New York § 11-0535-C Endangered and threatened species mitigation bank fund

New York Statutes

§ 11-0535-C — Endangered and threatened species mitigation bank fund

New York·Law ENV Environmental Conservation·Title 5 Fish and Wildlife Management Practices Cooperative Program; Prohibitions; Taking of Fish, Wildlife, Shellfish and Crustacea For Scientific or Propagation Purposes; Destructive Wildlife; Rabies Control; Guides; Endangered Species·Art. 11 Fish and Wildlife

* § 11-0535-c. Endangered and threatened species mitigation bank fund.\n  1. The department is hereby authorized to utilize funds in the\nendangered and threatened species mitigation bank fund, established\npursuant to section ninety-nine-hh of the state finance law, for the\npurposes of implementing an endangered and threatened species mitigation\nplan approved by the department.\n  2. Such fund shall consist of contributions, in an amount determined\nby the department, deposited by an applicant granted a siting permit to\nconstruct a major renewable energy facility, where such applicant has\nbeen ordered to mitigate harm to a threatened or endangered species or\nits habitat.\n  3. In administering the provisions of this article, the commissioner:\n  a. May, in the name of the state, ente

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* § 11-0535-c. Endangered and threatened species mitigation bank fund.\n 1. The department is hereby authorized to utilize funds in the\nendangered and threatened species mitigation bank fund, established\npursuant to section ninety-nine-hh of the state finance law, for the\npurposes of implementing an endangered and threatened species mitigation\nplan approved by the department.\n 2. Such fund shall consist of contributions, in an amount determined\nby the department, deposited by an applicant granted a siting permit to\nconstruct a major renewable energy facility, where such applicant has\nbeen ordered to mitigate harm to a threatened or endangered species or\nits habitat.\n 3. In administering the provisions of this article, the commissioner:\n a. May, in the name of the state, enter into contracts with\nnot-for-profit corporations, private or public universities, and private\ncontractors for services contemplated by this title. Such contracts\nshall be subject to approval by the state comptroller and, as to form,\nby the attorney general.\n b. Shall approve vouchers for payments pursuant to an approved\ncontract. All such payments shall be paid on the audit and warrant of\nthe state comptroller;\n c. May, in the name of the state, enter into contracts with a\nnot-for-profit corporation to administer grants made pursuant to this\ntitle, including the approval and payment of vouchers for approved\ncontracts; and\n d. May perform such other and further acts as may be necessary,\nproper, or desirable to carry out the provisions of this article.\n 4. Nothing in this article shall be construed to limit or restrict any\npowers of the commissioner or any other agency pursuant to any other\nprovision of law.\n 5. The commissioner is authorized and directed to promulgate any\nregulations deemed necessary to implement this section.\n ** 6. The commissioner shall annually report to the department of\npublic service, the governor, the temporary president of the senate and\nthe speaker of the assembly on the status of the fund and all monies\nadded to and expended from the fund.\n ** NB Repealed December 31, 2040\n * NB Repealed December 31, 2030\n

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