N.Y. Executive Law § 153: Specific powers, functions and duties

§ 153. Specific powers, functions and duties. The department of state

shall have the following specific powers, functions and duties:

1. (a) To act as the official state planning agency for all of the

purposes of sections seven hundred one and seven hundred three of the

federal housing act of nineteen hundred fifty-four, as heretofore and

hereafter amended, except as otherwise provided by law.

(b) To act as agent for, and enter into contracts and otherwise

cooperate with, the federal government in connection with the authority

referred to in paragraph (a) of this subdivision, and as such agent to

administer any grant or advance of funds for the assistance of any such

activities to the state, or through the state to the governing bodies of

municipalities, legally constituted metropolitan or regional planning

agencies, and tribal councils or other legally constituted tribal bodies

for planning for an Indian reservation located within the territorial

jurisdiction of the state of New York, complying with the provisions of

such grants or advances.

(c) To present any claim, other than claims required by law to be

presented by the commissioner of transportation, to the federal

government or any agency or official thereof with respect to the funds

made available for the purposes specified in paragraphs (a) and (b) of

this subdivision.

(d) To enter into a contract or contracts with any municipality,

legally constituted metropolitan or regional planning agency, or tribal

council or other legally constituted tribal body for planning for an

Indian reservation located within the territorial jurisdiction of the

state of New York, in connection with the authority provided in

paragraph (a) of this subdivision for grants to be made to such

municipality, planning agency or tribal council or other legally

constituted tribal body by the state, within amounts appropriated

therefor, for planning projects approved by the secretary, which

contracts shall provide that the approved cost of a planning project,

over and above the amount which may be received from federal grants

therefor, shall be borne in an amount not to exceed one-half thereof by

the state pursuant to such contracts and the remainder thereof out of

local funds appropriated therefor by such municipality, planning agency

or tribal council or other legally constituted tribal body.

2. To act as the official agent of the state for the purpose of

administering, carrying out and otherwise cooperating with the federal

government in connection with the provisions of the federal Appalachian

regional development act of nineteen hundred sixty-five as heretofore

and hereafter amended; to apply for, accept, and expend funds made

available by the federal government pursuant to such federal acts and

enter into any necessary contracts or compacts in connection therewith;

and to take any further action which may be required under the terms of

any such federal act.

3. To act as the official agent of the state for the purpose of

administering, carrying out and otherwise cooperating with the federal

government in connection with the provisions of the federal public works

and economic development act of nineteen hundred sixty-five, as

heretofore and hereafter amended; to apply for, accept, and expend funds

made available by the federal government pursuant to such federal acts

and enter into any necessary contracts or compacts in connection

therewith; to review and approve overall economic development programs

prepared under the provisions of such federal acts as to the

qualifications of the area or district organization and the adequacy and

reasonableness of such programs, and every political subdivision of the

state, or private or public non-profit organization or association

submitting an overall economic development program to the federal

government must submit such overall economic development program for

review by the department of state; to act on behalf of the political

subdivisions of the state in connection with making findings that

projects for which financial assistance is sought under the provisions

of such federal acts are consistent with an overall program for the

economic development of the area; and to take any further action which

may be required under the terms of any such federal acts, including but

not limited to delineating economic development districts and economic

development regions and providing for the administration of such

districts and regions in any manner deemed appropriate by the

department, except that with regard to section three hundred two of such

act, the governor shall designate the official agent of the state for

the purpose of administering, carrying out and otherwise cooperating

with the federal government in connection with the provisions of such

section.

5. (a) To make or contract to make, within appropriations therefor,

state grants to municipalities to cover fifty per centum of the costs to

municipalities of preparing applications to the federal government for

federal assistance for the planning of comprehensive city demonstration

programs as authorized under title one of the demonstration cities and

metropolitan development act of nineteen hundred sixty-six as modified

by the provisions of title I of the housing and community development

act of nineteen hundred seventy-four, and any federal laws as heretofore

and hereafter amended, as such costs shall be certified by the

municipality and approved by the secretary of state.

(b) In the case of municipalities which have contracted with the

federal government for a federal grant to assist in financing the costs

of planning comprehensive city demonstration programs under the

authority referred to in paragraph (a) of this subdivision, to make or

contract to make, within appropriations therefor, state grants to such

municipalities to cover fifty per centum of the net cost to the

municipality of undertaking and completing such planning, exclusive of

any federal assistance, as such net cost shall be certified by the

municipality and approved by the secretary of state, but in no event

shall such state grants exceed one-eighth of the federal grant.

(c) In the case of municipalities which have had applications approved

by the federal government for federal assistance for the planning of

comprehensive city demonstration programs under the authority referred

to in paragraph (a) of this subdivision, but for which federal funds are

not then available, to make or contract to make, within appropriations

therefor, state grants to such municipalities in an amount not to exceed

ninety per centum of the reasonably anticipated costs of undertaking and

completing such planning, as such costs shall be certified by the

municipality and approved by the secretary of state; provided, however,

that no such grant shall be made unless the municipality agrees to repay

such grant out of federal funds made available to the municipality for

such planning, when and to the extent such federal funds are made

available.

(d) In carrying out the functions, powers and duties prescribed in

paragraphs (a), (b) and (c) of this subdivision and in developing plans

and applications under title one of the housing and community

development act of nineteen hundred seventy-four, to provide such

technical assistance to the municipalities as the secretary of state

determines to be appropriate.

6. The department of taxation and finance is hereby designated to

accept and receive all grants and advances from the federal government

pursuant to the provisions of sections seven hundred one and seven

hundred three of the federal housing act of nineteen hundred fifty-four

and the provisions of the federal Appalachian regional development act

of nineteen hundred sixty-five and the federal public works and economic

development act of nineteen hundred sixty-five and the federal fire

prevention and control act of nineteen hundred seventy-four, as such

acts may be amended from time to time, which are provided for the

purposes specified in subdivisions one, two, three, four and five of

this section and all moneys so accepted and received shall be deposited

by the department of taxation and finance in special funds for use

exclusively for the purposes for which such grants or advances were

made. Payment from such special funds shall be made upon audit and

warrant of the comptroller upon vouchers approved by the secretary.

7. Nothing contained in this section shall be deemed to derogate or

detract in any way from the functions, powers and duties prescribed by

law of any state department or agency or any municipality, nor to

interrupt or preclude the direct relationships of any such department or

agency with any such municipality for the carrying out of such

functions, powers and duties.