§ 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 comm
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