N.Y. Environmental Conservation Law § 54-1101: Local waterfront revitalization programs

§ 54-1101. Local waterfront revitalization programs.

1. The secretary is authorized to provide on a competitive basis,

within amounts appropriated, state assistance payments and/or technical

assistance as defined in section nine hundred seventeen of the executive

law, to municipalities toward the development of any local waterfront

revitalization program, pursuant to article forty-two of the executive

law including planning projects to mitigate future physical climate

risks and updates to existing local waterfront revitalization program

plans to mitigate future physical climate risks. Eligible costs include

planning, studies, preparation of local laws, and construction projects.

2. State assistance payments and/or technical assistance, as defined

in section nine hundred seventeen of the executive law, shall not exceed

seventy-five percent of the cost of the program provided, however, in

environmental justice communities, such assistance payments and/or

technical assistance shall not exceed eighty-five percent of the cost of

the program. For the purpose of determining the amount of state

assistance payments, costs shall not be more than the amount set forth

in the application for state assistance payments approved by the

secretary. The state assistance payments shall be paid on audit and

warrant of the state comptroller on a certificate of availability of the

director of the budget.

3. The secretary shall have the power to approve vouchers for payments

pursuant to an approved contract.

4. No moneys shall be expended as authorized by this section except

pursuant to an appropriation therefor.

5. The secretary shall impose such contractual requirements and

conditions upon any municipality which receives state assistance

payments pursuant to this article as may be necessary and appropriate to

ensure that a public benefit shall accrue from the use of such funds by

the municipality including but not limited to, a demonstration that

future physical climate risk due to sea level rise, and/or storm surges

and/or flooding, based on available data predicting the likelihood of

future extreme weather events, including hazard risk analysis data if

applicable, has been considered.