New York Environmental Conservation Code § 52-0303

Contracts with municipalities
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§ 52-0303. Contracts with municipalities.\n  With respect to a project which the commissioner has determined\npursuant to paragraph g of subdivision five of section 27-1313 of this\nchapter to be eligible for funding, funding by the state shall be up to\nan amount of seventy-five percent of the eligible cost and the\ncommissioner and the municipality shall enter into a contract which, in\naddition to such other terms and conditions that the commissioner may\ndeem to be appropriate, provides as follows:\n  1. The current estimate of the cost of the project as determined by\nthe commissioner at the time of execution of the agreement.\n  2. An agreement by the commissioner to periodically reimburse the\nmunicipality for costs incurred during the progress of the project.\nSuch payments shall be subject to final computation and determination of\nthe total state share of the eligible costs of the entire project.\n  3. An agreement by the municipality to proceed expeditiously with and\ncomplete the project in accordance with plans approved for payment of\nthe municipality's share of the project cost.\n  4. A provision that in the event that any federal payments and\nresponsible party payments become available which were not included in\nthe calculation of the state share pursuant to subdivision two of this\nsection, the amount of the state share shall be recalculated accordingly\nand the municipality shall pay to the state for deposit in the design\nand construction account of the hazardous waste remedial fund\nestablished under section ninety-seven-b of the state finance law the\namount by which the state payment actually made exceeds the recalculated\nstate share.\n  5. For purposes of this section, the term "eligible cost" means the\nnon-federal share of the approved project cost less amounts collected\nfrom responsible parties as contemplated by title thirteen of article\ntwenty-seven of this chapter.\n

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