N.Y. Environmental Conservation Law § 54-1515: Contracts for state assistance payments for climate smart community projects

§ 54-1515. Contracts for state assistance payments for climate smart

community projects.

1. After approval of the application, the commissioner may, in the

name of the state, enter into contracts with municipalities, to provide

state assistance payments toward the cost of climate smart community

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 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:

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

by the commissioner;

(ii) to undertake and maintain the climate smart community project in

accordance with applicable law and rules and regulations;

(iii) to provide for the payment of the municipality'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 fails to complete the project as

approved. No repayment, however, shall be required where the commission

determines that such failure, disposition or change of use was

immediately necessary to protect public health and safety; and

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

assistance for the project.

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

adequate records of the amount of the payment by the state, if any,

received by the municipality. Such records shall be retained by the

commissioner and shall establish the basis for recalculation of the

state payment as required herein.

3. The commissioner shall impose such contractual requirements and

conditions upon any municipality which receives state assistance

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

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

by such municipality. Such conditions shall include limitations on the

right of the municipality to demolish or convey such property,

provisions for public access or use where appropriate, a requirement

that all plans for restoration, rehabilitation, improvement, demolition

or other physical change must be subject to the commissioner's approval,

and such other conditions which shall assure the preservation and

protection of the project.