Section 56-0305. Application procedure

1.  Any  municipality or soil and water conservation district may make
  an application for such state assistance payment, in a manner, form, and
  time  frame  and  containing  such   information   as   the   respective
  commissioner,  the president of the environmental facilities corporation
  or the secretary of state may require.   Subject to  the  provisions  of
  section  thirty-two  of the chapter of the laws of 1996 which added this
  section, the respective commissioner, the president of the environmental
  facilities corporation or the  secretary  of  state  shall  review  such
  application  and  may  approve,  disapprove,  or recommend modifications
  thereto consistent with applicable law, criteria,  standards,  or  rules
  and regulations relative to such projects.
    2.    In  reviewing  such applications for eligibility, the respective
  commissioner, the president of the environmental facilities  corporation
  or the secretary of state shall give due consideration to:
    (a)  the suitability and feasibility of the project in relation to the
  goals of the applicable program or plan;
    (b) the priority of the project  in  relationship  to  other  projects
  proposed  under  the  same  program or plan.   Highest priority shall be
  granted to  projects  which  will  provide  the  greatest  reduction  in
  pollutants  or  most significant habitat improvement.  For water quality
  improvement projects which have been developed with the  assistance  of,
  or  by  any  other  state  agencies,  the  respective  commissioner, the
  president of the environmental facilities corporation  or  secretary  of
  state  shall  be  consulted  with  when  determining the priority of the
  project;
    (c) the availability of matching funds on the part of the municipality
  or  the  soil  and  water   conservation   district   to   finance   the
  municipality's  or  soil  and water conservation district's share of the
  project cost.  In submitting the application, the municipality  or  soil
  and  water  conservation district shall submit proof to the satisfaction
  of the respective  commissioner,  the  president  of  the  environmental
  facilities corporation or secretary of state of the availability of such
  matching funds; and
    (d)  the  urgency of the need to provide state assistance payments for
  the project in relation to the availability of other funding sources and
  the municipality's or soil and water conservation district's ability  to
  finance such project based on the availability of other moneys including
  federal funds.
    3.  Upon  approval  of an application for such assistance payment, the
  respective commissioner, the president of the  environmental  facilities
  corporation  or  the secretary of state and the municipality or soil and
  water conservation district shall enter into a contract for such payment
  toward the  cost  of  the  approved  project  which  shall  include  the
  following provisions:
    (a) A current estimate of the cost of the project as determined by the
  respective  commissioner,  the president of the environmental facilities
  corporation or the secretary of state at the time of  the  execution  of
  the contract and a specific timetable for progress and completion of the
  project;
    (b)  An agreement by the respective commissioner, the president of the
  environmental facilities corporation or secretary of state to make state
  assistance payments toward the  cost  of  the  project  by  periodically
  reimbursing the municipality or soil and water conservation district for
  costs  incurred during the progress of the project to the maximum agreed
  upon state share.   Such costs are  subject  to  final  computation  and
  determination  by  the  respective  commissioner,  the  president of the

  environmental  facilities  corporation  or  secretary  of   state   upon
  completion of the project; and
    (c)  An  agreement  by the municipality or soil and water conservation
  district to proceed expeditiously with the project and to  complete  the
  project  in  accordance with the timetable set out in the contract as so
  approved  by  the  respective  department  or  authority  and  with  the
  conditions  of  applicable  permits,  administrative orders, or judicial
  orders.  A finding by the respective commissioner, the president of  the
  environmental  facilities  corporation  or  secretary  of state that the
  municipality or soil and water conservation district  has  not  met  the
  conditions  of  the  contract  in good faith shall constitute a material
  breach of the contract.