N.Y. Environmental Conservation Law § 56-0305: Application procedure

§ 56-0305. Application procedure.

1. Any municipality or soil and water conservation district may make

an application for such state assistance payment, in a manner, form, and

time frame and containing such information as the respective

commissioner, the president of the environmental facilities corporation

or the secretary of state may require. Subject to the provisions of

section thirty-two of the chapter of the laws of 1996 which added this

section, the respective commissioner, the president of the environmental

facilities corporation or the secretary of state shall review such

application and may approve, disapprove, or recommend modifications

thereto consistent with applicable law, criteria, standards, or rules

and regulations relative to such projects.

2. In reviewing such applications for eligibility, the respective

commissioner, the president of the environmental facilities corporation

or the secretary of state shall give due consideration to:

(a) the suitability and feasibility of the project in relation to the

goals of the applicable program or plan;

(b) the priority of the project in relationship to other projects

proposed under the same program or plan. Highest priority shall be

granted to projects which will provide the greatest reduction in

pollutants or most significant habitat improvement. For water quality

improvement projects which have been developed with the assistance of,

or by any other state agencies, the respective commissioner, the

president of the environmental facilities corporation or secretary of

state shall be consulted with when determining the priority of the

project;

(c) the availability of matching funds on the part of the municipality

or the soil and water conservation district to finance the

municipality's or soil and water conservation district's share of the

project cost. In submitting the application, the municipality or soil

and water conservation district shall submit proof to the satisfaction

of the respective commissioner, the president of the environmental

facilities corporation or secretary of state of the availability of such

matching funds; and

(d) the urgency of the need to provide state assistance payments for

the project in relation to the availability of other funding sources and

the municipality's or soil and water conservation district's ability to

finance such project based on the availability of other moneys including

federal funds.

3. Upon approval of an application for such assistance payment, the

respective commissioner, the president of the environmental facilities

corporation or the secretary of state and the municipality or soil and

water conservation district shall enter into a contract for such payment

toward the cost of the approved project which shall include the

following provisions:

(a) A current estimate of the cost of the project as determined by the

respective commissioner, the president of the environmental facilities

corporation or the secretary of state at the time of the execution of

the contract and a specific timetable for progress and completion of the

project;

(b) An agreement by the respective commissioner, the president of the

environmental facilities corporation or secretary of state to make state

assistance payments toward the cost of the project by periodically

reimbursing the municipality or soil and water conservation district for

costs incurred during the progress of the project to the maximum agreed

upon state share. Such costs are subject to final computation and

determination by the respective commissioner, the president of the

environmental facilities corporation or secretary of state upon

completion of the project; and

(c) An agreement by the municipality or soil and water conservation

district to proceed expeditiously with the project and to complete the

project in accordance with the timetable set out in the contract as so

approved by the respective department or authority and with the

conditions of applicable permits, administrative orders, or judicial

orders. A finding by the respective commissioner, the president of the

environmental facilities corporation or secretary of state that the

municipality or soil and water conservation district has not met the

conditions of the contract in good faith shall constitute a material

breach of the contract.