§ 17.05 — Approval and execution of projects

New York § 17.05

• Jurisdiction: New York
• Law PAR: Parks, Recreation and Historic Preservation
• Art. 17: Outdoor Recreation Development Bond Act

Text

§ 17.05 Approval and execution of projects. 1. Marine projects. Marine\nprojects shall not be undertaken pursuant to this article until approved\nby the commissioner. The monies appropriated for marine projects shall\nbe paid on the audit and warrant of the state comptroller on the\ncertificate of the commissioner.\n 2. Historic site projects. (a) State historic site projects, as\nauthorized pursuant to law, may be undertaken pursuant to the provisions\nof this article.\n (b) Historic site projects to be undertaken by a municipality shall be\nrecommended to the commissioner by the governing body of the\nmunicipality and, when approved by the commissioner, may be undertaken\nby a municipality pursuant to any applicable provision of law.\n (c) The state share of the cost of a municipal historic site project\nshall equal the lesser of (1) seventy-five per cent of the cost of the\nproject, less any federal assistance received or to be received for the\nproject or (2) fifty per cent of the cost of the project. For the\npurpose of determining the amount of the state share, the cost of a\nproject shall not be more than the amount set forth in the application\nfor a state share made by the municipality and approved by the\ncommissioner pursuant to paragraph (b) of this subdivision, plus any\ndirect incidental costs approved by the state comptroller.\n (d) The state share of the cost of a project shall be paid on the\naudit and warrant of the state comptroller on the certificate of the\ncommissioner and, when monies are appropriated and available therefor,\nthe entire cost may be paid in the first instance by the state as an\nadvance subject to subsequent reimbursement of the share of the\nmunicipality.\n 3. State park projects. State park projects shall be undertaken by the\noffice, pursuant to this chapter. The monies appropriated for such\nprojects shall be paid on the audit and warrant of the state comptroller\non the certificate of the commissioner of parks, recreation and historic\npreservation.\n 4. Forest recreation projects. Forest recreation projects may be\nundertaken by the department of environmental conservation, as\nauthorized by law. The monies appropriated for such projects shall be\npaid on the audit and warrant of the state comptroller on the\ncertificate of the commissioner of environmental conservation.\n 5. Municipal park projects. (a) Municipal park projects shall not be\nundertaken pursuant to this article until approved by the commissioner.\nProjects shall be recommended to the commissioner by the governing body\nof the municipality, and when approved by the commissioner may be under-\ntaken by a municipality pursuant to any applicable provision of law.\n (b) The state share of the cost of a municipal park project shall\nequal the lesser of (1) seventy-five per cent of the cost of the\nproject, less any federal assistance received or to be received for the\nproject and (2) fifty per cent of the cost of the project. For the\npurpose of determining the amount of the state share, the cost of a\nproject shall not be more than the amount set forth in the application\nfor a state share made by the municipality and approved by the\ncommissioner pursuant to paragraph (a) of this subdivision, plus any\ndirect incidental costs approved by the state comptroller.\n (c) The state share of the cost of a project shall be paid on the\naudit and warrant of the state comptroller on the certificate of the\ncommissioner and, when monies are appropriated and available therefor,\nthe entire cost may be paid in the first instance by the state as an\nadvance subject to subsequent reimbursement of the share of the\nmunicipality.\n 6. If the state shall advance a municipality's share of the cost of a\nproject, pursuant to this section, the comptroller shall certify the\namount of the share so advanced to such municipality. If the\nmunicipality shall fail to repay such amount within six months of such\ncertification, the state comptroller shall cause to be withheld from\nstate assistance to which such municipality would otherwise be entitled,\na sum sufficient to reimburse the state for any amount remaining unpaid,\ntogether with interest on any such unpaid amount at the rate of three\nper cent per annum from the date of such certification. Monies so\nwithheld shall be credited against the amount of principal and interest\npayable by such municipality for its share of the cost of the project.\n