S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4124--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Environmental Conservation -- reported and referred to the  Commit-
  tee  on  Ways and Means -- 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:

  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 and a new subdivision 11 is
added 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02999-03-5
              

A. 4124--A                          2

  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
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.

A. 4124--A                          3

  11.  FOR PURPOSES OF THIS SECTION, NO APPLICATION BY A COMMUNITY BOARD
FOR PARTICIPATION SHALL BE CONSIDERED ELIGIBLE FOR THE AWARDING  OF  ANY
GRANTS  AVAILABLE  HEREIN  UNLESS  THE APPLICATION ALSO INCLUDES CERTIF-
ICATION BY THE BOROUGH PRESIDENT OF THE REQUISITE BOROUGH APPROVING  THE
SUBMISSION OF SUCH AN APPLICATION.
  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-
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  two  new
subdivisions 8 and 9 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.
  9. "BOROUGH PRESIDENT" SHALL HAVE THE SAME MEANING  AS  SET  FORTH  IN
CHAPTER FOUR OF THE NEW YORK CITY CHARTER.
  S 4. This act shall take effect immediately.