PKR-17-09-00004-P Environmental Protection Fund (EPF) Grants for Park, Historic Preservation and Heritage Area Projects

4/29/09 N.Y. St. Reg. PKR-17-09-00004-P

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 17

April 29, 2009

RULE MAKING ACTIVITIES

OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PKR-17-09-00004-P

Environmental Protection Fund (EPF) Grants for Park, Historic Preservation and Heritage Area Projects

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend Parts 439, 440, 441, 442 and 443; and repeal section 439.4 of Title 9 NYCRR.

Statutory authority:

Parks, Recreation and Historic Preservation Law, section 3.09(8); Environmental Conservation Law, art. 54

Subject:

Environmental Protection Fund (EPF) grants for park, historic preservation and heritage area projects.

Purpose:

To conform the rule to statutory changes and clarify application requirements.

Substance of proposed rule (Full text is posted at the following State website:www.nysparks.state.ny.us):

The proposed rule:

• Clarifies the authority and purpose of Title 9 of the Environmental Protection Act and clarifies that heritage area projects are also eligible for State assistance (Section 439.1);

• In accordance with the recent statutory changes, updates the definitions of "heritage area project," "historic preservation project" and" park project" to include costs of planning and structural assessment; clarifies the definition of "municipality;" and updates the definition of the "Secretary of the Interior's Standards for the Treatment of Historic Properties" by reference to 36 CFR Part 68. It also amends the definition of "cost" to include federal assistance in the approved project cost (Section 439.2);

• Clarifies that a State agency project must be recommended by the State agency's chief executive (Section 440.1);

• Requires the copy of the not-for-profit corporation's certificate from either the Department of State or Board of Regents and the IRS determination letter be included in the grant application, and requires verification of not-for-profit status for the project agreement (Section 440.2);

• Clarifies that the State may not guarantee a project or public benefit agreement for a project on State land (Section 440.3);

• Increases the State assistance up to 75% of approved cost for a project in an area with a 10% or more poverty rate (Section 440.4);

• Allows the fair market value of real property for the project sponsor's match to include only property acquired or converted within 1 year prior to the application deadline date (Section 440.5);

• Clarifies that an application may be obtained from OPRHP's website at www.nysparks.state.ny.us/grants or from OPRHP's Grants Management office in Albany or from OPRHP's 11 regional offices (Section 440.7);

• Clarifies that an application for a park, historic preservation or heritage area project located in the Catskill and Adirondack Parks should be submitted to OPRHP's Grants Management office in Albany. (Section 440.7);

• Clarifies that the project agreement will require a municipality's contracting to comply with General Municipal Law Sections 103 (competitive bidding) and 104-b (procurement policies and procedures), and will require that a not-for-profit corporation's procurement policies services ensure prudent and economical use of public money (Section 440.10);

• Clarifies that an "urban cultural park" is now called a "heritage area" (see, PRHPL § 31.01[2] and ECL § 54-0901[3]) (Sections 439.2[f], 440.11 and 443.1);

• Clarifies that eligible park, historic preservation and heritage area projects may include costs for planning and structural assessments and the value of acquisitions made within one year prior to the application deadline (Sections 441.1, 442.1 and 443.1);

• Clarifies that for park projects any required alienation legislation must be part of the application; clarifies the rating criteria for determining public benefit in a public-private partnership; and clarifies that the project agreement will also require commissioner approval and alienation legislation for any proposed subsequent lease, exchange or donation of the park property (Sections 441.2 and 441.4); and

• Repeals an outdated section pertaining to reporting requirements, a task force and public input that are not required by the controlling statute and repeals a SEQRA requirement that is redundant (Section 439.4).

Text of proposed rule and any required statements and analyses may be obtained from:

Kathleen L. Martens, Associate Counsel, Office of Parks, Recreation and Historic Preservation, Empire State Plaza, Agency Building 1, Albany, NY 12238, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

No person is likely to object to adoption of this rule because it merely implements the non-discretionary statutory amendments to ECL Sections 54-0901 and 54-0903 that took effect on January 17, 2009, and it makes technical non-controversial changes. (See SAPA § 102[11]).

Job Impact Statement

The existing rule does not affect jobs or employment opportunities and its repeal would not affect jobs or employment opportunities.