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municipality (except an applicant) or other local party may request
funds to defray expenses for expert witness and consultant fees. Requests
for funds shall be submitted to the presiding examiner not later than
15 days after the issuance of a notice of the initial prehearing conference.
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to the availability of funds, the presiding examiner may fix
additional dates for submission of fund requests.
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request for funds shall be submitted to the presiding examiner,
with copies to the other parties to the proceeding, and contain:
(1)
the number of persons and the interests and goals the requesting
party represents;
(2)
a statement of the availability of funds from requesting parties
own resources and from other sources and of the efforts which have
been made to obtain such funds;
(3)
the location of the requesting party with respect to the proposed
site and any alternative site listed as reasonable in the application;
(4)
to the extent possible, the name and qualifications of each expert
to be employed;
(5)
if known, the name of any other party who may or is intending to
employ such expert;
(6)
a detailed statement of the services to be provided by experts and
consultants (and the basis for their fees), specifying how such
services will contribute to the development of an adequate record;
(7)
a statement as to the result of any effort made to encourage the
applicant to perform the proposed studies or evaluations or the
reason it is believed that an independent study is necessary; and
(8)
a copy of any contract or agreement or proposed contract or agreement
with each expert and consultant.
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the initial prehearing conference, or at any other conference held
to consider fund requests, the presiding examiner shall discuss the
award of funds and encourage the consolidation of requests.
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later than 15 days after the close of the initial prehearing conference,
the presiding examiner shall make an initial award, and from time
to time thereafter may make additional awards, of funds in relation
to the potential or such awards to make a contribution to the development
of an adequate record. The presiding examiner shall ensure that the
funds are awarded on an equitable basis in a manner which facilitates
broad public participation in the proceeding, and that a fair portion
is awarded to municipal and other local parties from the area of the
applicant’s proposed site. At least 50% of the funds deposited in
the intervenor account shall be awarded to municipalities and up to
50% to other local parties.
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fee submitted with each application shall be deposited in an intervenor
account, established pursuant to Section 97-tt of the State Finance
Law.
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a quarterly basis, unless otherwise required by the presiding examiner,
any municipality or other local party receiving an award of funds
shall: (1)
provide an accounting of the monies which have been spent; and
(2)
submit a report to the presiding examiner showing:
(i) that
the purpose for which the funds were awarded has been achieved and
the results of any studies conducted using such funds;
(ii) that
reasonable progress toward the goal for which the funds were allocated
is being achieved; or
(iii)
why further expenditures are warranted.
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it appears warranted, the presiding examiner may incorporate
the reports referred to in subdivision (g) of this section into the
hearing record as public statements.
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from the intervenor account to municipal and other local
parties shall be made by the DPS upon audit and warrant of the Comptroller
of the State on vouchers approved by the Board. Any funds which have
not been disbursed shall be returned to the applicant after the time
for applying for judicial review of a Board’s decision has expired.
If an application has been withdrawn or dismissed, any funds remaining
shall be returned within a reasonable time.
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During the pre-application process, an applicant may agree to
defray expenses incurred by a municipality or other local party for
expert witness or consultant fees. Such party may agree that it will
pay the money advanced by the applicant if it receives a disbursement
in accordance with subdivision (i) of this section. Such agreement
shall not bind the presiding examiner to award funds in any particular
manner.
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