2023 New York Laws › ENV - Environmental Conservation › Article 54 - Environmental Protection Act › Title 15 - Climate Smart Community Projects › 54-1515 - Contracts for State Assistance Payments for Climate Smart Community Projects.

§ 54-1515. Contracts  for  state  assistance  payments for climate smart
community projects.
1. After approval of the application, the  commissioner  may,  in  the
name  of the state, enter into contracts with municipalities, to provide
state assistance payments toward the cost  of  climate  smart  community
projects, which shall include the following provisions:
a.  an  estimate  of  the  costs  of  the project as determined by the
commissioner;
b. an agreement by the commissioner to make state assistance  payments
toward   the  cost  of  the  project  by  periodically  reimbursing  the
municipality during the progress of  project  development  or  following
completion  of  the  project as may be agreed upon by the parties, in an
amount not to exceed the amounts established elsewhere  in  this  title;
and
c. an agreement by the municipality:
(i) to proceed expeditiously with and complete the project as approved
by the commissioner;
(ii)  to undertake and maintain the climate smart community project in
accordance with applicable law and rules and regulations;
(iii) to provide for the payment of the municipality's  share  of  the
cost of the project;
(iv)  to  assume the full cost of any additional elements or continued
operation of the project;
(v) to repay within one year of notification by the commissioner,  any
state  assistance  payments  made  toward  the cost of the project or an
equitable  portion  of  such  monies   declared   appropriate   by   the
commissioner,  if  the  municipality  fails  to  complete the project as
approved. No repayment, however, shall be required where the  commission
determines   that  such  failure,  disposition  or  change  of  use  was
immediately necessary to protect public health and safety; and
(vi) to apply for  and  make  reasonable  efforts  to  secure  federal
assistance for the project.
2.  In  connection  with  each  contract,  the commissioner shall keep
adequate records of the amount of the payment  by  the  state,  if  any,
received  by  the  municipality.  Such  records shall be retained by the
commissioner and shall establish the  basis  for  recalculation  of  the
state payment as required herein.
3.  The  commissioner  shall  impose such contractual requirements and
conditions  upon  any  municipality  which  receives  state   assistance
payments  pursuant  to this title as may be necessary and appropriate to
ensure that a public benefit shall accrue from the use of  public  funds
by  such  municipality. Such conditions shall include limitations on the
right  of  the  municipality  to  demolish  or  convey  such   property,
provisions  for  public  access  or use where appropriate, a requirement
that all plans for restoration, rehabilitation, improvement,  demolition
or other physical change must be subject to the commissioner's approval,
and  such  other  conditions  which  shall  assure  the preservation and
protection of the project.