S T A T E O F N E W Y O R K
________________________________________________________________________
4334
2013-2014 Regular Sessions
I N S E N A T E
March 21, 2013
___________
Introduced by Sen. YOUNG -- (at request of the Legislative Commission on
Rural Resources) -- read twice and ordered printed, and when printed
to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to allowing soil and
water conservation districts, acting in cooperation with a local
government, to be eligible applicants for the local waterfront revi-
talization grant program
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 and paragraph g
of subdivision 4, the opening paragraph and paragraph h of subdivision 5
and subdivisions 7, 9 and 10 of section 915 of the executive law, subdi-
vision 1 as amended by chapter 454 of the laws of 2001 and subdivision 2
and the opening paragraph of subdivision 5 as amended by chapter 842 of
the laws of 1981, subdivision 3, the opening paragraph and paragraph g
of subdivision 4, paragraph h of subdivision 5 and subdivisions 7, 9 and
10, as added by chapter 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 ANY SOIL AND
WATER CONSERVATION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERN-
MENT OR LOCAL GOVERNMENTS which has any portion of its jurisdiction
contiguous to the state's coastal waters or inland waterways and which
desires to participate 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 ANY SOIL AND WATER CONSERVATION
DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERN-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02522-02-3
S. 4334 2
MENTS for the preparation of a waterfront revitalization program for the
purposes of this article.
3. A local government or two or more local governments acting jointly
OR ANY SOIL AND WATER CONSERVATION DISTRICT, ACTING IN COOPERATION WITH
A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS which intends to submit a water-
front revitalization program for the purposes of this article is strong-
ly encouraged to consult, during its preparation, with other entities
that may be affected by its program, including local governments, SOIL
AND WATER CONSERVATION DISTRICTS, county and regional agencies, appro-
priate port authorities, community based groups and state and federal
agencies. On request by the local government OR THE SOIL AND WATER
CONSERVATION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR
LOCAL GOVERNMENTS, the secretary shall take appropriate action to facil-
itate such consultation.
The secretary shall prepare and distribute guidelines and regulations
for local governments OR SOIL AND WATER CONSERVATION DISTRICTS 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 article generally and shall include, but not be limited
to:
g. Specification of the adequate authority and capability of the local
government OR SOIL AND WATER CONSERVATION DISTRICT, ACTING IN COOPER-
ATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, to implement the
program.
The secretary shall approve any local government OR SOIL AND WATER
CONSERVATION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR
LOCAL GOVERNMENTS, 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 SOIL AND WATER
CONSERVATION DISTRICT:
h. A statement identifying those elements of the program which can be
implemented by the local government OR SOIL AND WATER CONSERVATION
DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERN-
MENTS, 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 revitalization 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, THE SOIL AND WATER CONSERVATION DISTRICT, ACTING IN
COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, 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, SOIL AND WATER CONSERVATION
DISTRICT 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 [section nine
hundred fifteen of] this [article] SECTION the affected state agency
shall submit, through appropriate existing clearing house procedures
S. 4334 3
including but not limited to the state environmental quality review law,
information on the proposed action to THE local government OR SOIL AND
WATER CONSERVATION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERN-
MENT OR LOCAL GOVERNMENTS. The local government OR SOIL AND WATER
CONSERVATION DISTRICT 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 SOIL
AND WATER CONSERVATION DISTRICT to modify the proposed action to be
consistent with the local plan.
10. Any local government OR SOIL AND WATER CONSERVATION DISTRICT,
ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS,
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 resolution of its legislative body providing for
such withdrawal. Upon receipt of such resolution, the secretary shall
immediately notify all affected state agencies.
S 2. The opening paragraph of section 916 of the executive law, as
amended by chapter 366 of the laws of 1986, is amended to read as
follows:
In recognition of the state policy set forth in this article to
encourage the revitalization of waterfront areas in a manner consistent
with local objectives, the following benefits shall apply where a local
government OR SOIL AND WATER CONSERVATION DISTRICT waterfront revitali-
zation program has been approved pursuant to section nine hundred
fifteen [or section nine hundred fifteen-a] of this article.
S 3. Section 917 of the executive law, as added by chapter 840 of the
laws of 1981, is amended to read as follows:
S 917. Technical assistance. The secretary shall encourage and assist
local governments AND SOIL AND WATER CONSERVATION DISTRICTS, ACTING IN
COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, in the prepa-
ration of waterfront revitalization programs and in the administration
and implementation of approved programs. Such assistance shall be
provided on request by the local government OR SOIL AND WATER CONSERVA-
TION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL
GOVERNMENTS, and shall include, as may be deemed appropriate by the
secretary, the provision of maps, data, criteria, model implementation
provisions, and technical counsel and advice. In addition, the secretary
shall facilitate consultation and coordination among local, county,
regional, state and federal agencies and community based groups in
connection with the preparation and administration of approved water-
front revitalization programs, and to facilitate the development of
projects called for by approved programs.
S 4. Paragraphs a and b of subdivision 1 and subdivision 2 of section
918 of the executive law, as added by chapter 840 of the laws of 1981,
are amended to read as follows:
a. To any local governments, or to two or more local governments, OR
SOIL AND WATER CONSERVATION DISTRICTS, IN COOPERATION WITH A LOCAL
GOVERNMENT OR LOCAL GOVERNMENTS, for projects approved by the secretary
which lead to preparation of a waterfront revitalization program;
provided, however, that such grants shall not exceed fifty percent of
the approved cost of such projects;
b. To any local government, OR SOIL AND WATER CONSERVATION DISTRICTS,
ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, or
local government agency for research, design, and other activities which
serve to facilitate construction projects provided for in an approved
waterfront revitalization program; provided, however, that such grants
S. 4334 4
shall not exceed ten percent of the estimated cost of such construction
project.
2. Funds available for the purposes of this section shall be allocated
in a fair and equitable manner; such allocation shall reflect the initi-
ative shown by local governments OR SOIL AND WATER CONSERVATION
DISTRICTS, IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS,
in preparing waterfront revitalization programs and in carrying them
out.
S 5. Subdivision 3 of section 920 of the executive law, as added by
chapter 840 of the laws of 1981, is amended to read as follows:
3. The secretary shall make this inventory available to state agen-
cies, local governments, SOIL AND WATER CONSERVATION DISTRICTS and the
public for planning purposes.
S 6. This act shall take effect immediately.