§ 58-0303. Programs, plans and projects.\n 1. Eligible restoration and flood risk reduction projects include, but\nare not limited to costs associated with:\n a. (1) projects identified in state and regional management and\nrestoration programs and plans including but not limited to the Great\nLakes Action Agenda, Mohawk River Basin Action Agenda, Ocean Action\nPlan, Hudson River Estuary Action Agenda, Long Island Sound\nComprehensive Conservation and Management Plan, South Shore Estuary\nReserve Comprehensive Management Plan, Peconic Estuary Comprehensive\nConservation and Management Plan, Delaware Action Plan, Susquehanna\nAction Plan, forest management framework for New York City and New\nYork/New Jersey Harbor Estuary Plan;\n (2) local waterfront revitalization plans prepared pursuant to article\nforty-two of the executive law; and\n (3) coastal rehabilitation and shoreline restoration projects,\nincluding nature-based solutions;\n b. flood risk reduction projects including but not limited to:\nacquisition of real property; moving, lifting or raising of existing\nflood-prone infrastructure or structures; relocation, repair, or raising\nof flood-prone or repeatedly flooded roadways; and projects to remove,\nalter, or right-size dams, bridges, and culverts, but shall not include\nroutine construction or maintenance undertaken by the state and\nmunicipalities which does not provide flood risk reduction benefits; and\n c. restoration projects including but not limited to: floodplain,\nwetland and stream restoration projects; forest conservation; endangered\nand threatened species projects; and habitat restoration projects,\nincluding acquisition of fee title and easements, intended to improve\nthe lands and waters of the state of ecological significance or any part\nthereof, including, but not limited to forests, ponds, bogs, wetlands,\nbays, sounds, streams, rivers, or lakes and shorelines thereof, to\nsupport a spawning, nursery, wintering, migratory, nesting, breeding,\nfeeding, or foraging environment for fish and wildlife and other biota.\n 2. The commissioner and the commissioner of the division of housing\nand community renewal are authorized pursuant to paragraph b of\nsubdivision one of this section to purchase private real property\nidentified as at-risk to flooding, from willing sellers. The\ncommissioner of the division of housing and community renewal shall be\nauthorized to transfer to any state agency or public authority any real\nproperty in order to carry out the purposes of this article. In\nconnection therewith, the housing trust fund corporation shall be\nauthorized to create a subsidiary corporation to carry out the program\nauthorized under this subdivision. Such subsidiary corporation shall\nhave all the privileges, immunities, tax exemption and other exemptions\nof the agency to the extent the same are not inconsistent with this\nsection.\n a. The commissioner and the commissioner of the division of housing\nand community renewal or any other department or state agency that has\nreceived funds suballocated pursuant to this section may enter into\nagreements with municipalities, and not-for-profit corporations for the\npurpose of implementing a program pursuant to this section.\n b. The department and the division of housing and community renewal\nshall prioritize projects in communities based on past flood risk or\nthose that participate in the federal emergency management agency's\n(FEMA) community rating system.\n c. Any state agency or authority, municipality, or not-for-profit\ncorporation purchasing private real property may expend costs associated\nwith:\n (1) the acquisition of real property, based upon the pre-flood fair\nmarket value of the subject property;\n (2) the demolition and removal of structures and/or infrastructure on\nthe property; and\n (3) the restoration of natural resources to facilitate beneficial open\nspace, flood mitigation, and/or shoreline stabilization.\n d.
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