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:

  Section  1. Subdivisions 1, 2, 3, the opening paragraph of subdivision
4, the opening paragraph and paragraph h of subdivision 5, and  subdivi-
sions  7, 9 and 10 of section 915 of the executive law, subdivision 1 as
amended by chapter 454 of the laws of 2001, subdivision 2 and the  open-
ing  paragraph of subdivision 5 as amended by chapter 842 of the laws of
1981, and subdivision 3, the opening paragraph of subdivision  4,  para-
graph h of subdivision 5, and subdivisions 7, 9 and 10 as added by chap-
ter 840 of the laws of 1981, are amended to read as follows:
  1.  It  is the intention of this article to offer the fullest possible
support by the state and its agencies to those  local  governments  that
desire  to  revitalize their waterfronts. Accordingly, any local govern-
ment [or], two or more local governments acting jointly, OR A  COMMUNITY
BOARD  which  has  any  portion  of  its  jurisdiction contiguous to the
state's coastal waters or inland waterways and which desires to  partic-
ipate may submit a waterfront revitalization program to the secretary as
herein provided.
  2.  The  secretary  may  provide technical and financial assistance as
provided in sections nine hundred seventeen and nine hundred eighteen OF
THIS ARTICLE to any local government OR COMMUNITY BOARD for the prepara-
tion of a waterfront revitalization program for  the  purposes  of  this
article.
  3.  A  local  government  [or],  two  or more local governments acting
jointly OR A COMMUNITY BOARD which intends to submit a waterfront  revi-
talization  program for the purposes of this article is strongly encour-
aged to consult, during its preparation, with other entities that may be
affected  by  its  program,  including  local  governments,  county  and
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

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

A. 9012                             3

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