N.Y. Environmental Conservation Law § 54-1105: State assistance payments for coastal rehabilitation projects

§ 54-1105. State assistance payments for coastal rehabilitation

projects.

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

within amounts appropriated, state assistance payments to a municipality

or a not-for-profit corporation toward the cost of any coastal

rehabilitation project approved by the commissioner provided that the

commissioner determines 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.

2. The commissioner and a municipality or not-for-profit corporation

may enter into a contract for the undertaking of a coastal

rehabilitation project. Such project shall be recommended to the

commissioner by the governing body of the municipality or not-for-profit

corporation as that term is defined pursuant to subdivision six of

section 54-0101, and when approved by the commissioner, undertaken by

the municipality or not-for-profit corporation pursuant to this article

and any other applicable provisions of law.

3. State assistance payments shall not exceed fifty percent of the

project cost or two million dollars, whichever is less. Such costs are

subject to final computation and determination by the commissioner upon

completion of the project, and shall not exceed the maximum eligible

cost set forth in the contract.

4. Prior to processing applications for state assistance payments

toward the cost of coastal rehabilitation projects, the commissioner

shall promulgate rules and regulations which shall include criteria for

determining eligible expenditures and procedures for governing the

commitment and disbursement of funds appropriated in accordance with

this title. The commissioner shall also promulgate rules and regulations

which shall include application procedures, review processes, and

project approval guidelines and criteria consistent with section

54-1107.