§ 52-0901 — Approval and execution of projects

New York § 52-0901

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 9: Historic Preservation, Municipal Park and Urban Cultural Parks Projects
• Art. 52: Implementation of Environmental Quality Bond Act of 1986

Text

§ 52-0901. Approval and execution of projects.\n 1. State historic preservation projects. State historic preservation\nprojects may be undertaken pursuant to the provisions of this article\nonly with the approval of the commissioner.\n 2. Municipal historic preservation projects. The commissioner and a\nmunicipality may enter into a contract for the undertaking by the\nmunicipality of a municipal historic preservation project. Municipal\nhistoric preservation projects shall be recommended to the commissioner\nby the governing body of the municipality and when approved by the\ncommissioner, may be undertaken by the municipality pursuant to this\ntitle and any other applicable provision of law. The state share of the\ncost of a municipal preservation project in no event shall exceed fifty\npercent of the cost, less any federal assistance received or to be\nreceived for the project. To assure the availability of funds for as\nwide a range of projects as possible, the commissioner may, in his\ndiscretion, limit the dollar amount that may be made available for any\nproject. For the purpose of determining the amount of the state share,\nthe cost of the project shall not be more than the amount set forth in\nthe application for a state share made by a municipality and approved by\nthe commissioner. The state share of the cost of a project shall be paid\non audit and warrant of the state comptroller on a certificate of\navailability of the director of the budget.\n 3. Not-for-profit historic preservation projects. The commissioner and\na not-for-profit corporation may enter into a contract for the\nundertaking by the not-for-profit corporation of a not-for-profit\nhistoric preservation project. A not-for-profit historic preservation\nproject shall be recommended to the commissioner by the governing body\nof a not-for-profit corporation which demonstrates to the satisfaction\nof the commissioner that it is capable of operating and maintaining such\nproperty for the benefit of the public. Upon approval by the\ncommissioner, such project may be undertaken pursuant to the provisions\nof this title and any other applicable provision of law. The state share\nof the cost of a not-for-profit historic preservation project shall in\nno event exceed fifty percent of the cost, less any state assistance\nfrom any source other than pursuant to this title and less any federal\nassistance, received or to be received for such project. To assure the\navailability of funds for as wide a range of projects as possible, the\ncommissioner may, in his discretion, limit the dollar amount that may be\nmade available for any project. For the purpose of determining the\namount of the state share, the cost of the project shall not be more\nthan the amount set forth in the application for a state share made by a\nnot-for-profit corporation and approved by the commissioner. The state\nshare of the costs of a project shall be paid on audit and warrant of\nthe state comptroller on certificate of availability of the director of\nthe budget.\n 4. Municipal park projects. The commissioner and a municipality may\nenter into a contract for the undertaking by the municipality of a\nmunicipal park project. Municipal park projects shall be recommended to\nthe commissioner by the governing body of the municipality, and when\napproved by the commissioner, may be undertaken by the municipality\npursuant to this title and any other applicable provisions of law. The\nstate share of the cost of a municipal park project in no event shall\nexceed fifty percent of the approved project cost, less any federal\nassistance received or to be received for the project. To assure the\navailability of funds for as wide a range of projects as possible, the\ncommissioner may, in his discretion, limit the dollar amount that may be\nmade available for any project. For the purpose of determining the\namount of the state share, the cost of the project shall not be more\nthan the amount set forth in the application for a state share made by a\nmunicipality and approved by the commissioner. The state share of the\ncost of a project shall be paid on audit and warrant of the state\ncomptroller on certificate of availability of the director of the\nbudget.\n 5. Urban cultural park projects. a. State urban cultural park system\nprojects including state environmental, cultural or recreational\nfacilities and sites within state designated urban cultural parks and\ninterpretive/visitor center facilities in each such park as such\nprojects are identified in a management plan prepared pursuant to\nsection 35.05 of the parks, recreation and historic preservation law\nshall be undertaken pursuant to the provisions of this article only with\nthe approval of the commissioner and the director of the budget. The\nstate share of interpretive/visitor center facility projects shall be\none hundred percent of the cost and such projects shall be subject to an\nagreement by the local urban cultural park management entity to operate\nsuch facility.\n b. Local urban cultural park resource projects. The commissioner and a\nmunicipality, public corporation or not-for-profit corporation may enter\ninto a contract subject to the approval of the director of the budget\nfor the undertaking by the municipality, public corporation or\nnot-for-profit corporation of a local urban cultural park project\nincluding parkwide and district projects identified in a management plan\nprepared pursuant to section 35.05 of the parks, recreation and historic\npreservation law. To assure the availability of funds for as wide a\nrange of projects as possible, the commissioner may, in his discretion,\nlimit the dollar amount that may be made available for any project. For\nthe purpose of determining the amount of the state share, the cost of\nthe project shall not be more than the amount set forth in the\napplication for a state share made by the municipality, public\ncorporation or not-for-profit corporation and approved by the\ncommissioner. The state share of the cost of a project shall be paid on\naudit and warrant of the state comptroller on certificate of\navailability of the director of the budget.\n