S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    526
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
   tee on Tourism, Parks, Arts and Sports Development
 
 AN ACT to amend the arts and cultural affairs law, in  relation  to  the
   establishment  of  regional arts, cultural affairs, and parks accessi-
   bility and sustainability grants

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  arts and cultural affairs law is amended by adding a
 new article 6 to read as follows:
                                 ARTICLE 6
       REGIONAL ARTS, CULTURAL AFFAIRS, AND PARKS ACCESSIBILITY AND
                           SUSTAINABILITY GRANTS
 SECTION 6.01. DEFINITIONS.
         6.03. ESTABLISHMENT  OF  ARTS,  CULTURAL  AFFAIRS,   AND   PARKS
                 REGIONS.
         6.05. REGIONAL  ARTS,  CULTURAL  AFFAIRS,  AND PARKS COMPETITIVE
                 ACCESSIBILITY AND SUSTAINABILITY GRANTS.
   § 6.01. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "REGIONS" SHALL MEAN THE ARTS, CULTURAL AFFAIRS, AND PARKS REGIONS
 ESTABLISHED IN SECTION 6.03 OF THIS ARTICLE.
   2. "REGIONAL COUNCILS" SHALL MEAN  THE  COUNCILS  WHICH  ISSUE  GRANTS
 UNDER SECTION 6.05 OF THIS ARTICLE.
   3.  "ACCESSIBILITY  PROGRAMS"  SHALL  MEAN  PROGRAMS  WHICH: (A) BRING
 FACILITIES INTO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT;  OR
 (B)  IMPROVING THE ABILITY FOR DISABLED PERSONS TO USE AN ORGANIZATION'S
 FACILITIES.
   4. "SUSTAINABILITY PROGRAMS" SHALL MEAN PROGRAMS  WHICH:  (A)  PROMOTE
 SMART  GROWTH  AND  SMART SITE PLANNING; (B) REDUCE GREENHOUSE GAS EMIS-
 SIONS; (C) ACHIEVE ENERGY EFFICIENCY AND REDUCE ENERGY CONSUMPTION;  (D)
 FACILITATE  THE  INCORPORATION  OF ENVIRONMENTALLY RESPONSIBLE PRODUCTS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00137-01-3
              

 A. 526                              2
 
 (E) PROMOTE THE EFFICIENT USE OF  NATURAL  RESOURCES;  (F)  PROMOTE  THE
 CONSERVATION OF MATERIALS AND RESOURCES; AND (G) REDUCE WASTE.
   §  6.03.  ESTABLISHMENT  OF ARTS, CULTURAL AFFAIRS, AND PARKS REGIONS.
 TEN ARTS, CULTURAL AFFAIRS, AND PARKS REGIONS SHALL BE ESTABLISHED WITH-
 IN THE STATE, ONE FOR EACH OF THE FOLLOWING REGIONS:
   1. LONG ISLAND (WHICH CONSISTS OF SUFFOLK AND NASSAU COUNTIES);
   2. THE CITY OF NEW YORK (WHICH CONSISTS OF BRONX,  NEW  YORK,  QUEENS,
 KINGS, AND RICHMOND COUNTIES);
   3.  THE  MID-HUDSON REGION (WHICH CONSISTS OF SULLIVAN, ULSTER, DUTCH-
 ESS, ORANGE, PUTNAM, WESTCHESTER, AND ROCKLAND COUNTIES);
   4. THE SOUTHERN TIER (WHICH CONSISTS OF STEUBEN,  SCHUYLER,  TOMPKINS,
 CHEMUNG, TIOGA, CHENANGO, BROOME, AND DELAWARE COUNTIES);
   5. THE CAPITAL REGION (WHICH CONSISTS OF WARREN, WASHINGTON, SARATOGA,
 SCHENECTADY, RENSSELAER, ALBANY, COLUMBIA, AND GREENE COUNTIES);
   6.  THE  MOHAWK  VALLEY  (WHICH  CONSISTS OF ONEIDA, HERKIMER, FULTON,
 MONTGOMERY, OTSEGO, AND SCHOHARIE COUNTIES);
   7. THE  NORTH  COUNTRY  (WHICH  CONSISTS  OF  CLINTON,  FRANKLIN,  ST.
 LAWRENCE, JEFFERSON, LEWIS, HAMILTON, AND ESSEX COUNTIES);
   8.  THE  CENTRAL  REGION  (WHICH CONSISTS OF OSWEGO, CAYUGA, ONONDAGA,
 MADISON, AND CORTLAND COUNTIES);
   9. THE FINGER LAKES REGION (WHICH CONSISTS OF ORLEANS, MONROE,  WAYNE,
 GENESEE, WYOMING, LIVINGSTON, ONTARIO, SENECA, AND YATES COUNTIES); AND
   10.  THE  WESTERN REGION (WHICH CONSISTS OF NIAGARA, ERIE, CHAUTAUQUA,
 CATTARAUGUS, AND ALLEGANY COUNTIES).
   § 6.05. REGIONAL ARTS, CULTURAL AFFAIRS, AND PARKS COMPETITIVE  ACCES-
 SIBILITY  AND  SUSTAINABILITY  GRANTS.  1.  THE  GOVERNOR SHALL, IN EACH
 REGION, ESTABLISH A COUNCIL WHICH SHALL ISSUE COMPETITIVE  ACCESSIBILITY
 AND  SUSTAINABILITY  GRANTS  WITHIN  THE  REGION.  FIVE  MEMBERS OF EACH
 REGIONAL COUNCIL SHALL BE LOCAL EXPERTS AND STAKEHOLDERS FROM  ARTS  AND
 CULTURAL  AFFAIRS  ORGANIZATIONS  AND  PARKS  ORGANIZATIONS  WITHIN  THE
 REGION, ONE MEMBER OF EACH REGIONAL COUNCIL SHALL BE AN EXPERT IN ACCES-
 SIBILITY, AND ONE MEMBER OF EACH REGIONAL COUNCIL SHALL BE AN EXPERT  IN
 SUSTAINABILITY  PROGRAMS.   EACH REGIONAL COUNCIL SHALL HAVE SEVEN TOTAL
 MEMBERS APPOINTED TO SUCH COUNCIL. FIVE MEMBERS OF EACH REGIONAL COUNCIL
 SHALL BE APPOINTED BY THE GOVERNOR AND SHALL SERVE AT  THE  PLEASURE  OF
 THE  GOVERNOR, ONE MEMBER OF EACH REGIONAL COUNCIL SHALL BE APPOINTED BY
 THE SPEAKER OF THE ASSEMBLY AND SERVE AT THE PLEASURE OF  THE  ASSEMBLY,
 AND ONE MEMBER OF EACH REGIONAL COUNCIL SHALL BE APPOINTED BY THE TEMPO-
 RARY  PRESIDENT  OF  THE SENATE AND SERVE AT THE PLEASURE OF THE SENATE.
 ALL MEMBERS OF THE REGIONAL COUNCILS SHALL BE SUBJECT TO THE  PROVISIONS
 OF SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS LAW.
   2. THE REGIONAL COUNCILS SHALL, WITH APPROVAL FROM THE GOVERNOR, ISSUE
 COMPETITIVE ACCESSIBILITY AND SUSTAINABILITY GRANTS TO ARTS AND CULTURAL
 AFFAIRS  ORGANIZATIONS  AND  PARKS ORGANIZATIONS WITHIN THEIR REGION FOR
 CAPITAL PROJECTS SUCH THAT:
   (A) IN THE CITY OF NEW YORK REGION, AN EQUAL AMOUNT OF GRANT MONEY  IS
 ISSUED TO ORGANIZATIONS WITH OPERATING BUDGETS OF TEN MILLION DOLLARS OR
 MORE  AS  IS ISSUED TO ORGANIZATIONS WITH OPERATING BUDGETS OF LESS THAN
 TEN MILLION DOLLARS; AND
   (B) IN ALL OTHER REGIONS, AN EQUAL AMOUNT OF GRANT MONEY IS ISSUED  TO
 ORGANIZATIONS  WITH OPERATING BUDGETS OF FIVE MILLION DOLLARS OR MORE AS
 IS ISSUED TO ORGANIZATIONS WITH OPERATING  BUDGETS  OF  LESS  THAN  FIVE
 MILLION DOLLARS.
   3.  THE  REGIONAL  COUNCILS  SHALL ISSUE COMPETITIVE ACCESSIBILITY AND
 SUSTAINABILITY GRANTS FOR  IMPLEMENTING  ACCESSIBILITY  PROGRAMS  AND/OR
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 SUSTAINABILITY PROGRAMS AT THE ORGANIZATION. SUCH GRANTS SHALL BE ISSUED
 BASED ON CRITERIA ESTABLISHED BY THE GOVERNOR FOR SUCH PURPOSE.
   4.  NO  REGIONAL  COUNCIL  SHALL ISSUE A COMPETITIVE ACCESSIBILITY AND
 SUSTAINABILITY GRANT TO AN ORGANIZATION WHICH HAS RECEIVED A COMPETITIVE
 ACCESSIBILITY AND SUSTAINABILITY GRANT UNDER  THIS  ARTICLE  WITHIN  THE
 PRIOR THREE YEARS.
   5.  NO  REGIONAL  COUNCIL  SHALL  ISSUE  COMPETITIVE ACCESSIBILITY AND
 SUSTAINABILITY GRANTS TOTALING MORE THAN FIFTY PERCENT OF SUCH COUNCIL'S
 COMPETITIVE ACCESSIBILITY AND SUSTAINABILITY GRANT  MONEY  ISSUED  IN  A
 CALENDAR YEAR TO PARKS ORGANIZATIONS.
   § 2. This act shall take effect immediately.