|SAME AS||SAME AS A02407|
|COSPNSR||AVELLA, COMRIE, KAVANAGH, LANZA|
|Amd §§915, 918 & 911, Exec L|
|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.|
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STATE OF NEW YORK ________________________________________________________________________ 4489 2017-2018 Regular Sessions IN SENATE February 15, 2017 ___________ Introduced by Sens. MONTGOMERY, COMRIE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Finance 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- 21 tion of a waterfront revitalization program for the purposes of this 22 article. 23 3. A local government [ or], two or more local governments acting 24 jointly or a community board which intends to submit a waterfront revi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07730-01-7S. 4489 2 1 talization program for the purposes of this article is strongly encour- 2 aged to consult, during its preparation, with other entities that may be 3 affected by its program, including local governments, county and 4 regional agencies, appropriate port authorities, community based groups 5 and state and federal agencies. On request by the local government or 6 community board, the secretary shall take appropriate action to facili- 7 tate such consultation. 8 The secretary shall prepare and distribute guidelines and regulations 9 for local governments or community boards desiring to prepare, or cause 10 to be prepared, a waterfront revitalization program (hereinafter 11 referred to as the "program"). Such guidelines shall provide that the 12 program will be consistent with the policies and purposes of this arti- 13 cle generally and shall include, but not be limited to: 14 The secretary shall approve any local government or community board 15 waterfront revitalization program as eligible for the benefits set forth 16 in section nine hundred sixteen of this article if he finds that such 17 program will be consistent with coastal policies and will achieve the 18 waterfront revitalization purposes of this article. In making such 19 determination, the secretary shall find that the program incorporates 20 each of the following to an extent commensurate with the particular 21 circumstances of that local government or community board: 22 h. A statement identifying those elements of the program which can be 23 implemented by the local government or community board, unaided, and 24 those that can only be implemented with the aid of other levels of 25 government or other agencies. Such statement shall include those permit, 26 license, certification or approval programs, grant, loan, subsidy or 27 other funding assistance programs, facilities construction and planning 28 programs which may affect the achievement of the waterfront revitaliza- 29 tion program. 30 7. Where there is a conflict between a submitted waterfront revitali- 31 zation program and any state or federal policy, at the request of the 32 local government, community board or the state or federal agency 33 affected, the secretary shall attempt to reconcile and resolve the 34 differences between the submitted program and such policies and shall 35 meet with the local government or community board and involved state and 36 federal agencies to this end. 37 9. Before undertaking any action pursuant to any programs identified 38 pursuant to paragraph [ (h)] h of subdivision five of this section [ nine39 hundred fifteen of this article] the affected state agency shall submit, 40 through appropriate existing clearing house procedures including but not 41 limited to the state environmental quality review law, information on 42 the proposed action to local government or community board. The local 43 government or community board shall identify potential conflicts and so 44 notify the secretary. Upon notification of the conflict, the secretary 45 will confer with the affected state agency and the local government or 46 community board to modify the proposed action to be consistent with the 47 local plan. 48 10. Any local government or community board which has had a waterfront 49 revitalization program approved pursuant to this section may withdraw 50 its program at any time by filing with the secretary a copy of a resol- 51 ution of its legislative body providing for such withdrawal. Upon 52 receipt of such resolution, the secretary shall immediately notify all 53 affected state agencies. 54 11. For purposes of this section, no application by a community board 55 for participation shall be considered eligible for the awarding of any 56 grants available herein unless the application also includes certif-S. 4489 3 1 ication by the borough president of the requisite borough approving the 2 submission of such an application. 3 § 2. Paragraph a of subdivision 1 of section 918 of the executive law, 4 as added by chapter 840 of the laws of 1981, is amended to read as 5 follows: 6 a. To any local governments, [ or to] two or more local governments, or 7 to community boards, for projects approved by the secretary which lead 8 to preparation of a waterfront revitalization program; provided, howev- 9 er, that such grants shall not exceed fifty percent of the approved cost 10 of such projects; 11 § 3. Section 911 of the executive law is amended by adding two new 12 subdivisions 8 and 9 to read as follows: 13 8. "Community board" shall have the same meaning as set forth in 14 section twenty-eight hundred of the New York city charter. 15 9. "Borough president" shall have the same meaning as set forth in 16 chapter four of the New York city charter. 17 § 4. This act shall take effect immediately.