N.Y. Environmental Conservation Law § 54-1109: Contracts for state assistance payments for coastal rehabilitation

§ 54-1109. Contracts for state assistance payments for coastal

rehabilitation.

1. The commissioner may, in the name of the state, enter into

contracts with municipalities or not-for-profit corporations, to provide

state assistance payments toward the cost of coastal rehabilitation

projects which shall include the following provisions:

a. an estimate of the costs of the project as determined by the

commissioner;

b. an agreement by the commissioner to make state assistance payments

toward the cost of the project by periodically reimbursing the

municipality or not-for-profit corporation during the progress of

project development or following completion of the project as may be

agreed upon by the parties, in an amount not to exceed the amounts

established elsewhere in this title; and

c. an agreement by the municipality or not-for-profit corporation:

(i) to proceed expeditiously with and complete the project as approved

by the commissioner;

(ii) to undertake and maintain the coastal rehabilitation project in

accordance with applicable law and rules and regulations;

(iii) to provide for the payment of the municipality's or

not-for-profit corporation's share of the cost of the project;

(iv) to assume the full cost of any additional elements or continued

operation of the project;

(v) to repay within one year of notification by the commissioner, any

state assistance payments made toward the cost of the project or an

equitable portion of such monies declared appropriate by the

commissioner, if the municipality or not-for-profit corporation fails to

complete the project as approved. No repayment, however, shall be

required where the commissioner determines that such failure,

disposition or change of use was immediately necessary to protect public

health and safety;

(vi) to apply for and make reasonable efforts to secure federal

assistance for the project; and

(vii) to not sell, lease, or otherwise dispose of or use lands

rehabilitated under this title for any purpose inconsistent with the

project for a period of seven years from the commissioner's approval of

the project.

2. In connection with each contract, the commissioner shall keep

adequate records of the amount of the payment by the state and of the

amount of federal assistance, if any, received by the municipality or

not-for-profit corporation. Such records shall be retained by the

commissioner and shall establish the basis for recalculation of the

state payment as required herein.