N.Y. Environmental Conservation Law § 56-0503: Environmental restoration projects; state assistance

§ 56-0503. Environmental restoration projects; state assistance.

1. The commissioner may enter into a contract with a municipality to

provide state assistance to such municipality to undertake an

environmental restoration project. The amount of state assistance

payment for such project shall be up to an amount of:

(a) ninety percent of the eligible costs of such project, subject to

the provisions set forth in paragraph (b) of this subdivision;

(b) one hundred percent of the eligible costs of any remediation

directed by the department to be undertaken outside the boundaries of

the real property that is subject to an environmental restoration

project approved by the department.

2. In addition to such other terms and conditions that the

commissioner may deem to be appropriate, a contract authorized by

subdivision one of this section shall provide as follows:

(a) An estimate of the cost of such project as determined by the

commissioner at the time of such contract's execution;

(b) An agreement by the commissioner to periodically reimburse the

municipality for eligible costs incurred during the progress of such

project. Such payments shall be subject to final computation and

determination of the total state assistance share of the eligible costs

of the entire environmental restoration project;

(c) A provision that the municipality shall assist in identifying a

responsible party by searching local records, including property tax

rolls, or document reviews, and if, in accordance with the required

departmental approval of any settlement with a responsible party, any

responsible party payments become available to the municipality, before,

during or after the completion of an environmental restoration project,

which were not included when the state share was calculated pursuant to

this section, the state assistance share shall be recalculated, and the

municipality shall pay to the state, for deposit into the environmental

restoration project account of the hazardous waste remedial fund

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

difference between the original state assistance payment and the

recalculated state share. Recalculation of the state share shall be done

each time a payment from a responsible party is received by the

municipality;

(d) A provision that if any monies received from the disposition of

the real property subject to an environmental restoration project exceed

the municipality's cost of such property, including taxes owed to the

municipality upon acquisition, and the municipality's cost of the

environmental restoration project, the amount of such excess necessary

to reimburse the state of New York for the state assistance provided to

the municipality under this title shall be paid to the state of New York

for deposit into the environmental restoration project account of the

hazardous waste remedial fund established under section ninety-seven-b

of the state finance law;

(e) An agreement by the municipality to proceed expeditiously with and

complete such project in accordance with plans approved for payment of

the municipality's share of such project's cost;

(f) An agreement by the municipality that it shall prepare and

implement a public participation plan for environmental restoration

projects undertaken pursuant to this title. The requirements of the plan

shall be governed by decision of the municipality to proceed with

remediation of the property under this title. However, in all cases,

implementation of the plan shall be completed as part of the project. In

those cases where the municipality does not intend to proceed with

remediation of the property, the plan shall provide timely and

accessible disclosure of the results of the investigation to the

interested public. The plan shall provide for adequate public notice of

the availability of the investigation results; an opportunity for

submission of written comments; and a filing of a notice of the results

of the investigation as authorized by subdivision three of section three

hundred sixteen-b of the real property law. Where the municipality

intends to proceed with remediation of the property under this title,

the plan shall provide opportunities for early, inclusive participation

prior to the selection of a preferred course of action, facilitate

communication, including dialogue among the municipality, the

department, and the interested public, and provide timely and accessible

disclosure of information. At a minimum, the design of the plan shall

take into account the scope and scale of the proposed environmental

restoration remediation project, local interest, and other relevant

factors. The plan shall also provide for: adequate public notice of the

availability of a draft remedial plan; a forty-five day period for

submission of written comments; a public meeting on such plan if

substantive issues are raised by members of the affected community; and

technical assistance if so requested by members of the affected

community. Provided, however, that the requirements of this subdivision

shall not apply to interim remedial measures undertaken as part of an

environmental restoration project to address emergency site conditions.

In such instance, the department or such persons implementing the

interim remedial measure or making the request shall conduct public

participation activities as the department deems necessary and

appropriate under such circumstances.

(g) An agreement by the municipality that it shall put into place any

engineering and/or institutional controls (including environmental

easements pursuant to title thirty-six of article seventy-one of this

chapter) that the department may deem necessary to allow the

contemplated use to proceed, that such engineering and/or institutional

controls shall be binding on such municipality, any successor in title,

and any lessees and that any successors in title and any lessees cannot

challenge state enforcement of such controls;

(h) In the event that such engineering controls and/or institutional

controls are necessary, the municipality shall develop a plan consistent

with the requirements set forth in section 27-1415 of this chapter. Such

plan shall be approved by the department. Failure to implement the plan

or maintain such controls shall constitute a violation of such contract

and shall terminate for the duration of such failure the protection

afforded under subdivision one of section 56-0509 of this title;

(i) In the event that an easement is required, such municipality shall

cause such easement to be recorded and indexed in accordance with the

requirements set forth in title thirty-six of article seventy-one of

this chapter; and

(j) A provision that exempts a municipality and any successor in title

from the requirement to obtain any state or local permit or other

authorization for any activity needed to implement a project to

investigate or remediate contamination pursuant to this title; provided

that the activity is conducted in a manner which satisfies all

substantive technical requirements applicable to like activity conducted

pursuant to a permit.

3. The department may undertake an environmental restoration project

on behalf of a municipality upon request. If the department undertakes

the project on behalf of the municipality, the state shall enter into a

written agreement with the municipality and the agreement shall require

the municipality to periodically provide its share to the state for

costs incurred during the progress of such project. The municipality's

share shall be the same as would be required under subdivision one of

this section. The agreement shall include all provisions specified in

subdivision two of this section as appropriate.