N.Y. ENV Law § 23-0303

§ 23-0303. Administration of article.\n 1. Except to the extent that the administration of this article is\nspecifically entrusted to other agencies or officers of the state by its\nprovisions, such administration shall be by the department. Geological\nservices for the department in connection with the administration of\nthis article shall be provided by or in cooperation with the state\ngeologist. Within appropriations therefor the department is authorized\nto employ such personnel as may be necessary for the administration of\nthis article and may also employ or secure the services of such\nengineering, technical and other consultants as it may require from time\nto time.\n 2. The provisions of this article shall supersede all local laws or\nordinances relating to the regulation of the oil, gas and solution\nmining industries; but shall not supersede local government jurisdiction\nover local roads or the rights of local governments under the real\nproperty tax law.\n 3. a. The commissioner shall accept from municipalities requests for\nfunds from the oil and gas fund to reimburse the municipality for costs\nincurred in repairing damages to municipal land or property. Such\nrequests shall include such explanatory material and documentation as\nthe commissioner may require.\n b. The commissioner and director of the budget, may recommend payment\nto the municipality to satisfy the request for reimbursement upon\nfinding that:\n (1) The municipality has made a bona fide effort to seek relief and\nrecover its costs from those deemed to be responsible and any other\nappropriate avenues, but has been unsuccessful;\n (2) The damage was a direct result of activities regulated under this\narticle and that the amount of funds requested is reasonable in view of\nsuch damages; and\n (3) The costs were incurred after the effective date of this\nsubdivision.\n