Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 141
Harbors of refuge
Navigation (NAV) CHAPTER 37, ARTICLE 11
§ 141. Harbors of refuge. (a) The commissioner, on behalf of the
state, is hereby authorized to enter into agreements with the federal
government and with municipalities, and municipalities are hereby
authorized to enter into agreements with the commissioner, concerning
the construction, operation and maintenance of harbors of refuge.

(b) In any such agreement with the federal government the state may
agree to pay, within amounts appropriated therefor as allocated by the
director of the budget, a portion of the cost of construction of a
harbor of refuge, except (1) that no moneys shall be expended for the
project unless the federal government has similarly appropriated and
made available funds for the project, and (2) no agreement shall be
entered into hereunder with the federal government unless a municipality
has agreed to reimburse the state in an amount determined pursuant to
subdivision (c) of this section, or unless the harbor of refuge is
constructed or improved in conjunction with a state park or state marine
facility.

(c) (i) Any agreement with a municipality pursuant to this section
shall include a provision requiring operation and maintenance of the
project by the municipality, except when the federal government shall
determine to operate and maintain the project.

(ii) In any such agreement with a municipality, the municipality shall
agree to reimburse the state, upon completion of the project, in an
amount equal to fifty per cent of the non-federal share of the cost of
the project; provided, however, subject to the prior authorization and
approval of the governor, the commissioner may, where there is a
demonstrated financial hardship on the municipality and certified as
such by the governing body of such municipality, enter into an agreement
with the municipality providing for reimbursement of the state in an
amount less than fifty per cent of the non-federal share of the cost of
the project.

(iii) Whenever two or more municipalities agree to participate in a
project, such municipalities, by agreement with the commissioner and
each other, shall agree to an equitable share of the local share of the
non-federal share of the cost of the project which each shall pay to the
state upon completion of the project.

(iv) For the purpose of reimbursing the state for the local share of
the non-federal share of the cost of a project each participating
municipality is hereby authorized to determine that its share shall be a
general charge against all taxable real property located therein, or
shall be borne as a special assessment upon the real property benefited
thereby, or partly as a general charge and partly as such a special
assessment, and each such participating municipality shall have power to
finance its share by the issuance of obligations pursuant to the local
finance law. In the event a municipality shall fail to pay to the state
the municipality's share of the cost of a project within six months of
the certification to the municipality by the state comptroller of the
amount of such share, the state comptroller shall cause to be withheld
from state assistance to which the municipality would otherwise be
entitled, a sum sufficient to reimburse the state for any amount
remaining unpaid, together with interest on any such unpaid amount at
the rate of three per cent per annum from the date of such
certification. Such moneys so withheld shall be credited against the
amount payable to the state by such municipality on account of such
project.

(d) This section shall not apply to facilities incidental to a project
which are not constructed by the federal government, whether or not such
facilities may be required by the federal government as a prerequisite
for federal participation; such facilities shall be governed by section
one hundred forty-two or section one hundred forty-three of this article
as the case may be.