§ 15-3305 — Approval and execution of projects

§ 15-3305. Approval and execution of projects.\n 1. Land acquisition projects for source water protection may be\nundertaken pursuant to the provisions of this article and other\napplicable provisions of law only with the approval of the commissioner.\n 2. The commissioner shall review such project application and may\napprove, disapprove or recommend modifications thereto consistent with\napplicable law, criteria, standards or rules and regulations relative to\nsuch projects. In reviewing applications for projects pursuant to this\nsection, the commissioner shall give due consideration to:\n a. the project's contribution to the protection of drinking water\nsupplies;\n b. the presence of a water plan, including a source water\nassessment/protection plan or other similar plan which identifies\nmeasures to reduce threats to drinking water sources and priorities for\nland acquisition projects; and,\n c. financial need or hardship.\n 3. All land acquisition projects shall be undertaken in the state of\nNew York. The total amount of the state assistance payments toward the\ncost of any such project shall be set forth in any request for proposal\nissued to solicit projects and will in no event exceed seventy-five\npercent of the cost.\n For the purpose of determining the amount of the state assistance\npayments, the cost of the project shall not be more than the amount set\nforth in the application for state assistance payments approved by the\ncommissioner. The state assistance payments toward the cost of a project\nshall be paid on audit and warrant of the state comptroller on a\ncertificate of availability of the director of the budget.\n 4. a. The commissioner and a municipality may enter into a contract\nfor the undertaking by the municipality of a source water protection\nproject. Such project shall be recommended to the commissioner by the\ngoverning body of the municipality and, when approved by the\ncommissioner, may be undertaken by the municipality pursuant to this\ntitle and any other applicable provision of law.\n b. The commissioner and a not-for-profit corporation may enter into a\ncontract for the undertaking by the not-for-profit corporation of a\nsource water protection project. Such a project shall be recommended to\nthe commissioner by the governing body of a not-for-profit corporation\nwhich demonstrates to the satisfaction of the commissioner that it is\ncapable of operating and maintaining such property for the benefit of\ndrinking water and/or water quality protection. Upon approval by the\ncommissioner, such project may be undertaken pursuant to the provisions\nof this title and any other applicable provision of law.\n 5. No monies shall be expended for source water protection land\nacquisition projects except pursuant to an appropriation therefor.\n