§ 51-0305 — Contracts for water quailty improvement projects

New York § 51-0305

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 3: Water Quality Improvement Projects
• Art. 51: Inplementation of Environmental Quality Bond Act of 1972

Text

§ 51-0305. Contracts for water quailty improvement projects.\n 1. The commissioner, in the name of the state, may enter into\ncontracts with municipalities having power to construct, operate and\nmaintain sewage treatment works, and any such municipality may enter\ninto a contract with the commissioner concerning eligible projects. Any\nsuch contract may include such provisions as may be agreed upon by the\nparties thereto, and shall include, in substance, the following\nprovisions:\n a. Current estimate of the reasonable cost of the project as\ndetermined by the commissioner at the time of execution of the contract.\nThe commissioner shall not be precluded by section two hundred twenty of\nthis title from determining a reasonable cost for any project enumerated\nin such section different from the estimated cost of such section.\n b. An agreement by the commissioner to pay to the municipality, during\nthe progress of construction subject to final computation and\ndetermination of the total state grant upon completion of the entire\nproject reflecting the project cost, a portion of the non-federal share\nof the cost of any project, phase or portion thereof approved for a\nfederal treatment works construction grant, determined by the following\nformulae:\n (i) for any project which has received a Federal Clean Water Act\nsection 202(a)(1) grant in an amount which is that per centum of the\ncost of construction authorized for federal fiscal years beginning July\nfirst, nineteen hundred seventy-one and ending September thirtieth,\nnineteen hundred eighty-four, inclusive, an amount that is one-half of\nthe non-federal share of the cost of the eligible project, not to exceed\nthirty percent thereof;\n (ii) for any project which has received a grant pursuant to Federal\nClean Water Act section 202(a)(1) or section 201 as amended in nineteen\nhundred eighty-one, which is that reduced per centum of the costs of\nconstruction authorized for federal fiscal years beginning on and after\nOctober first, nineteen hundred eighty-four, an amount that is\ntwo-thirds of the non-federal share of the eligible cost of the project,\nnot to exceed thirty percent thereof;\n (iii) for any project or portion of a project which has received a\nfederal grant for utilization of innovative or alternative treatment\nprocesses and techniques pursuant to the provisions of section 202(a)(2)\nof the Federal Clean Water Act, thirty percent of the cost of the\ninnovative or alternative portion of the eligible project, provided that\nthe local share of the innovative or alternative portion will be a\nminimum of seven and one-half percent.\n c. An agreement by the municipality\n 1. to proceed expeditiously with, and complete, the project in\naccordance with plans approved by the department,\n 2. to commence operation of the sewage treatment works on completion\nof the project, and not to discontinue operation or dispose of the\nsewage treatment works without the approval of the commissioner,\n 3. to operate and maintain the sewage treatment works in accordance\nwith applicable provisions of law, the state sanitary code or rules and\nregulations of the commissioner,\n 4. to provide for the payment of the municipality's share of the cost\nof the project.\n d. A provision that, in the event that federal pollution abatement\nassistance which was not included in the calculation of the state\npayment pursuant to paragraph b of this subdivision becomes available to\nthe municipality, the amount of the state payment shall be recalculated\nwith the inclusion of such additional federal assistance and the\nmunicipality shall either:\n 1. pay to the state the amount by which the state payment actually\nmade exceeds the state payment determined by the recalculation or\n 2. if such additional federal pollution abatement assistance has not\nbeen received by the municipality, authorize the state to receive and\nretain an amount from the federal government equal to the amount to\nwhich it would be entitled under subparagraph 1 hereof.\n 2. In connection with each contract, the commissioner shall keep\nadequate records of the amount of the payment by the state pursuant to\nparagraph b of subdivision one of this section of the amount of federal\nassistance received by the municipality. Such records shall be retained\nby the commissioner and shall establish the basis for recalculation of\nthe state payment as required by paragraph d of subdivision one of this\nsection.\n