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This entry was published on 2015-03-27
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SECTION 54-1105
State assistance payments for coastal rehabilitation projects
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 54, TITLE 11
§ 54-1105. State assistance payments for coastal rehabilitation

projects.

1. The commissioner is authorized to provide on a competitive basis,
within amounts appropriated, state assistance payments to a municipality
or a not-for-profit corporation toward the cost of any coastal
rehabilitation project approved by the commissioner provided that the
commissioner determines 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.

2. The commissioner and a municipality or not-for-profit corporation
may enter into a contract for the undertaking of a coastal
rehabilitation project. Such project shall be recommended to the
commissioner by the governing body of the municipality or not-for-profit
corporation as that term is defined pursuant to subdivision six of
section 54-0101, and when approved by the commissioner, undertaken by
the municipality or not-for-profit corporation pursuant to this article
and any other applicable provisions of law.

3. State assistance payments shall not exceed fifty percent of the
project cost or two million dollars, whichever is less. Such costs are
subject to final computation and determination by the commissioner upon
completion of the project, and shall not exceed the maximum eligible
cost set forth in the contract.

4. Prior to processing applications for state assistance payments
toward the cost of coastal rehabilitation projects, the commissioner
shall promulgate rules and regulations which shall include criteria for
determining eligible expenditures and procedures for governing the
commitment and disbursement of funds appropriated in accordance with
this title. The commissioner shall also promulgate rules and regulations
which shall include application procedures, review processes, and
project approval guidelines and criteria consistent with section
54-1107.