1. Land acquisition projects for source water protection may be
undertaken pursuant to the provisions of this article and other
applicable provisions of law only with the approval of the commissioner.
2. The commissioner shall review such project application and may
approve, disapprove or recommend modifications thereto consistent with
applicable law, criteria, standards or rules and regulations relative to
such projects. In reviewing applications for projects pursuant to this
section, the commissioner shall give due consideration to:
a. the project's contribution to the protection of drinking water
supplies;
b. the presence of a water plan, including a source water
assessment/protection plan or other similar plan which identifies
measures to reduce threats to drinking water sources and priorities for
land acquisition projects; and,
c. financial need or hardship.
3. All land acquisition projects shall be undertaken in the state of
New York. The total amount of the state assistance payments toward the
cost of any such project shall be set forth in any request for proposal
issued to solicit projects and will in no event exceed seventy-five
percent of the cost.
For the purpose of determining the amount of the state assistance
payments, the cost of the project shall not be more than the amount set
forth in the application for state assistance payments approved by the
commissioner. The state assistance payments toward the cost of a project
shall be paid on audit and warrant of the state comptroller on a
certificate of availability of the director of the budget.
4. a. The commissioner and a municipality may enter into a contract
for the undertaking by the municipality of a source water protection
project. Such project shall be recommended to the commissioner by the
governing body of the municipality and, when approved by the
commissioner, may be undertaken by the municipality pursuant to this
title and any other applicable provision of law.
b. The commissioner and a not-for-profit corporation may enter into a
contract for the undertaking by the not-for-profit corporation of a
source water protection project. Such a project shall be recommended to
the commissioner by the governing body of a not-for-profit corporation
which demonstrates to the satisfaction of the commissioner that it is
capable of operating and maintaining such property for the benefit of
drinking water and/or water quality protection. Upon approval by the
commissioner, such project may be undertaken pursuant to the provisions
of this title and any other applicable provision of law.
5. No monies shall be expended for source water protection land
acquisition projects except pursuant to an appropriation therefor.