N.Y. Environmental Conservation Law § 54-1511: State assistance payments for climate smart community projects

§ 54-1511. State assistance payments for climate smart community

projects.

1. Unless otherwise specified by law, the commissioner is authorized

to provide on a competitive basis, within amounts appropriated, state

assistance payments to a municipality toward the cost of any climate

smart community 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, except

that such determination shall not apply to rebates for eligible

purchases pursuant to section 54-1521 of this title.

2. The commissioner and a municipality may enter into a contract for

the undertaking of a climate smart community project. Such project shall

be recommended to the commissioner by the governing body of the

municipality, and when approved by the commissioner, undertaken by the

municipality 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, provided however

if a municipality meets criteria established by the department relating

to either financial hardship or disadvantaged communities pursuant to

section 75-0101 of this chapter, the commissioner may authorize state

assistance payments of up to eighty 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. A determination of financial hardship shall be based on

criteria that clearly indicates that the municipality is experiencing

significant and widespread financial distress, with primary

consideration given to whether a municipality has a median household

income at or below eighty percent of the state median household income.

4. 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.