N.Y. ENV Law § 54-1515

§ 54-1515. Contracts for state assistance payments for climate smart\n community projects.\n 1. After approval of the application, the commissioner may, in the\nname of the state, enter into contracts with municipalities, to provide\nstate assistance payments toward the cost of climate smart community\nprojects, which shall include the following provisions:\n a. an estimate of the costs of the project as determined by the\ncommissioner;\n b. an agreement by the commissioner to make state assistance payments\ntoward the cost of the project by periodically reimbursing the\nmunicipality during the progress of project development or following\ncompletion of the project as may be agreed upon by the parties, in an\namount not to exceed the amounts established elsewhere in this title;\nand\n c. an agreement by the municipality:\n (i) to proceed expeditiously with and complete the project as approved\nby the commissioner;\n (ii) to undertake and maintain the climate smart community project in\naccordance with applicable law and rules and regulations;\n (iii) to provide for the payment of the municipality's share of the\ncost of the project;\n (iv) to assume the full cost of any additional elements or continued\noperation of the project;\n (v) to repay within one year of notification by the commissioner, any\nstate assistance payments made toward the cost of the project or an\nequitable portion of such monies declared appropriate by the\ncommissioner, if the municipality fails to complete the project as\napproved. No repayment, however, shall be required where the commission\ndetermines that such failure, disposition or change of use was\nimmediately necessary to protect public health and safety; and\n (vi) to apply for and make reasonable efforts to secure federal\nassistance for the project.\n 2. In connection with each contract, the commissioner shall keep\nadequate records of the amount of the payment by the state, if any,\nreceived by the municipality. Such records shall be retained by the\ncommissioner and shall establish the basis for recalculation of the\nstate payment as required herein.\n 3. The commissioner shall impose such contractual requirements and\nconditions upon any municipality which receives state assistance\npayments pursuant to this title as may be necessary and appropriate to\nensure that a public benefit shall accrue from the use of public funds\nby such municipality. Such conditions shall include limitations on the\nright of the municipality to demolish or convey such property,\nprovisions for public access or use where appropriate, a requirement\nthat all plans for restoration, rehabilitation, improvement, demolition\nor other physical change must be subject to the commissioner's approval,\nand such other conditions which shall assure the preservation and\nprotection of the project.\n