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SECTION 17-1901
Comprehensive studies and reports: definitions; state aid; powers and duties of the commissioner; powers of the municipalities
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 17, TITLE 19
§ 17-1901. Comprehensive studies and reports: definitions; state aid;

powers and duties of the commissioner; powers of the


1. As used in this section:

a. "Comprehensive study and report" means an engineering study for the
development of economical projects for the present and future
collection, treatment and disposal of sewage for one or more
municipalities or any portion thereof. Such study shall contain such
information as may be determined by the commissioner, including, but not
limited to, the determination of the economical service area or
administrative area for sewage works projects; cost estimates covering
construction, engineering, legal and other services, land acquisition,
and contingencies; proposed method of financing; preparation of
estimates of first costs and total annual costs for the construction,
and operation and maintenance of the recommended facilities; basic data
such as general plan for sewage treatment plant site, flow, size and
capacity of proposed units, and location, size or capacity of main trunk
sewers, subtrunks, pumping stations, force mains, and outfalls; basic
information so that sewage works and sewerage systems may be enlarged
economically to serve future areas and population; and development of
major alternative solutions. Such study shall not provide for minor
sewer extensions or for sewer plans for small subdivisions or small
areas, and shall not include the preparation of detail design and
engineering drawings, specifications, and contract documents.

b. "Municipality" means county, city, town or village, or any
designated agency thereof.

c. "Governing body" means in a county, the county legislative body; in
a city, the board of aldermen, a common council, commission or other
body vested by its charter or other law with jurisdiction to enact
ordinances or local laws, except that in a city having a population of
one million or more, if there be a board of estimate, the term
"governing body" shall mean such board of estimate; in a town, the town
board; and, in a village, the board of trustees.

d. "Agency" means the department, bureau, commission, board, division,
agency, public benefit corporation, or committee of any municipality or
municipalities, designated by the governing body of such municipality,
or by the governing body of each participating municipality in the case
of a joint undertaking, to conduct and develop comprehensive studies and

2. The commissioner may, in the name of the state, make or contract to
make, within appropriations therefor, a state grant, for payment during
any of the ten successive fiscal years of the state beginning with its
fiscal year commencing April 1, 1972, to any municipality, or to two or
more municipalities jointly, to cover the entire cost, as determined and
approved by the commissioner, of the preparation or updating of a
comprehensive study and report for the present and future collection,
treatment, and disposal of sewage in such municipality or

3. In administering and enforcing the provisions of this section, the
commissioner shall:

a. Make an estimate of the funds or appropriations for inclusion
annually in the executive budget;

b. Receive applications for state aid in such form and containing such
information as he may require;

c. Qualify municipalities for state aid and advise them of such

d. Approve the area and scope of any comprehensive study prior to its

e. Approve the person or firm selected by the municipality to perform
necessary consulting services for the comprehensive study and reports;

f. Approve the report prior to final payment;

g. Execute contracts for the services of consulting engineers
necessary for such study jointly with the municipality or municipalities
requesting state aid therefor;

h. Approve the amount of compensation to be paid for such engineering
services and the method of determining such compensation, provided,
however, that such compensation shall not be computed on a per diem or
percentage of estimated costs basis;

i. Approve vouchers for payment of state aid grants;

j. Perform such other and further acts and promulgate such rules and
regulations, pursuant to subdivision 2 of section 17-0303, as may be
necessary, proper or desirable to carry out effectively the provisions
of this section.

4. Any municipality, or municipalities acting jointly, may:

a. Apply to and contract with the commissioner for state aid pursuant
to this section;

b. Select, subject to the commissioner's approval, the person or firm
to perform necessary consulting engineering services for a comprehensive
study and report, and enter into contracts for such services, provided,
however, that the commissioner shall also be a party to any such

c. Expend money received from the state pursuant to this section only
for purposes consistent with this section.