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This entry was published on 2014-09-22
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SECTION 142
Local marine facilities
Navigation (NAV) CHAPTER 37, ARTICLE 11
§ 142. Local marine facilities. (a) The commissioner is hereby
authorized to enter into agreements with municipalities, and
municipalities are hereby authorized to enter into agreements with the
commissioner, concerning the construction, operation and maintenance of
local marine facilities, including local marine facilities incidental to
a harbor of refuge.

(b) Any such agreement shall include a provision for the construction
of the facility, either by the municipality or by the state on behalf of
the municipality, in accordance with plans approved by the commissioner,
and any such agreement shall include a provision requiring operation and
maintenance of the facility by the municipality.

(c) In any such agreement the state may agree, within amounts
appropriated therefor as allocated by the director of the budget, to pay
to the municipality an amount to be determined by the commissioner not
to exceed the lesser of (1) seventy-five per cent of the cost of the
facility, less any federal assistance received or to be received for the
facility and (2) fifty per cent of the cost of the facility; except that
when the facility is constructed by the state on behalf of the
municipality, the municipality shall agree to reimburse the state in an
amount to be determined by the commissioner not to be less than the cost
of the facility less the sum of (1) any federal assistance received or
to be received for the facility and (2) the lesser of (i) seventy-five
per cent of the cost of the facility, less any federal assistance
received or to be received for the facility and (ii) fifty per cent of
the cost of the facility. 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 sharing of the
local share of the cost of the project.

(d) In the event a municipality shall fail to pay to the state the
municipality's share of the cost of a facility constructed by the state
on behalf of the municipality 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 such 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. Monies so withheld shall be
credited against the amount of principal and interest payable by such
municipality for its share of the cost of the facility.