2006 New York Code - Contracts For Municipal Air Quality Improvement Projects

 
  § 51-0507. Contracts for municipal air quality improvement projects.
    1.  The  commissioner,  in  the  name  of  the  state,  may enter into
  contracts with  municipalities  to  undertake  air  quality  improvement
  projects,  and  any such municipality may enter into a contract with the
  commissioner.  Any such contract may include such provisions as  may  be
  agreed upon by the parties thereto, and shall include, in substance, the
  following provisions:
    a.  An estimate of the reasonable cost of the project as determined by
  the commissioner;
    b. An agreement by the commissioner to pay to the municipality, during
  the progress of construction or following completion of construction  as
  may  be  agreed upon by the parties, an amount, not to exceed 50 percent
  of the cost of the project;
    c. An agreement by the municipality
    (1) to proceed  expeditiously  with,  and  complete,  the  project  as
  approved by the commissioner,
    (2)  to  operate  and  maintain  the upgraded incinerator, furnace, or
  boiler in accordance with applicable law and rules and regulations, and,
  in the case of a project defined in paragraph b of  subdivision  one  of
  section   51-0503  of  this  title,  the  agreement  shall  include  the
  provisions contemplated by paragraph c of  subdivision  one  of  section
  51-0907 of this article,
    (3)  to  apply  for  and  make  reasonable  efforts  to secure federal
  assistance, if any, for the project,
    (4) to secure the approval of the  commissioner  before  applying  for
  such  federal  assistance,  in  order  to  maximize  the amounts of such
  assistance received or to be received  for  all  projects  in  New  York
  state,
    (5) to provide for the payment of the municipality's share of the cost
  of the project;
    d.  A  provision  that, in the event that federal assistance which was
  not included in the calculation of the state payment  becomes  available
  to   the  municipality,  the  amount  of  the  state  payment  shall  be
  recalculated with the inclusion  of  such  federal  assistance  and  the
  municipality  shall  pay  to  the  state  the  amount by which the state
  payment actually made  exceeds  the  state  payment  determined  by  the
  recalculation.
    2.  In  connection  with  each  contract,  the commissioner shall keep
  adequate records of the amount of the payment by the state  and  of  the
  amount  of  federal  assistance,  if  any, received by the municipality.
  Such records shall be retained by the commissioner and  shall  establish
  the basis for recalculation of the state payment as required herein.