§ 54-1511 — State assistance payments for climate smart community projects

New York § 54-1511

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 15: Climate Smart Community Projects
• Art. 54: Environmental Protection Act

Text

§ 54-1511. State assistance payments for climate smart community\n projects.\n 1. Unless otherwise specified by law, the commissioner is authorized\nto provide on a competitive basis, within amounts appropriated, state\nassistance payments to a municipality toward the cost of any climate\nsmart community project approved by the commissioner provided that the\ncommissioner determines that future physical climate risk due to sea\nlevel rise, and/or storm surges and/or flooding, based on available data\npredicting the likelihood of future extreme weather events, including\nhazard risk analysis data if applicable, has been considered, except\nthat such determination shall not apply to rebates for eligible\npurchases pursuant to section 54-1521 of this title.\n 2. The commissioner and a municipality may enter into a contract for\nthe undertaking of a climate smart community project. Such project shall\nbe recommended to the commissioner by the governing body of the\nmunicipality, and when approved by the commissioner, undertaken by the\nmunicipality pursuant to this article and any other applicable\nprovisions of law.\n 3. State assistance payments shall not exceed fifty percent of the\nproject cost or two million dollars, whichever is less, provided however\nif a municipality meets criteria established by the department relating\nto either financial hardship or disadvantaged communities pursuant to\nsection 75-0101 of this chapter, the commissioner may authorize state\nassistance payments of up to eighty percent of the project cost or two\nmillion dollars, whichever is less. Such costs are subject to final\ncomputation and determination by the commissioner upon completion of the\nproject, and shall not exceed the maximum eligible cost set forth in the\ncontract. A determination of financial hardship shall be based on\ncriteria that clearly indicates that the municipality is experiencing\nsignificant and widespread financial distress, with primary\nconsideration given to whether a municipality has a median household\nincome at or below eighty percent of the state median household income.\n 4. The commissioner shall promulgate rules and regulations which shall\ninclude criteria for determining eligible expenditures and procedures\nfor governing the commitment and disbursement of funds appropriated in\naccordance with this title. The commissioner shall also promulgate rules\nand regulations which shall include application procedures, review\nprocesses, and project approval guidelines and criteria.\n