reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter B - New York State Historic Preservation Act Of 1980 › Part 428 - State Agency Activities Affecting Historic Or Cultural Properties › Section 428.10 - Consultation process: letter of resolution

Current through Register Vol. 46, No. 28, July 10, 2024
The dialogue contemplated by sections
						428.8
						and
						428.9 
						of this Part should, if at all possible, culminate in the execution of a Letter
						of Resolution between the commissioner and the undertaking agency. To this end,
						the following procedure shall be followed:
(a) After reviewing all information regarding
					 the proposed undertaking and after any on-site inspection or public hearings,
					 the agency and the commissioner shall determine if there are feasible and
					 prudent alternatives which would avoid or mitigate any adverse impact of the
					 undertaking on eligible or registered property.
(b) If the commissioner and the agency agree
					 on a course of action which would avoid or satisfactorily mitigate an adverse
					 impact, their agreement shall be embodied in a Letter of Resolution, executed
					 by both parties, and specifying how the undertaking will proceed. Except for
					 submission of the certification of completion described in subdivision (c) of
					 this section execution of a Letter of Resolution will conclude the consultation
					 process.
(c) At the conclusion of
					 the undertaking the agency shall certify in writing that the undertaking has
					 been completed in accordance with a Letter of Resolution. The commissioner may
					 request drawings, photographs or other materials to document satisfactory
					 completion of the undertaking.
(d)
					 If the agency determines that there are no feasible and prudent alternatives
					 which would avoid or satisfactorily mitigate adverse impacts and also
					 determines that it is nevertheless in the public interest to proceed with the
					 undertaking, it may unilaterally terminate consultation by declaring that no
					 feasible and prudent alternative exists. The agency must give the commissioner
					 written notice of this determination which shall include the reasons for the
					 agency's decision and the facts supporting it.
(e) The agency and the commissioner may agree
					 that there are no feasible and prudent alternatives which would avoid or
					 mitigate adverse impacts but that it is nonetheless in the public interest to
					 proceed with the undertaking. In such event, the agency and the commissioner
					 shall make a joint written declaration to this effect which shall include the
					 factual basis for their decision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter B - New York State Historic Preservation Act Of 1980 › Part 428 - State Agency Activities Affecting Historic Or Cultural Properties › Section 428.11 - Individual undertakings exempt from review

Current through Register Vol. 46, No. 28, July 10, 2024
When an undertaking is exempt, the agency shall have no
						further obligations under these procedures. The following undertakings shall be
						exempt:
(a) an undertaking which has
					 been certified by the Director of the Budget, pursuant to section 10 of the New
					 York State Historic Preservation Act of 1980 (chapter 354 of the Laws of 1980),
					 as one on which substantial time, work and money have been expended prior to
					 the effective date of the act; and
(b) an undertaking which is a State project
					 necessary to prevent an immediate and imminent threat to life or
					 property.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter B - New York State Historic Preservation Act Of 1980 › Part 428 - State Agency Activities Affecting Historic Or Cultural Properties › Section 428.12 - Designation of categories of undertakings exempt from review

Current through Register Vol. 46, No. 28, July 10, 2024
At the request of an APO, the commissioner shall consider
						the designation of certain categories of undertakings as being exempt from
						review pursuant to this Part. In order to be designated by the commissioner as
						an exempt category, the category of undertaking must not be likely to change
						the quality of historic resources. The designation of exempt categories will
						occur in the following manner:
(a) The
					 APO shall make a written request to the commissioner for designation. The
					 request must be accompanied by the following documentation:
(1) a complete description of the nature of
					 all activities that would be implemented in the particular category of
					 undertaking; and
(2) a statement
					 from the APO concerning the reason(s) for believing that activities implemented
					 in the particular category of undertaking will not cause a change to any
					 registered or eligible property.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter B - New York State Historic Preservation Act Of 1980 › Part 428 - State Agency Activities Affecting Historic Or Cultural Properties › Section 428.13 - Establishment of standards for series of similar undertakings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If an agency
					 anticipates a series of similar undertakings that are not exempt from review
					 pursuant to section
					 428.11 
					 of this Part and are not in an exempt category designated pursuant to section
					 428.12,
					 but would otherwise require individual reviews, the APO may request the
					 establishment of overall standards for the implementation of the undertakings,
					 eliminating the need for a review of such undertakings on a case-by-case basis.
					 The APO shall provide:
(1) a request for
					 consultation with the commissioner; and
(2) a description of the series of similar
					 undertakings under consideration.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter B - New York State Historic Preservation Act Of 1980 › Part 428 - State Agency Activities Affecting Historic Or Cultural Properties › Section 428.14 - Changes different from those normally occurring

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding the provisions of sections
						428.12
						and
						428.13 
						of this Part, if an APO learns that any activity in an exempt category, or in a
						series of undertakings for which standards have been agreed upon, shall have a
						result different from the result contemplated in designating the category or
						establishing the standards, the agency shall review the activity as a separate
						undertaking pursuant to the provisions of sections
						428.4
						through
						428.10 
						of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter B - New York State Historic Preservation Act Of 1980 › Part 428 - State Agency Activities Affecting Historic Or Cultural Properties › Section 428.15 - State board for historic preservation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The board may review and comment in
					 writing to the commissioner on projects of its choosing which are being
					 reviewed by the commissioner. It may review and comment on environmental
					 assessments or statements submitted to it pursuant to subdivision (b) of
					 section
					 428.2 
					 of this Part. In addition, the board may review and comment, as otherwise
					 provided by law, on undertakings where it appears that any aspect of the
					 undertaking may or will cause any change, beneficial or adverse, in the quality
					 of the historic, architectural, archaeological or cultural character that
					 qualifies an historic or cultural place for listing on the State
					 Register.
(b) At the request of the
					 board, the commissioner shall provide the board with the PRDS and other
					 documentation relating to any project selected by it for review.
(c) The board may submit its comments to the
					 commissioner for his consideration and inclusion in the record relating to the
					 project.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter B - New York State Historic Preservation Act Of 1980 › Part 428 - State Agency Activities Affecting Historic Or Cultural Properties › Section 428.16 - Written record; report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 commissioner shall maintain a written record of all materials submitted to him,
					 all documents and all findings and comments thereon, and shall make them
					 available pursuant to the Freedom of Information Law and Part 463 of this
					 Title.
(b) An APO shall provide the
					 reasons for a determination that an undertaking is not subject to the review of
					 the commissioner, pursuant to section
					 428.4 
					 of this Part, to any interested party requesting this information in
					 writing.
(c) The commissioner shall
					 issue an annual report of State agency undertakings on which comment has been
					 requested and issued, including the results of the review process and
					 alternatives proposed or implemented by State agencies.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter C - COLLECTIONS › Part 429 - DISPOSAL OF WORKS OF ART OR HISTORIC OBJECTS › Section 429.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The Office of Parks, Recreation and Historic Preservation
						(office) may dispose of a work of art or historic object that has been acquired
						by the State and is surplus to the needs of the office in accordance with the
						terms and conditions set forth in this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter C - COLLECTIONS › Part 429 - DISPOSAL OF WORKS OF ART OR HISTORIC OBJECTS › Section 429.2 - Determination of need

Current through Register Vol. 46, No. 28, July 10, 2024
Prior to the disposition of a work of art or historic
						object the commissioner shall determine based upon the recommendation of the
						office's division for historic preservation that it is surplus and fits one or
						more of the following criteria:
(a)
					 the work of art or historic object is not relevant to the purposes, functions
					 or interpretive goals and policies of the office;
(b) the work of art or historic object is one
					 of several examples of a particular type or class of art or historic object in
					 the custody of the office, and these other examples adequately fulfill the
					 interpretive goals and policies of the office; or
(c) the work of art or historic object has
					 deteriorated beyond usefulness or has become wholly or partially comprised of
					 material that may be hazardous to the health or safety of staff or damaging to
					 another work of art or historic object.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter C - COLLECTIONS › Part 429 - DISPOSAL OF WORKS OF ART OR HISTORIC OBJECTS › Section 429.3 - Manner of disposal

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Deteriorated or hazardous conditions.
A work of art or historic object that has been determined
						to be surplus in accordance with the provisions of section
						429.2(c) 
						of this Part may be destroyed and disposed of in an environmentally-responsible
						manner subject to industry standards under a process known as witnessed
						destruction.
(b) A work of
					 art or historic object that has been determined to be surplus in accordance
					 with the provisions of section
					 429.2(a) or
					 (b)  of this Part may be disposed of in the
					 following manner, after being properly documented in accordance with the
					 office's collections guidelines:
(1) it shall
					 first be offered to the New York State Museum and if the State Museum fails to
					 accept this offer within 30 days, it shall be offered to State agencies allowed
					 to acquire, exhibit, preserve or interpret it; and if no State agency accepts
					 this offer within 30 days it may be:
(i)
					 donated to a public corporation;
(ii) donated to a not-for-profit corporation
					 authorized to acquire, exhibit, preserve or interpret it;
(iii) sold for fair market value;
(iv) sold for less than fair market value
					 provided the office makes a written justification on a case-by-case basis that
					 it would be in the best interests of the State; or
(v) transferred to the Office of General
					 Services with or without conditions for disposition either by public sale as
					 provided in section 167  of State Finance Law or by private
					 sale.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter C - COLLECTIONS › Part 429 - DISPOSAL OF WORKS OF ART OR HISTORIC OBJECTS › Section 429.4 - Terms and conditions

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may impose such terms or conditions upon
						the disposition of a work of art or historic object as the commissioner deems
						appropriate to encourage its conservation and preservation for the public
						benefit.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter C - COLLECTIONS › Part 429 - DISPOSAL OF WORKS OF ART OR HISTORIC OBJECTS › Section 429.5 - Restrictions on disposal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 work of art or historic object shall not be disposed of under this Part within
					 10 years of its acquisition by the State.
(b) A work of art or historic object that is
					 undocumented may be disposed of under this Part between 10 and 20 years after
					 acquisition by the State provided the disposition is first approved by a court
					 of competent jurisdiction. The office shall attempt to notify the previous
					 owner or heirs or legal representatives, however, this requirement shall be
					 deemed waived if the office is unsuccessful after making reasonable efforts to
					 locate and notify such persons.
(c)
					 A work of art or historic object that is undocumented may be disposed of under
					 this Part without court approval 20 years or more after its acquisition by the
					 State.
(d) If disposal of a
					 documented work of art or historic object is inconsistent with the terms or
					 conditions of the instrument by which title was conveyed to the State, it may,
					 nevertheless, be disposed of under this Part provided the disposition is first
					 approved by a court of competent jurisdiction. The office shall attempt to
					 notify the previous owner or heirs or legal representatives, however, this
					 requirement shall be deemed waived if the office is unsuccessful after making
					 reasonable efforts to locate and notify such persons.
(e) A work of art or historic object
					 determined to be surplus under section
					 429.2(c) 
					 of this Part may be disposed of under this Part at any time after its
					 acquisition without court approval.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter C - COLLECTIONS › Part 429 - DISPOSAL OF WORKS OF ART OR HISTORIC OBJECTS › Section 429.6 - Proceeds from Disposition

Current through Register Vol. 46, No. 28, July 10, 2024
Proceeds derived from the disposition of any property
						from the collections of the office shall be deposited into the state park
						infrastructure fund established pursuant to section 97-mm  of the State Finance
						Law and shall be used only for the acquisition of collections or for the
						preservation, protection and care of the collections or both, including related
						capital projects.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter C - COLLECTIONS › Part 429 - DISPOSAL OF WORKS OF ART OR HISTORIC OBJECTS › Section 429.7 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Deteriorated beyond usefulness
means the work of art or
					 historic object lacks significance and is in poor physical condition or has
					 suffered a substantial loss of integrity and has no intrinsic historic,
					 artistic, scientific or cultural value.
(b)
Disposal
means the
					 removal of works of art or historic objects from the office through transfer,
					 gift or sale; or the witnessed destruction of works of art or historic objects
					 that have deteriorated beyond usefulness or are hazardous.
(c)
Surplus
means does not
					 support a mission of the office and does not provide any current or future
					 public benefit.
(d)
Witnessed destruction
means two qualified staff persons from
					 the office's division for historic preservation:
(1) document the work of art or historic
					 object;
(2) make the appropriate
					 finding or findings under section
					 429.2(c) 
					 of this Part;
(3) determine the
					 work of art or historic object cannot be reconstituted or does not merit
					 extraordinary remediation or conservation efforts;
(4) witness the destruction and disposal or
					 the transfer for disposal; and
(5)
					 make and keep on file sworn and notarized affidavits outlining the findings,
					 determination and process.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter III - HISTORIC PRESERVATION › Subchapter C - COLLECTIONS › Part 429 - DISPOSAL OF WORKS OF ART OR HISTORIC OBJECTS › Section 429.8 to 429.11 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 430 - General Program Provisions › Section 430.1 - Authority and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations implement the Clean Water/Clean Air
						Bond Act of 1996, title 3 of article 56 of the Environmental Conservation Law.
						The adoption of this act represents the commitment of the Legislature, the
						Governor and the people of the State of New York to affirm New York's rightful
						place as a national leader in environmental protection and economic growth.
						Title 3 authorizes the expenditure of funds to support a wide range of park and
						heritage areas projects which contribute to the public's enjoyment and
						understanding of water and historic preservation projects which contribute to
						our cultural heritage and the environment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 430 - General Program Provisions › Section 430.2 - Definition of terms

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Subchapter, the following terms
						shall mean and include:
(a)
					 Commissioner shall mean the Commissioner of Parks, Recreation and Historic
					 Preservation.
(b) Cost shall mean
					 the cost of an approved project, which shall include appraisal, surveying,
					 engineering and architectural services, plans and specifications, consultant
					 and legal services, construction and other direct expenses incident to such
					 project less any Federal or State funds, other than those provided pursuant to
					 this Title, for such project received or to be received.
(c) Federal assistance shall mean funds
					 available, other than by loan, from the Federal government, either directly or
					 through allocation by the State for construction or program purposes pursuant
					 to any Federal law or program.
(d)
					 Governing body shall mean:
(1) in the case of
					 a county outside of the city of New York, the county board of supervisors or
					 other elective governing body;
(2)
					 in the case of a city or village, the local legislative body thereof, as the
					 term is defined in the Municipal Home Rule Law;
(3) in the case of a town, the town
					 board;
(4) in the case of a school
					 district, the board of education thereof;
(5) in the case of a supervisory district,
					 the board of cooperative educational services thereof;
(6) in the case of a public benefit
					 corporation, the board of directors, members or trustees thereof;
(7) in the case of a public authority, the
					 governing board of directors, members or trustees thereof;
(8) in the case of a not-for-profit
					 corporation, the board of directors thereof or such other body designated in
					 the certificate of incorporation to manage the corporation; and
(9) in the case of an Indian tribe, any
					 governing body recognized by the United States or the State of New
					 York.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 430 - General Program Provisions › Section 430.3 - Allocation of funds

Current through Register Vol. 46, No. 28, July 10, 2024
The distribution of funds for park, historic preservation
						and heritage area projects shall be requested annually by the office for
						inclusion in the executive budget and action by the New York State
						Legislature.
(a) The commissioner
					 shall determine the types of projects to be funded from the allocation for each
					 fiscal year based on factors which shall include, but need not be limited to:
(1) consistency with the requirements and
					 intent of the Clean Water/Clean Air Bond Act of 1996;
(2) demand as evidenced by number and type of
					 applications previously received for this and other grant programs administered
					 by the office;
(3) the Open Space
					 Conservation Plan, the Statewide Comprehensive Outdoor Recreation Plan, coastal
					 zone management plans, local waterfront revitalization plans, maritime area
					 plans and other applicable planning documents;
(4) public comments and requests received by
					 the office or other appropriate evidence of need;
(5) the availability of other programs and
					 funding resources;
(6) allocations
					 for various types of projects in previous funding cycles;
(7) State and Federal mandates;
(8) emergencies or disasters; and
(9) the recommendations of the Environmental
					 Assistance Advisory Task Force established by section
					 430.4(c) 
					 of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 431 - Provisions Relating To All Projects › Section 431.1 - General project requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Approved projects will be financed with State general
						obligation bond proceeds, and therefore, must meet legal requirements for tax
						exempt bond financing, including, but not limited to, a determination that they
						are capital projects. In addition, in order to be eligible for State assistance
						under this Part, the entire project must:
(a) have a probable life of no less than 23
					 years from the date on which the final payment on the project is issued by the
					 State Comptroller to assure compliance with the requirements of section 61  of the State Finance Law;
(b) be recommended to the commissioner by the
					 governing body of the project sponsor, except that in the event the project
					 sponsor is a State agency, public authority or public benefit corporation, the
					 project must be recommended by the head of that agency, authority or
					 corporation; and
(c) be located
					 within the physical boundaries of the State of New York.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 431 - Provisions Relating To All Projects › Section 431.2 - Not-for-profit corporation requirements

Current through Register Vol. 46, No. 28, July 10, 2024
A not-for-profit corporation must demonstrate to the
						satisfaction of the office that it is capable of operating and maintaining the
						completed project for the benefit of the public. The following documents will
						be required to verify a corporation's not-for-profit, tax-exempt status and
						provide evidence of such capability:
(a) a copy of the corporation's certificate
					 of incorporation, by-laws, amendments and other operative organizational
					 documents;
(b) a copy of a
					 determination letter from the United States Internal Revenue Service verifying
					 the corporation's tax-exempt status;
(c) verification of charities
					 registration;
(d) financial
					 statements, for the corporation's previous three fiscal years, audited when
					 available, showing all expenditures and sources of income; and
(e) copies of IRS form 990 for the last
					 complete fiscal year.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 431 - Provisions Relating To All Projects › Section 431.3 - Project sponsor's interest in real property for development projects

Current through Register Vol. 46, No. 28, July 10, 2024
If the project sponsor is not the sole owner of the
						unencumbered fee of land on which a development project will be undertaken, the
						following documents will be required to qualify the project sponsor's interest
						in the property for State assistance:
(a) the agreement of the owner to execute the
					 project agreement and public benefit agreement as guarantor; and
(b) a copy of a lease, easement, contract or
					 memorandum of understanding establishing the project sponsor's interest in the
					 property. Such document shall:
(1) be of
					 sufficient duration and stability to assure that the project sponsor will be
					 able to comply with this Subchapter; and
(2) contain terms and conditions sufficient
					 to ensure a period of public use of at least 23 years from the date on which
					 the final payment on the project is issued by the State Comptroller.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 431 - Provisions Relating To All Projects › Section 431.4 - Funding provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) State
					 assistance towards the cost of a project shall not exceed 50 percent of the
					 approved project cost. This limitation does not apply to municipal park
					 projects for which a State agency, public benefit corporation or public
					 authority is the project sponsor.
(b) For determining the amount of State
					 assistance available for the project, the cost of a project shall be the amount
					 approved by the commissioner. The State shall not be responsible for any
					 increases in the cost of the project.
(c) State assistance will be available on a
					 reimbursement basis. Project sponsors shall submit periodic invoices and
					 requests for payment as work is performed and costs incurred. The amount of
					 each State assistance payment will be in the same proportion as the State
					 assistance bears to total project cost.
(d) A project sponsor may request an advance
					 payment in an amount not to exceed 25 percent of the total amount of State
					 assistance for the project or the amount of the sponsor's match which can be
					 documented at the time of the request, whichever is smaller.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 431 - Provisions Relating To All Projects › Section 431.5 - Project sponsor's match

Current through Register Vol. 46, No. 28, July 10, 2024
The project sponsor's match may consist of the
						following:
(a) the fair market value
					 in the project location of material which is procured by purchase or donation
					 during the project term or within one year prior to the application deadline
					 date;
(b) the fair market value in
					 the project location of equipment which is procured by purchase or donation
					 during the project term;
(c) rental
					 expenses incurred at customary rental rates for the use of equipment in
					 development and construction during the project term. The donated value at
					 customary rental rate of equipment will qualify if used during the project
					 term;
(d) the cost of labor
					 employed in project development and construction during the project
					 term;
(e) the cost of services,
					 including professional services, or the value of donated services provided
					 during the project term or within one year prior to the application deadline
					 date; and
(f) the fair market value
					 of real property or an interest in real property acquired by purchase or
					 donation during the project term or within one year prior to the application
					 deadline date. The value of previously owned lands converted from unrelated use
					 to project purposes may qualify as the sponsor's match only if such conversion
					 occurred during the project term or within one year prior to the application
					 deadline date. The value of real property shall be established by an appraisal
					 in accordance with section
					 431.6  of this
					 Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 431 - Provisions Relating To All Projects › Section 431.6 - Appraisals

Current through Register Vol. 46, No. 28, July 10, 2024
Appraisals shall be prepared according to the following
						requirements:
(a) Appraisals shall be
					 prepared by a qualified appraiser in accordance with the guidelines of the
					 office.
(b) Appraisers shall either
					 be licensed or certified by the State of New York or appear on the New York
					 State Department of Transportation's list of qualified appraisers.
(c) Appraisals must be conducted no more than
					 12 months prior to the acquisition of the property by the project
					 sponsor.
(d) If the property is
					 valued at $300,000 or more, two appraisals must be obtained.
(e) If the property is valued at less than
					 $300,000, one appraisal is required.
(f) If the property is valued at less than
					 $25,000, a shortform appraisal may be used at the discretion of the
					 office.
(g) The office may change
					 appraisal requirements to conform to any guidelines which may be issued by the
					 State Comptroller.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 431 - Provisions Relating To All Projects › Section 431.7 - Application information and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Outreach and technical services. The
					 office will provide outreach and technical services to assist project
					 applicants in preparing applications that are complete and which address the
					 commissioner's annual funding priorities. Applicants may contact the
					 appropriate representative of the office to schedule a pre-application
					 conference.
(b) Performance
					 timelines.
(1) The office and the project
					 sponsor will develop specific performance timelines for inclusion in the
					 project agreement that are feasible for the project sponsor and acceptable to
					 the office. Timelines will address the steps necessary to initiate, progress or
					 complete a project, including raising the project sponsor's match; submitting
					 appraisals, plans and specifications; obtaining permits or other approvals;
					 submitting documents necessary to verify compliance with article 15-A of the
					 Executive Law; or submitting interim and final project reports.
(2) Timelines must provide that a development
					 project will be initiated no later than six months after a project agreement is
					 executed and approved by the State Comptroller, and completed no later than two
					 years subsequent to such approval. Acquisitions are required to be completed
					 within one year of the State Comptroller's approval of the project agreement.
					 The office may vary these timelines when it is deemed appropriate for a
					 particular project.
(3) The office,
					 in its discretion, may cancel projects which do not adhere to mutually
					 established timelines. Sponsors of projects which are so cancelled may reapply
					 in the next appropriate funding cycle.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 431 - Provisions Relating To All Projects › Section 431.8 - Rating criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 applications will be rated in accordance with the rating system established by
					 the commissioner. Criteria used to rate projects will generally include the
					 following:
(1) the extent to which the
					 project site has suffered from physical deterioration, decay, vandalism,
					 neglect or disinvestment or may be threatened with closure, demolition or
					 inappropriate development;
(2) the
					 relationship of the project to a local, regional and/or statewide planning
					 document or other assessment of need;
(3) the extent to which the project protects,
					 enhances or interprets natural, cultural or historic resources;
(4) the ability of the project sponsor to
					 initiate and complete the project on a timely basis and operate or maintain the
					 completed project; and
(5)
					 program-specific factors established for park, historic preservation and
					 heritage area projects and found in sections
					 432.3,
					 433.4
					 and
					 434.3 
					 of this Title respectively.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 431 - Provisions Relating To All Projects › Section 431.9 - Review procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Within each program category, applications will be rated against applications
					 for similar projects.
(b)
					 Applications will receive staff review, including review at the regional level.
					 The final decision on all applications will be made by the
					 commissioner.
(c) In addition to
					 the rating criteria listed in section
					 431.8  of this
					 Part, the commissioner may consider the following factors in determining which
					 projects to fund:
(1) the geographic
					 distribution of other fundable projects in any given application
					 cycle;
(2) the extent to which the
					 project will maximize the use and accessibility of a facility;
(3) special engineering, environmental and
					 historic preservation concerns or benefits; and
(4) the past performance, if any, of the
					 project sponsor on previous projects, including its compliance with equal
					 employment opportunity and minority- and women-owned business enterprise
					 programs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 431 - Provisions Relating To All Projects › Section 431.10 - Project agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 projects must be undertaken pursuant to a project agreement with the
					 office.
(b) All project agreements
					 will require:
(1) a project term which shall
					 commence on the date of the letter advising a project sponsor that its
					 application has been selected for State assistance;
(2) performance standards, reporting
					 requirements and timelines for initiating and completing project
					 elements;
(3) that all contracts be
					 publicly bid in accordance with section 103  of the General Municipal Law;
(4) that the project sponsor comply with the
					 provisions of article 15-A of the Executive Law regarding equal employment
					 opportunities for women and minorities and contracting opportunities for
					 minority- and women business enterprises, as well as the Omnibus Procurement
					 Act regarding participation of New York State businesses;
(5) that the project be accessible in
					 accordance with the New York State Uniform Fire Prevention and Building Code
					 and the Americans with Disabilities Act Guidelines (ADAAG--appendix A to  28 CFR
					 part 36). The project sponsor is responsible for determining which of these
					 standards, guidelines or codes apply to the project when there is a discrepancy
					 with regard to a particular accessibility requirement;
(6) that changes will not be made to the
					 project without the approval of the office. The office may re-rate a project if
					 the sponsor proposes any changes and may disapprove changes which would cause
					 the revised project rating to fall below the level at which it would have
					 received funding;
(7) that a
					 project sign or other suitable acknowledgment in a form to be determined by the
					 office be installed on the property;
(8) provisions which assure that the
					 expenditure of public funds on the project will result in a public benefit.
					 Such provisions may include:
(i) a
					 requirement that the public have reasonable access to or use of the project as
					 specified by the office;
(ii) a
					 requirement that the project sponsor not alter, demolish, sell, lease or
					 otherwise convey the project, in whole or in part, without the prior written
					 approval of the commissioner;
(iii)
					 a requirement that all plans for restoration, rehabilitation, improvement,
					 demolition or other physical change to the completed project be approved in
					 writing by the office before work commences; or
(iv) program or project specific requirements
					 which the office deems necessary.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 431 - Provisions Relating To All Projects › Section 431.11 - Maintenance of effort

Current through Register Vol. 46, No. 28, July 10, 2024
Each recipient of funds made available under this
						Subchapter may be required to demonstrate to the satisfaction of the
						commissioner that the project will result in a net gain in public park,
						conservation, recreation, historic preservation or heritage area
						facilities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 431 - Provisions Relating To All Projects › Section 431.12 - Alternate grant awards

Current through Register Vol. 46, No. 28, July 10, 2024
In a given funding cycle, applications which rate highly
						but for which insufficient funds are available may be reserved as alternate
						grant awards. These applications will be retained by the office and may be used
						to select alternate projects to fund in the event that a project is cancelled
						by the office, abandoned by its sponsor or funds become otherwise
						available.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 432 - Park Projects › Section 432.1 - Eligibility criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Eligible projects shall included the acquisition, improvement, development,
					 preservation, restoration or rehabilitation of lands, waters or structures to
					 develop, expand or enhance public access to water bodies, promote water based
					 recreation or enhance the natural, cultural or historic aspects of water
					 bodies.
(b) Eligible acquisition
					 projects shall include, but are not limited to, acquisition during the project
					 term or within one year prior to the application deadline date of a permanent
					 easement in or fee title to lands which:
(1)
					 are appropriate for use as parks, preserves, beaches, shorefronts, waterway
					 access and recreational sites and facilities;
(2) comprise buffer zones or viewsheds if, in
					 the opinion of the office, the acquisition is necessary to enhance or protect
					 the value of existing recreational or environmental resources; or
(3) contain natural, scenic or open space
					 resources that are unique, rare, or of statewide or regional
					 significance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 432 - Park Projects › Section 432.2 - Supplemental application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the general application requirements
						listed in section
						431.7 
						of this Title, applications under this Part shall contain the following
						additional information:
(a) a project
					 site plan and a map which clearly shows the location of the proposed project
					 within the municipality;
(b)
					 photographs or images which show the current condition of the project site as
					 directed by the office; and
(c) for
					 projects where the sponsor is a not-for-profit corporation, the approval of the
					 governing body of each municipality in which the project will be
					 located.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 432 - Park Projects › Section 432.3 - Supplemental rating criteria

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the criteria listed in section
						431.8  of this
						Title, the following criteria will be considered in rating park
						projects:
(a) the degree to which the
					 project will develop, expand or enhance public access to water bodies, promote
					 water based recreation or enhance the natural, cultural or historic aspects of
					 water bodies;
(b) the degree to
					 which local recreation, conservation or open space deficiencies will be
					 addressed by the project; and
(c)
					 the degree to which the project will primarily serve either a densely populated
					 area where recreational opportunities have sustained physical deterioration,
					 decay, neglect or disinvestment or an area where a substantial proportion of
					 the population is of low income or otherwise disadvantaged and underserved with
					 respect to existing recreational opportunities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter IV - Environmental Assistance Programs › Subchapter A - Clean Water/clean Air Bond Act of 1996 › Part 432 - Park Projects › Section 432.4 - Public benefit provision

Current through Register Vol. 46, No. 28, July 10, 2024
To assure that a sufficient public benefit shall accrue
						from the expenditure of public funds for the project, the following provisions
						shall be included in the project agreement as appropriate:
(a) For projects undertaken by
					 municipalities:
(1) a provision that no rule
					 or regulation of a municipality shall restrict the use of or access to a
					 project by non-residents of the municipality or impose a fee for such use
					 without the prior written approval of the commissioner; and
(2) a requirement that facilities acquired or
					 developed by a municipality pursuant to this Part shall not be sold, disposed
					 of or used for other than public park purposes without the prior written
					 approval of the commissioner and the express authority of an act of the
					 Legislature as provided in section
					 432.5 
					 of this Part.