S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4489
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2017
                                ___________
 
 Introduced  by Sens. MONTGOMERY, COMRIE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Finance
 
 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.
   3. A local government [or],  two  or  more  local  governments  acting
 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.
              

                                                            LBD07730-01-7

 S. 4489                             2
 
 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.
   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-

 S. 4489                             3
 
 ICATION  BY THE BOROUGH PRESIDENT OF THE REQUISITE BOROUGH APPROVING THE
 SUBMISSION OF SUCH AN APPLICATION.
   § 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;
   § 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.
   § 4. This act shall take effect immediately.