§ 56-0503 — Environmental restoration projects; state assistance

§ 56-0503. Environmental restoration projects; state assistance.\n 1. The commissioner may enter into a contract with a municipality to\nprovide state assistance to such municipality to undertake an\nenvironmental restoration project. The amount of state assistance\npayment for such project shall be up to an amount of:\n (a) ninety percent of the eligible costs of such project, subject to\nthe provisions set forth in paragraph (b) of this subdivision;\n (b) one hundred percent of the eligible costs of any remediation\ndirected by the department to be undertaken outside the boundaries of\nthe real property that is subject to an environmental restoration\nproject approved by the department.\n 2. In addition to such other terms and conditions that the\ncommissioner may deem to be appropriate, a contract authorized by\nsubdivision one of this section shall provide as follows:\n (a) An estimate of the cost of such project as determined by the\ncommissioner at the time of such contract's execution;\n (b) An agreement by the commissioner to periodically reimburse the\nmunicipality for eligible costs incurred during the progress of such\nproject. Such payments shall be subject to final computation and\ndetermination of the total state assistance share of the eligible costs\nof the entire environmental restoration project;\n (c) A provision that the municipality shall assist in identifying a\nresponsible party by searching local records, including property tax\nrolls, or document reviews, and if, in accordance with the required\ndepartmental approval of any settlement with a responsible party, any\nresponsible party payments become available to the municipality, before,\nduring or after the completion of an environmental restoration project,\nwhich were not included when the state share was calculated pursuant to\nthis section, the state assistance share shall be recalculated, and the\nmunicipality shall pay to the state, for deposit into the environmental\nrestoration project account of the hazardous waste remedial fund\nestablished under section ninety-seven-b of the state finance law, the\ndifference between the original state assistance payment and the\nrecalculated state share. Recalculation of the state share shall be done\neach time a payment from a responsible party is received by the\nmunicipality;\n (d) A provision that if any monies received from the disposition of\nthe real property subject to an environmental restoration project exceed\nthe municipality's cost of such property, including taxes owed to the\nmunicipality upon acquisition, and the municipality's cost of the\nenvironmental restoration project, the amount of such excess necessary\nto reimburse the state of New York for the state assistance provided to\nthe municipality under this title shall be paid to the state of New York\nfor deposit into the environmental restoration project account of the\nhazardous waste remedial fund established under section ninety-seven-b\nof the state finance law;\n (e) An agreement by the municipality to proceed expeditiously with and\ncomplete such project in accordance with plans approved for payment of\nthe municipality's share of such project's cost;\n (f) An agreement by the municipality that it shall prepare and\nimplement a public participation plan for environmental restoration\nprojects undertaken pursuant to this title. The requirements of the plan\nshall be governed by decision of the municipality to proceed with\nremediation of the property under this title. However, in all cases,\nimplementation of the plan shall be completed as part of the project. In\nthose cases where the municipality does not intend to proceed with\nremediation of the property, the plan shall provide timely and\naccessible disclosure of the results of the investigation to the\ninterested public. The plan shall provide for adequate public notice of\nthe availability of the investigation results; an opportunity for\nsubmission of written comments; and a filing of a notice of the results\nof the investigation as authorized by subdivision three of section three\nhundred sixteen-b of the real property law. Where the municipality\nintends to proceed with remediation of the property under this title,\nthe plan shall provide opportunities for early, inclusive participation\nprior to the selection of a preferred course of action, facilitate\ncommunication, including dialogue among the municipality, the\ndepartment, and the interested public, and provide timely and accessible\ndisclosure of information. At a minimum, the design of the plan shall\ntake into account the scope and scale of the proposed environmental\nrestoration remediation project, local interest, and other relevant\nfactors. The plan shall also provide for: adequate public notice of the\navailability of a draft remedial plan; a forty-five day period for\nsubmission of written comments; a public meeting on such plan if\nsubstantive issues are raised by members of the affected community; and\ntechnical assistance if so requested by members of the affected\ncommunity. Provided, however, that the requirements of this subdivision\nshall not apply to interim remedial measures undertaken as part of an\nenvironmental restoration project to address emergency site conditions.\nIn such instance, the department or such persons implementing the\ninterim remedial measure or making the request shall conduct public\nparticipation activities as the department deems necessary and\nappropriate under such circumstances.\n (g) An agreement by the municipality that it shall put into place any\nengineering and/or institutional controls (including environmental\neasements pursuant to title thirty-six of article seventy-one of this\nchapter) that the department may deem necessary to allow the\ncontemplated use to proceed, that such engineering and/or institutional\ncontrols shall be binding on such municipality, any successor in title,\nand any lessees and that any successors in title and any lessees cannot\nchallenge state enforcement of such controls;\n (h) In the event that such engineering controls and/or institutional\ncontrols are necessary, the municipality shall develop a plan consistent\nwith the requirements set forth in section 27-1415 of this chapter. Such\nplan shall be approved by the department. Failure to implement the plan\nor maintain such controls shall constitute a violation of such contract\nand shall terminate for the duration of such failure the protection\nafforded under subdivision one of section 56-0509 of this title;\n (i) In the event that an easement is required, such municipality shall\ncause such easement to be recorded and indexed in accordance with the\nrequirements set forth in title thirty-six of article seventy-one of\nthis chapter; and\n (j) A provision that exempts a municipality and any successor in title\nfrom the requirement to obtain any state or local permit or other\nauthorization for any activity needed to implement a project to\ninvestigate or remediate contamination pursuant to this title; provided\nthat the activity is conducted in a manner which satisfies all\nsubstantive technical requirements applicable to like activity conducted\npursuant to a permit.\n 3. The department may undertake an environmental restoration project\non behalf of a municipality upon request. If the department undertakes\nthe project on behalf of the municipality, the state shall enter into a\nwritten agreement with the municipality and the agreement shall require\nthe municipality to periodically provide its share to the state for\ncosts incurred during the progress of such project. The municipality's\nshare shall be the same as would be required under subdivision one of\nthis section. The agreement shall include all provisions specified in\nsubdivision two of this section as appropriate.\n