Bill Text: NY A03082 | 2019-2020 | General Assembly | Introduced

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 12-0)

Status: (Introduced) 2019-01-28 - referred to environmental conservation [A03082 Detail]

Download: New_York-2019-A03082-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
        Introduced  by  M.  of  A.  ORTIZ, OTIS -- 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 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.

        A. 3082                             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 [nine
    39  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-

        A. 3082                             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  amended by section 2 of part T of chapter 58 of the laws of 2017, is
     5  amended to read as 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 or payments shall not exceed  seventy-five  percent
    10  of  the  approved  cost  of such projects provided, however, in environ-
    11  mental justice communities, such assistance  payments  and/or  technical
    12  assistance  shall  not  exceed  eighty-five  percent  of the cost of the
    13  program;
    14    § 3.  Section 911 of the executive law is amended by  adding  two  new
    15  subdivisions 8 and 9 to read as follows:
    16    8.  "Community  board"  shall  have  the  same meaning as set forth in
    17  section twenty-eight hundred of the New York city charter.
    18    9. "Borough president" shall have the same meaning  as  set  forth  in
    19  chapter four of the New York city charter.
    20    § 4. This act shall take effect immediately.