S T A T E O F N E W Y O R K
________________________________________________________________________
783--A
Cal. No. 66
2019-2020 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2019
___________
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Commerce, Economic Devel-
opment and Small Business -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the economic development law, in relation to establish-
ing the transitional green development program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and declaration. At a time when munic-
ipal budgets are stretched to their limits with regard to traditional
expenditures, it is hereby found and declared that there exists within
the state the need to augment the capabilities of municipalities to
identify and coordinate those qualities that give them unique identi-
ties, in order to best exploit those qualities as they transition from
the formerly industrial-based economies to those premised on environ-
mentally sustainable economic growth. The legislature recognizes that
those qualities vary widely from municipality to municipality across the
state and include, but are not limited to, cultural, educational, agri-
cultural, environmental and infrastructural characteristics that
contribute to the municipal and regional identity. It is further found
that it is the public policy of the state to provide special assistance
to those municipalities that seek to best identify and integrate those
capabilities to promote transitional growth and development.
§ 2. The economic development law is amended by adding a new article
23 to read as follows:
ARTICLE 23
TRANSITIONAL GREEN DEVELOPMENT PROGRAM
SECTION 450. DEFINITIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05933-03-9
S. 783--A 2
451. TRANSITIONAL GREEN DEVELOPMENT GRANT PROGRAM.
452. DISTRIBUTION OF GRANTS.
453. GREEN DEVELOPMENT COORDINATOR.
454. RULES AND REGULATIONS.
§ 450. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "APPLICANT" SHALL MEAN THE COUNTY, CITY, TOWN OR VILLAGE SUBMITTING
AN APPLICATION FOR A TRANSITIONAL GREEN DEVELOPMENT GRANT.
2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF ECONOMIC DEVELOPMENT.
3. "TRANSITIONAL GREEN DEVELOPMENT" SHALL MEAN UTILIZING ALL ELEMENTS
OF A MUNICIPALITY'S CURRENT CULTURAL, EDUCATIONAL, ENVIRONMENTAL AND
INFRASTRUCTURAL CHARACTER AND COORDINATING THOSE ATTRIBUTES WITH
VESTIGES OF ITS INDUSTRIAL PAST TO ACHIEVE SUSTAINABLE GREEN DEVELOP-
MENT.
4. "TRANSITIONAL GREEN DEVELOPMENT COORDINATOR" SHALL MEAN AN INDIVID-
UAL DESIGNATED BY THE EXECUTIVE OF THE MUNICIPALITY TO IDENTIFY STAKE-
HOLDERS AND COMMUNITY RESOURCES, AND DIRECT, COORDINATE AND DEVELOP A
PLAN FOR TRANSITIONAL GREEN DEVELOPMENT. SUCH INDIVIDUAL SHALL BE A
RESIDENT OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED OR IN A
COUNTY WITHIN THE STATE CONTIGUOUS TO THE COUNTY IN WHICH THE MUNICI-
PALITY THAT IS RECEIVING THE TRANSITIONAL GREEN DEVELOPMENT GRANT AND
HAVE A BACKGROUND IN URBAN OR REGIONAL OR RURAL PLANNING AND DEVELOP-
MENT.
5. "TRANSITIONAL GREEN DEVELOPMENT GRANT" SHALL MEAN A TWO-YEAR GRANT
TO THE APPLICANT, FUNDED THROUGH THE EMPIRE STATE DEVELOPMENT CORPO-
RATION, DEDICATED TO THE SPECIFIC TASK OF BRINGING TOGETHER LOCAL OFFI-
CIALS, BUSINESS LEADERS, EDUCATIONAL INSTITUTIONS AND A WIDE RANGE OF
COMMUNITY PARTNERS IN A COLLABORATIVE EFFORT TO IDENTIFY THE MUNICI-
PALITY'S UNIQUE QUALITIES, AND DESIGN INNOVATIVE STRATEGIES TO BEST
EXPLOIT THOSE IDENTIFIED CHARACTERISTICS FOR SUSTAINABLE GREEN DEVELOP-
MENT. SUCH GRANT SHALL NOT EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS.
6. "TRANSITIONAL GREEN DEVELOPMENT PLAN" SHALL BE THE PRODUCT OF
CONSULTATION WITH ELECTED AND APPOINTED OFFICIALS, BUSINESS LEADERS, AND
RESIDENTS OF THE COMMUNITY, THE ACTIVE SEARCH AND INVITATION OF IDEAS,
COORDINATION AND CONTEMPORARY, HISTORICAL AND ACADEMIC RESEARCH.
§ 451. TRANSITIONAL GREEN DEVELOPMENT GRANT PROGRAM. THERE IS HEREBY
ESTABLISHED WITHIN THE DEPARTMENT OF ECONOMIC DEVELOPMENT A TRANSITIONAL
GREEN DEVELOPMENT GRANT PROGRAM FOR THE PURPOSE OF ADMINISTERING GRANTS
TO MUNICIPALITIES TO ASSIST IN THEIR TRANSITION FROM INDUSTRIAL TO POST-
INDUSTRIAL, ENVIRONMENTALLY SUSTAINABLE ECONOMIES.
§ 452. DISTRIBUTION OF GRANTS. WITHIN THE AMOUNTS APPROPRIATED AND
AVAILABLE THEREFOR, THE COMMISSIONER MAY AWARD A TRANSITIONAL GREEN
DEVELOPMENT GRANT TO LOCAL GOVERNMENTS FOR THE PLANNING, DESIGN, DEVEL-
OPMENT AND PROGRAMMING OF TRANSITIONAL GREEN DEVELOPMENT. SUCH GRANTS TO
MUNICIPALITIES MAY BE USED FOR:
1. THE HIRING OF A TRANSITIONAL GREEN DEVELOPMENT COORDINATOR;
2. THE USE AND MAINTENANCE OF OFFICE SPACE AND MEETING VENUES;
3. THE REASONABLE TRAVEL EXPENSES OF DEVELOPMENT PROFESSIONALS FROM
EDUCATIONAL AND RESEARCH INSTITUTIONS WITHIN THE STATE OF NEW YORK; AND
4. THE PURCHASE OF SUPPLIES NECESSARY FOR THE PRODUCTION OF THE TRAN-
SITIONAL GREEN DEVELOPMENT PLAN.
§ 453. GREEN DEVELOPMENT COORDINATOR. THE TRANSITIONAL GREEN DEVELOP-
MENT COORDINATOR SHALL:
1. BE A PART-TIME POSITION UNDER THE DIRECTION OF THE EXECUTIVE FOR A
PERIOD NOT TO EXCEED TWENTY-FOUR MONTHS;
S. 783--A 3
2. BE SUBJECT TO ALL THE RIGHTS, DUTIES AND OBLIGATIONS OF ARTICLE
FOUR OF THE PUBLIC OFFICERS LAW; AND
3. RECEIVE COMPENSATION NOT TO EXCEED THIRTY THOUSAND DOLLARS, OR
TWENTY-FIVE PERCENT OF THE FULL AMOUNT OF THE TRANSITIONAL GREEN DEVEL-
OPMENT GRANT, WHICHEVER IS LESS, FIFTY PERCENT OF WHICH SHALL BE
DISBURSED DURING EACH YEAR OF THE TWO-YEAR PERIOD OF THE GRANT.
THE TRANSITIONAL GREEN DEVELOPMENT COORDINATOR SHALL DIRECT THE
PRODUCTION OF THE TRANSITIONAL GREEN DEVELOPMENT PLAN, DURING THE FIRST
YEAR OF THE GRANT PERIOD, WHICH SHALL BE PRESENTED IN FINAL DRAFT TO THE
EXECUTIVE AND THE LEGISLATIVE BODY OF THE MUNICIPALITY WITHIN TWELVE
MONTHS OF THE ACCEPTANCE BY THE COMMISSIONER OF THE GRANT APPLICATION.
SUCH PLAN SHALL IDENTIFY THE GENERAL AND UNIQUE CHARACTERISTICS AND
RESOURCES OF THE MUNICIPALITY AND MAKE RECOMMENDATIONS ON HOW TO INTE-
GRATE THOSE CHARACTERISTICS IN COORDINATED GREEN DEVELOPMENT STRATEGY.
THE TRANSITIONAL GREEN DEVELOPMENT COORDINATOR SHALL OVERSEE THE INITIAL
IMPLEMENTATION OF THE TRANSITIONAL GREEN DEVELOPMENT PLAN DURING THE
SECOND YEAR OF THE GRANT PERIOD. NOTHING IN THIS PROVISION SHALL PROHIB-
IT THE EXECUTIVE AND LEGISLATURE FROM CONTINUING THE POSITION OF THE
TRANSITIONAL GREEN DEVELOPMENT COORDINATOR, BY CONTRACT OR DIRECT
EMPLOYMENT THROUGH MUNICIPAL FUNDS, SUBSEQUENT TO THE EXPIRATION OF THE
TRANSITIONAL GREEN DEVELOPMENT GRANT.
§ 454. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE RULES
AND REGULATIONS FOR THE IMPLEMENTATION OF THE TRANSITIONAL GREEN DEVEL-
OPMENT GRANT PROGRAM AND, TO THE EXTENT PRACTICABLE, PROVIDE TECHNICAL
ASSISTANCE IN ALL AREAS TO THE TRANSITIONAL GREEN DEVELOPMENT COORDINA-
TOR, THE EXECUTIVE AND LEGISLATIVE BODIES OF THE GRANT RECIPIENT IN THE
DEVELOPMENT AND IMPLEMENTATION OF THE TRANSITIONAL GREEN DEVELOPMENT
PLAN.
§ 3. This act shall take effect immediately.