§ 11-B — Agricultural nonpoint source abatement and control projects

New York § 11-B

• Jurisdiction: New York
• Law SWC: Soil & Water Conservation Districts
• Art. 2: State Soil and Water Conservation Committee, Soil and Water Conservation Districts, and Other Functions

Text

§ 11-b. Agricultural nonpoint source abatement and control projects.\n1. Subject to the availability of funds appropriated therefor, a\nmatching grant program is established to fund agricultural nonpoint\nsource abatement and control projects that meet the following criteria:\n a. the project must consist of activities or plans which will\nidentify, reduce, abate, control or prevent nonpoint source pollution\noriginating from agricultural sources;\n b. the project must be proposed for implementation by a district or\ngroup of districts acting jointly;\n c. the project must identify agricultural nonpoint sources of\npollution or propose to implement best management practices, as defined\nin section three of this chapter; and\n d. the district or districts must have funds available to pay for its\nshare of the eligible project costs.\n 2. Applications for matching grants shall contain the following\ninformation:\n a. the name and location of the water body and the nonpoint source\nproblem to be addressed;\n b. identification of the best management practices to be implemented,\nif applicable;\n c. a cost estimate for the proposed project;\n d. the source of funds available to the district to pay for its share\nof the eligible costs;\n e. information sufficient to demonstrate that the criteria in\nsubdivision one of this section have been met; and\n f. such further information as may be required by the committee\nthrough regulations.\n 3. In awarding grants the committee shall give preference to those\nprojects located in priority water bodies identified pursuant to section\n17-1407 of the environmental conservation law. The committee shall also\ngive preference to projects proposed to promote participation or further\nthe priorities of the agricultural environmental management (AEM)\nprogram as set forth in article eleven-A of the agriculture and markets\nlaw.\n 4. Eligible costs that may be funded pursuant to this section are\narchitectural and engineering services, plans and specifications,\nincluding watershed based or individual agricultural nonpoint source\npollution assessments, consultant and legal services, conservation\neasements and associated transaction costs specific to title\nthirty-three of article fifteen of the environmental conservation law\nand other direct expenses related to project implementation.\n 5. State assistance payments pursuant to this section shall be up to a\nmaximum of seventy-five percent of the eligible costs, as determined\npursuant to subdivision four of section 17-1409 of the environmental\nconservation law, for any specified project. Such maximum shall be\nincreased by a percentage equal to the percentage of the total eligible\ncosts for such specified projects that are contributed by the owner or\noperator of agricultural land upon which such specified project is being\nconducted, provided, however, that in no event shall the total of such\nstate assistance payments exceed eighty-seven and one-half percent of\nsuch eligible costs for any specified project.\n 6. The committee may adopt rules and regulations necessary to\neffectuate the purposes of this section.\n 7. Notwithstanding any other provision of law, a concentrated animal\nfeeding operation permitted pursuant to title seven or eight of article\nseventeen of the environmental conservation law shall be treated as a\nnonpoint source for purposes of qualifying for funding pursuant to this\nsection.\n