N.Y. Environmental Conservation Law § 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.