N.Y. Environmental Conservation Law 54-1511 – State assistance payments for climate smart community projects
§ 54-1511. State assistance payments for climate smart community
Terms Used In N.Y. Environmental Conservation Law 54-1511
- Commissioner: means the commissioner of environmental conservation; except that within and for the purposes of the projects undertaken by the office pursuant to title nine of this article, the term shall mean the commissioner of the office of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 54-0101
- Contract: A legal written agreement that becomes binding when signed.
- Cost: means the cost of an approved project, which shall include engineering and architectural services, plans and specifications, consultant and legal services, and other direct expenses incident to such project less any federal assistance received or to be received and any other assistance from other parties. See N.Y. Environmental Conservation Law 54-0101
- Governing body: means :
a. See N.Y. Environmental Conservation Law 54-0101 - Municipality: means a local public authority or public benefit corporation, a county, city, town, village, or Indian tribe or nation residing within New York state, or any combination thereof. See N.Y. Environmental Conservation Law 54-0101
projects.
1. Unless otherwise specified by law, the commissioner is authorized to provide on a competitive basis, within amounts appropriated, state assistance payments to a municipality toward the cost of any climate smart community project approved by the commissioner provided that the commissioner determines that future physical climate risk due to sea level rise, and/or storm surges and/or flooding, based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable, has been considered, except that such determination shall not apply to rebates for eligible purchases pursuant to section 54-1521 of this title.
2. The commissioner and a municipality may enter into a contract for the undertaking of a climate smart community project. Such project shall be recommended to the commissioner by the governing body of the municipality, and when approved by the commissioner, undertaken by the municipality pursuant to this article and any other applicable provisions of law.
3. State assistance payments shall not exceed fifty percent of the project cost or two million dollars, whichever is less. Such costs are subject to final computation and determination by the commissioner upon completion of the project, and shall not exceed the maximum eligible cost set forth in the contract.
4. The commissioner shall promulgate rules and regulations which shall include criteria for determining eligible expenditures and procedures for governing the commitment and disbursement of funds appropriated in accordance with this title. The commissioner shall also promulgate rules and regulations which shall include application procedures, review processes, and project approval guidelines and criteria.