§ 153 — Specific powers, functions and duties

§ 153. Specific powers, functions and duties. The department of state\nshall have the following specific powers, functions and duties:\n 1. (a) To act as the official state planning agency for all of the\npurposes of sections seven hundred one and seven hundred three of the\nfederal housing act of nineteen hundred fifty-four, as heretofore and\nhereafter amended, except as otherwise provided by law.\n (b) To act as agent for, and enter into contracts and otherwise\ncooperate with, the federal government in connection with the authority\nreferred to in paragraph (a) of this subdivision, and as such agent to\nadminister any grant or advance of funds for the assistance of any such\nactivities to the state, or through the state to the governing bodies of\nmunicipalities, legally constituted metropolitan or regional planning\nagencies, and tribal councils or other legally constituted tribal bodies\nfor planning for an Indian reservation located within the territorial\njurisdiction of the state of New York, complying with the provisions of\nsuch grants or advances.\n (c) To present any claim, other than claims required by law to be\npresented by the commissioner of transportation, to the federal\ngovernment or any agency or official thereof with respect to the funds\nmade available for the purposes specified in paragraphs (a) and (b) of\nthis subdivision.\n (d) To enter into a contract or contracts with any municipality,\nlegally constituted metropolitan or regional planning agency, or tribal\ncouncil or other legally constituted tribal body for planning for an\nIndian reservation located within the territorial jurisdiction of the\nstate of New York, in connection with the authority provided in\nparagraph (a) of this subdivision for grants to be made to such\nmunicipality, planning agency or tribal council or other legally\nconstituted tribal body by the state, within amounts appropriated\ntherefor, for planning projects approved by the secretary, which\ncontracts shall provide that the approved cost of a planning project,\nover and above the amount which may be received from federal grants\ntherefor, shall be borne in an amount not to exceed one-half thereof by\nthe state pursuant to such contracts and the remainder thereof out of\nlocal funds appropriated therefor by such municipality, planning agency\nor tribal council or other legally constituted tribal body.\n 2. To act as the official agent of the state for the purpose of\nadministering, carrying out and otherwise cooperating with the federal\ngovernment in connection with the provisions of the federal Appalachian\nregional development act of nineteen hundred sixty-five as heretofore\nand hereafter amended; to apply for, accept, and expend funds made\navailable by the federal government pursuant to such federal acts and\nenter into any necessary contracts or compacts in connection therewith;\nand to take any further action which may be required under the terms of\nany such federal act.\n 3. To act as the official agent of the state for the purpose of\nadministering, carrying out and otherwise cooperating with the federal\ngovernment in connection with the provisions of the federal public works\nand economic development act of nineteen hundred sixty-five, as\nheretofore and hereafter amended; to apply for, accept, and expend funds\nmade available by the federal government pursuant to such federal acts\nand enter into any necessary contracts or compacts in connection\ntherewith; to review and approve overall economic development programs\nprepared under the provisions of such federal acts as to the\nqualifications of the area or district organization and the adequacy and\nreasonableness of such programs, and every political subdivision of the\nstate, or private or public non-profit organization or association\nsubmitting an overall economic development program to the federal\ngovernment must submit such overall economic development program for\nreview by the department of state; to act on behalf of the political\nsubdivisions of the state in connection with making findings that\nprojects for which financial assistance is sought under the provisions\nof such federal acts are consistent with an overall program for the\neconomic development of the area; and to take any further action which\nmay be required under the terms of any such federal acts, including but\nnot limited to delineating economic development districts and economic\ndevelopment regions and providing for the administration of such\ndistricts and regions in any manner deemed appropriate by the\ndepartment, except that with regard to section three hundred two of such\nact, the governor shall designate the official agent of the state for\nthe purpose of administering, carrying out and otherwise cooperating\nwith the federal government in connection with the provisions of such\nsection.\n 4. To provide to any municipality, upon request, in cooperation with\nthe department of economic development and the department of education,\ntechnical assistance in the event of a college or university closing in\nsuch municipality, on topics including but not limited to:\n (a) workforce transition and development;\n (b) attracting new employers and economic opportunities;\n (c) developing plans for the land and buildings formerly occupied by\nsuch college or university; and\n (d) recommendations and planning assistance for dealing with creditors\nand other entities having a financial interest in such college or\nuniversity's assets located in such municipality, provided, however,\nthat the state shall not become a party to any legal proceedings\npursuant to this subdivision.\n 5. (a) To make or contract to make, within appropriations therefor,\nstate grants to municipalities to cover fifty per centum of the costs to\nmunicipalities of preparing applications to the federal government for\nfederal assistance for the planning of comprehensive city demonstration\nprograms as authorized under title one of the demonstration cities and\nmetropolitan development act of nineteen hundred sixty-six as modified\nby the provisions of title I of the housing and community development\nact of nineteen hundred seventy-four, and any federal laws as heretofore\nand hereafter amended, as such costs shall be certified by the\nmunicipality and approved by the secretary of state.\n (b) In the case of municipalities which have contracted with the\nfederal government for a federal grant to assist in financing the costs\nof planning comprehensive city demonstration programs under the\nauthority referred to in paragraph (a) of this subdivision, to make or\ncontract to make, within appropriations therefor, state grants to such\nmunicipalities to cover fifty per centum of the net cost to the\nmunicipality of undertaking and completing such planning, exclusive of\nany federal assistance, as such net cost shall be certified by the\nmunicipality and approved by the secretary of state, but in no event\nshall such state grants exceed one-eighth of the federal grant.\n (c) In the case of municipalities which have had applications approved\nby the federal government for federal assistance for the planning of\ncomprehensive city demonstration programs under the authority referred\nto in paragraph (a) of this subdivision, but for which federal funds are\nnot then available, to make or contract to make, within appropriations\ntherefor, state grants to such municipalities in an amount not to exceed\nninety per centum of the reasonably anticipated costs of undertaking and\ncompleting such planning, as such costs shall be certified by the\nmunicipality and approved by the secretary of state; provided, however,\nthat no such grant shall be made unless the municipality agrees to repay\nsuch grant out of federal funds made available to the municipality for\nsuch planning, when and to the extent such federal funds are made\navailable.\n (d) In carrying out the functions, powers and duties prescribed in\nparagraphs (a), (b) and (c) of this subdivision and in developing plans\nand applications under title one of the housing and community\ndevelopment act of nineteen hundred seventy-four, to provide such\ntechnical assistance to the municipalities as the secretary of state\ndetermines to be appropriate.\n 6. The department of taxation and finance is hereby designated to\naccept and receive all grants and advances from the federal government\npursuant to the provisions of sections seven hundred one and seven\nhundred three of the federal housing act of nineteen hundred fifty-four\nand the provisions of the federal Appalachian regional development act\nof nineteen hundred sixty-five and the federal public works and economic\ndevelopment act of nineteen hundred sixty-five and the federal fire\nprevention and control act of nineteen hundred seventy-four, as such\nacts may be amended from time to time, which are provided for the\npurposes specified in subdivisions one, two, three, four and five of\nthis section and all moneys so accepted and received shall be deposited\nby the department of taxation and finance in special funds for use\nexclusively for the purposes for which such grants or advances were\nmade. Payment from such special funds shall be made upon audit and\nwarrant of the comptroller upon vouchers approved by the secretary.\n 7. Nothing contained in this section shall be deemed to derogate or\ndetract in any way from the functions, powers and duties prescribed by\nlaw of any state department or agency or any municipality, nor to\ninterrupt or preclude the direct relationships of any such department or\nagency with any such municipality for the carrying out of such\nfunctions, powers and duties.\n