2022 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
  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
  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.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.