Article 6-B - Services to Localities
ARTICLE 6-B SERVICES TO LOCALITIES
Section 150. Legislative findings.
151. Definitions.
152. General functions, powers and duties.
153. Specific powers, functions and duties.
§ 150. Legislative findings. The legislature hereby finds and declares that:
1. Strong local government has been a major positive factor in the political, economic and social development of the state;
2. The future welfare of the state depends in large measure on the effectiveness of local government and of its relationships to state government;
3. Population shifts and other economic and social trends have brought new problems to local government;
4. The state has the responsibility toward local government to coordinate state services and information for the benefit of local government, to assist in the solution of its problems, and otherwise to help local government in making itself as strong and effective as possible;
5. The need for a more rational planning process requires a high degree of local, state and interstate cooperation;
6. The need for a single state agency to review and comment on local planning efforts of statewide significance, state agency planning and interstate planning commission programs is recognized;
7. A common data base developed by the official state planning agency in conjunction with planning efforts at all levels of government is essential to effective planning; and
8. State planning and development policies should promote planning programs among state agencies and between levels of government that maximize environmental and economic benefits to the localities.
§ 151. Definitions. As used in this article, the term "municipalities" shall include public corporations as defined in subdivision one of section sixty-six of the general construction law and special districts as defined in subdivision sixteen of section one hundred two of the real property tax law.
§ 152. General functions, powers and duties. The department of state, by and through the secretary of state or duly authorized officers or employees, shall have the following functions, powers and duties:
1. To assist the governor in coordinating the activities and services of those departments and agencies of the state having relationships with municipalities to the end of providing more effective services to such municipalities.
2. To keep the governor informed as to the problems of municipalities and to advise and assist in formulating policies with respect thereto and utilizing the resources of the state government for the benefit of municipalities.
3. To serve as a clearinghouse, for the benefit of municipalities, regarding information relating to their common problems and to the state and federal services available to assist in the solution of those problems.
4. To refer municipalities to the appropriate departments and agencies of the state and federal governments for advice, assistance and available services in connection with particular problems
5. To advise and assist municipalities in the solution of particular problems.
6. To conduct studies and analyses of the problems of municipalities and to make the results thereof available as the secretary may deem appropriate.
7. To encourage and assist cooperative efforts among municipalities in developing among themselves solutions of their common problems.
8. To encourage expansion and improvement of training made available to municipal officials, in cooperation with municipalities and the organizations representing them.
9. To consult with and cooperate with municipalities and officers, organizations, groups and individuals representing them, to the end of more effectively carrying out the functions, powers and duties of the department.
10. To encourage and facilitate cooperation and collaboration among agencies and levels of government, and between government and the private sector, for the protection and development of human, natural and man-made resources.
11. To advise and assist municipalities in the performance of their planning and development activities.
12. To aid and assist, in the provision and coordination of state technical assistance and services in connection with the planning and development activities of municipalities.
13. To provide assistance and guidance to municipalities and, as appropriate, to the private sector, through the compilation, formulation and dissemination of necessary information, projections and techniques relating to development of resources.
14. To undertake any studies, inquiries, surveys or analyses necessary for performance of the functions, powers and duties of the department through the personnel of the department or consultants, or in cooperation with any public or private agencies.
15. To adopt, amend or rescind such rules, regulations and orders as may be necessary or convenient for the performance of its functions, powers and duties under this article.
16. To enter into contracts with any persons, firm, corporation or governmental agency, and to do all other things necessary or convenient to carry out the functions, powers and duties expressly set forth in this article.
17. To effectuate the purposes of this article, and to enable the department properly to carry out its functions, powers and duties, the secretary of state may request from any state department or agency or from any municipality, and the same are hereby authorized to provide, appropriate assistance, services and data.
22. To prepare and recommend to the legislature and the governor legislative proposals relating to municipalities.
23. With the approval of the governor, to accept and administer as agent of the state any gift, grant, devise or bequest, whether conditional or unconditional, including federal grants, for any of the purposes of this article. Any moneys so received may be expended subject to the same limitations as to approval of expenditures and audits as are prescribed for state moneys.
§ 153. Specific powers, functions and duties. The department of state shall have the following specific powers, functions and duties:
1. (a) To act as the official state planning agency for all of the purposes of sections seven hundred one and seven hundred three of the federal housing act of nineteen hundred fifty-four, as heretofore and hereafter amended, except as otherwise provided by law.
(b) To act as agent for, and enter into contracts and otherwise cooperate with, the federal government in connection with the authority referred to in paragraph (a) of this subdivision, and as such agent to administer any grant or advance of funds for the assistance of any such activities to the state, or through the state to the governing bodies of municipalities, legally constituted metropolitan or regional planning agencies, and tribal councils or other legally constituted tribal bodies for planning for an Indian reservation located within the territorial jurisdiction of the state of New York, complying with the provisions of such grants or advances.
(c) To present any claim, other than claims required by law to be presented by the commissioner of transportation, to the federal government or any agency or official thereof with respect to the funds made available for the purposes specified in paragraphs (a) and (b) of this subdivision.
(d) To enter into a contract or contracts with any municipality, legally constituted metropolitan or regional planning agency, or tribal council or other legally constituted tribal body for planning for an Indian reservation located within the territorial jurisdiction of the state of New York, in connection with the authority provided in paragraph (a) of this subdivision for grants to be made to such municipality, planning agency or tribal council or other legally constituted tribal body by the state, within amounts appropriated therefor, for planning projects approved by the secretary, which contracts shall provide that the approved cost of a planning project, over and above the amount which may be received from federal grants therefor, shall be borne in an amount not to exceed one-half thereof by the state pursuant to such contracts and the remainder thereof out of local funds appropriated therefor by such municipality, planning agency or tribal council or other legally constituted tribal body.
2. To act as the official agent of the state for the purpose of administering, carrying out and otherwise cooperating with the federal government in connection with the provisions of the federal Appalachian regional development act of nineteen hundred sixty-five as heretofore and hereafter amended; to apply for, accept, and expend funds made available by the federal government pursuant to such federal acts and enter into any necessary contracts or compacts in connection therewith; and to take any further action which may be required under the terms of any such federal act.
3. To act as the official agent of the state for the purpose of administering, carrying out and otherwise cooperating with the federal government in connection with the provisions of the federal public works and economic development act of nineteen hundred sixty-five, as heretofore and hereafter amended; to apply for, accept, and expend funds made available by the federal government pursuant to such federal acts and enter into any necessary contracts or compacts in connection therewith; to review and approve overall economic development programs prepared under the provisions of such federal acts as to the qualifications of the area or district organization and the adequacy and reasonableness of such programs, and every political subdivision of the state, or private or public non-profit organization or association submitting an overall economic development program to the federal government must submit such overall economic development program for review by the department of state; to act on behalf of the political subdivisions of the state in connection with making findings that projects for which financial assistance is sought under the provisions of such federal acts are consistent with an overall program for the economic development of the area; and to take any further action which may be required under the terms of any such federal acts, including but not limited to delineating economic development districts and economic development regions and providing for the administration of such districts and regions in any manner deemed appropriate by the department, except that with regard to section three hundred two of such act, the governor shall designate the official agent of the state for the purpose of administering, carrying out and otherwise cooperating with the federal government in connection with the provisions of such section.
5. (a) To make or contract to make, within appropriations therefor, state grants to municipalities to cover fifty per centum of the costs to municipalities of preparing applications to the federal government for federal assistance for the planning of comprehensive city demonstration programs as authorized under title one of the demonstration cities and metropolitan development act of nineteen hundred sixty-six as modified by the provisions of title I of the housing and community development act of nineteen hundred seventy-four, and any federal laws as heretofore and hereafter amended, as such costs shall be certified by the municipality and approved by the secretary of state.
(b) In the case of municipalities which have contracted with the federal government for a federal grant to assist in financing the costs of planning comprehensive city demonstration programs under the authority referred to in paragraph (a) of this subdivision, to make or contract to make, within appropriations therefor, state grants to such municipalities to cover fifty per centum of the net cost to the municipality of undertaking and completing such planning, exclusive of any federal assistance, as such net cost shall be certified by the municipality and approved by the secretary of state, but in no event shall such state grants exceed one-eighth of the federal grant.
(c) In the case of municipalities which have had applications approved by the federal government for federal assistance for the planning of comprehensive city demonstration programs under the authority referred to in paragraph (a) of this subdivision, but for which federal funds are not then available, to make or contract to make, within appropriations therefor, state grants to such municipalities in an amount not to exceed ninety per centum of the reasonably anticipated costs of undertaking and completing such planning, as such costs shall be certified by the municipality and approved by the secretary of state; provided, however, that no such grant shall be made unless the municipality agrees to repay such grant out of federal funds made available to the municipality for such planning, when and to the extent such federal funds are made available.
(d) In carrying out the functions, powers and duties prescribed in paragraphs (a), (b) and (c) of this subdivision and in developing plans and applications under title one of the housing and community development act of nineteen hundred seventy-four, to provide such technical assistance to the municipalities as the secretary of state determines to be appropriate.
6. The department of taxation and finance is hereby designated to accept and receive all grants and advances from the federal government pursuant to the provisions of sections seven hundred one and seven hundred three of the federal housing act of nineteen hundred fifty-four and the provisions of the federal Appalachian regional development act of nineteen hundred sixty-five and the federal public works and economic development act of nineteen hundred sixty-five and the federal fire prevention and control act of nineteen hundred seventy-four, as such acts may be amended from time to time, which are provided for the purposes specified in subdivisions one, two, three, four and five of this section and all moneys so accepted and received shall be deposited by the department of taxation and finance in special funds for use exclusively for the purposes for which such grants or advances were made. Payment from such special funds shall be made upon audit and warrant of the comptroller upon vouchers approved by the secretary.
7. Nothing contained in this section shall be deemed to derogate or detract in any way from the functions, powers and duties prescribed by law of any state department or agency or any municipality, nor to interrupt or preclude the direct relationships of any such department or agency with any such municipality for the carrying out of such functions, powers and duties.
Section 150. Legislative findings.
151. Definitions.
152. General functions, powers and duties.
153. Specific powers, functions and duties.
§ 150. Legislative findings. The legislature hereby finds and declares that:
1. Strong local government has been a major positive factor in the political, economic and social development of the state;
2. The future welfare of the state depends in large measure on the effectiveness of local government and of its relationships to state government;
3. Population shifts and other economic and social trends have brought new problems to local government;
4. The state has the responsibility toward local government to coordinate state services and information for the benefit of local government, to assist in the solution of its problems, and otherwise to help local government in making itself as strong and effective as possible;
5. The need for a more rational planning process requires a high degree of local, state and interstate cooperation;
6. The need for a single state agency to review and comment on local planning efforts of statewide significance, state agency planning and interstate planning commission programs is recognized;
7. A common data base developed by the official state planning agency in conjunction with planning efforts at all levels of government is essential to effective planning; and
8. State planning and development policies should promote planning programs among state agencies and between levels of government that maximize environmental and economic benefits to the localities.
§ 151. Definitions. As used in this article, the term "municipalities" shall include public corporations as defined in subdivision one of section sixty-six of the general construction law and special districts as defined in subdivision sixteen of section one hundred two of the real property tax law.
§ 152. General functions, powers and duties. The department of state, by and through the secretary of state or duly authorized officers or employees, shall have the following functions, powers and duties:
1. To assist the governor in coordinating the activities and services of those departments and agencies of the state having relationships with municipalities to the end of providing more effective services to such municipalities.
2. To keep the governor informed as to the problems of municipalities and to advise and assist in formulating policies with respect thereto and utilizing the resources of the state government for the benefit of municipalities.
3. To serve as a clearinghouse, for the benefit of municipalities, regarding information relating to their common problems and to the state and federal services available to assist in the solution of those problems.
4. To refer municipalities to the appropriate departments and agencies of the state and federal governments for advice, assistance and available services in connection with particular problems
5. To advise and assist municipalities in the solution of particular problems.
6. To conduct studies and analyses of the problems of municipalities and to make the results thereof available as the secretary may deem appropriate.
7. To encourage and assist cooperative efforts among municipalities in developing among themselves solutions of their common problems.
8. To encourage expansion and improvement of training made available to municipal officials, in cooperation with municipalities and the organizations representing them.
9. To consult with and cooperate with municipalities and officers, organizations, groups and individuals representing them, to the end of more effectively carrying out the functions, powers and duties of the department.
10. To encourage and facilitate cooperation and collaboration among agencies and levels of government, and between government and the private sector, for the protection and development of human, natural and man-made resources.
11. To advise and assist municipalities in the performance of their planning and development activities.
12. To aid and assist, in the provision and coordination of state technical assistance and services in connection with the planning and development activities of municipalities.
13. To provide assistance and guidance to municipalities and, as appropriate, to the private sector, through the compilation, formulation and dissemination of necessary information, projections and techniques relating to development of resources.
14. To undertake any studies, inquiries, surveys or analyses necessary for performance of the functions, powers and duties of the department through the personnel of the department or consultants, or in cooperation with any public or private agencies.
15. To adopt, amend or rescind such rules, regulations and orders as may be necessary or convenient for the performance of its functions, powers and duties under this article.
16. To enter into contracts with any persons, firm, corporation or governmental agency, and to do all other things necessary or convenient to carry out the functions, powers and duties expressly set forth in this article.
17. To effectuate the purposes of this article, and to enable the department properly to carry out its functions, powers and duties, the secretary of state may request from any state department or agency or from any municipality, and the same are hereby authorized to provide, appropriate assistance, services and data.
22. To prepare and recommend to the legislature and the governor legislative proposals relating to municipalities.
23. With the approval of the governor, to accept and administer as agent of the state any gift, grant, devise or bequest, whether conditional or unconditional, including federal grants, for any of the purposes of this article. Any moneys so received may be expended subject to the same limitations as to approval of expenditures and audits as are prescribed for state moneys.
§ 153. Specific powers, functions and duties. The department of state shall have the following specific powers, functions and duties:
1. (a) To act as the official state planning agency for all of the purposes of sections seven hundred one and seven hundred three of the federal housing act of nineteen hundred fifty-four, as heretofore and hereafter amended, except as otherwise provided by law.
(b) To act as agent for, and enter into contracts and otherwise cooperate with, the federal government in connection with the authority referred to in paragraph (a) of this subdivision, and as such agent to administer any grant or advance of funds for the assistance of any such activities to the state, or through the state to the governing bodies of municipalities, legally constituted metropolitan or regional planning agencies, and tribal councils or other legally constituted tribal bodies for planning for an Indian reservation located within the territorial jurisdiction of the state of New York, complying with the provisions of such grants or advances.
(c) To present any claim, other than claims required by law to be presented by the commissioner of transportation, to the federal government or any agency or official thereof with respect to the funds made available for the purposes specified in paragraphs (a) and (b) of this subdivision.
(d) To enter into a contract or contracts with any municipality, legally constituted metropolitan or regional planning agency, or tribal council or other legally constituted tribal body for planning for an Indian reservation located within the territorial jurisdiction of the state of New York, in connection with the authority provided in paragraph (a) of this subdivision for grants to be made to such municipality, planning agency or tribal council or other legally constituted tribal body by the state, within amounts appropriated therefor, for planning projects approved by the secretary, which contracts shall provide that the approved cost of a planning project, over and above the amount which may be received from federal grants therefor, shall be borne in an amount not to exceed one-half thereof by the state pursuant to such contracts and the remainder thereof out of local funds appropriated therefor by such municipality, planning agency or tribal council or other legally constituted tribal body.
2. To act as the official agent of the state for the purpose of administering, carrying out and otherwise cooperating with the federal government in connection with the provisions of the federal Appalachian regional development act of nineteen hundred sixty-five as heretofore and hereafter amended; to apply for, accept, and expend funds made available by the federal government pursuant to such federal acts and enter into any necessary contracts or compacts in connection therewith; and to take any further action which may be required under the terms of any such federal act.
3. To act as the official agent of the state for the purpose of administering, carrying out and otherwise cooperating with the federal government in connection with the provisions of the federal public works and economic development act of nineteen hundred sixty-five, as heretofore and hereafter amended; to apply for, accept, and expend funds made available by the federal government pursuant to such federal acts and enter into any necessary contracts or compacts in connection therewith; to review and approve overall economic development programs prepared under the provisions of such federal acts as to the qualifications of the area or district organization and the adequacy and reasonableness of such programs, and every political subdivision of the state, or private or public non-profit organization or association submitting an overall economic development program to the federal government must submit such overall economic development program for review by the department of state; to act on behalf of the political subdivisions of the state in connection with making findings that projects for which financial assistance is sought under the provisions of such federal acts are consistent with an overall program for the economic development of the area; and to take any further action which may be required under the terms of any such federal acts, including but not limited to delineating economic development districts and economic development regions and providing for the administration of such districts and regions in any manner deemed appropriate by the department, except that with regard to section three hundred two of such act, the governor shall designate the official agent of the state for the purpose of administering, carrying out and otherwise cooperating with the federal government in connection with the provisions of such section.
5. (a) To make or contract to make, within appropriations therefor, state grants to municipalities to cover fifty per centum of the costs to municipalities of preparing applications to the federal government for federal assistance for the planning of comprehensive city demonstration programs as authorized under title one of the demonstration cities and metropolitan development act of nineteen hundred sixty-six as modified by the provisions of title I of the housing and community development act of nineteen hundred seventy-four, and any federal laws as heretofore and hereafter amended, as such costs shall be certified by the municipality and approved by the secretary of state.
(b) In the case of municipalities which have contracted with the federal government for a federal grant to assist in financing the costs of planning comprehensive city demonstration programs under the authority referred to in paragraph (a) of this subdivision, to make or contract to make, within appropriations therefor, state grants to such municipalities to cover fifty per centum of the net cost to the municipality of undertaking and completing such planning, exclusive of any federal assistance, as such net cost shall be certified by the municipality and approved by the secretary of state, but in no event shall such state grants exceed one-eighth of the federal grant.
(c) In the case of municipalities which have had applications approved by the federal government for federal assistance for the planning of comprehensive city demonstration programs under the authority referred to in paragraph (a) of this subdivision, but for which federal funds are not then available, to make or contract to make, within appropriations therefor, state grants to such municipalities in an amount not to exceed ninety per centum of the reasonably anticipated costs of undertaking and completing such planning, as such costs shall be certified by the municipality and approved by the secretary of state; provided, however, that no such grant shall be made unless the municipality agrees to repay such grant out of federal funds made available to the municipality for such planning, when and to the extent such federal funds are made available.
(d) In carrying out the functions, powers and duties prescribed in paragraphs (a), (b) and (c) of this subdivision and in developing plans and applications under title one of the housing and community development act of nineteen hundred seventy-four, to provide such technical assistance to the municipalities as the secretary of state determines to be appropriate.
6. The department of taxation and finance is hereby designated to accept and receive all grants and advances from the federal government pursuant to the provisions of sections seven hundred one and seven hundred three of the federal housing act of nineteen hundred fifty-four and the provisions of the federal Appalachian regional development act of nineteen hundred sixty-five and the federal public works and economic development act of nineteen hundred sixty-five and the federal fire prevention and control act of nineteen hundred seventy-four, as such acts may be amended from time to time, which are provided for the purposes specified in subdivisions one, two, three, four and five of this section and all moneys so accepted and received shall be deposited by the department of taxation and finance in special funds for use exclusively for the purposes for which such grants or advances were made. Payment from such special funds shall be made upon audit and warrant of the comptroller upon vouchers approved by the secretary.
7. Nothing contained in this section shall be deemed to derogate or detract in any way from the functions, powers and duties prescribed by law of any state department or agency or any municipality, nor to interrupt or preclude the direct relationships of any such department or agency with any such municipality for the carrying out of such functions, powers and duties.
