N.Y. Environmental Conservation Law § 56-0609: Clean air for schools projects

§ 56-0609. Clean air for schools projects.

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

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

million dollars ($125,000,000) shall be available for disbursements for

clean air for schools projects.

The power authority is authorized to undertake clean air for schools

projects for elementary, middle and secondary schools. The power

authority may undertake such projects in cooperation with local gas and

electric corporations and/or energy service companies.

For the purposes of this section, "clean air for schools projects"

shall mean projects to improve air quality by schools including, but not

limited to, projects that replace coal-fired furnaces and heating

systems with furnaces and systems fired by oil or gas.

2. Any school district may make an application to the power authority

for state assistance payments from funds made available under this

article toward the costs of clean air for schools projects.

a. The power authority shall review such applications and may approve,

deny, or recommend modifications thereto, consistent with applicable law

and consistent with criteria, standards, or rules and regulations, as

the power authority may establish, relative to such projects. In the

event that an application is denied, the power authority shall provide,

in writing, reasons for the denial to the applicant.

b. In reviewing such applications, the power authority shall give due

consideration to the following criteria:

(i) the extent to which the project provides the greatest improvement

in air quality both within the school and in the surrounding

neighborhood;

(ii) the age of the system being replaced; and

(iii) the potential for energy cost savings from efficiency

improvements.

c. Upon approval of an application, the power authority may enter into

a contract with the school district to undertake a clean air for schools

project.

3. Notwithstanding any provision of law to the contrary, the

comptroller is authorized and directed to release monies constituting

state assistance payments, in amounts set forth in a schedule approved

by the director of the budget, to the power authority for the purposes

authorized by this section. Any monies constituting state assistance

payments made available to the power authority for the purposes

specified by this section shall not be subject to the requirements of

section one thousand thirteen of the public authorities law.