2023 New York Laws › EXC - Executive › Article 6-B - Services to Localities › 153 - Specific Powers, Functions and Duties.

§ 153. Specific  powers, functions and duties. The department of state
shall have the following specific powers, functions and duties:
1. (a) To act as the official state planning agency  for  all  of  the
purposes  of  sections  seven hundred one and seven hundred three of the
federal housing act of nineteen hundred fifty-four,  as  heretofore  and
hereafter amended, except as otherwise provided by law.
(b)  To  act  as  agent  for,  and  enter into contracts and otherwise
cooperate with, the federal government in connection with the  authority
referred  to  in paragraph (a) of this subdivision, and as such agent to
administer any grant or advance of funds for the assistance of any  such
activities to the state, or through the state to the governing bodies of
municipalities,  legally  constituted  metropolitan or regional planning
agencies, and tribal councils or other legally constituted tribal bodies
for planning for an Indian reservation located  within  the  territorial
jurisdiction  of the state of New York, complying with the provisions of
such grants or advances.
(c) To present any claim, other than claims  required  by  law  to  be
presented   by  the  commissioner  of  transportation,  to  the  federal
government or any agency or official thereof with respect to  the  funds
made  available  for the purposes specified in paragraphs (a) and (b) of
this subdivision.
(d) To enter into a  contract  or  contracts  with  any  municipality,
legally  constituted metropolitan or regional planning agency, or tribal
council or other legally constituted tribal body  for  planning  for  an
Indian  reservation  located  within the territorial jurisdiction of the
state of  New  York,  in  connection  with  the  authority  provided  in
paragraph  (a)  of  this  subdivision  for  grants  to  be  made to such
municipality,  planning  agency  or  tribal  council  or  other  legally
constituted  tribal  body  by  the  state,  within  amounts appropriated
therefor,  for  planning  projects  approved  by  the  secretary,  which
contracts  shall  provide  that the approved cost of a planning project,
over and above the amount which may  be  received  from  federal  grants
therefor,  shall be borne in an amount not to exceed one-half thereof by
the state pursuant to such contracts and the remainder  thereof  out  of
local  funds appropriated therefor by such municipality, planning agency
or tribal council or other legally constituted tribal body.
2. To act as the official agent  of  the  state  for  the  purpose  of
administering,  carrying  out and otherwise cooperating with the federal
government in connection with the provisions of the federal  Appalachian
regional  development  act  of nineteen hundred sixty-five as heretofore
and hereafter amended; to apply  for,  accept,  and  expend  funds  made
available  by  the  federal government pursuant to such federal acts and
enter into any necessary contracts or compacts in connection  therewith;
and  to take any further action which may be required under the terms of
any such federal act.
3. To act as the official agent  of  the  state  for  the  purpose  of
administering,  carrying  out and otherwise cooperating with the federal
government in connection with the provisions of the federal public works
and  economic  development  act  of  nineteen  hundred  sixty-five,   as
heretofore and hereafter amended; to apply for, accept, and expend funds
made  available  by the federal government pursuant to such federal acts
and enter  into  any  necessary  contracts  or  compacts  in  connection
therewith;  to  review and approve overall economic development programs
prepared  under  the  provisions  of  such  federal  acts  as   to   the
qualifications of the area or district organization and the adequacy and
reasonableness  of such programs, and every political subdivision of the
state, or private  or  public  non-profit  organization  or  association
submitting  an  overall  economic  development  program  to  the federal

government must submit such overall  economic  development  program  for
review  by  the  department  of state; to act on behalf of the political
subdivisions of the  state  in  connection  with  making  findings  that
projects  for  which financial assistance is sought under the provisions
of such federal acts are consistent with  an  overall  program  for  the
economic  development  of the area; and to take any further action which
may be required under the terms of any such federal acts, including  but
not  limited  to delineating economic development districts and economic
development  regions  and  providing  for  the  administration  of  such
districts   and   regions  in  any  manner  deemed  appropriate  by  the
department, except that with regard to section three hundred two of such
act, the governor shall designate the official agent of  the  state  for
the  purpose  of  administering,  carrying out and otherwise cooperating
with the federal government in connection with the  provisions  of  such
section.
5.  (a)  To  make or contract to make, within appropriations therefor,
state grants to municipalities to cover fifty per centum of the costs to
municipalities of preparing applications to the federal  government  for
federal  assistance for the planning of comprehensive city demonstration
programs as authorized under title one of the demonstration  cities  and
metropolitan  development  act of nineteen hundred sixty-six as modified
by the provisions of title I of the housing  and  community  development
act of nineteen hundred seventy-four, and any federal laws as heretofore
and  hereafter  amended,  as  such  costs  shall  be  certified  by  the
municipality and approved by the secretary of state.
(b) In the case of  municipalities  which  have  contracted  with  the
federal  government for a federal grant to assist in financing the costs
of  planning  comprehensive  city  demonstration  programs   under   the
authority  referred  to in paragraph (a) of this subdivision, to make or
contract to make, within appropriations therefor, state grants  to  such
municipalities  to  cover  fifty  per  centum  of  the  net  cost to the
municipality of undertaking and completing such planning,  exclusive  of
any  federal  assistance,  as  such  net  cost shall be certified by the
municipality and approved by the secretary of state,  but  in  no  event
shall such state grants exceed one-eighth of the federal grant.
(c) In the case of municipalities which have had applications approved
by  the  federal  government  for federal assistance for the planning of
comprehensive city demonstration programs under the  authority  referred
to in paragraph (a) of this subdivision, but for which federal funds are
not  then  available, to make or contract to make, within appropriations
therefor, state grants to such municipalities in an amount not to exceed
ninety per centum of the reasonably anticipated costs of undertaking and
completing such planning, as  such  costs  shall  be  certified  by  the
municipality  and approved by the secretary of state; provided, however,
that no such grant shall be made unless the municipality agrees to repay
such grant out of federal funds made available to the  municipality  for
such  planning,  when  and  to  the  extent  such federal funds are made
available.
(d) In carrying out the functions, powers  and  duties  prescribed  in
paragraphs  (a), (b) and (c) of this subdivision and in developing plans
and  applications  under  title  one  of  the  housing   and   community
development  act  of  nineteen  hundred  seventy-four,  to  provide such
technical assistance to the municipalities as  the  secretary  of  state
determines to be appropriate.
6.  The  department  of  taxation  and finance is hereby designated to
accept and receive all grants and advances from the  federal  government
pursuant  to  the  provisions  of  sections  seven hundred one and seven
hundred three of the federal housing act of nineteen hundred  fifty-four

and  the  provisions of the federal Appalachian regional development act
of nineteen hundred sixty-five and the federal public works and economic
development act of nineteen hundred  sixty-five  and  the  federal  fire
prevention  and  control  act  of nineteen hundred seventy-four, as such
acts may be amended from time  to  time,  which  are  provided  for  the
purposes  specified  in  subdivisions  one, two, three, four and five of
this section and all moneys so accepted and received shall be  deposited
by  the  department  of  taxation  and  finance in special funds for use
exclusively for the purposes for which  such  grants  or  advances  were
made.  Payment  from  such  special  funds  shall be made upon audit and
warrant of the comptroller upon vouchers approved by the secretary.
7. Nothing contained in this section shall be deemed  to  derogate  or
detract  in  any way from the functions, powers and duties prescribed by
law of any state department  or  agency  or  any  municipality,  nor  to
interrupt or preclude the direct relationships of any such department or
agency  with  any  such  municipality  for  the  carrying  out  of  such
functions, powers and duties.