N.Y. Environmental Conservation Law 52-0901 – Approval and execution of projects
§ 52-0901. Approval and execution of projects.
Terms Used In N.Y. Environmental Conservation Law 52-0901
- Commissioner: means the commissioner of environmental conservation except that within and for the purposes of title nine of this article, the term shall mean the commissioner of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 52-0101
- 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 responsible parties or otherwise. See N.Y. Environmental Conservation Law 52-0101
- 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. See N.Y. Environmental Conservation Law 52-0101
- Governing body: means
(a) in the case of a town, a town board;
(b) in the case of a county outside of the city of New York, the county board of supervisors or other elective governing body;
(c) in the case of a city or village, the local legislative body thereof, as the term is defined in the municipal home rule law;
(d) in the case of a public benefit corporation, the board of directors, members or trustees thereof;
(e) in the case of a school district, the board of education thereof;
(f) in the case of a supervisory district, the board of cooperative educational services thereof. See N.Y. Environmental Conservation Law 52-0101 - Historic preservation project: means :
(a) State historic preservation projects. See N.Y. Environmental Conservation Law 52-0101 - Municipal park project: means a project including an urban cultural park undertaken by a municipality for the acquisition, development or improvement of outdoor or indoor recreation facilities, including, but not limited to site acquisition, improvement, construction, reconstruction and improvement of structures, roads and parking facilities. See N.Y. Environmental Conservation Law 52-0101
- Municipality: except as otherwise defined within this article, means a city, county, town, village, public benefit corporation or school district or an improvement district within a city, county, town or village, or Indian tribe residing within New York state, or any combination thereof. See N.Y. Environmental Conservation Law 52-0101
- Not-for-profit corporation: means a corporation formed pursuant to the not-for-profit corporation law and qualified for tax-exempt status under section 501(c)(3) of the federal internal revenue code. See N.Y. Environmental Conservation Law 52-0101
1. State historic preservation projects. State historic preservation projects may be undertaken pursuant to the provisions of this article only with the approval of the commissioner.
2. Municipal historic preservation projects. The commissioner and a municipality may enter into a contract for the undertaking by the municipality of a municipal historic preservation project. Municipal historic preservation projects shall be recommended to the commissioner by the governing body of the municipality and when approved by the commissioner, may be undertaken by the municipality pursuant to this title and any other applicable provision of law. The state share of the cost of a municipal preservation project in no event shall exceed fifty percent of the cost, less any federal assistance received or to be received for the project. To assure the availability of funds for as wide a range of projects as possible, the commissioner may, in his discretion, limit the dollar amount that may be made available for any project. For the purpose of determining the amount of the state share, the cost of the project shall not be more than the amount set forth in the application for a state share made by a municipality and approved by the commissioner. The state share of the cost of a project shall be paid on audit and warrant of the state comptroller on a certificate of availability of the director of the budget.
3. Not-for-profit historic preservation projects. The commissioner and a not-for-profit corporation may enter into a contract for the undertaking by the not-for-profit corporation of a not-for-profit historic preservation project. A not-for-profit historic preservation project shall be recommended to the commissioner by the governing body of a not-for-profit corporation which demonstrates to the satisfaction of the commissioner that it is capable of operating and maintaining such property for the benefit of the public. Upon approval by the commissioner, such project may be undertaken pursuant to the provisions of this title and any other applicable provision of law. The state share of the cost of a not-for-profit historic preservation project shall in no event exceed fifty percent of the cost, less any state assistance from any source other than pursuant to this title and less any federal assistance, received or to be received for such project. To assure the availability of funds for as wide a range of projects as possible, the commissioner may, in his discretion, limit the dollar amount that may be made available for any project. For the purpose of determining the amount of the state share, the cost of the project shall not be more than the amount set forth in the application for a state share made by a not-for-profit corporation and approved by the commissioner. The state share of the costs of a project shall be paid on audit and warrant of the state comptroller on certificate of availability of the director of the budget.
4. Municipal park projects. The commissioner and a municipality may enter into a contract for the undertaking by the municipality of a municipal park project. Municipal park projects shall be recommended to the commissioner by the governing body of the municipality, and when approved by the commissioner, may be undertaken by the municipality pursuant to this title and any other applicable provisions of law. The state share of the cost of a municipal park project in no event shall exceed fifty percent of the approved project cost, less any federal assistance received or to be received for the project. To assure the availability of funds for as wide a range of projects as possible, the commissioner may, in his discretion, limit the dollar amount that may be made available for any project. For the purpose of determining the amount of the state share, the cost of the project shall not be more than the amount set forth in the application for a state share made by a municipality and approved by the commissioner. The state share of the cost of a project shall be paid on audit and warrant of the state comptroller on certificate of availability of the director of the budget.
5. Urban cultural park projects. a. State urban cultural park system projects including state environmental, cultural or recreational facilities and sites within state designated urban cultural parks and interpretive/visitor center facilities in each such park as such projects are identified in a management plan prepared pursuant to § 35.05 of the parks, recreation and historic preservation law shall be undertaken pursuant to the provisions of this article only with the approval of the commissioner and the director of the budget. The state share of interpretive/visitor center facility projects shall be one hundred percent of the cost and such projects shall be subject to an agreement by the local urban cultural park management entity to operate such facility.
b. Local urban cultural park resource projects. The commissioner and a municipality, public corporation or not-for-profit corporation may enter into a contract subject to the approval of the director of the budget for the undertaking by the municipality, public corporation or not-for-profit corporation of a local urban cultural park project including parkwide and district projects identified in a management plan prepared pursuant to § 35.05 of the parks, recreation and historic preservation law. To assure the availability of funds for as wide a range of projects as possible, the commissioner may, in his discretion, limit the dollar amount that may be made available for any project. For the purpose of determining the amount of the state share, the cost of the project shall not be more than the amount set forth in the application for a state share made by the municipality, public corporation or not-for-profit corporation and approved by the commissioner. The state share of the cost of a project shall be paid on audit and warrant of the state comptroller on certificate of availability of the director of the budget.