NY Env Conserv L § 52-0901 (2021)
2021 New York Laws ENV - Environmental Conservation Article 52 - Implementation of Environmental Quality Bond Act of 1986 Title 9 - Historic Preservation, Municipal Park and Urban Cultural Parks Projects 52-0901 - Approval and Execution of Projects.

§ 52-0901. Approval and execution of projects.1.  State  historic preservation projects. State historic preservation   projects may be undertaken pursuant to the provisions  of  this  article   only with the approval of the commissioner.2.  Municipal  historic  preservation projects. The commissioner and a   municipality may enter into  a  contract  for  the  undertaking  by  the   municipality  of  a  municipal  historic preservation project. Municipal   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. The state share of the   cost of a municipal preservation project in no event shall exceed  fifty   percent  of  the  cost,  less  any  federal assistance received or to be   received for the project. To assure the availability  of  funds  for  as   wide  a  range  of  projects  as  possible, the commissioner may, in his   discretion, limit the dollar amount that may be made available  for  any   project.  For  the purpose of determining the amount of the state share,   the cost of the project shall not be more than the amount set  forth  in   the application for a state share made by a municipality and approved by   the commissioner. The state share of 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. Not-for-profit historic preservation projects. The commissioner and   a  not-for-profit  corporation  may  enter  into  a  contract  for   the   undertaking  by  the  not-for-profit  corporation  of  a  not-for-profit   historic preservation project. A  not-for-profit  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. The state share   of  the  cost of a not-for-profit historic preservation project shall in   no event exceed fifty percent of the cost,  less  any  state  assistance   from  any  source other than pursuant to this title and less any federal   assistance, received or to be received for such project. To  assure  the   availability  of  funds for as wide a range of projects as possible, the   commissioner may, in his discretion, limit the dollar amount that may be   made available for any project.  For  the  purpose  of  determining  the   amount  of  the  state  share, the cost of the project shall not be more   than the amount set forth in the application for a state share made by a   not-for-profit corporation and approved by the commissioner.  The  state   share  of  the  costs of a project shall be paid on audit and warrant of   the state comptroller on certificate of availability of the director  of   the budget.4.  Municipal  park  projects. 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   state  share  of  the cost of a municipal park project in no event shall   exceed fifty percent of the approved  project  cost,  less  any  federal   assistance  received  or  to  be received for the project. To assure the   availability of funds for as wide a range of projects as  possible,  the   commissioner may, in his discretion, limit the dollar amount that may be   made  available  for  any  project.  For  the purpose of determining the   amount of the state share, the cost of the project  shall  not  be  more    than the amount set forth in the application for a state share made by a   municipality  and  approved  by the commissioner. The state share of the   cost of a project shall be paid  on  audit  and  warrant  of  the  state   comptroller  on  certificate  of  availability  of  the  director of the   budget.5. Urban cultural park projects. a. State urban cultural  park  system   projects   including   state  environmental,  cultural  or  recreational   facilities and sites within state designated urban  cultural  parks  and   interpretive/visitor  center  facilities  in  each  such  park  as  such   projects are identified  in  a  management  plan  prepared  pursuant  to   section  35.05  of  the  parks, recreation and historic preservation law   shall be undertaken pursuant to the provisions of this article only with   the approval of the commissioner and the director of the  budget.    The   state  share  of  interpretive/visitor center facility projects shall be   one hundred percent of the cost and such projects shall be subject to an   agreement by the local urban cultural park management entity to  operate   such facility.b. Local urban cultural park resource projects. The commissioner and a   municipality, public 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  the  municipality,  public   corporation   or   not-for-profit  corporation  of  a  local  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. To assure the availability of  funds  for  as  wide  a   range  of projects as possible, the commissioner may, in his discretion,   limit the dollar amount that may be made available for any project.  For   the  purpose  of  determining the amount of the state share, the cost of   the project shall  not  be  more  than  the  amount  set  forth  in  the   application   for  a  state  share  made  by  the  municipality,  public   corporation  or  not-for-profit  corporation   and   approved   by   the   commissioner.  The state share of the cost of a project shall be paid on   audit  and  warrant  of  the  state  comptroller   on   certificate   of   availability of the director of the budget.