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This entry was published on 2017-04-28
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SECTION 54-1101
Local waterfront revitalization programs
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 54, TITLE 11
§ 54-1101. Local waterfront revitalization programs.

1. The secretary is authorized to provide on a competitive basis,
within amounts appropriated, state assistance payments and/or technical
assistance as defined in section nine hundred seventeen of the executive
law, to municipalities toward the development of any local waterfront
revitalization program, pursuant to article forty-two of the executive
law including planning projects to mitigate future physical climate
risks and updates to existing local waterfront revitalization program
plans to mitigate future physical climate risks. Eligible costs include
planning, studies, preparation of local laws, and construction projects.

2. State assistance payments and/or technical assistance, as defined
in section nine hundred seventeen of the executive law, shall not exceed
seventy-five percent of the cost of the program provided, however, in
environmental justice communities, such assistance payments and/or
technical assistance shall not exceed eighty-five percent of the cost of
the program. For the purpose of determining the amount of state
assistance payments, costs shall not be more than the amount set forth
in the application for state assistance payments approved by the
secretary. The state assistance payments shall be paid on audit and
warrant of the state comptroller on a certificate of availability of the
director of the budget.

3. The secretary shall have the power to approve vouchers for payments
pursuant to an approved contract.

4. No moneys shall be expended as authorized by this section except
pursuant to an appropriation therefor.

5. The secretary shall impose such contractual requirements and
conditions upon any municipality which receives state assistance
payments pursuant to this article as may be necessary and appropriate to
ensure that a public benefit shall accrue from the use of such funds by
the municipality including but not limited to, a demonstration that
future physical climate risk due to sea level rise, and/or storm surges
and/or flooding, based on available data predicting the likelihood of
future extreme weather events, including hazard risk analysis data if
applicable, has been considered.