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.
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.
LBD03435-03-9
S. 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 [nine
43 hundred 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. Upon
S. 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.
