§ 51-0507. Contracts for municipal air quality improvement projects.\n 1. The commissioner, in the name of the state, may enter into\ncontracts with municipalities to undertake air quality improvement\nprojects, and any such municipality may enter into a contract with the\ncommissioner. Any such contract may include such provisions as may be\nagreed upon by the parties thereto, and shall include, in substance, the\nfollowing provisions:\n a. An estimate of the reasonable cost of the project as determined by\nthe commissioner;\n b. An agreement by the commissioner to pay to the municipality, during\nthe progress of construction or following completion of construction as\nmay be agreed upon by the parties, an amount, not to exceed 50 percent\nof the cost of the project;\n c. An agreement by the municipality\n (1) to proceed expeditiously with, and complete, the project as\napproved by the commissioner,\n (2) to operate and maintain the upgraded incinerator, furnace, or\nboiler in accordance with applicable law and rules and regulations, and,\nin the case of a project defined in paragraph b of subdivision one of\nsection 51-0503 of this title, the agreement shall include the\nprovisions contemplated by paragraph c of subdivision one of section\n51-0907 of this article,\n (3) to apply for and make reasonable efforts to secure federal\nassistance, if any, for the project,\n (4) to secure the approval of the commissioner before applying for\nsuch federal assistance, in order to maximize the amounts of such\nassistance received or to be received for all projects in New York\nstate,\n (5) 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 assistance which was\nnot included in the calculation of the state payment becomes available\nto the municipality, the amount of the state payment shall be\nrecalculated with the inclusion of such federal assistance and the\nmunicipality shall pay to the state the amount by which the state\npayment actually made exceeds the state payment determined by the\nrecalculation.\n 2. In connection with each contract, the commissioner shall keep\nadequate records of the amount of the payment by the state and of the\namount of federal assistance, if any, received by the municipality.\nSuch records shall be retained by the commissioner and shall establish\nthe basis for recalculation of the state payment as required herein.\n
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