N.Y. Environmental Conservation Law 54-1515 – Contracts for state assistance payments for climate smart community projects
§ 54-1515. Contracts for state assistance payments for climate smart
Terms Used In N.Y. Environmental Conservation Law 54-1515
- 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
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Federal assistance: means funds available, other than by loan, from the federal government, either directly or through allocation by the state for construction or program purposes pursuant to any federal law or program. 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
community projects.
1. After approval of the application, the commissioner may, in the name of the state, enter into contracts with municipalities, to provide state assistance payments toward the cost of climate smart community 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 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:
(i) to proceed expeditiously with and complete the project as approved by the commissioner;
(ii) to undertake and maintain the climate smart community project in accordance with applicable law and rules and regulations;
(iii) to provide for the payment of the municipality'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 fails to complete the project as approved. No repayment, however, shall be required where the commission determines that such failure, disposition or change of use was immediately necessary to protect public health and safety; and
(vi) to apply for and make reasonable efforts to secure federal assistance for the project.
2. In connection with each contract, the commissioner shall keep adequate records of the amount of the payment by the state, if any, received by the municipality. Such records shall be retained by the commissioner and shall establish the basis for recalculation of the state payment as required herein.
3. The commissioner shall impose such contractual requirements and conditions upon any municipality which receives state assistance payments pursuant to this title as may be necessary and appropriate to ensure that a public benefit shall accrue from the use of public funds by such municipality. Such conditions shall include limitations on the right of the municipality to demolish or convey such property, provisions for public access or use where appropriate, a requirement that all plans for restoration, rehabilitation, improvement, demolition or other physical change must be subject to the commissioner's approval, and such other conditions which shall assure the preservation and protection of the project.