9 NYCRR Part 430 - Executive Department

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Source versions current through Sep 15, 2021 - Mar 15, 2023 across sections

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 430.1 - Authority and purpose

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

These regulations implement the Clean Water/Clean Air Bond Act of 1996, title 3 of article 56 of the Environmental Conservation Law. The adoption of this act represents the commitment of the Legislature, the Governor and the people of the State of New York to affirm New York's rightful place as a national leader in environmental protection and economic growth. Title 3 authorizes the expenditure of funds to support a wide range of park and heritage areas projects which contribute to the public's enjoyment and understanding of water and historic preservation projects which contribute to our cultural heritage and the environment.

9 NYCRR 430.2 - Definition of terms

Source version current through Mar 15, 2023

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 15, 2023
Related Register notice: PKR-30-22-00001-A · Adopted rule
Related notice published: Mar 8, 2023
Related notice effective date: Mar 8, 2023

Whenever used in this Subchapter, the following terms shall mean and include:

(a)Commissioner shall mean the Commissioner of Parks, Recreation and Historic Preservation.

(b)Cost shall mean the cost of an approved project, which shall include appraisal, surveying, engineering and architectural services, plans and specifications, consultant and legal services, construction and other direct expenses incident to such project less any Federal or State funds, other than those provided pursuant to this Title, for such project received or to be received.

(c)Federal assistance shall mean funds available, other than by loan, from the Federal government, either directly or through allocation by the State for construction or program purposes pursuant to any Federal law or program.

(d)Governing body shall mean:

(1)in the case of a county outside of the city of New York, the county board of supervisors or other elective governing body;

(2)in the case of a city or village, the local legislative body thereof, as the term is defined in the Municipal Home Rule Law;

(3)in the case of a town, the town board;

(4)in the case of a school district, the board of education thereof;

(5)in the case of a supervisory district, the board of cooperative educational services thereof;

(6)in the case of a public benefit corporation, the board of directors, members or trustees thereof;

(7)in the case of a public authority, the governing board of directors, members or trustees thereof;

(8)in the case of a not-for-profit corporation, the board of directors thereof or such other body designated in the certificate of incorporation to manage the corporation; and

(9)in the case of an Indian tribe, any governing body recognized by the United States or the State of New York.

(e)Heritage area project shall mean a project undertaken by or through a municipality, public benefit corporation or a not-for-profit corporation identified in a management plan approved by the commissioner in accordance with section 35.05 of the Parks, Recreation and Historic Preservation Law. Heritage area projects shall develop, expand or enhance public access to water bodies, promote water based recreation, or enhance the natural, cultural or historic aspects of water bodies.

(f)Historic preservation project shall mean a project undertaken by a municipality or a not-for-profit corporation to acquire, improve, restore or rehabilitate property listed on the State or National Register of Historic Places, including, but not limited to, projects at zoos, botanical gardens and aquaria, to protect the historic, cultural, archeological or architectural significance thereof.

(g)Match (matching share) shall mean the portion of the total cost of a project which the project sponsor must provide. The match shall be no less than the amount of State assistance provided.

(h)Municipality shall mean a local public authority or public benefit corporation, a county, city, town, village, school district, supervisory district, district corporation, improvement district within a county, city, town or village, or Indian nation or tribe recognized by the State or the United States with a reservation wholly or partly within the boundaries of New York State, or any combination thereof.

(i)National Register of Historic Places shall mean the list of districts, sites, buildings, structures or objects significant in American history, architecture, archaeology, engineering or culture established in the National Historic Preservation Act of 1966 as amended (16 USC §§ 470 et seq.).

(j)Not-for-profit corporation shall mean a corporation formed pursuant to or subject to the Not-for-Profit Corporation Law and qualified for tax-exempt status under the Federal Internal Revenue Code.

(k)Office shall mean the Office of Parks, Recreation and Historic Preservation.

(l)Park project shall mean a project undertaken by a municipality, a State agency, public benefit corporation, public authority, or a not-for-profit corporation for the acquisition, development or improvement of parks, preserves, beaches, shorefronts, recreational sites and facilities including construction of structures, roads and parking facilities. Park projects shall develop, expand or enhance public access to water bodies, promote water based recreation, or enhance the natural, cultural, or historic aspects of water bodies.

(m)Project applicant or applicant shall mean a municipality or not-for-profit corporation, or in the case of a park project, a State agency, public benefit corporation or public authority, which applies for State assistance pursuant to this Subchapter.

(n)Project sponsor or sponsor shall mean a municipality or not-for-profit corporation, or in the case of a park project, a State agency, public benefit corporation or public authority, which has been awarded State assistance and, pursuant to contract, will undertake and assume responsibility for a project authorized by this Subchapter.

(o)Public benefit corporation shall generally mean a corporation organized or created by a unit of government to construct or operate a public improvement, the profits from which inure to the benefit of the State or the people thereof, or to perform some other function on behalf of the establishing body.

(p)Secretary of the Interior's Standards shall mean the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation as set out in the Federal Register, volume 48, number 190, pages 44716 through 44742 (September 29, 1983). The office previously incorporated the Secretary of the Interior's Standards by reference in rules implementing the Environmental Quality Bond Act of 1986 (see 9 NYCRR 435.2[n]). The Secretary of the Interior's Standards were filed with the Secretary of State on April 13, 1987. They are available for inspection and copying at the Counsel's Office, Office of Parks, Recreation and Historic Preservation, 625 Broadway, Albany, NY 12233; the 11 regional offices of the Office of Parks, Recreation and Historic Preservation; or at the Albany office of the New York State Department of State. As applied to projects undertaken under this Subchapter, the commissioner's interpretation of the Secretary of the Interior's Standards shall be controlling.

(q)State assistance payment shall mean the payment of monies by the State for projects authorized by title 3 of the Clean Water/Clean Air Bond Act of 1996.

(r)State Register of Historic Places shall mean the list of districts, sites, buildings, structures or objects significant in the architecture, archeology, engineering or culture of New York State, its communities or the nation established by section 14.07 of the Parks, Recreation and Historic Preservation Law.

(s)Water bodies shall mean lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial limits of the State of New York and all other bodies of surface or underground water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters which do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction, except private waters which do not provide public access.

9 NYCRR 430.3 - Allocation of funds

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The distribution of funds for park, historic preservation and heritage area projects shall be requested annually by the office for inclusion in the executive budget and action by the New York State Legislature.

(a)The commissioner shall determine the types of projects to be funded from the allocation for each fiscal year based on factors which shall include, but need not be limited to:

(1)consistency with the requirements and intent of the Clean Water/Clean Air Bond Act of 1996;

(2)demand as evidenced by number and type of applications previously received for this and other grant programs administered by the office;

(3)the Open Space Conservation Plan, the Statewide Comprehensive Outdoor Recreation Plan, coastal zone management plans, local waterfront revitalization plans, maritime area plans and other applicable planning documents;

(4)public comments and requests received by the office or other appropriate evidence of need;

(5)the availability of other programs and funding resources;

(6)allocations for various types of projects in previous funding cycles;

(7)State and Federal mandates;

(8)emergencies or disasters; and

(9)the recommendations of the Environmental Assistance Advisory Task Force established by section 430.4(c) of this Part.

(b)Consistent with the number of applications and the funds appropriated, the commissioner may limit the maximum amount of State assistance available for any one project.

9 NYCRR 430.4 - Public participation

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Program reports.

The office shall participate in and contribute to such reports as may be prepared in relation to the status of the Clean Water/Clean Air Bond Act Program.

(b)Public workshops.

Prior to the announcement of the commissioner's annual programmatic and funding priorities pursuant to section 430.3 of this Part and the initiation of each annual grant cycle, the office may conduct one or more public workshops to identify public concerns and recommended improvements in program administration, regulations and ranking or review procedures. A summary of input received at the workshop(s) will be made available to participants and other interested parties and will be evaluated as revisions to these regulations are considered by the office.

(c)Environmental Assistance Advisory Task Force.

(1)The Environmental Assistance Task Force established by sections 435.8(f) and 439.4(b) of this Title is continued and shall also encompass the Clean Water/Clean Air Bond Act of 1996. The task force shall consist of eight members representing the following interests: conservation, environment, preservation, recreation, heritage areas and municipal parks. Members shall be appointed by the commissioner and serve at the commissioner's discretion.

(2)The task force shall meet at the direction of the commissioner but in no event shall it meet less than once each year.

(3)The chairperson of the task force shall be designated from among its members by the commissioner.

(4)It shall be the responsibility of the task force to review any program reports issued pursuant to subdivision (a) of this section, to attend the public workshop conducted by the office pursuant to subdivision (b) of this section and to make recommendations to the commissioner regarding the implementation of title 3 of article 56 of the Environmental Conservation Law. Such recommendations may address topics which shall include, but not be limited to, project eligibility criteria, application procedures, project rating and ranking criteria, approval guidelines, revisions to regulations, criteria for funding distribution, coordination with title 9 of article 54 of the Environmental Conservation Law and Parts 439-443 of this Title, and additional public participation in the implementation of these regulations which the commissioner may wish to seek. It is understood that the purpose of the Environmental Assistance Advisory Task Force is to make recommendations regarding the overall implementation of title 3 of article 56 of the Environmental Conservation Law and this Title; not to review or make recommendations relating to specific project applications.

(d)Changes to rules and regulations.

Substantive changes to the regulations or the ranking and review procedures will be subject to review under the State Environmental Quality Review Act.

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