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Part 635: State Aid For Local Environmental Conservation Activities

Contents:

Sec.

§635.1 General

(a) The following provisions regarding State aid for environmental conservation activities shall be applicable to each State fiscal year beginning with the fiscal year which commences on April 1, 1973.

(b) Payments from annual appropriations for State aid programs shall be made at rates and in amounts calculated not to exceed the amounts approved by the Director of the Budget.

(c) When used in this Part, the word commissioner shall mean the Commissioner of Environmental Conservation.

§635.2 Applications for State Aid

(a) Any eligible county or city desiring State aid for local environmental conservation activities shall submit an application therefor to the commissioner by November 1 of the year preceding the calendar year for which funds are so requested.

(b) State aid applications shall be accompanied by a detailed program plan in a form acceptable to the commissioner, consisting of:

(1) A schedule of functions and activities to be performed, together with an estimate of the amount of work to be performed and the manpower to be devoted to each category of work.

(2) A schedule showing the name, title and salary of each employee and the estimated amount of time each will spend in the major program functions.

(3) Other data as may be required to indicate the program objectives and how the proposed activities will contribute to achieving these objectives.

(c) The commissioner shall review and approve State aid applications based upon:

(1) local needs in relation to overall program priorities,

(2) alternative methods of accomplishing agreed-upon objectives, and

(3) availability of funds.

(d) Prior to the commencement of the calendar year, the commissioner shall notify each applicant of his approval or disapproval of its State aid application, or any significant change therein, and shall indicate the approximate rate of reimbursement based upon the budget request of the Department of Environmental Conservation.

(e) As soon as practicable during the first calendar quarter, each applicant shall notify the commissioner of any significant change in the program plan resulting from action by the local legislative body in either reducing or increasing appropriations for environmental conservation activities. Where, in the commissioner's judgment, such changes materially alter the locality's capability to maintain a satisfactory level of effort in any or all functional categories, the commissioner may in his discretion reduce or withhold altogether State aid to such locality.

(f) As soon as practicable, the commissioner shall notify each applicant of any significant change in the anticipated rate of reimbursement resulting from action by the State Legislature either reducing or increasing the appropriation for local assistance for environmental conservation activities.

§635.3 Methods of Payment

The following methods of payment shall apply to the several State aid programs:

(a) State aid for local environmental conservation activities shall be paid at a rate determined by the commissioner after review and approval of State aid applications, with such adjustment of that rate as may be necessary to distribute the entire amount approved by the Director of the Budget. No applicant shall receive more than 50 percent of its total reimbursable expenses.

(1) Claims shall be submitted quarterly not later than two months after the calendar quarter in which the expenditures claimed were made. Upon receipt from all applicants of the claims for the fourth calendar quarter for any calendar year, or in any event by June 15 following such calendar year, the commissioner shall calculate the total allowable expenditures claimed by each applicant during such calendar year; if there are insufficient funds remaining in the amount approved by the Director of the Budget to pay all allowable claims, the commissioner shall distribute any remaining balance of such amount in proportion to the relationship which each applicant's total allowable expenditures bears to the total allowable expenditures of all applicants. If the commissioner believes at any time that there may be insufficient funds to pay all allowable claims in full, he may, until such time as he can make the calculations required by this paragraph (1), make interim distributions in payment of such portion of a claim for any calendar quarter as he in his discretion believes to be prudent and equitable.

(2) Claims received later than two months after the calendar quarter during which the expenditures claimed were made may be returned unpaid, in which case they may not be resubmitted.

(3) If the fourth quarter and all previous claims by an applicant are not received on or before June 15, the commissioner may apportion the remaining approved balance among the allowable claims submitted by the other applicants.

(4) The rate established shall provide for reimbursement of all salaries and wages of personnel employed directly in the performance of environmental conservation activities and of such additional eligible expenditures as may be incurred in the administration of:

(i) Federally-aided local air pollution control programs.

(ii) Local mosquito abatement programs conducted for health or health related purposes.

(iii) Local environmental control agencies as described in subdivision (a) of section 635.4 of this Part.

(b) State aid for laboratories providing environmental conservation services shall be paid at a rate jointly determined by the commissioner and the State Commissioner of Health after review and approval of State aid applications, with such adjustment of that rate as may be necessary to distribute the entire amount approved by the Director of the Budget. No applicant shall receive more than 50 percent of its total reimbursable expenses.

(1) Claims shall be submitted quarterly not later than two months after the calendar quarter in which the expenditures claimed were made. Upon receipt from all applicants of the claims for the fourth calendar quarter for any calendar year, or in any event by June 15 following such calendar year, the commissioner and the Commissioner of Health shall calculate the total allowable expenditures claimed by each applicant during such calendar year; if there are insufficient funds remaining in the amount approved by the Director of the Budget to pay all allowable claims, the commissioner and the Commissioner of Health shall distribute any remaining balance of such amount in proportion to the relationship which each applicant's total allowable expenditures bears to the total allowable expenditures of all applicants. If the commissioner and the Commissioner of Health believe at any time that there may be insufficient funds to pay all allowable claims in full, they may, until such time as they can make the calculations required by this paragraph (1), make interim distributions in payment of such portion of a claim for any calendar quarter as they in their discretion believe to be prudent and equitable.

(2) Claims received later than two months after the calendar quarter during which the expenditures claimed were made may be returned unpaid, in which case they may not be resubmitted.

(3) If the fourth quarter and all previous claims by the applicant are not received on or before June 15, the commissioner and the Commissioner of Health may apportion the remaining approved balance among the allowable claims submitted by the other applicants.

§635.4 Conditions for the Receipt of State Aid

(a) To ensure the most efficient use of available local assistance funds, State aid shall be approved only for those environmental conservation activities performed by either (1) a full-time local health department organized and staffed pursuant to the Public Health Law, or (2) a local environmental control agency created under local initiative provided:

(i) The local enabling legislation clearly delineates the organization and scope of the environmental control agency's responsibilities, particularly in relation to the local health department.

(ii) Adequate local funds are made available for the environmental control agency.

(iii) The environmental control agency is staffed with qualified personnel.

(b) County and city commissioners of health and/or environmental conservation shall maintain such records and submit such reports as may, from time to time, be required by the commissioner. All books and records shall be available for examination by authorized agents of the commissioner.

(c) The State Department of Environmental Conservation may conduct a quarterly review of county and city environmental programs. The purpose of the review is to ascertain progress in accomplishing the program plans and to provide the foundation for joint development of the program plan for the ensuing year.

(d) Personnel employed by agencies which are receiving State aid shall be qualified for their respective positions. In New York City, personnel shall possess at the time of appointment the qualifications established for the positions by the New York City department of personnel. In the remainder of the State, personnel appointed to positions for which qualifications have been established by Part 11 of Title 10 of the Official Compilation of Codes, Rules and Regulations (10 NYCRR Part 11) shall possess such qualifications at the time of appointment; in the case of personnel appointed to positions for which qualifications have not been established by Part 11, the position title and qualifications therefor must be approved by the State Commissioner of Health in the case of local health departments and by the commissioner in the case of local environmental control agencies as applicable.

(e) Inspections and investigations of possible sources of pollution of the air, water or land shall be made by agencies which are receiving State aid at a frequency and of a nature satisfactory to the commissioner.

(f) The processing, review and approval of plans required to be submitted to the State Department of Environmental Conservation shall be made in a manner acceptable to the commissioner.

§635.5 Non-reimbursable Expenses

The following shall not be eligible for reimbursement:

(a) That portion of the cost of approved mosquito control programs in excess of the first $50,000 of expenditure.

(b) Activities for which State aid is otherwise specifically provided by any State Law.

(c) That portion of joint Federal-local programs which have been approved by the State Departments of Health or Environmental Conservation which are financed from Federal funds.

(d) Contributions by counties and cities for employee health insurance, retirement, and social security.

(e) The cost of malpractice or personal liability insurance purchased by counties or cities for protection of employees.

(f) All rentals for space utilized for local health department or environmental control agency purposes, if such rentals are payable to the same city or county as operates the health department or environmental control agency.

(g) Purchase of supplies and equipment for medical civil defense activities; salaries and expenses of staff employed specifically for medical civil defense.

(h) Administrative costs reimbursed by the State Department of Health.

(i) Expenses offset by revenue from fees, grants or other sources, which revenue is available to defray, wholly or in part, the cost of the reimbursable expenses.