2006 New York Code - Specific Powers, Functions And Duties

 
    § 153. Specific  powers, functions and duties. The department of state
  shall have the following specific powers, functions and duties:
    1. (a) To act as the official state planning agency  for  all  of  the
  purposes  of  sections  seven hundred one and seven hundred three of the
  federal housing act of nineteen hundred fifty-four,  as  heretofore  and
  hereafter amended, except as otherwise provided by law.
    (b)  To  act  as  agent  for,  and  enter into contracts and otherwise
  cooperate with, the federal government in connection with the  authority
  referred  to  in paragraph (a) of this subdivision, and as such agent to
  administer any grant or advance of funds for the assistance of any  such
  activities to the state, or through the state to the governing bodies of
  municipalities,  legally  constituted  metropolitan or regional planning
  agencies, and tribal councils or other legally constituted tribal bodies
  for planning for an Indian reservation located  within  the  territorial
  jurisdiction  of the state of New York, complying with the provisions of
  such grants or advances.
    (c) To present any claim, other than claims  required  by  law  to  be
  presented   by  the  commissioner  of  transportation,  to  the  federal
  government or any agency or official thereof with respect to  the  funds
  made  available  for the purposes specified in paragraphs (a) and (b) of
  this subdivision.
    (d) To enter into a  contract  or  contracts  with  any  municipality,
  legally  constituted metropolitan or regional planning agency, or tribal
  council or other legally constituted tribal body  for  planning  for  an
  Indian  reservation  located  within the territorial jurisdiction of the
  state of  New  York,  in  connection  with  the  authority  provided  in
  paragraph  (a)  of  this  subdivision  for  grants  to  be  made to such
  municipality,  planning  agency  or  tribal  council  or  other  legally
  constituted  tribal  body  by  the  state,  within  amounts appropriated
  therefor,  for  planning  projects  approved  by  the  secretary,  which
  contracts  shall  provide  that the approved cost of a planning project,
  over and above the amount which may  be  received  from  federal  grants
  therefor,  shall be borne in an amount not to exceed one-half thereof by
  the state pursuant to such contracts and the remainder  thereof  out  of
  local  funds appropriated therefor by such municipality, planning agency
  or tribal council or other legally constituted tribal body.
    2. To act as the official agent  of  the  state  for  the  purpose  of
  administering,  carrying  out and otherwise cooperating with the federal
  government in connection with the provisions of the federal  Appalachian
  regional  development  act  of nineteen hundred sixty-five as heretofore
  and hereafter amended; to apply  for,  accept,  and  expend  funds  made
  available  by  the  federal government pursuant to such federal acts and
  enter into any necessary contracts or compacts in connection  therewith;
  and  to take any further action which may be required under the terms of
  any such federal act.
    3. To act as the official agent  of  the  state  for  the  purpose  of
  administering,  carrying  out and otherwise cooperating with the federal
  government in connection with the provisions of the federal public works
  and  economic  development  act  of  nineteen  hundred  sixty-five,   as
  heretofore and hereafter amended; to apply for, accept, and expend funds
  made  available  by the federal government pursuant to such federal acts
  and enter  into  any  necessary  contracts  or  compacts  in  connection
  therewith;  to  review and approve overall economic development programs
  prepared  under  the  provisions  of  such  federal  acts  as   to   the
  qualifications of the area or district organization and the adequacy and
  reasonableness  of such programs, and every political subdivision of the
  state, or private  or  public  non-profit  organization  or  association
  submitting  an  overall  economic  development  program  to  the federal
  government must submit such overall  economic  development  program  for
  review  by  the  department  of state; to act on behalf of the political
  subdivisions of the  state  in  connection  with  making  findings  that
  projects  for  which financial assistance is sought under the provisions
  of such federal acts are consistent with  an  overall  program  for  the
  economic  development  of the area; and to take any further action which
  may be required under the terms of any such federal acts, including  but
  not  limited  to delineating economic development districts and economic
  development  regions  and  providing  for  the  administration  of  such
  districts   and   regions  in  any  manner  deemed  appropriate  by  the
  department, except that with regard to section three hundred two of such
  act, the governor shall designate the official agent of  the  state  for
  the  purpose  of  administering,  carrying out and otherwise cooperating
  with the federal government in connection with the  provisions  of  such
  section.
    5.  (a)  To  make or contract to make, within appropriations therefor,
  state grants to municipalities to cover fifty per centum of the costs to
  municipalities of preparing applications to the federal  government  for
  federal  assistance for the planning of comprehensive city demonstration
  programs as authorized under title one of the demonstration  cities  and
  metropolitan  development  act of nineteen hundred sixty-six as modified
  by the provisions of title I of the housing  and  community  development
  act of nineteen hundred seventy-four, and any federal laws as heretofore
  and  hereafter  amended,  as  such  costs  shall  be  certified  by  the
  municipality and approved by the secretary of state.
    (b) In the case of  municipalities  which  have  contracted  with  the
  federal  government for a federal grant to assist in financing the costs
  of  planning  comprehensive  city  demonstration  programs   under   the
  authority  referred  to in paragraph (a) of this subdivision, to make or
  contract to make, within appropriations therefor, state grants  to  such
  municipalities  to  cover  fifty  per  centum  of  the  net  cost to the
  municipality of undertaking and completing such planning,  exclusive  of
  any  federal  assistance,  as  such  net  cost shall be certified by the
  municipality and approved by the secretary of state,  but  in  no  event
  shall such state grants exceed one-eighth of the federal grant.
    (c) In the case of municipalities which have had applications approved
  by  the  federal  government  for federal assistance for the planning of
  comprehensive city demonstration programs under the  authority  referred
  to in paragraph (a) of this subdivision, but for which federal funds are
  not  then  available, to make or contract to make, within appropriations
  therefor, state grants to such municipalities in an amount not to exceed
  ninety per centum of the reasonably anticipated costs of undertaking and
  completing such planning, as  such  costs  shall  be  certified  by  the
  municipality  and approved by the secretary of state; provided, however,
  that no such grant shall be made unless the municipality agrees to repay
  such grant out of federal funds made available to the  municipality  for
  such  planning,  when  and  to  the  extent  such federal funds are made
  available.
    (d) In carrying out the functions, powers  and  duties  prescribed  in
  paragraphs  (a), (b) and (c) of this subdivision and in developing plans
  and  applications  under  title  one  of  the  housing   and   community
  development  act  of  nineteen  hundred  seventy-four,  to  provide such
  technical assistance to the municipalities as  the  secretary  of  state
  determines to be appropriate.
    6.  The  department  of  taxation  and finance is hereby designated to
  accept and receive all grants and advances from the  federal  government
  pursuant  to  the  provisions  of  sections  seven hundred one and seven
  hundred three of the federal housing act of nineteen hundred  fifty-four
  and  the  provisions of the federal Appalachian regional development act
  of nineteen hundred sixty-five and the federal public works and economic
  development act of nineteen hundred  sixty-five  and  the  federal  fire
  prevention  and  control  act  of nineteen hundred seventy-four, as such
  acts may be amended from time  to  time,  which  are  provided  for  the
  purposes  specified  in  subdivisions  one, two, three, four and five of
  this section and all moneys so accepted and received shall be  deposited
  by  the  department  of  taxation  and  finance in special funds for use
  exclusively for the purposes for which  such  grants  or  advances  were
  made.  Payment  from  such  special  funds  shall be made upon audit and
  warrant of the comptroller upon vouchers approved by the secretary.
    7. Nothing contained in this section shall be deemed  to  derogate  or
  detract  in  any way from the functions, powers and duties prescribed by
  law of any state department  or  agency  or  any  municipality,  nor  to
  interrupt or preclude the direct relationships of any such department or
  agency  with  any  such  municipality  for  the  carrying  out  of  such
  functions, powers and duties.