New York Environmental Conservation Law Section 56-0303 - Management programs, plans and projects.

56-0303. Management programs, plans and projects.

1. Of the moneys received by the state from the sale of bonds pursuant to the Clean Water/Clean Air Bond Act of 1996, five hundred twenty-five million dollars ($525,000,000) shall be allocated to water quality improvement projects identified as follows:

(a) Twenty-five million dollars ($25,000,000) shall be available for state assistance payments to municipalities for the cost of water quality improvement projects intended to implement the Hudson River estuary plan as set forth in section 11-0306 of this chapter.

(b) Two hundred million dollars ($200,000,000) shall be available for state assistance payments to municipalities for the cost of water quality improvement projects intended to implement the Long Island Sound comprehensive conservation and management plan developed pursuant to section 320 of the federal clean water act.

(c) Fifteen million dollars ($15,000,000) shall be available for state assistance payments to municipalities for the cost of water quality improvement projects intended to implement the Lake Champlain management plan developed pursuant to the federal Lake Champlain special designation act of 1990.

(d) Seventy-five million dollars ($75,000,000) shall be available for state assistance payments to municipalities for the cost of water quality improvement projects intended to implement the Onondaga Lake plan developed pursuant to the consent order issued by the United States District Court for the Northern District of New York agreed to among Onondaga County, the state of New York, and the Atlantic States Legal Foundation, Inc. Provided, however, that such municipality shall adhere to the construction timetable set forth in said plan and shall provide the department with periodic updates as to the progress of said construction and the prospect of any pilot or demonstration technologies set forth in said plan. The commissioner shall have discretion not to make any disbursement until these conditions have been met to his or her satisfaction and upon the approval of the state comptroller.

(e) Twenty-five million dollars ($25,000,000) shall be available for state assistance payments to municipalities for the cost of water quality improvement projects intended to implement the New York/New Jersey harbor comprehensive conservation and management plan, developed pursuant to section 320 of the federal clean water act.

(f) Twenty-five million dollars ($25,000,000) shall be available for state assistance payments to municipalities for the cost of water quality improvement projects intended to implement the department's great lakes program developed in accordance with the federal great lakes critical programs act of 1990 and the great lakes water quality agreement of 1987, as amended, between the governments of Canada and the United States of America.

(g) Twenty-five million dollars ($25,000,000) shall be available for state assistance payments to municipalities for the cost of water quality improvement projects for the finger lakes and their tributaries which are approved by the secretary of state pursuant to article forty-two of the executive law or by the commissioner.

(h) For state assistance payments for the cost of water quality improvement projects intended for any waters of the state for projects to support a study of groundwater quality in Long Island or open space land conservation projects which have been (a) approved by the commissioner, (b) identified in plans in accordance with section 1455b of the federal coastal zone management act or article forty-two of the executive law and approved by the secretary of state, or (c) developed in accordance with title eleven-b of article two of the soil and water conservation districts law and approved by the state soil and water conservation committee and commissioner of agriculture and markets.

(i) Twenty-five million dollars ($25,000,000) shall be available for the expenses of projects at facilities owned by the state of New York which enhance the quality of the waters of the state by remedying environmental deficiencies or complying with environmental laws and regulations.

(j) Fifty million dollars ($50,000,000) shall be available to municipalities for wastewater treatment improvement projects and the cost of municipal flood control projects in villages, towns, and cities with a population of seventy-five thousand or less.

(k) Thirty million dollars ($30,000,000) shall be available for state assistance payments to municipalities for the cost of water quality improvement projects intended to implement the comprehensive conservation management plan for the peconic estuary developed pursuant to section 320 of the federal clean water act and for the comprehensive management plan for the south shore estuary reserve plan developed pursuant to article forty-six of the executive law.

(l) Thirty million dollars ($30,000,000) shall be available for state assistance payments through the environmental facilities corporation to villages, towns, and cities with a population of less than one million, for environmental compliance assistance projects for businesses which enhance the quality of the waters of the state through compliance with environmental laws and regulations, or to remedy or prevent environmental deficiencies.

(1) The president of the environmental facilities corporation is authorized to provide state assistance payments to villages, towns, and cities with a population less than one million, for implementation of environmental compliance assistance projects which enhance the quality of the waters of the state.

(2) A village, town, and city with a population of less than one million may submit an application to the president, in such form and manner as the president may require, for state assistance payments toward the cost of environmental compliance assistance projects.

(3) Upon receipt of a request for state assistance application, the president shall review and, within ninety days from the receipt of a complete application, may approve, disapprove, or recommend modifications thereto consistent with applicable law criteria, standards, or rules and regulations relative to such projects.

(m) Notwithstanding any provision of law to the contrary, amounts allocated in paragraphs (a), (b), (c), (d), (e), (f) and (g) of this subdivision may be interchanged between such paragraphs and may be interchanged to amounts allocated in paragraph (h) of this subdivision.

2. At least three wastewater treatment improvement projects funded pursuant to this title shall be projects designed to refine innovative technologies for use in the physical environment of New York state and serve as a catalyst for technology transfer. Such technologies may include, but shall not be limited to, technologies that reduce the amount and toxicity of sewage sludge and effluent; increase reliability and cost efficiency; reduce energy consumption; or achieve more reliable pathogen destruction.


Last modified: February 3, 2019