2019 New York Laws
ENV - Environmental Conservation
Article 54 - Environmental Protection Act
Title 11 - Local Waterfront Revitalization Plans and Coastal Rehabilitation Projects
54-1109 - Contracts for State Assistance Payments for Coastal Rehabilitation.

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