Section 52-0303. Contracts with municipalities


Latest version.
  • With  respect  to  a  project  which  the  commissioner has determined
      pursuant to paragraph g of subdivision five of section 27-1313  of  this
      chapter  to be eligible for funding, funding by the state shall be up to
      an  amount  of  seventy-five  percent  of  the  eligible  cost  and  the
      commissioner  and the municipality shall enter into a contract which, in
      addition to such other terms and conditions that  the  commissioner  may
      deem to be appropriate, provides as follows:
        1.  The  current  estimate of the cost of the project as determined by
      the commissioner at the time of execution of the agreement.
        2. An agreement by the  commissioner  to  periodically  reimburse  the
      municipality  for  costs  incurred  during  the progress of the project.
      Such payments shall be subject to final computation and determination of
      the total state share of the eligible costs of the entire project.
        3. An agreement by the municipality to proceed expeditiously with  and
      complete  the  project  in accordance with plans approved for payment of
      the municipality's share of the project cost.
        4. A provision that  in  the  event  that  any  federal  payments  and
      responsible  party  payments become available which were not included in
      the calculation of the state share pursuant to subdivision two  of  this
      section, the amount of the state share shall be recalculated accordingly
      and  the  municipality  shall pay to the state for deposit in the design
      and  construction  account  of  the  hazardous   waste   remedial   fund
      established  under  section  ninety-seven-b of the state finance law the
      amount by which the state payment actually made exceeds the recalculated
      state share.
        5. For purposes of this section, the term "eligible  cost"  means  the
      non-federal  share  of  the approved project cost less amounts collected
      from responsible parties as contemplated by title  thirteen  of  article
      twenty-seven of this chapter.