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This entry was published on 2017-04-28
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SECTION 11-B
Agricultural nonpoint source abatement and control projects
Soil & Water Conservation Districts (SWC) CHAPTER 9-B, ARTICLE 2
§ 11-b. Agricultural nonpoint source abatement and control projects.
1. Subject to the availability of funds appropriated therefor, a
matching grant program is established to fund agricultural nonpoint
source abatement and control projects that meet the following criteria:

a. the project must consist of activities or plans which will
identify, reduce, abate, control or prevent nonpoint source pollution
originating from agricultural sources;

b. the project must be proposed for implementation by a district or
group of districts acting jointly;

c. the project must identify agricultural nonpoint sources of
pollution or propose to implement best management practices, as defined
in section three of this chapter; and

d. the district or districts must have funds available to pay for its
share of the eligible project costs.

2. Applications for matching grants shall contain the following
information:

a. the name and location of the water body and the nonpoint source
problem to be addressed;

b. identification of the best management practices to be implemented,
if applicable;

c. a cost estimate for the proposed project;

d. the source of funds available to the district to pay for its share
of the eligible costs;

e. information sufficient to demonstrate that the criteria in
subdivision one of this section have been met; and

f. such further information as may be required by the committee
through regulations.

3. In awarding grants the committee shall give preference to those
projects located in priority water bodies identified pursuant to section
17-1407 of the environmental conservation law. The committee shall also
give preference to projects proposed to promote participation or further
the priorities of the agricultural environmental management (AEM)
program as set forth in article eleven-A of the agriculture and markets
law.

4. Eligible costs that may be funded pursuant to this section are
architectural and engineering services, plans and specifications,
including watershed based or individual agricultural nonpoint source
pollution assessments, consultant and legal services, conservation
easements and associated transaction costs specific to title
thirty-three of article fifteen of the environmental conservation law
and other direct expenses related to project implementation.

5. State assistance payments pursuant to this section shall be up to a
maximum of seventy-five percent of the eligible costs, as determined
pursuant to subdivision four of section 17-1409 of the environmental
conservation law, for any specified project. Such maximum shall be
increased by a percentage equal to the percentage of the total eligible
costs for such specified projects that are contributed by the owner or
operator of agricultural land upon which such specified project is being
conducted, provided, however, that in no event shall the total of such
state assistance payments exceed eighty-seven and one-half percent of
such eligible costs for any specified project.

6. The committee may adopt rules and regulations necessary to
effectuate the purposes of this section.

7. Notwithstanding any other provision of law, a concentrated animal
feeding operation permitted pursuant to title seven or eight of article
seventeen of the environmental conservation law shall be treated as a
nonpoint source for purposes of qualifying for funding pursuant to this
section.