N.Y. Environmental Conservation Law § 11-0535-c: Endangered and threatened species mitigation bank fund

* § 11-0535-c. Endangered and threatened species mitigation bank fund.

1. The department is hereby authorized to utilize funds in the

endangered and threatened species mitigation bank fund, established

pursuant to section ninety-nine-hh of the state finance law, for the

purposes of implementing an endangered and threatened species mitigation

plan approved by the department.

2. Such fund shall consist of contributions, in an amount determined

by the department, deposited by an applicant granted a siting permit to

construct a major renewable energy facility, where such applicant has

been ordered to mitigate harm to a threatened or endangered species or

its habitat.

3. In administering the provisions of this article, the commissioner:

a. May, in the name of the state, enter into contracts with

not-for-profit corporations, private or public universities, and private

contractors for services contemplated by this title. Such contracts

shall be subject to approval by the state comptroller and, as to form,

by the attorney general.

b. Shall approve vouchers for payments pursuant to an approved

contract. All such payments shall be paid on the audit and warrant of

the state comptroller;

c. May, in the name of the state, enter into contracts with a

not-for-profit corporation to administer grants made pursuant to this

title, including the approval and payment of vouchers for approved

contracts; and

d. May perform such other and further acts as may be necessary,

proper, or desirable to carry out the provisions of this article.

4. Nothing in this article shall be construed to limit or restrict any

powers of the commissioner or any other agency pursuant to any other

provision of law.

5. The commissioner is authorized and directed to promulgate any

regulations deemed necessary to implement this section.

** 6. The commissioner shall annually report to the department of

public service, the governor, the temporary president of the senate and

the speaker of the assembly on the status of the fund and all monies

added to and expended from the fund.

** NB Repealed December 31, 2040

* NB Repealed December 31, 2030