2019 New York Laws
ENV - Environmental Conservation
Article 51 - Inplementation of Environmental Quality Bond Act of 1972
Title 5 - Air Quality Improvement Projects
51-0507 - 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.