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This entry was published on 2014-09-22
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SECTION 3-0117
Activities of local governmental agencies
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 3, TITLE 1
§ 3-0117. Activities of local governmental agencies.

1. Activities of local health boards, departments and officers and
other local government agencies pertaining to functions, powers and
duties which were transferred pursuant to chapter 140 of the Laws of
1970, from the Department and Commissioner of Health to the Department
and Commissioner of Environmental Conservation shall be eligible for aid
under the provisions of titles 1, 2, and 3 of article 6 of the Public
Health Law to the same extent such activities were eligible for such aid
if conducted immediately prior to the effective date of chapter 140 of
the Laws of 1970. The Commissioner of Environmental Conservation shall
exercise the same powers of approval and supervision with respect to
such activities as were exercised by the Commissioner of Health
immediately prior to the effective date of that chapter.

2. Counties and cities shall be eligible for aid for other
environmental conservation activities pertaining to functions, powers
and duties other than those which were so transferred pursuant to
chapter 140 of the Laws of 1970. Such other activities shall be
described under rules and regulations adopted pursuant to subdivision
four of this section.

3. A county or city shall be eligible for aid whenever it shall
appropriate or otherwise make funds available and expend monies for the
purpose of defraying expenses incurred in undertaking environmental
conservation activities under this section. The appropriations made or
to be made by the legislature for the purpose of carrying out the
provisions of this section shall be apportioned and made available by
the director of the budget to the Commissioner of Environmental
Conservation. The rate of aid shall be set annually by the Commissioner
of Environmental Conservation, provided however, that except as
otherwise provided in the public health law, the rate shall not exceed
fifty percentum of the amount expended annually by a county or city. In
the event that the amount appropriated by the legislature is
insufficient to make full payment of all state aid to which eligible
counties and cities would otherwise be entitled under this section, the
amounts appropriated shall be apportioned in proportion to the amounts
to which such counties and cities would otherwise be entitled.

4. The Department of Environmental Conservation shall adopt rules and
regulations to implement the provisions of this section, which shall
include, but not be limited to the establishment of the following:
information and reporting requirements; activity, facility,
construction, equipment, service, administration and work eligibility
requirements and standards; department inspection, examination and
approval procedures; qualifications for persons engaged in environmental
conservation activities; and minimum criteria for the composition of
county and city government bodies that may be authorized to engage in
activities for which aid may be sought.