§ 17-1901 — Comprehensive studies and reports: definitions; state aid; powers and duties of the commissioner; powers of the municipalities

New York § 17-1901

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 19: State Aid: Collection, Treatment, and Disposal of Sewage
• Art. 17: Water Pollution Control

Text

§ 17-1901. Comprehensive studies and reports: definitions; state aid;\n powers and duties of the commissioner; powers of the\n municipalities.\n 1. As used in this section:\n a. "Comprehensive study and report" means an engineering study for the\ndevelopment of economical projects for the present and future\ncollection, treatment and disposal of sewage for one or more\nmunicipalities or any portion thereof. Such study shall contain such\ninformation as may be determined by the commissioner, including, but not\nlimited to, the determination of the economical service area or\nadministrative area for sewage works projects; cost estimates covering\nconstruction, engineering, legal and other services, land acquisition,\nand contingencies; proposed method of financing; preparation of\nestimates of first costs and total annual costs for the construction,\nand operation and maintenance of the recommended facilities; basic data\nsuch as general plan for sewage treatment plant site, flow, size and\ncapacity of proposed units, and location, size or capacity of main trunk\nsewers, subtrunks, pumping stations, force mains, and outfalls; basic\ninformation so that sewage works and sewerage systems may be enlarged\neconomically to serve future areas and population; and development of\nmajor alternative solutions. Such study shall not provide for minor\nsewer extensions or for sewer plans for small subdivisions or small\nareas, and shall not include the preparation of detail design and\nengineering drawings, specifications, and contract documents.\n b. "Municipality" means county, city, town or village, or any\ndesignated agency thereof.\n c. "Governing body" means in a county, the county legislative body; in\na city, the board of aldermen, a common council, commission or other\nbody vested by its charter or other law with jurisdiction to enact\nordinances or local laws, except that in a city having a population of\none million or more, if there be a board of estimate, the term\n"governing body" shall mean such board of estimate; in a town, the town\nboard; and, in a village, the board of trustees.\n d. "Agency" means the department, bureau, commission, board, division,\nagency, public benefit corporation, or committee of any municipality or\nmunicipalities, designated by the governing body of such municipality,\nor by the governing body of each participating municipality in the case\nof a joint undertaking, to conduct and develop comprehensive studies and\nreports.\n 2. The commissioner may, in the name of the state, make or contract to\nmake, within appropriations therefor, a state grant, for payment during\nany of the ten successive fiscal years of the state beginning with its\nfiscal year commencing April 1, 1972, to any municipality, or to two or\nmore municipalities jointly, to cover the entire cost, as determined and\napproved by the commissioner, of the preparation or updating of a\ncomprehensive study and report for the present and future collection,\ntreatment, and disposal of sewage in such municipality or\nmunicipalities.\n 3. In administering and enforcing the provisions of this section, the\ncommissioner shall:\n a. Make an estimate of the funds or appropriations for inclusion\nannually in the executive budget;\n b. Receive applications for state aid in such form and containing such\ninformation as he may require;\n c. Qualify municipalities for state aid and advise them of such\nqualifications;\n d. Approve the area and scope of any comprehensive study prior to its\nexecution;\n e. Approve the person or firm selected by the municipality to perform\nnecessary consulting services for the comprehensive study and reports;\n f. Approve the report prior to final payment;\n g. Execute contracts for the services of consulting engineers\nnecessary for such study jointly with the municipality or municipalities\nrequesting state aid therefor;\n h. Approve the amount of compensation to be paid for such engineering\nservices and the method of determining such compensation, provided,\nhowever, that such compensation shall not be computed on a per diem or\npercentage of estimated costs basis;\n i. Approve vouchers for payment of state aid grants;\n j. Perform such other and further acts and promulgate such rules and\nregulations, pursuant to subdivision 2 of section 17-0303, as may be\nnecessary, proper or desirable to carry out effectively the provisions\nof this section.\n 4. Any municipality, or municipalities acting jointly, may:\n a. Apply to and contract with the commissioner for state aid pursuant\nto this section;\n b. Select, subject to the commissioner's approval, the person or firm\nto perform necessary consulting engineering services for a comprehensive\nstudy and report, and enter into contracts for such services, provided,\nhowever, that the commissioner shall also be a party to any such\ncontract;\n c. Expend money received from the state pursuant to this section only\nfor purposes consistent with this section.\n