§ 51-0505. Appoval of projects.

Terms Used In N.Y. Environmental Conservation Law 51-0505

  • Commissioner: shall mean the commissioner of environmental conservation except that within and for the purposes of title eleven of this article, the commissioner of parks and recreation. See N.Y. Environmental Conservation Law 51-0101
  • Contract: A legal written agreement that becomes binding when signed.

1. Air quality improvement projects shall be undertaken pursuant to this title only with the approval of the commissioner, and in the case of municipal projects, pursuant to an approved contract for state assistance.

2. In reviewing projects, the commissioner shall give due consideration to:

a. the urgency of the need for upgrading to meet ambient air quality standards;

b. the age and condition of the incinerator, furnace or boiler;

c. the economic feasibility of upgrading;

d. expected increased efficiency;

e. expected life of any public facility associated with the incinerator, furnace, or boiler;

f. the reduction in air contaminants required to bring the incinerator, furnace, or boiler emissions into compliance with the applicable air quality standards.

g. in the case of a project defined in paragraph b of subdivision one of section 51-0503 of this title, the matters required to be taken into account under sections 51-0905 and 51-0907 of this article.

3. The state share of the cost of a municipal air quality improvement project shall not exceed fifty (50) percent of the cost thereof.