2023 New York Laws › ENV - Environmental Conservation › Article 16 - Flood Control › 16-0115 - Municipal Participation in Federal Program; Raising and Disbursement of Funds; Local Cooperation Agreements.

§ 16-0115. Municipal  participation  in  federal  program;  raising  and
disbursement of funds; local cooperation agreements.
1. Prior to the commencement of any federal flood protection  project,
the governing body of any benefiting municipality or municipalities must
execute  a local cooperation agreement which will specify the cost to be
borne by the municipality. The moneys so required shall be paid by  such
benefiting  municipality or municipalities and shall be raised by tax or
pursuant to the local finance law,  or  in  accordance  with  any  local
charter or law, as the case may be. All such funds shall be paid by such
benefiting  municipality  or  municipalities  in a manner specified in a
local cooperation agreement.
2. The non-federal share of any costs related to  development  of  any
flood  control project required by the federal government shall be borne
by the state except for construction costs  which  shall  be  shared  in
accordance  with  the percentages specified in paragraphs (a) and (b) of
subdivision three of this section.
3. The assignment of responsibility for all required non-federal items
of cooperation shall be specified in the local cooperation agreement  as
follows:
(a)  the state shall bear fifty percent of those costs required by the
federal   government   including   lands,   easements,    rights-of-way,
relocations, and cash contributions if any.
(b)  the  benefiting  municipality  or municipalities shall bear fifty
percent of those costs required  by  the  federal  government  including
lands,  easements, rights-of-way, relocations, and cash contributions if
any.
(c) the costs of all lands, easements, rights-of-way  and  relocations
borne  by the state or a benefiting municipality or municipalities shall
be a  credit  against  the  respective  shares  of  the  state  and  the
benefiting municipality or municipalities.
(d)  the  operation  and maintenance of the project, once constructed,
shall  be  the  responsibility  of  the   benefiting   municipality   or
municipalities  in  accordance  with  the  guidance and direction of the
state and under the controlling principle  that  flood  control  is  the
primary purpose.
(e)  replacement  of project facilities shall be the responsibility of
the state provided that replacement is not due to deferred maintenance.
4. Notwithstanding any other provisions of this section, for any flood
control project for which a local cooperation agreement was developed or
a letter of intent  was  furnished  to  the  federal  government  before
January  first,  nineteen  hundred  eighty-seven,  the state of New York
shall not pay less  than  the  total  costs  of  all  lands,  easements,
rights-of-way,  bridges  and  relocations,  with  the exception of lands
owned  by  the  benefiting  municipality  or  municipalities   and   the
relocation  of  facilities  owned  by  the  benefiting  municipality  or
municipalities.
5. Any local cooperation agreement may include such  additional  terms
and conditions as the commissioner may determine to be necessary.