§ 17-1909. Water pollution control revolving fund agreements.\n 1. As used in this section:\n a. "Allocation" means the amount of moneys allocated to reduce a\nmunicipality's or group of municipalities' total financing costs for one\nor more eligible projects.\n b. "Construction" means the erection, building, acquisition,\nalteration, reconstruction, improvement, enlargement or extension of an\neligible project; the inspection and supervision thereof; and the\nengineering, architectural, legal, fiscal, and economic investigations\nand studies, surveys, designs, plans, working drawings, specifications,\nprocedures, and other actions necessary thereto.\n c. "Corporation" means the New York state environmental facilities\ncorporation, continued pursuant to section twelve hundred eighty-two of\nthe public authorities law, or any successor thereto.\n d. "Eligible project" means a project for construction of a facility\nwhich would be eligible for financing under the Federal Water Pollution\nControl Act:\n (i) for which all required federal and state permits have been issued;\nand\n (ii) which the commissioner has determined:\n (a) is in accord with applicable comprehensive studies and reports\nmade pursuant to sections 17-0303 and 17-1901 of this article; and\n (b) is necessary for the accomplishment of the state water pollution\ncontrol program formulated pursuant to sections 17-0303 and 17-1901 of\nthis article; and\n (c) represents a reasonable effort to develop economic viability in\nplanning, design and construction; and\n (d) is a project for which financial assistance is available from the\nfund; and\n (e) conforms with applicable rules and regulations of the department,\nincluding a demonstration that design and construction consider future\nphysical climate risk due to sea level rise, and/or storm surges and/or\nflooding, based on available data predicting the likelihood of future\nextreme weather events, including hazard risk analysis data if\napplicable; and\n (f) includes consideration of county-wide or regional wastewater\nplanning.\n e. "Financial assistance to a municipality" has the same meaning as\nset forth in subdivision four of section twelve hundred eighty-five-j of\nthe public authorities law.\n f. "Fund" means the water pollution control revolving fund established\nunder section twelve hundred eighty-five-j of the public authorities\nlaw.\n g. "Intended use plan" means the plan prepared pursuant to subdivision\ntwo of this section, identifying the intended uses of the amounts\navailable in the fund, including but not limited to: (i) a list of those\nprojects for construction of publicly owned treatment works on the\npriority list developed pursuant to subdivision two of this section;\n(ii) a list of projects developed pursuant to subdivision two of this\nsection anticipated to be financed by the fund through the water\npollution control linked deposit program; (iii) a description of the\nshort and long term goals and objectives of the fund; (iv) information\non the activities to be supported, including a description of project\ncategories, discharge requirements under the Federal Water Pollution\nControl Act, terms of financial assistance, and eligible borrowers\npursuant to the water pollution control linked deposit program served;\n(v) the criteria and method established for the distribution of funds;\nand (vi) the amount of moneys from the fund, not to exceed ten million\ndollars annually, to be made available for linked loans under the water\npollution control linked deposit program during the period covered by\nsuch intended use plan.\n h. "Municipality" means any county, city, town, village, district\ncorporation, county or town improvement district, school district,\nIndian reservation wholly within New York state, any public benefit\ncorporation or public authority established pursuant to the laws of New\nYork or any agency of New York state which is empowered to construct and\noperat
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