N.Y. Navigation Law § 142: Local marine facilities

§ 142. Local marine facilities. (a) The commissioner is hereby

authorized to enter into agreements with municipalities, and

municipalities are hereby authorized to enter into agreements with the

commissioner, concerning the construction, operation and maintenance of

local marine facilities, including local marine facilities incidental to

a harbor of refuge.

(b) Any such agreement shall include a provision for the construction

of the facility, either by the municipality or by the state on behalf of

the municipality, in accordance with plans approved by the commissioner,

and any such agreement shall include a provision requiring operation and

maintenance of the facility by the municipality.

(c) In any such agreement the state may agree, within amounts

appropriated therefor as allocated by the director of the budget, to pay

to the municipality an amount to be determined by the commissioner not

to exceed the lesser of (1) seventy-five per cent of the cost of the

facility, less any federal assistance received or to be received for the

facility and (2) fifty per cent of the cost of the facility; except that

when the facility is constructed by the state on behalf of the

municipality, the municipality shall agree to reimburse the state in an

amount to be determined by the commissioner not to be less than the cost

of the facility less the sum of (1) any federal assistance received or

to be received for the facility and (2) the lesser of (i) seventy-five

per cent of the cost of the facility, less any federal assistance

received or to be received for the facility and (ii) fifty per cent of

the cost of the facility. Whenever two or more municipalities agree to

participate in a project, such municipalities, by agreement with the

commissioner and each other, shall agree to an equitable sharing of the

local share of the cost of the project.

(d) In the event a municipality shall fail to pay to the state the

municipality's share of the cost of a facility constructed by the state

on behalf of the municipality within six months of the certification to

the municipality by the state comptroller of the amount of such share,

the state comptroller shall cause to be withheld from state assistance

to which such municipality would otherwise be entitled, a sum sufficient

to reimburse the state for any amount remaining unpaid, together with

interest on any such unpaid amount at the rate of three per cent per

annum from the date of such certification. Monies so withheld shall be

credited against the amount of principal and interest payable by such

municipality for its share of the cost of the facility.