NY Pks, Rec & Hist Pres L § 17.05 (2021)
2021 New York Laws PAR - Parks, recreation and historic preservation Title C - Parks, Recreation and Historic Preservation Article 17 - Outdoor Recreation Development Bond Act 17.05 - Approval and Execution of Projects.

§ 17.05 Approval and execution of projects. 1. Marine projects. Marine projects shall not be undertaken pursuant to this article until approved by  the  commissioner. The monies appropriated for marine projects shall be paid on the audit  and  warrant  of  the  state  comptroller  on  the certificate of the commissioner.   2.  Historic  site  projects.  (a)  State  historic  site projects, as authorized pursuant to law, may be undertaken pursuant to the provisions of this article.  (b) Historic site projects to be undertaken by a municipality shall be recommended  to  the  commissioner  by  the  governing   body   of   the municipality  and,  when approved by the commissioner, may be undertaken by a municipality pursuant to any applicable provision of law.  (c) The state share of the cost of a municipal historic  site  project shall  equal  the lesser of (1) seventy-five per cent of the cost of the project, less any federal assistance received or to be received for  the project  or  (2)  fifty  per  cent  of  the cost of the project. For the purpose of determining the amount of the state  share,  the  cost  of  a project  shall  not be more than the amount set forth in the application for a  state  share  made  by  the  municipality  and  approved  by  the commissioner  pursuant  to  paragraph  (b) of this subdivision, plus any direct incidental costs approved by the state comptroller.  (d) The state share of the cost of a project  shall  be  paid  on  the audit  and  warrant  of  the state comptroller on the certificate of the commissioner and, when monies are appropriated and  available  therefor, the  entire  cost  may  be paid in the first instance by the state as an advance  subject  to  subsequent  reimbursement  of  the  share  of  the municipality.   3. State park projects. State park projects shall be undertaken by the office,  pursuant  to  this  chapter.  The  monies appropriated for such projects shall be paid on the audit and warrant of the state comptroller on the certificate of the commissioner of parks, recreation and historic preservation.   4. Forest recreation  projects.  Forest  recreation  projects  may  be undertaken   by   the   department  of  environmental  conservation,  as authorized by law. The monies appropriated for such  projects  shall  be paid  on  the  audit  and  warrant  of  the  state  comptroller  on  the certificate of the commissioner of environmental conservation.   5. Municipal park projects. (a) Municipal park projects shall  not  be undertaken  pursuant to this article until approved by the commissioner. Projects shall be recommended to the commissioner by the governing  body of the municipality, and when approved by the commissioner may be under- taken by a municipality pursuant to any applicable provision of law.  (b)  The  state  share  of  the cost of a municipal park project shall equal the lesser of (1)  seventy-five  per  cent  of  the  cost  of  the project,  less any federal assistance received or to be received for the project and (2) fifty per cent of the  cost  of  the  project.  For  the purpose  of  determining  the  amount  of the state share, the cost of a project shall not be more than the amount set forth in  the  application for  a  state  share  made  by  the  municipality  and  approved  by the commissioner pursuant to paragraph (a) of  this  subdivision,  plus  any direct incidental costs approved by the state comptroller.  (c)  The  state  share  of  the cost of a project shall be paid on the audit and warrant of the state comptroller on  the  certificate  of  the commissioner  and,  when monies are appropriated and available therefor, the entire cost may be paid in the first instance by  the  state  as  an advance  subject  to  subsequent  reimbursement  of  the  share  of  the municipality.    6. If the state shall advance a municipality's share of the cost of  a project,  pursuant  to  this  section, the comptroller shall certify the amount  of  the  share  so  advanced  to  such  municipality.   If   the municipality  shall  fail to repay such amount within six months of such certification,  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 project.