2021 New York Laws
ENV - Environmental Conservation
Article 16 - Flood Control
16-0115 - Municipal Participation in Federal Program; Raising and Disbursement of Funds; Local Cooperation Agreements.
§ 16-0115. Municipal participation in federal program; raising and
disbursement of funds; local cooperation agreements.
1. Prior to the commencement of any federal flood protection project,
the governing body of any benefiting municipality or municipalities must
execute a local cooperation agreement which will specify the cost to be
borne by the municipality. The moneys so required shall be paid by such
benefiting municipality or municipalities and shall be raised by tax or
pursuant to the local finance law, or in accordance with any local
charter or law, as the case may be. All such funds shall be paid by such
benefiting municipality or municipalities in a manner specified in a
local cooperation agreement.
2. The non-federal share of any costs related to development of any
flood control project required by the federal government shall be borne
by the state except for construction costs which shall be shared in
accordance with the percentages specified in paragraphs (a) and (b) of
subdivision three of this section.
3. The assignment of responsibility for all required non-federal items
of cooperation shall be specified in the local cooperation agreement as
follows: (a) the state shall bear fifty percent of those costs required by the
federal government including lands, easements, rights-of-way,
relocations, and cash contributions if any.
(b) the benefiting municipality or municipalities shall bear fifty
percent of those costs required by the federal government including
lands, easements, rights-of-way, relocations, and cash contributions if
any.
(c) the costs of all lands, easements, rights-of-way and relocations
borne by the state or a benefiting municipality or municipalities shall
be a credit against the respective shares of the state and the
benefiting municipality or municipalities.
(d) the operation and maintenance of the project, once constructed,
shall be the responsibility of the benefiting municipality or
municipalities in accordance with the guidance and direction of the
state and under the controlling principle that flood control is the
primary purpose.
(e) replacement of project facilities shall be the responsibility of
the state provided that replacement is not due to deferred maintenance.
4. Notwithstanding any other provisions of this section, for any flood
control project for which a local cooperation agreement was developed or
a letter of intent was furnished to the federal government before
January first, nineteen hundred eighty-seven, the state of New York
shall not pay less than the total costs of all lands, easements,
rights-of-way, bridges and relocations, with the exception of lands
owned by the benefiting municipality or municipalities and the
relocation of facilities owned by the benefiting municipality or
municipalities.
5. Any local cooperation agreement may include such additional terms
and conditions as the commissioner may determine to be necessary.
