2020 New York Laws
NAV - Navigation
Article 11 - Improvement and Preservation of Waterways
142 - Local Marine Facilities.

§ 142. Local   marine  facilities.  (a)  The  commissioner  is  hereby
authorized  to  enter   into   agreements   with   municipalities,   and
municipalities  are  hereby authorized to enter into agreements with the
commissioner, concerning the construction, operation and maintenance  of
local marine facilities, including local marine facilities incidental to
a harbor of refuge.
  (b)  Any such agreement shall include a provision for the construction
of the facility, either by the municipality or by the state on behalf of
the municipality, in accordance with plans approved by the commissioner,
and any such agreement shall include a provision requiring operation and
maintenance of the facility by the municipality.
  (c) In  any  such  agreement  the  state  may  agree,  within  amounts
appropriated therefor as allocated by the director of the budget, to pay
to  the  municipality an amount to be determined by the commissioner not
to exceed the lesser of (1) seventy-five per cent of  the  cost  of  the
facility, less any federal assistance received or to be received for the
facility and (2) fifty per cent of the cost of the facility; except that
when  the  facility  is  constructed  by  the  state  on  behalf  of the
municipality, the municipality shall agree to reimburse the state in  an
amount to be determined by the commissioner not to be less than the cost
of  the  facility less the sum of (1) any federal assistance received or
to be received for the facility and (2) the lesser of  (i)  seventy-five
per  cent  of  the  cost  of  the  facility, less any federal assistance
received or to be received for the facility and (ii) fifty per  cent  of
the  cost  of the facility. Whenever two or more municipalities agree to
participate in a project, such municipalities,  by  agreement  with  the
commissioner  and each other, shall agree to an equitable sharing of the
local share of the cost of the project.
  (d) In the event a municipality shall fail to pay  to  the  state  the
municipality's  share of the cost of a facility constructed by the state
on behalf of the municipality within six months of the certification  to
the  municipality  by the state comptroller of the amount of such share,
the state comptroller shall cause to be withheld from  state  assistance
to which such municipality would otherwise be entitled, a sum sufficient
to  reimburse  the  state for any amount remaining unpaid, together with
interest on any such unpaid amount at the rate of  three  per  cent  per
annum  from  the date of such certification. Monies so withheld shall be
credited against the amount of principal and interest  payable  by  such
municipality for its share of the cost of the facility.