N.Y. Environmental Conservation Law § 52-0901: Approval and execution of projects

§ 52-0901. Approval and execution of projects.

1. State historic preservation projects. State historic preservation

projects may be undertaken pursuant to the provisions of this article

only with the approval of the commissioner.

2. Municipal historic preservation projects. The commissioner and a

municipality may enter into a contract for the undertaking by the

municipality of a municipal historic preservation project. Municipal

historic preservation projects shall be recommended to the commissioner

by the governing body of the municipality and when approved by the

commissioner, may be undertaken by the municipality pursuant to this

title and any other applicable provision of law. The state share of the

cost of a municipal preservation project in no event shall exceed fifty

percent of the cost, less any federal assistance received or to be

received for the project. To assure the availability of funds for as

wide a range of projects as possible, the commissioner may, in his

discretion, limit the dollar amount that may be made available for any

project. For the purpose of determining the amount of the state share,

the cost of the project shall not be more than the amount set forth in

the application for a state share made by a municipality and approved by

the commissioner. The state share of the cost of a project shall be paid

on audit and warrant of the state comptroller on a certificate of

availability of the director of the budget.

3. Not-for-profit historic preservation projects. The commissioner and

a not-for-profit corporation may enter into a contract for the

undertaking by the not-for-profit corporation of a not-for-profit

historic preservation project. A not-for-profit historic preservation

project shall be recommended to the commissioner by the governing body

of a not-for-profit corporation which demonstrates to the satisfaction

of the commissioner that it is capable of operating and maintaining such

property for the benefit of the public. Upon approval by the

commissioner, such project may be undertaken pursuant to the provisions

of this title and any other applicable provision of law. The state share

of the cost of a not-for-profit historic preservation project shall in

no event exceed fifty percent of the cost, less any state assistance

from any source other than pursuant to this title and less any federal

assistance, received or to be received for such project. To assure the

availability of funds for as wide a range of projects as possible, the

commissioner may, in his discretion, limit the dollar amount that may be

made available for any project. For the purpose of determining the

amount of the state share, the cost of the project shall not be more

than the amount set forth in the application for a state share made by a

not-for-profit corporation and approved by the commissioner. The state

share of the costs of a project shall be paid on audit and warrant of

the state comptroller on certificate of availability of the director of

the budget.

4. Municipal park projects. The commissioner and a municipality may

enter into a contract for the undertaking by the municipality of a

municipal park project. Municipal park projects shall be recommended to

the commissioner by the governing body of the municipality, and when

approved by the commissioner, may be undertaken by the municipality

pursuant to this title and any other applicable provisions of law. The

state share of the cost of a municipal park project in no event shall

exceed fifty percent of the approved project cost, less any federal

assistance received or to be received for the project. To assure the

availability of funds for as wide a range of projects as possible, the

commissioner may, in his discretion, limit the dollar amount that may be

made available for any project. For the purpose of determining the

amount of the state share, the cost of the project shall not be more

than the amount set forth in the application for a state share made by a

municipality and approved by the commissioner. The state share of the

cost of a project shall be paid on audit and warrant of the state

comptroller on certificate of availability of the director of the

budget.

5. Urban cultural park projects. a. State urban cultural park system

projects including state environmental, cultural or recreational

facilities and sites within state designated urban cultural parks and

interpretive/visitor center facilities in each such park as such

projects are identified in a management plan prepared pursuant to

section 35.05 of the parks, recreation and historic preservation law

shall be undertaken pursuant to the provisions of this article only with

the approval of the commissioner and the director of the budget. The

state share of interpretive/visitor center facility projects shall be

one hundred percent of the cost and such projects shall be subject to an

agreement by the local urban cultural park management entity to operate

such facility.

b. Local urban cultural park resource projects. The commissioner and a

municipality, public corporation or not-for-profit corporation may enter

into a contract subject to the approval of the director of the budget

for the undertaking by the municipality, public corporation or

not-for-profit corporation of a local urban cultural park project

including parkwide and district projects identified in a management plan

prepared pursuant to section 35.05 of the parks, recreation and historic

preservation law. To assure the availability of funds for as wide a

range of projects as possible, the commissioner may, in his discretion,

limit the dollar amount that may be made available for any project. For

the purpose of determining the amount of the state share, the cost of

the project shall not be more than the amount set forth in the

application for a state share made by the municipality, public

corporation or not-for-profit corporation and approved by the

commissioner. The state share of the cost of a project shall be paid on

audit and warrant of the state comptroller on certificate of

availability of the director of the budget.