S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  745--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. MONTGOMERY, COMRIE, GOUNARDES, LIU -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Finance -- 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03435-03-9

 S. 745--A                           2
 
 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
 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

 S. 745--A                           3
 
 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-
 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  amended by section 2 of part T of chapter 58 of the laws of 2017, 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 or payments shall not exceed  seventy-five  percent
 of  the  approved  cost  of such projects provided, however, in environ-
 mental justice communities, such assistance  payments  and/or  technical
 assistance  shall  not  exceed  eighty-five  percent  of the cost of the
 program;
   § 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.