Section 3-0117. Activities of local governmental agencies  


Latest version.
  • 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.