§ 54-1511. State assistance payments for climate smart community

projects.

1. Unless otherwise specified by law, the commissioner is authorized
to provide on a competitive basis, within amounts appropriated, state
assistance payments to a municipality toward the cost of any climate
smart community project approved by the commissioner provided that the
commissioner determines that future physical climate risk due to sea
level rise, and/or storm surges and/or flooding, based on available data
predicting the likelihood of future extreme weather events, including
hazard risk analysis data if applicable, has been considered, except
that such determination shall not apply to rebates for eligible
purchases pursuant to section 54-1521 of this title.

2. The commissioner and a municipality may enter into a contract for
the undertaking of a climate smart community project. Such project shall
be recommended to the commissioner by the governing body of the
municipality, and when approved by the commissioner, undertaken by the
municipality pursuant to this article and any other applicable
provisions of law.

3. State assistance payments shall not exceed fifty percent of the
project cost or two million dollars, whichever is less, provided however
if a municipality meets criteria established by the department relating
to either financial hardship or disadvantaged communities pursuant to
section 75-0101 of this chapter, the commissioner may authorize state
assistance payments of up to eighty percent of the project cost or two
million dollars, whichever is less. Such costs are subject to final
computation and determination by the commissioner upon completion of the
project, and shall not exceed the maximum eligible cost set forth in the
contract. A determination of financial hardship shall be based on
criteria that clearly indicates that the municipality is experiencing
significant and widespread financial distress, with primary
consideration given to whether a municipality has a median household
income at or below eighty percent of the state median household income.

4. The commissioner shall promulgate rules and regulations which shall
include criteria for determining eligible expenditures and procedures
for governing the commitment and disbursement of funds appropriated in
accordance with this title. The commissioner shall also promulgate rules
and regulations which shall include application procedures, review
processes, and project approval guidelines and criteria.