A09012 Summary:

BILL NO    A09012 

SAME AS    SAME AS S06777

SPONSOR    Ortiz

COSPNSR    

MLTSPNSR   

Amd SS915, 918 & 911, Exec L

Allows community boards to apply and receive grants, which shall not exceed 50%
of the approved cost of the project, for waterfront revitalization programs for
coastal areas and inland waterways, in the same manner that local governments
currently do.
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A09012 Actions:

BILL NO    A09012 

03/06/2014 referred to environmental conservation
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A09012 Votes:

There are no votes for this bill in this legislative session.
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A09012 Memo:

BILL NUMBER:A9012

TITLE OF BILL:  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

Purpose:

This legislation would enable New York City community boards located
along New York's coasts or designated inland waterways to be eligible
to apply for grant funding under the State's Local Waterfront
Revitalization Program.

Summary of Provisions:

Community Boards, as defined in section twenty-eight hundred of the
New York City Charter, are added to the list of applicants that are
eligible to apply for funding under the State's Local Waterfront
Revitalization Program as enumerated in various subdivisions of
Section 1 of the executive law.

Justification:

Community boards are local representative bodies that perform a
variety of important tasks that affect the quality of life for
residents of New York City's five boroughs; there are 59 community
boards throughout the City. The Boards' responsibilities include but
are not limited to implementing procedures to improve the delivery of
City services to the district; advising on land use and zoning issues;
assessing the funding needs of their districts and making funding
recommendations during the City's budget process.  Community Boards
are the chief advocate on all issues that are important to the people
who live and work in their communities, including traffic problems,
housing, and economic development.

Community boards are involved in planning for and helping implement
projects in their respective communities, including waterfront
revitalization initiatives. Despite the fact that the boards are
important decision-makers in community life, they are ineligible to
apply for funding under the State's Local Waterfront Revitalization
Program.

Under current law, only a village, town or city along the State's
coast or designated inland waterway can prepare and submit a funding
proposal under this Program. Given their role and involvement in
community life, community boards should be able to apply for necessary
funding to support local waterfront revitalization efforts in their
respective districts.

Legislative History:

New bill.

Fiscal Impact:

None. Community boards would be competing for funding under an
existing program.

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A09012 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         9012

                                 I N  A S S E M B L Y

                                     March 6, 2014
                                      ___________

       Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
         on Environmental Conservation

       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 to read as follows:
    9    1.  It  is the intention of this article to offer the fullest possible
   10  support by the state and its agencies to those  local  governments  that
   11  desire  to  revitalize their waterfronts. Accordingly, any local govern-
   12  ment [or], two or more local governments acting jointly, OR A  COMMUNITY
   13  BOARD  which  has  any  portion  of  its  jurisdiction contiguous to the
   14  state's coastal waters or inland waterways and which desires to  partic-
   15  ipate may submit a waterfront revitalization program to the secretary as
   16  herein provided.
   17    2.  The  secretary  may  provide technical and financial assistance as
   18  provided in sections nine hundred seventeen and nine hundred eighteen OF
   19  THIS ARTICLE to any local government OR COMMUNITY BOARD for the prepara-
   20  tion of a waterfront revitalization program for  the  purposes  of  this
   21  article.
   22    3.  A  local  government  [or],  two  or more local governments acting
   23  jointly OR A COMMUNITY BOARD which intends to submit a waterfront  revi-
   24  talization  program for the purposes of this article is strongly encour-
   25  aged to consult, during its preparation, with other entities that may be
   26  affected  by  its  program,  including  local  governments,  county  and
   27  regional  agencies, appropriate port authorities, community based groups

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13839-02-4
       A. 9012                             2

    1  and state and federal agencies. On request by the  local  government  OR
    2  COMMUNITY  BOARD, the secretary shall take appropriate action to facili-
    3  tate such consultation.
    4    The  secretary shall prepare and distribute guidelines and regulations
    5  for local governments OR COMMUNITY BOARDS desiring to prepare, or  cause
    6  to   be  prepared,  a  waterfront  revitalization  program  (hereinafter
    7  referred to as the "program"). Such guidelines shall  provide  that  the
    8  program  will be consistent with the policies and purposes of this arti-
    9  cle generally and shall include, but not be limited to:
   10    The secretary shall approve any local government  OR  COMMUNITY  BOARD
   11  waterfront revitalization program as eligible for the benefits set forth
   12  in  section  nine  hundred sixteen of this article if he finds that such
   13  program will be consistent with coastal policies and  will  achieve  the
   14  waterfront  revitalization  purposes  of  this  article.  In making such
   15  determination, the secretary shall find that  the  program  incorporates
   16  each  of  the  following  to  an extent commensurate with the particular
   17  circumstances of that local government OR COMMUNITY BOARD:
   18    h. A statement identifying those elements of the program which can  be
   19  implemented  by  the  local  government OR COMMUNITY BOARD, unaided, and
   20  those that can only be implemented with  the  aid  of  other  levels  of
   21  government or other agencies. Such statement shall include those permit,
   22  license,  certification  or  approval  programs, grant, loan, subsidy or
   23  other funding assistance programs, facilities construction and  planning
   24  programs  which may affect the achievement of the waterfront revitaliza-
   25  tion program.
   26    7. Where there is a conflict between a submitted waterfront  revitali-
   27  zation  program  and  any state or federal policy, at the request of the
   28  local government,  COMMUNITY  BOARD  or  the  state  or  federal  agency
   29  affected,  the  secretary  shall  attempt  to  reconcile and resolve the
   30  differences between the submitted program and such  policies  and  shall
   31  meet with the local government OR COMMUNITY BOARD and involved state and
   32  federal agencies to this end.
   33    9.  Before  undertaking any action pursuant to any programs identified
   34  pursuant to paragraph [(h)] H of subdivision five of THIS section  [nine
   35  hundred fifteen of this article] the affected state agency shall submit,
   36  through appropriate existing clearing house procedures including but not
   37  limited  to  the  state environmental quality review law, information on
   38  the proposed action to local government OR COMMUNITY BOARD.   The  local
   39  government  OR COMMUNITY BOARD shall identify potential conflicts and so
   40  notify the secretary. Upon notification of the conflict,  the  secretary
   41  will  confer  with the affected state agency and the local government OR
   42  COMMUNITY BOARD to modify the proposed action to be consistent with  the
   43  local plan.
   44    10. Any local government OR COMMUNITY BOARD which has had a waterfront
   45  revitalization  program  approved  pursuant to this section may withdraw
   46  its program at any time by filing with the secretary a copy of a  resol-
   47  ution  of  its  legislative  body  providing  for  such withdrawal. Upon
   48  receipt of such resolution, the secretary shall immediately  notify  all
   49  affected state agencies.
   50    S 2. Paragraph a of subdivision 1 of section 918 of the executive law,
   51  as  added  by  chapter  840  of  the laws of 1981, is amended to read as
   52  follows:
   53    a. To any local governments, [or to] two or more local governments, OR
   54  TO COMMUNITY BOARDS, for projects approved by the secretary  which  lead
   55  to  preparation of a waterfront revitalization program; provided, howev-
       A. 9012                             3

    1  er, that such grants shall not exceed fifty percent of the approved cost
    2  of such projects;
    3    S  3.    Section  911  of the executive law is amended by adding a new
    4  subdivision 8 to read as follows:
    5    8. "COMMUNITY BOARD" SHALL HAVE THE  SAME  MEANING  AS  SET  FORTH  IN
    6  SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER.
    7    S 4. This act shall take effect immediately.
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