N.Y. Environmental Conservation Law § 54-0903: Approval and execution of projects

§ 54-0903. Approval and execution of projects.

1. State historic preservation projects may be undertaken pursuant to

the provisions of this article and other applicable provisions of law

only with the approval of the commissioner.

2. All historic preservation projects, municipal park projects and

heritage area projects shall be undertaken in the state of New York.

Except for state projects undertaken by the office at state historic

properties, the total amount of the state assistance payments toward the

cost of any such project shall in no event exceed fifty percent of the

cost, provided however, that in the case of a project located in an area

which, according to the most recent census data available, has a poverty

rate of at least ten percent for the year to which the data relates,

state assistance payments toward the cost of any such project shall in

no event exceed seventy-five percent of the cost. For the purpose of

determining the amount of the state assistance payments, the cost of the

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

for state assistance payments approved by the commissioner. The state

assistance payments toward 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. a. The commissioner and a municipality may enter into a contract

for the undertaking by the municipality of an historic preservation

project. Such 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.

b. The commissioner and a not-for-profit corporation may enter into a

contract for the undertaking by the not-for-profit corporation of an

historic preservation project. Such an 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.

4. a. 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 office shall

assess existing parks and recreational opportunities in the

municipalities where the municipal park project is located and shall

give preference to projects which are in or primarily serve areas where

demographic and other relevant data for such areas demonstrate that the

areas are densely populated and have sustained physical deterioration,

decay, neglect or disinvestment, or where a substantial proportion of

the residential population is of low income or is otherwise

disadvantaged and is underserved with respect to the existing

recreational opportunities in the area.

b. The commissioner and a not-for-profit corporation may enter into a

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

municipal park project. Such a contract shall be contingent upon the

approval of the governing body of each municipality in which the project

is located. Such a 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 project 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

office shall assess existing parks and recreational opportunities in the

municipalities where the municipal park project is located and shall

give preference to projects which are in or primarily serve areas where

demographic and other relevant data for such areas demonstrate that the

areas are densely populated and have sustained physical deterioration,

decay, neglect or disinvestment, or where a substantial proportion of

the residential population is of low income or is otherwise

disadvantaged and is underserved with respect to the existing

recreational opportunities in the area.

5. The commissioner and a municipality, public benefit 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 or

through the municipality, public benefit corporation or not-for-profit

corporation of a local heritage area or 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. Such projects shall be subject to an agreement by the

local heritage area or urban cultural park management entity to operate

or cause to be operated any public facility resulting from such project.

6. No monies shall be expended for park, recreation and historic

preservation projects except pursuant to an appropriation therefor.