Legislation
SECTION 17.05
Approval and execution of projects
Parks, Recreation and Historic Preservation (PAR) CHAPTER 36-B, TITLE C, ARTICLE 17
§ 17.05 Approval and execution of projects. 1. Marine projects. Marine
projects shall not be undertaken pursuant to this article until approved
by the commissioner. The monies appropriated for marine projects shall
be paid on the audit and warrant of the state comptroller on the
certificate of the commissioner.
2. Historic site projects. (a) State historic site projects, as
authorized pursuant to law, may be undertaken pursuant to the provisions
of this article.
(b) Historic site projects to be undertaken by a municipality shall be
recommended to the commissioner by the governing body of the
municipality and, when approved by the commissioner, may be undertaken
by a municipality pursuant to any applicable provision of law.
(c) The state share of the cost of a municipal historic site project
shall equal the lesser of (1) seventy-five per cent of the cost of the
project, less any federal assistance received or to be received for the
project or (2) fifty per cent of the cost of the project. For the
purpose of determining the amount of the state share, the cost of a
project shall not be more than the amount set forth in the application
for a state share made by the municipality and approved by the
commissioner pursuant to paragraph (b) of this subdivision, plus any
direct incidental costs approved by the state comptroller.
(d) The state share of the cost of a project shall be paid on the
audit and warrant of the state comptroller on the certificate of the
commissioner and, when monies are appropriated and available therefor,
the entire cost may be paid in the first instance by the state as an
advance subject to subsequent reimbursement of the share of the
municipality.
3. State park projects. State park projects shall be undertaken by the
office, pursuant to this chapter. The monies appropriated for such
projects shall be paid on the audit and warrant of the state comptroller
on the certificate of the commissioner of parks, recreation and historic
preservation.
4. Forest recreation projects. Forest recreation projects may be
undertaken by the department of environmental conservation, as
authorized by law. The monies appropriated for such projects shall be
paid on the audit and warrant of the state comptroller on the
certificate of the commissioner of environmental conservation.
5. Municipal park projects. (a) Municipal park projects shall not be
undertaken pursuant to this article until approved by the commissioner.
Projects shall be recommended to the commissioner by the governing body
of the municipality, and when approved by the commissioner may be under-
taken by a municipality pursuant to any applicable provision of law.
(b) The state share of the cost of a municipal park project shall
equal the lesser of (1) seventy-five per cent of the cost of the
project, less any federal assistance received or to be received for the
project and (2) fifty per cent of the cost of the project. For the
purpose of determining the amount of the state share, the cost of a
project shall not be more than the amount set forth in the application
for a state share made by the municipality and approved by the
commissioner pursuant to paragraph (a) of this subdivision, plus any
direct incidental costs approved by the state comptroller.
(c) The state share of the cost of a project shall be paid on the
audit and warrant of the state comptroller on the certificate of the
commissioner and, when monies are appropriated and available therefor,
the entire cost may be paid in the first instance by the state as an
advance subject to subsequent reimbursement of the share of the
municipality.
6. If the state shall advance a municipality's share of the cost of a
project, pursuant to this section, the comptroller shall certify the
amount of the share so advanced to such municipality. If the
municipality shall fail to repay such amount within six months of such
certification, 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 project.
projects shall not be undertaken pursuant to this article until approved
by the commissioner. The monies appropriated for marine projects shall
be paid on the audit and warrant of the state comptroller on the
certificate of the commissioner.
2. Historic site projects. (a) State historic site projects, as
authorized pursuant to law, may be undertaken pursuant to the provisions
of this article.
(b) Historic site projects to be undertaken by a municipality shall be
recommended to the commissioner by the governing body of the
municipality and, when approved by the commissioner, may be undertaken
by a municipality pursuant to any applicable provision of law.
(c) The state share of the cost of a municipal historic site project
shall equal the lesser of (1) seventy-five per cent of the cost of the
project, less any federal assistance received or to be received for the
project or (2) fifty per cent of the cost of the project. For the
purpose of determining the amount of the state share, the cost of a
project shall not be more than the amount set forth in the application
for a state share made by the municipality and approved by the
commissioner pursuant to paragraph (b) of this subdivision, plus any
direct incidental costs approved by the state comptroller.
(d) The state share of the cost of a project shall be paid on the
audit and warrant of the state comptroller on the certificate of the
commissioner and, when monies are appropriated and available therefor,
the entire cost may be paid in the first instance by the state as an
advance subject to subsequent reimbursement of the share of the
municipality.
3. State park projects. State park projects shall be undertaken by the
office, pursuant to this chapter. The monies appropriated for such
projects shall be paid on the audit and warrant of the state comptroller
on the certificate of the commissioner of parks, recreation and historic
preservation.
4. Forest recreation projects. Forest recreation projects may be
undertaken by the department of environmental conservation, as
authorized by law. The monies appropriated for such projects shall be
paid on the audit and warrant of the state comptroller on the
certificate of the commissioner of environmental conservation.
5. Municipal park projects. (a) Municipal park projects shall not be
undertaken pursuant to this article until approved by the commissioner.
Projects shall be recommended to the commissioner by the governing body
of the municipality, and when approved by the commissioner may be under-
taken by a municipality pursuant to any applicable provision of law.
(b) The state share of the cost of a municipal park project shall
equal the lesser of (1) seventy-five per cent of the cost of the
project, less any federal assistance received or to be received for the
project and (2) fifty per cent of the cost of the project. For the
purpose of determining the amount of the state share, the cost of a
project shall not be more than the amount set forth in the application
for a state share made by the municipality and approved by the
commissioner pursuant to paragraph (a) of this subdivision, plus any
direct incidental costs approved by the state comptroller.
(c) The state share of the cost of a project shall be paid on the
audit and warrant of the state comptroller on the certificate of the
commissioner and, when monies are appropriated and available therefor,
the entire cost may be paid in the first instance by the state as an
advance subject to subsequent reimbursement of the share of the
municipality.
6. If the state shall advance a municipality's share of the cost of a
project, pursuant to this section, the comptroller shall certify the
amount of the share so advanced to such municipality. If the
municipality shall fail to repay such amount within six months of such
certification, 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 project.