New York regulations
Title 9 Part 435
Executive Department
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9 NYCRR 435.1 - Authority and purpose
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Source snapshot
- Jun 6, 2026
These regulations implement title 9 of article 52 of the Environmental Conservation Law which implements the Environmental Quality Bond Act of 1986. The act provides for the Commissioner of Parks, Recreation and Historic Preservation to be responsible for the administration of a program of State assistance for State, municipal, and not-for-profit historic preservation projects, municipal park projects and urban cultural park projects.
9 NYCRR 435.2 - Definition of terms
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source-only entry
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- PKR-30-22-00001-P · Proposed rule · Jul 27, 2022
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- Jun 6, 2026
9 NYCRR 435.3 - Distribution of funds
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Jun 6, 2026
(a)The distribution of funds for municipal park projects, each type of historic preservation project and urban cultural park projects shall be requested annually by the office for inclusion in the executive budget and action by the State Legislature.
(b)Consistent with the number of applications and the funds appropriated, the commissioner may, at his discretion, limit the maximum amount of money which may be made available for any one project. This amount shall be announced at the beginning of each grants cycle.
(c)The commissioner, at his discretion, may determine that funds made available pursuant to this Subchapter for any one project may be distributed to the grant recipient from more than one annum appropriation. This determination will be based on the number of applications received, the funds appropriated to the office and the ranking of the project. Subject to the appropriation of funds, the office shall set aside from subsequent years' appropriations the amount necessary to complete the project prior to the award of any new grant.
9 NYCRR 435.4 - General applicant information
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)Application procedures for funds under this Subchapter shall depend on the type of project for which funds are sought. Applicants for funds for State, municipal or historic preservation projects should refer to Part 436 of this Title, applicants for funds for municipal park projects should refer to Part 437 of this Title and applicants for funds for urban cultural park projects should refer to Part 438 of this Title.
(b)It shall be the responsibility of the applicant to evaluate the proposed project using the eligibility criteria found in each Part and to determine under which program to apply for assistance.
(c)Some projects may consist of several elements which fit into different categories; for example, a historic property, such as a stone bridge, in a municipal park. Applicants are advised to divide the project into these elements and to submit a separate application for each element under the appropriate program.
(d)An applicant shall not submit an application for the same project to different programs for consideration during the same grants cycle. However, applications for separate elements of the same project may be submitted simultaneously. In our example, a municipality may simultaneously apply for a historic preservation grant to repair the stone bridge in the municipal park and a municipal park grant to develop a picnic area and playground.
(e)If an application does not receive funds in two consecutive grants cycles in one program, it may be submitted for funds under another program. The application should be refiled using the procedures of the second program.
9 NYCRR 435.5 - Affirmative action and equal employment opportunity program
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LawEngine holds a witnessed source copy, but later State Register activity targets this section. Inline text is withheld until the change record and source text are reconciled.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source-only entry
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- PKR-30-22-00001-P · Proposed rule · Jul 27, 2022
- Source snapshot
- Jun 6, 2026
9 NYCRR 435.6 - Minority and women-owned business enterprise program
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- PKR-30-22-00001-P · Proposed rule · Jul 27, 2022
- Source snapshot
- Jun 6, 2026
(a)The office shall establish procedures and guidelines to ensure that grant recipients and their contractors and subcontractors undertake programs to utilize minority and women-owned business enterprises on projects undertaken pursuant to this Subchapter. This section shall be applicable to grants awarded prior to June 1, 1989. For grants awarded after June 1, 1989, the provisions of article 15-A of the Executive Law, Participation by Minority Group Members and Women with Respect to State Contracts, shall apply.
(b)Each grant recipient shall be responsible for requiring each contractor to submit a minority and women-owned business enterprise utilization plan prior to the award of a contract.
(c)Goals.
(1)The goals for the participation of minority and women-owned business enterprises on projects under this Subchapter shall be as follows:
(i)for minority-owned business enterprises, a goal of at least 12 percent of the total dollar value of contracts awarded; and
(ii)for women-owned business enterprises, a goal of at least five percent of the total dollar value of contracts awarded.
(2)These goals may be adjusted on the basis of the following criteria:
(i)relevant demographic data;
(ii)availability of minority and women-owned business enterprises selling services or goods needed for contract performance;
(iii)possibilities for solicitation of minority and women-owned business enterprises;
(iv)past performance in regard to minority and women-owned business programs;
(v)the office's ability to identify minority and women-owned businesses which can be used by contractors to comply with the goal requirements of the office; and
(vi)other relevant facts or circumstances.
(d)The grant recipient shall include and require that all contracts pursuant to this Subchapter and all documents soliciting bids or proposals therefor shall contain and make reference to the following provisions:
(1)that the contractor comply with the recordkeeping, reporting and notice requirements of this section; and
(2)that sanctions will be imposed for a contractor's failure to comply with the requirements of this section.
(e)Every grant recipient and its contractors and subcontractors shall be required to make good faith efforts to meet goal requirements. Good faith efforts may include:
(1)advertisement in appropriate general circulation, trade and minority and women-oriented media;
(2)timely notice of contract opportunities;
(3)the development and maintenance of lists for purposes of notifying minorities and women of contracting opportunities; and
(4)maintenance of records required by the office for documenting the contractor's actions, which identify minority and women contract opportunities.
(f)Sanctions may be imposed by the office for failure to meet goal requirements unless the office determines that goal requirements should be waived because a grant recipient has made a good faith effort to comply with such requirements. Sanctions may include the following:
(1)reduction of the agreement price;
(2)suspension or termination of the agreement;
(3)retention of payments until compliance is achieved; and
(4)other penalties of which a grant recipient has notice in writing prior to or during the performance of an agreement.
(g)Any person having a question about any determination made pursuant to this Part may contact the Commissioner of Parks, Recreation and Historic Preservation, Office of Parks, Recreation and Historic Preservation, Agency Building No. 1, Empire State Plaza, Albany, NY 12238, (518) 474-0443.
(h)In the implementation of this section, the office shall consider compliance by any contractor with the requirements of any Federal, State or local law concerning minority and women-owned business enterprises, which may effectuate the requirements of this section. If the office determines that by virtue of the imposition of the requirements of any such law, in respect to capital project contracts, the provisions thereof duplicate or conflict with such law, the office will waive the applicability of this section to the extent of such duplication or conflict.
(i)In order to implement the requirements and objectives of this section, the office shall establish procedures to monitor all contractors' compliance with provisions of this section, provide assistance in obtaining competing certified minority and women-owned business enterprises to perform contracts proposed to be awarded, and take other appropriate measures to improve the access of minority and women-owned business enterprises to these contracts.
9 NYCRR 435.7 - Project agreements; maintenance of effort
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)Each grant recipient shall enter into a project agreement with the office for the funding of the project. Such project agreement shall contain provisions which shall include, but not be limited to, the following:
(1)The proposal or application which was submitted to the office and approved by the commissioner, with such modifications as may be required by the commissioner for such approval, shall be made a part of the project agreement. No changes may be made to such proposal or application, as modified, without the written approval of the commissioner.
(2)The agreement shall provide for the public to have such access to the facility or property, and for such period of time, as shall be determined by the commissioner to be appropriate to that project.
(3)There shall be barrier-free access for disabled patrons in accordance with applicable New York State statutes.
(4)A project sign in a form to be determined by the office shall be installed on the property.
(5)All contracts for work under this Subchapter shall be publicly bid in accordance with section 103 of the General Municipal Law.
(6)The agreement shall contain a project term.
(7)The provisions of sections 435.5 and 435.6 of this Part shall be a part of the agreement. Further, the grant recipient will include the provisions of sections 435.5 and 435.6 in every contract in relation to the project agreement in such a manner that such provisions will be binding upon each contractor and subcontractor as to its work in connection with the project agreement.
(8)The agreement shall include such other provisions as shall be required by State law, the Attorney General, the State Comptroller and the office.
(b)Maintenance of effort.
Each recipient of funds made available under this Subchapter shall be required to certify that such assistance will supplement and not supplant funds already appropriated or identified by the applicant for the implementation of the project.
9 NYCRR 435.8 - Public participation
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)Annual report.
The office shall prepare and make available an annual report on the implementation of title 9 of article 52 of the Environmental Conservation Law and these regulations.
(1)Such report shall include, but not be limited to, the following:
(i)the distribution of all funds during the preceding fiscal year and since the enactment of title 9 of the Environmental Conservation Law, by program and by category of project;
(ii)the distribution of funds by county and by State park region;
(iii)the distribution of funds among projects that are related to natural resource protection/interpretation and passive recreation; facility development or construction; or a combination of resource protection and facility development;
(iv)the distribution of funds for the acquisition of land or facilities, development of new facilities or rehabilitation of existing facilities; and
(v)the distribution of funds between indoor and outdoor municipal park projects.
(2)The report will be available to the general public for review and comment. Notice of its availability will be provided through a statewide press release and publication in the Environmental Notice Bulletin. Copies of the report will be distributed by direct mailing to interest groups and organizations.
(b)Workshop.
Following distribution of each annual report, the office will conduct a workshop(s) for discussion of the implementation of title 9 of the Environmental Conservation Law and issues raised by the report, for identification of concerns and for recommendations for improvements in program administration and changes to the regulations and ranking and review procedures. Results from the workshop(s) will be summarized and made available to participants and other interested parties.
(c)The analysis of the distribution of grants in the annual report and the comments made at the workshop(s) will be evaluated by the office in the preparation of revisions to the regulations and ranking and review procedures.
(d)Proposed changes to the regulations and ranking and review procedures will be submitted to the State Board for Historic Preservation; the State Council of Parks, Recreation and Historic Preservation; the New York State Urban Cultural Parks Advisory Council; and the EQBA Advisory Task Force for review and comment.
(e)Substantive changes to the regulations and the ranking and review procedures will be subject to review under the State Environmental Quality Review Act.
(f)EQBA advisory task force.
(1)Within three months of the adoption of this Subchapter, the commissioner shall form an EQBA advisory task force. The task force shall consist of twelve members: two members with expertise in each of the program areas of historic preservation, municipal parks and urban cultural parks, two members representing the Department of Environmental Conservation, two members representing the environmental community and two members from the public at large. Members shall be appointed by the commissioner and serve at his discretion, except that the members representing the Department of Environmental Conservation shall be appointed by the Commissioner of Environmental Conservation.
(2)The task force shall meet at the direction of the commissioner but in no event shall it meet less than once each year following completion of the annual report.
(3)The chairman of the task force shall be designated from among its members by the commissioner.
(4)It shall be the responsibility of the EQBA advisory task force to review the annual report and to make recommendations to the commissioner regarding the implementation of title 9 of article 52 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 7 of article 52 of the Environmental Conservation Law 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 EQBA advisory task force is to make recommendations regarding the overall implementation of title 9 and this Subchapter; not to review or make recommendations relating to specific project applications.