* § 11-0535-c. Endangered and threatened species mitigation bank fund.

1. The department is hereby authorized to utilize funds in the
endangered and threatened species mitigation bank fund, established
pursuant to section ninety-nine-hh of the state finance law, for the
purposes of implementing an endangered and threatened species mitigation
plan approved by the department.

2. Such fund shall consist of contributions, in an amount determined
by the department, deposited by an applicant granted a siting permit to
construct a major renewable energy facility, where such applicant has
been ordered to mitigate harm to a threatened or endangered species or
its habitat.

3. In administering the provisions of this article, the commissioner:

a. May, in the name of the state, enter into contracts with
not-for-profit corporations, private or public universities, and private
contractors for services contemplated by this title. Such contracts
shall be subject to approval by the state comptroller and, as to form,
by the attorney general.

b. Shall approve vouchers for payments pursuant to an approved
contract. All such payments shall be paid on the audit and warrant of
the state comptroller;

c. May, in the name of the state, enter into contracts with a
not-for-profit corporation to administer grants made pursuant to this
title, including the approval and payment of vouchers for approved
contracts; and

d. May perform such other and further acts as may be necessary,
proper, or desirable to carry out the provisions of this article.

4. Nothing in this article shall be construed to limit or restrict any
powers of the commissioner or any other agency pursuant to any other
provision of law.

5. The commissioner is authorized and directed to promulgate any
regulations deemed necessary to implement this section.

** 6. The commissioner shall annually report to the department of
public service, the governor, the temporary president of the senate and
the speaker of the assembly on the status of the fund and all monies
added to and expended from the fund.

** NB Repealed December 31, 2040

* NB Repealed December 31, 2030