NY Env Conserv L § 54-0903 (2021)
2021 New York Laws ENV - Environmental Conservation Article 54 - Environmental Protection Act Title 9 - Park, Recreation and Historic Preservation Projects 54-0903 - Approval and Execution of Projects.

§ 54-0903. Approval and execution of projects.1.  State historic preservation projects may be undertaken pursuant to   the provisions of this article and other applicable  provisions  of  law   only with the approval of the commissioner.2.  All  historic  preservation  projects, municipal park projects and   heritage area projects shall be undertaken in the  state  of  New  York.   Except  for  state  projects  undertaken by the office at state historic   properties, the total amount of the state assistance payments toward the   cost of any such project shall in no event exceed fifty percent  of  the   cost, provided however, that in the case of a project located in an area   which, according to the most recent census data available, has a poverty   rate  of  at  least  ten percent for the year to which the data relates,   state assistance payments toward the cost of any such project  shall  in   no  event  exceed  seventy-five  percent of the cost. For the purpose of   determining the amount of the state assistance payments, the cost of the   project shall not be more than the amount set forth in  the  application   for  state  assistance  payments approved by the commissioner. The state   assistance payments toward the cost of a project shall be paid on  audit   and warrant of the state comptroller on a certificate of availability of   the director of the budget.3.  a.  The  commissioner and a municipality may enter into a contract   for the undertaking by the  municipality  of  an  historic  preservation   project.    Such  historic preservation projects shall be recommended to   the commissioner by the governing body of  the  municipality  and,  when   approved  by  the  commissioner,  may  be undertaken by the municipality   pursuant to this title and any other applicable provision of law.b. The commissioner and a not-for-profit corporation may enter into  a   contract  for  the  undertaking  by the not-for-profit corporation of an   historic preservation project. Such  an  historic  preservation  project   shall  be  recommended  to  the  commissioner by the governing body of a   not-for-profit corporation which demonstrates to the satisfaction of the   commissioner that it  is  capable  of  operating  and  maintaining  such   property   for   the  benefit  of  the  public.  Upon  approval  by  the   commissioner, such project may be undertaken pursuant to the  provisions   of this title and any other applicable provision of law.4.  a.  The  commissioner and a municipality may enter into a contract   for the undertaking by the municipality of  a  municipal  park  project.   Municipal  park projects shall be recommended to the commissioner by the   governing  body  of  the  municipality,  and  when   approved   by   the   commissioner,  may  be  undertaken  by the municipality pursuant to this   title and any other applicable  provisions  of  law.  The  office  shall   assess   existing   parks   and   recreational   opportunities   in  the   municipalities where the municipal park project  is  located  and  shall   give  preference to projects which are in or primarily serve areas where   demographic and other relevant data for such areas demonstrate that  the   areas  are  densely populated and have sustained physical deterioration,   decay, neglect or disinvestment, or where a  substantial  proportion  of   the   residential   population   is   of  low  income  or  is  otherwise   disadvantaged  and  is  underserved  with  respect   to   the   existing   recreational opportunities in the area.b.  The commissioner and a not-for-profit corporation may enter into a   contract for the undertaking by  the  not-for-profit  corporation  of  a   municipal  park  project.  Such  a contract shall be contingent upon the   approval of the governing body of each municipality in which the project   is located. Such a project shall be recommended to the  commissioner  by   the governing body of a not-for-profit corporation which demonstrates to   the satisfaction of the commissioner that it is capable of operating and   maintaining such project for the benefit of the public. Upon approval by    the  commissioner,  such  project  may  be  undertaken  pursuant  to the   provisions of this title and any other applicable provision of law.  The   office shall assess existing parks and recreational opportunities in the   municipalities  where  the  municipal  park project is located and shall   give preference to projects which are in or primarily serve areas  where   demographic  and other relevant data for such areas demonstrate that the   areas are densely populated and have sustained  physical  deterioration,   decay,  neglect  or  disinvestment, or where a substantial proportion of   the  residential  population  is  of  low   income   or   is   otherwise   disadvantaged   and   is   underserved  with  respect  to  the  existing   recreational opportunities in the area.5. The commissioner and a municipality, public benefit corporation  or   not-for-profit  corporation  may  enter  into a contract, subject to the   approval of the director of  the  budget,  for  the  undertaking  by  or   through  the  municipality, public benefit corporation or not-for-profit   corporation of a local heritage area  or  urban  cultural  park  project   including parkwide and district projects identified in a management plan   prepared pursuant to section 35.05 of the parks, recreation and historic   preservation  law. Such projects shall be subject to an agreement by the   local heritage area or urban cultural park management entity to  operate   or cause to be operated any public facility resulting from such project.6.  No  monies  shall  be  expended  for park, recreation and historic   preservation projects except pursuant to an appropriation therefor.