§ 56-0305 — Application procedure

§ 56-0305. Application procedure.\n 1. Any municipality or soil and water conservation district may make\nan application for such state assistance payment, in a manner, form, and\ntime frame and containing such information as the respective\ncommissioner, the president of the environmental facilities corporation\nor the secretary of state may require. Subject to the provisions of\nsection thirty-two of the chapter of the laws of 1996 which added this\nsection, the respective commissioner, the president of the environmental\nfacilities corporation or the secretary of state shall review such\napplication and may approve, disapprove, or recommend modifications\nthereto consistent with applicable law, criteria, standards, or rules\nand regulations relative to such projects.\n 2. In reviewing such applications for eligibility, the respective\ncommissioner, the president of the environmental facilities corporation\nor the secretary of state shall give due consideration to:\n (a) the suitability and feasibility of the project in relation to the\ngoals of the applicable program or plan;\n (b) the priority of the project in relationship to other projects\nproposed under the same program or plan. Highest priority shall be\ngranted to projects which will provide the greatest reduction in\npollutants or most significant habitat improvement. For water quality\nimprovement projects which have been developed with the assistance of,\nor by any other state agencies, the respective commissioner, the\npresident of the environmental facilities corporation or secretary of\nstate shall be consulted with when determining the priority of the\nproject;\n (c) the availability of matching funds on the part of the municipality\nor the soil and water conservation district to finance the\nmunicipality's or soil and water conservation district's share of the\nproject cost. In submitting the application, the municipality or soil\nand water conservation district shall submit proof to the satisfaction\nof the respective commissioner, the president of the environmental\nfacilities corporation or secretary of state of the availability of such\nmatching funds; and\n (d) the urgency of the need to provide state assistance payments for\nthe project in relation to the availability of other funding sources and\nthe municipality's or soil and water conservation district's ability to\nfinance such project based on the availability of other moneys including\nfederal funds.\n 3. Upon approval of an application for such assistance payment, the\nrespective commissioner, the president of the environmental facilities\ncorporation or the secretary of state and the municipality or soil and\nwater conservation district shall enter into a contract for such payment\ntoward the cost of the approved project which shall include the\nfollowing provisions:\n (a) A current estimate of the cost of the project as determined by the\nrespective commissioner, the president of the environmental facilities\ncorporation or the secretary of state at the time of the execution of\nthe contract and a specific timetable for progress and completion of the\nproject;\n (b) An agreement by the respective commissioner, the president of the\nenvironmental facilities corporation or secretary of state to make state\nassistance payments toward the cost of the project by periodically\nreimbursing the municipality or soil and water conservation district for\ncosts incurred during the progress of the project to the maximum agreed\nupon state share. Such costs are subject to final computation and\ndetermination by the respective commissioner, the president of the\nenvironmental facilities corporation or secretary of state upon\ncompletion of the project; and\n (c) An agreement by the municipality or soil and water conservation\ndistrict to proceed expeditiously with the project and to complete the\nproject in accordance with the timetable set out in the contract as so\napproved by the respective department or authority and with the\nconditions of applicable permits, administrative orders, or judicial\norders. A finding by the respective commissioner, the president of the\nenvironmental facilities corporation or secretary of state that the\nmunicipality or soil and water conservation district has not met the\nconditions of the contract in good faith shall constitute a material\nbreach of the contract.\n