N.Y. Environmental Conservation Law § 23-0303: Administration of article

§ 23-0303. Administration of article.

1. Except to the extent that the administration of this article is

specifically entrusted to other agencies or officers of the state by its

provisions, such administration shall be by the department. Geological

services for the department in connection with the administration of

this article shall be provided by or in cooperation with the state

geologist. Within appropriations therefor the department is authorized

to employ such personnel as may be necessary for the administration of

this article and may also employ or secure the services of such

engineering, technical and other consultants as it may require from time

to time.

2. The provisions of this article shall supersede all local laws or

ordinances relating to the regulation of the oil, gas and solution

mining industries; but shall not supersede local government jurisdiction

over local roads or the rights of local governments under the real

property tax law.

3. a. The commissioner shall accept from municipalities requests for

funds from the oil and gas fund to reimburse the municipality for costs

incurred in repairing damages to municipal land or property. Such

requests shall include such explanatory material and documentation as

the commissioner may require.

b. The commissioner and director of the budget, may recommend payment

to the municipality to satisfy the request for reimbursement upon

finding that:

(1) The municipality has made a bona fide effort to seek relief and

recover its costs from those deemed to be responsible and any other

appropriate avenues, but has been unsuccessful;

(2) The damage was a direct result of activities regulated under this

article and that the amount of funds requested is reasonable in view of

such damages; and

(3) The costs were incurred after the effective date of this

subdivision.