Bill Text: NY S00745 | 2019-2020 | General Assembly | Amended
Bill Title: Allows community boards to apply and receive grants for waterfront revitalization programs for coastal areas and inland waterways, in the same manner that local governments currently do.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2020-07-22 - referred to environmental conservation [S00745 Detail]
Download: New_York-2019-S00745-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 745--A 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sens. MONTGOMERY, COMRIE, GOUNARDES, LIU -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to allowing community boards to apply and receive grants for waterfront revitalization programs for coastal areas and inland waterways The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1, 2, 3, the opening paragraph of subdivision 2 4, the opening paragraph and paragraph h of subdivision 5, and subdivi- 3 sions 7, 9 and 10 of section 915 of the executive law, subdivision 1 as 4 amended by chapter 454 of the laws of 2001, subdivision 2 and the open- 5 ing paragraph of subdivision 5 as amended by chapter 842 of the laws of 6 1981, and subdivision 3, the opening paragraph of subdivision 4, para- 7 graph h of subdivision 5, and subdivisions 7, 9 and 10 as added by chap- 8 ter 840 of the laws of 1981, are amended and a new subdivision 11 is 9 added to read as follows: 10 1. It is the intention of this article to offer the fullest possible 11 support by the state and its agencies to those local governments that 12 desire to revitalize their waterfronts. Accordingly, any local govern- 13 ment [or], two or more local governments acting jointly, or a community 14 board which has any portion of its jurisdiction contiguous to the 15 state's coastal waters or inland waterways and which desires to partic- 16 ipate may submit a waterfront revitalization program to the secretary as 17 herein provided. 18 2. The secretary may provide technical and financial assistance as 19 provided in sections nine hundred seventeen and nine hundred eighteen of 20 this article to any local government or community board for the prepara- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03435-03-9S. 745--A 2 1 tion of a waterfront revitalization program for the purposes of this 2 article. 3 3. A local government [or], two or more local governments acting 4 jointly or a community board which intends to submit a waterfront revi- 5 talization program for the purposes of this article is strongly encour- 6 aged to consult, during its preparation, with other entities that may be 7 affected by its program, including local governments, county and 8 regional agencies, appropriate port authorities, community based groups 9 and state and federal agencies. On request by the local government or 10 community board, the secretary shall take appropriate action to facili- 11 tate such consultation. 12 The secretary shall prepare and distribute guidelines and regulations 13 for local governments or community boards desiring to prepare, or cause 14 to be prepared, a waterfront revitalization program (hereinafter 15 referred to as the "program"). Such guidelines shall provide that the 16 program will be consistent with the policies and purposes of this arti- 17 cle generally and shall include, but not be limited to: 18 The secretary shall approve any local government or community board 19 waterfront revitalization program as eligible for the benefits set forth 20 in section nine hundred sixteen of this article if he finds that such 21 program will be consistent with coastal policies and will achieve the 22 waterfront revitalization purposes of this article. In making such 23 determination, the secretary shall find that the program incorporates 24 each of the following to an extent commensurate with the particular 25 circumstances of that local government or community board: 26 h. A statement identifying those elements of the program which can be 27 implemented by the local government or community board, unaided, and 28 those that can only be implemented with the aid of other levels of 29 government or other agencies. Such statement shall include those permit, 30 license, certification or approval programs, grant, loan, subsidy or 31 other funding assistance programs, facilities construction and planning 32 programs which may affect the achievement of the waterfront revitaliza- 33 tion program. 34 7. Where there is a conflict between a submitted waterfront revitali- 35 zation program and any state or federal policy, at the request of the 36 local government, community board or the state or federal agency 37 affected, the secretary shall attempt to reconcile and resolve the 38 differences between the submitted program and such policies and shall 39 meet with the local government or community board and involved state and 40 federal agencies to this end. 41 9. Before undertaking any action pursuant to any programs identified 42 pursuant to paragraph [(h)] h of subdivision five of this section [nine43hundred fifteen of this article] the affected state agency shall submit, 44 through appropriate existing clearing house procedures including but not 45 limited to the state environmental quality review law, information on 46 the proposed action to local government or community board. The local 47 government or community board shall identify potential conflicts and so 48 notify the secretary. Upon notification of the conflict, the secretary 49 will confer with the affected state agency and the local government or 50 community board to modify the proposed action to be consistent with the 51 local plan. 52 10. Any local government or community board which has had a waterfront 53 revitalization program approved pursuant to this section may withdraw 54 its program at any time by filing with the secretary a copy of a resol- 55 ution of its legislative body providing for such withdrawal. UponS. 745--A 3 1 receipt of such resolution, the secretary shall immediately notify all 2 affected state agencies. 3 11. For purposes of this section, no application by a community board 4 for participation shall be considered eligible for the awarding of any 5 grants available herein unless the application also includes certif- 6 ication by the borough president of the requisite borough approving the 7 submission of such an application. 8 § 2. Paragraph a of subdivision 1 of section 918 of the executive law, 9 as amended by section 2 of part T of chapter 58 of the laws of 2017, is 10 amended to read as follows: 11 a. To any local governments, [or to] two or more local governments, or 12 to community boards, for projects approved by the secretary which lead 13 to preparation of a waterfront revitalization program; provided, howev- 14 er, that such grants or payments shall not exceed seventy-five percent 15 of the approved cost of such projects provided, however, in environ- 16 mental justice communities, such assistance payments and/or technical 17 assistance shall not exceed eighty-five percent of the cost of the 18 program; 19 § 3. Section 911 of the executive law is amended by adding two new 20 subdivisions 8 and 9 to read as follows: 21 8. "Community board" shall have the same meaning as set forth in 22 section twenty-eight hundred of the New York city charter. 23 9. "Borough president" shall have the same meaning as set forth in 24 chapter four of the New York city charter. 25 § 4. This act shall take effect immediately.