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New York Environmental Conservation Law Section 3-0117 - Activities Of Local Governmental Agencies.

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  § 3-0117. Activities of local governmental agencies.
    1.  Activities  of  local  health boards, departments and officers and
  other local government agencies  pertaining  to  functions,  powers  and
  duties  which  were  transferred  pursuant to chapter 140 of the Laws of
  1970, from the Department and Commissioner of Health to  the  Department
  and Commissioner of Environmental Conservation shall be eligible for aid
  under  the  provisions  of titles 1, 2, and 3 of article 6 of the Public
  Health Law to the same extent such activities were eligible for such aid
  if conducted immediately prior to the effective date of chapter  140  of
  the  Laws  of 1970. The Commissioner of Environmental Conservation shall
  exercise the same powers of approval and  supervision  with  respect  to
  such  activities  as  were  exercised  by  the  Commissioner  of  Health
  immediately prior to the effective date of that chapter.
    2.  Counties  and  cities  shall  be  eligible  for  aid   for   other
  environmental  conservation  activities  pertaining to functions, powers
  and duties other than  those  which  were  so  transferred  pursuant  to
  chapter  140  of  the  Laws  of  1970.  Such  other  activities shall be
  described under rules and regulations adopted  pursuant  to  subdivision
  four of this section.
    3.  A  county  or  city  shall  be  eligible for aid whenever it shall
  appropriate or otherwise make funds available and expend monies for  the
  purpose  of  defraying  expenses  incurred  in undertaking environmental
  conservation activities under this section. The appropriations  made  or
  to  be  made  by  the  legislature  for  the purpose of carrying out the
  provisions of this section shall be apportioned and  made  available  by
  the  director  of  the  budget  to  the  Commissioner  of  Environmental
  Conservation. The rate of aid shall be set annually by the  Commissioner
  of   Environmental   Conservation,  provided  however,  that  except  as
  otherwise provided in the public health law, the rate shall  not  exceed
  fifty  percentum of the amount expended annually by a county or city. In
  the  event  that  the  amount  appropriated  by   the   legislature   is
  insufficient  to  make  full  payment of all state aid to which eligible
  counties and cities would otherwise be entitled under this section,  the
  amounts  appropriated  shall be apportioned in proportion to the amounts
  to which such counties and cities would otherwise be entitled.
    4. The Department of Environmental Conservation shall adopt rules  and
  regulations  to  implement  the  provisions of this section, which shall
  include, but not be limited  to  the  establishment  of  the  following:
  information    and    reporting    requirements;   activity,   facility,
  construction, equipment, service, administration  and  work  eligibility
  requirements  and  standards;  department  inspection,  examination  and
  approval procedures; qualifications for persons engaged in environmental
  conservation activities; and minimum criteria  for  the  composition  of
  county  and  city  government bodies that may be authorized to engage in
  activities for which aid may be sought.

Last modified: August 25, 2006