56-0305 - Application procedure.

§ 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 theenvironmental  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.