N.Y. ENV Law § 16-0115 — New York Code / Act ENV / Article 16 / Section 16-0115
Municipal participation in federal program; raising and disbursement of funds; local cooperation agreements
Status: in_force

§ 16-0115. Municipal participation in federal program; raising and\n             disbursement of funds; local cooperation agreements.\n  1. Prior to the commencement of any federal flood protection project,\nthe governing body of any benefiting municipality or municipalities must\nexecute a local cooperation agreement which will specify the cost to be\nborne by the municipality. The moneys so required shall be paid by such\nbenefiting municipality or municipalities and shall be raised by tax or\npursuant to the local finance law, or in accordance with any local\ncharter or law, as the case may be. All such funds shall be paid by such\nbenefiting municipality or municipalities in a manner specified in a\nlocal cooperation agreement.\n  2. The non-federal share of any costs related to development of any\nflood control project required by the federal government shall be borne\nby the state except for construction costs which shall be shared in\naccordance with the percentages specified in paragraphs (a) and (b) of\nsubdivision three of this section.\n  3. The assignment of responsibility for all required non-federal items\nof cooperation shall be specified in the local cooperation agreement as\nfollows:\n  (a) the state shall bear fifty percent of those costs required by the\nfederal government including lands, easements, rights-of-way,\nrelocations, and cash contributions if any.\n  (b) the benefiting municipality or municipalities shall bear fifty\npercent of those costs required by the federal government including\nlands, easements, rights-of-way, relocations, and cash contributions if\nany.\n  (c) the costs of all lands, easements, rights-of-way and relocations\nborne by the state or a benefiting municipality or municipalities shall\nbe a credit against the respective shares of the state and the\nbenefiting municipality or municipalities.\n  (d) the operation and maintenance of the project, once constructed,\nshall be the responsibility of the benefiting municipality or\nmunicipalities in accordance with the guidance and direction of the\nstate and under the controlling principle that flood control is the\nprimary purpose.\n  (e) replacement of project facilities shall be the responsibility of\nthe state provided that replacement is not due to deferred maintenance.\n  4. Notwithstanding any other provisions of this section, for any flood\ncontrol project for which a local cooperation agreement was developed or\na letter of intent was furnished to the federal government before\nJanuary first, nineteen hundred eighty-seven, the state of New York\nshall not pay less than the total costs of all lands, easements,\nrights-of-way, bridges and relocations, with the exception of lands\nowned by the benefiting municipality or municipalities and the\nrelocation of facilities owned by the benefiting municipality or\nmunicipalities.\n  5. Any local cooperation agreement may include such additional terms\nand conditions as the commissioner may determine to be necessary.\n