Section 153. Specific powers, functions and duties


Latest version.
  • 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.