Section 56-0503. Environmental restoration projects; state assistance

1.  The  commissioner may enter into a contract with a municipality to
  provide  state  assistance  to  such  municipality   to   undertake   an
  environmental  restoration  project.  The  amount  of  state  assistance
  payment for such project shall be up to an amount of:
    (a) ninety percent of the eligible costs of such project,  subject  to
  the provisions set forth in paragraph (b) of this subdivision;
    (b)  one  hundred  percent  of  the  eligible costs of any remediation
  directed by the department to be undertaken outside  the  boundaries  of
  the  real  property  that  is  subject  to  an environmental restoration
  project approved by the department.
    2.  In  addition  to  such  other  terms  and  conditions   that   the
  commissioner  may  deem  to  be  appropriate,  a  contract authorized by
  subdivision one of this section shall provide as follows:
    (a) An estimate of the cost of  such  project  as  determined  by  the
  commissioner at the time of such contract's execution;
    (b)  An  agreement  by  the commissioner to periodically reimburse the
  municipality for eligible costs incurred during  the  progress  of  such
  project.  Such  payments  shall  be  subject  to  final  computation and
  determination of the total state assistance share of the eligible  costs
  of the entire environmental restoration project;
    (c)  A provision that if, in accordance with the required departmental
  approval of any settlement with a  responsible  party,  any  responsible
  party  payments  become available to the municipality, before, during or
  after the completion of an environmental restoration project, which were
  not included when the  state  share  was  calculated  pursuant  to  this
  section,  the  state  assistance  share  shall  be recalculated, and the
  municipality shall pay to the state, for deposit into the  environmental
  restoration  project  account  of  the  hazardous  waste  remedial  fund
  established under section ninety-seven-b of the state finance  law,  the
  difference  between  the  original  state  assistance  payment  and  the
  recalculated state share. Recalculation of the state share shall be done
  each time a  payment  from  a  responsible  party  is  received  by  the
  municipality;
    (d)  A  provision  that if any monies received from the disposition of
  the real property subject to an environmental restoration project exceed
  the municipality's cost of such property, including taxes  owed  to  the
  municipality  upon  acquisition,  and  the  municipality's  cost  of the
  environmental restoration project, the amount of such  excess  necessary
  to  reimburse the state of New York for the state assistance provided to
  the municipality under this title shall be paid to the state of New York
  for deposit into the environmental restoration project  account  of  the
  hazardous  waste  remedial fund established under section ninety-seven-b
  of the state finance law;
    (e) An agreement by the municipality to proceed expeditiously with and
  complete such project in accordance with plans approved for  payment  of
  the municipality's share of such project's cost;
    (f)  An  agreement  by  the  municipality  that  it  shall prepare and
  implement a public  participation  plan  for  environmental  restoration
  projects undertaken pursuant to this title. The requirements of the plan
  shall  be  governed  by  decision  of  the  municipality to proceed with
  remediation of the property under this title.  However,  in  all  cases,
  implementation of the plan shall be completed as part of the project. In
  those  cases  where  the  municipality  does  not intend to proceed with
  remediation  of  the  property,  the  plan  shall  provide  timely   and
  accessible  disclosure  of  the  results  of  the  investigation  to the
  interested public. The plan shall provide for adequate public notice  of
  the  availability  of  the  investigation  results;  an  opportunity for

  submission of written comments; and a filing of a notice of the  results
  of the investigation as authorized by subdivision three of section three
  hundred  sixteen-b  of  the  real  property  law. Where the municipality
  intends  to  proceed  with remediation of the property under this title,
  the plan shall provide opportunities for early, inclusive  participation
  prior  to  the  selection  of  a  preferred course of action, facilitate
  communication,  including   dialogue   among   the   municipality,   the
  department, and the interested public, and provide timely and accessible
  disclosure  of  information.  At a minimum, the design of the plan shall
  take into account the scope and  scale  of  the  proposed  environmental
  restoration  remediation  project,  local  interest,  and other relevant
  factors. The plan shall also provide for: adequate public notice of  the
  availability  of  a  draft  remedial  plan;  a forty-five day period for
  submission of written  comments;  a  public  meeting  on  such  plan  if
  substantive  issues are raised by members of the affected community; and
  technical  assistance  if  so  requested  by  members  of  the  affected
  community.  Provided, however, that the requirements of this subdivision
  shall not apply to interim remedial measures undertaken as  part  of  an
  environmental  restoration project to address emergency site conditions.
  In such instance,  the  department  or  such  persons  implementing  the
  interim  remedial  measure  or  making  the request shall conduct public
  participation  activities  as  the  department   deems   necessary   and
  appropriate under such circumstances.
    (g)  An agreement by the municipality that it shall put into place any
  engineering  and/or  institutional  controls  (including   environmental
  easements  pursuant  to  title thirty-six of article seventy-one of this
  chapter)  that  the  department  may  deem  necessary   to   allow   the
  contemplated  use to proceed, that such engineering and/or institutional
  controls shall be binding on such municipality, any successor in  title,
  and  any lessees and that any successors in title and any lessees cannot
  challenge state enforcement of such controls;
    (h) In the event that such engineering controls  and/or  institutional
  controls are necessary, the municipality shall develop a plan consistent
  with the requirements set forth in section 27-1415 of this chapter. Such
  plan  shall be approved by the department. Failure to implement the plan
  or maintain such controls shall constitute a violation of such  contract
  and  shall  terminate  for  the  duration of such failure the protection
  afforded under subdivision one of section 56-0509 of this title;
    (i) In the event that an easement is required, such municipality shall
  cause such easement to be recorded and indexed in  accordance  with  the
  requirements  set  forth  in  title thirty-six of article seventy-one of
  this chapter; and
    (j) A provision that exempts a municipality and any successor in title
  from the requirement to obtain  any  state  or  local  permit  or  other
  authorization  for  any  activity  needed  to  implement  a  project  to
  investigate or remediate contamination pursuant to this title;  provided
  that  the  activity  is  conducted  in  a  manner  which  satisfies  all
  substantive technical requirements applicable to like activity conducted
  pursuant to a permit.