaga County, the state of New York, and the Atlantic States Legal

Foundation, Inc. Provided, however, that such municipality shall adhere

to the construction timetable set forth in said plan and shall provide

the department with periodic updates as to the progress of said

construction and the prospect of any pilot or demonstration technologies

set forth in said plan. The commissioner shall have discretion not to

make any disbursement until these conditions have been met to his or her

satisfaction and upon the approval of the state comptroller.

(e) Twenty-five million dollars ($25,000,000) shall be available for

state assistance payments to municipalities for the cost of water

quality improvement projects intended to implement the New York/New

Jersey harbor comprehensive conservation and management plan, developed

pursuant to section 320 of the federal clean water act.

(f) Twenty-five million dollars ($25,000,000) shall be available for

state assistance payments to municipalities for the cost of water

quality improvement projects intended to implement the department's

great lakes program developed in accordance with the federal great lakes

critical programs act of 1990 and the great lakes water quality

agreement of 1987, as amended, between the governments of Canada and the

United States of America.

(g) Twenty-five million dollars ($25,000,000) shall be available for

state assistance payments to municipalities for the cost of water

quality improvement projects for the finger lakes and their tributaries

which are approved by the secretary of state pursuant to article

forty-two of the executive law or by the commissioner.

(h) For state assistance payments for the cost of water quality

improvement projects intended for any waters of the state for projects

to support a study of groundwater quality in Long Island or open space

land conservation projects which have been (a) approved by the

commissioner, (b) identified in plans in accordance with section 1455b

of the federal coastal zone management act or article forty-two of the

executive law and approved by the secretary of state, or (c) developed

in accordance with title eleven-b of article two of the soil and water

conservation districts law and approved by the state soil and water

conservation committee and commissioner of agriculture and markets.

(i) Twenty-five million dollars ($25,000,000) shall be available for

the expenses of projects at facilities owned by the state of New York

which enhance the quality of the waters of the state by remedying

environmental deficiencies or complying with environmental laws and

regulations.

(j) Fifty million dollars ($50,000,000) shall be available to

municipalities for wastewater treatment improvement projects and the

cost of municipal flood control projects in villages, towns, and cities

with a population of seventy-five thousand or less.

(k) Thirty million dollars ($30,000,000) shall be available for state

assistance payments to municipalities for the cost of water quality

improvement projects intended to implement the comprehensive

conservation management plan for the peconic estuary developed pursuant

to section 320 of the federal clean water act and for the comprehensive

management plan for the south shore estuary reserve plan developed

pursuant to article forty-six of the executive law.

(l) Thirty million dollars ($30,000,000) shall be available for state

assistance payments through the environmental facilities corporation to

villages, towns, and cities with a population of less than one million,

for environmental compliance assistance projects for businesses which

enhance the quality of the waters of the state through compliance with

environmental laws and regulations, or to remedy or prevent

environmental deficiencies.

(1) The president of the environmental facilities corporation is

authorized to provide state assistance payments to villages, towns, and

cities with a population less than one million, for implementation of

environmental compliance assistance projects which enhance the quality

of the waters of the state.

(2) A village, town, and city with a population of less than one

million may submit an application to the president, in such form and

manner as the president may require, for state assistance payments

toward the cost of environmental compliance assistance projects.

(3) Upon receipt of a request for state assistance application, the

president shall review and, within ninety days from the receipt of a

complete application, may approve, disapprove, or recommend

modifications thereto consistent with applicable law criteria,

standards, or rules and regulations relative to such projects.

(m) Notwithstanding any provision of law to the contrary, amounts

allocated in paragraphs (a), (b), (c), (d), (e), (f) and (g) of this

subdivision may be interchanged between such paragraphs and may be

interchanged to amounts allocated in paragraph (h) of this subdivision.

2. At least three wastewater treatment improvement projects funded

pursuant to this title shall be projects designed to refine innovative

technologies for use in the physical environment of New York state and

serve as a catalyst for technology transfer. Such technologies may

include, but shall not be limited to, technologies that reduce the

amount and toxicity of sewage sludge and effluent; increase reliability

and cost efficiency; reduce energy consumption; or achieve more reliable

pathogen destruction.