§ 54-1109 — Contracts for state assistance payments for coastal rehabilitation

New York § 54-1109

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 11: Local Waterfront Revitalization Plans and Coastal Rehabilitation Projects
• Art. 54: Environmental Protection Act

Text

§ 54-1109. Contracts for state assistance payments for coastal\n rehabilitation.\n 1. The commissioner may, in the name of the state, enter into\ncontracts with municipalities or not-for-profit corporations, to provide\nstate assistance payments toward the cost of coastal rehabilitation\nprojects which shall include the following provisions:\n a. an estimate of the costs of the project as determined by the\ncommissioner;\n b. an agreement by the commissioner to make state assistance payments\ntoward the cost of the project by periodically reimbursing the\nmunicipality or not-for-profit corporation during the progress of\nproject development or following completion of the project as may be\nagreed upon by the parties, in an amount not to exceed the amounts\nestablished elsewhere in this title; and\n c. an agreement by the municipality or not-for-profit corporation:\n (i) to proceed expeditiously with and complete the project as approved\nby the commissioner;\n (ii) to undertake and maintain the coastal rehabilitation project in\naccordance with applicable law and rules and regulations;\n (iii) to provide for the payment of the municipality's or\nnot-for-profit corporation's share of the cost of the project;\n (iv) to assume the full cost of any additional elements or continued\noperation of the project;\n (v) to repay within one year of notification by the commissioner, any\nstate assistance payments made toward the cost of the project or an\nequitable portion of such monies declared appropriate by the\ncommissioner, if the municipality or not-for-profit corporation fails to\ncomplete the project as approved. No repayment, however, shall be\nrequired where the commissioner determines that such failure,\ndisposition or change of use was immediately necessary to protect public\nhealth and safety;\n (vi) to apply for and make reasonable efforts to secure federal\nassistance for the project; and\n (vii) to not sell, lease, or otherwise dispose of or use lands\nrehabilitated under this title for any purpose inconsistent with the\nproject for a period of seven years from the commissioner's approval of\nthe project.\n 2. In connection with each contract, the commissioner shall keep\nadequate records of the amount of the payment by the state and of the\namount of federal assistance, if any, received by the municipality or\nnot-for-profit corporation. Such records shall be retained by the\ncommissioner and shall establish the basis for recalculation of the\nstate payment as required herein.\n