N.Y. Soil & Water Conservation Districts Law § 11-b: Agricultural nonpoint source abatement and control projects

§ 11-b. Agricultural nonpoint source abatement and control projects.

1. Subject to the availability of funds appropriated therefor, a

matching grant program is established to fund agricultural nonpoint

source abatement and control projects that meet the following criteria:

a. the project must consist of activities or plans which will

identify, reduce, abate, control or prevent nonpoint source pollution

originating from agricultural sources;

b. the project must be proposed for implementation by a district or

group of districts acting jointly;

c. the project must identify agricultural nonpoint sources of

pollution or propose to implement best management practices, as defined

in section three of this chapter; and

d. the district or districts must have funds available to pay for its

share of the eligible project costs.

2. Applications for matching grants shall contain the following

information:

a. the name and location of the water body and the nonpoint source

problem to be addressed;

b. identification of the best management practices to be implemented,

if applicable;

c. a cost estimate for the proposed project;

d. the source of funds available to the district to pay for its share

of the eligible costs;

e. information sufficient to demonstrate that the criteria in

subdivision one of this section have been met; and

f. such further information as may be required by the committee

through regulations.

3. In awarding grants the committee shall give preference to those

projects located in priority water bodies identified pursuant to section

17-1407 of the environmental conservation law. The committee shall also

give preference to projects proposed to promote participation or further

the priorities of the agricultural environmental management (AEM)

program as set forth in article eleven-A of the agriculture and markets

law.

4. Eligible costs that may be funded pursuant to this section are

architectural and engineering services, plans and specifications,

including watershed based or individual agricultural nonpoint source

pollution assessments, consultant and legal services, conservation

easements and associated transaction costs specific to title

thirty-three of article fifteen of the environmental conservation law

and other direct expenses related to project implementation.

5. State assistance payments pursuant to this section shall be up to a

maximum of seventy-five percent of the eligible costs, as determined

pursuant to subdivision four of section 17-1409 of the environmental

conservation law, for any specified project. Such maximum shall be

increased by a percentage equal to the percentage of the total eligible

costs for such specified projects that are contributed by the owner or

operator of agricultural land upon which such specified project is being

conducted, provided, however, that in no event shall the total of such

state assistance payments exceed eighty-seven and one-half percent of

such eligible costs for any specified project.

6. The committee may adopt rules and regulations necessary to

effectuate the purposes of this section.

7. Notwithstanding any other provision of law, a concentrated animal

feeding operation permitted pursuant to title seven or eight of article

seventeen of the environmental conservation law shall be treated as a

nonpoint source for purposes of qualifying for funding pursuant to this

section.