§ 54-0103. Powers and duties of the commissioner or secretary.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In N.Y. Environmental Conservation Law 54-0103

  • Commissioner: means the commissioner of environmental conservation; except that within and for the purposes of the projects undertaken by the office pursuant to title nine of this article, the term shall mean the commissioner of the office of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 54-0101
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cost: means the cost of an approved project, which shall include engineering and architectural services, plans and specifications, consultant and legal services, and other direct expenses incident to such project less any federal assistance received or to be received and any other assistance from other parties. See N.Y. Environmental Conservation Law 54-0101
  • Municipality: means a local public authority or public benefit corporation, a county, city, town, village, or Indian tribe or nation residing within New York state, or any combination thereof. See N.Y. Environmental Conservation Law 54-0101
  • Secretary: means the secretary of state. See N.Y. Environmental Conservation Law 54-0101

In administering the provisions of this article the respective commissioner or the secretary:

1. shall make an itemized estimate of funds or appropriations requested annually for inclusion in the executive budget;

2. may, in the name of the state, as further provided within this article, contract to make, within the limitations of appropriations available therefor, state assistance payments to a municipality toward the cost of a project approved and to be undertaken pursuant to this article, or to a not-for-profit corporation toward the costs of a project approved and to be undertaken pursuant to titles three and nine of this article. Such contracts shall include provisions to maximize awareness for the public that a source of funding for such project is the New York state environmental protection fund. Such provisions shall not require any expenditure of funds beyond that which the municipality may decide if it communicates to the public regarding the project. Such contracts shall be subject to approval by the state comptroller and, as to form, by the attorney general;

3. may, in the name of the state, enter into contracts, within the limitations of appropriations available therefor, with not-for-profit corporations, public benefit corporations, and private contractors for services contemplated by this article to be funded hereunder. Such contracts shall include provisions to maximize awareness for the public that a source of funding for such services is the New York state environmental protection fund. Such provisions shall not require any expenditure of funds beyond that which the not-for-profit corporations, public benefit corporations, and private contractors may decide if it communicates to the public regarding the project. Such contracts shall be subject to approval by the state comptroller and, as to form, by the attorney general;

4. shall approve vouchers for the payments pursuant to an approved contract. All such payments shall be paid on the audit and warrant of the state comptroller; and

5. may perform such other and further acts as may be necessary, proper or desirable to carry out the provisions of this article.