Sponsor:
KRUGER
Committee: FINANCE
Law Section: Executive Law
Committee: FINANCE
Law Section: Executive Law
S3366 Summary
Establishes fees for certain applications filed with the Adirondack park agency; creates a local government planning grant program; establishes the Adirondack community planning assistance fund.S3366 Actions
S3366A - AMEND AND RECOMMIT TO FINANCE - Jun 15, 2009S3366A - PRINT NUMBER 3366A - Jun 15, 2009
S3366 - REFERRED TO FINANCE - Mar 17, 2009
S3366 Memo
BILL NUMBER: S3366
TITLE OF BILL : An act to amend the executive law, in relation to establishing fees for certain applications filed with the Adirondack park agency and creating a local government planning grant program; and to amend the state finance law, in relation to establishing the Adirondack community planning assistance fund
PURPOSE : The purpose of this bill is to authorize a fee structure for applications filed with the Adirondack Park Agency (Agency), a fund consisting of the fees collected, and a program to fund local land use planning initiatives.
SUMMARY OF PROVISIONS :
Section 1 of this bill would add a new section 817-a to the Executive Law to establish a fee structure for certain applications filed with the Agency, including minor project applications, major project applications and variance applications. Applications made by state agencies, made by local governments, and relating to aquatic and terrestrial invasive plant control would be exempt from the fee requirements.
Section 2 of the bill would add a new section 817-b to the Executive Law to establish a Local Government Planning Grant Program to be administered by the Agency and funded by the application fees collected by the Agency. Qualifying projects would include: * preparation or update of a local comprehensive plan as defined in the town or village law; * preparation of a local open space plan; * preparation of a local recreation plan; * preparation of a local water, sewer or energy infrastructure plan; * administration of an agency-approved local land use program; * preparation of local zoning, subdivision, sanitary, storm water, flood mitigation, special purpose land use local law or regulation; * planning for inter-municipality shared services; * county-level or regional-level planning to address a common theme, such as affordable housing, energy conservation, smart growth, scenic by-ways corridor management, local access to public recreation, comprehensive economic development strategies, and infrastructure planning;
* planning for municipal participation in regional planning objectives; and * watershed-based or water body-based plans.
Section 3 of this bill would establish the Adirondack Community Planning Assistance Fund (Fund) in the State Finance Law. The Fund would consist of the fees and penalties collected pursuant to Executive Law ? 813, and all other moneys credited or transferred to the Fund from any other fund or source pursuant to law.
Section 4 of this bill provides for an immediate effective date.
EXISTING LAW : Current law does not provide for a fee schedule or a local government planning grant program.
LEGISLATIVE HISTORY : This is a new bill.
STATEMENT IN SUPPORT : Local governments within the Adirondack Park must coordinate local comprehensive plans, zoning and subdivision administration with the Adirondack Park Land Use and Development Plan administered by the Agency in order to realize community development objectives. Uncoordinated activities increase non-compliance with minimum requirements for new land use and development and subdivision, and may prevent communities from achieving community development goals and initiatives.
Early in its existence, the Agency administered a program pursuant to which it offered grants to facilitate such coordination and related land use program administration. For many years there has been strong support for such a targeted program to address the unique opportunities and challenges faced by communities in the Adirondack Park. This bill would allow the Agency to develop and fund such a program to facilitate sound planning activities by Adirondack towns and villages.
BUDGET IMPLICATIONS : The new program is expected to generate annual revenue of between $75,000 and $200,000 which would be used to fund local government planning initiatives. The Agency would implement the program using existing staff resources.
EFFECTIVE DATE : The bill would take effect immediately.
S3366 Text
S T A T E O F N E W Y O R K3366
2009-2010 Regular Sessions I N SENATE March 17, 2009
Introduced by Sen. KRUGER -- (at request of the Adirondack Park Agency) -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to establishing fees for certain applications filed with the Adirondack park agency and creat ing a local government planning grant program; and to amend the state finance law, in relation to establishing the Adirondack community planning assistance fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 817-a to read as follows:
S 817-A. APPLICATION FEES. ALL PERSONS REQUIRED TO OBTAIN A PERMIT OR APPROVAL FROM THE AGENCY PURSUANT TO STATUTE OR A RULE OR REGULATION PROMULGATED BY THE AGENCY SHALL SUBMIT TO THE AGENCY WITH AN APPLICATION FOR SUCH PERMIT OR APPROVAL A NON-REFUNDABLE FEE IN AN AMOUNT TO BE DETERMINED AS FOLLOWS:
1. MINOR PROJECT APPLICATIONS PURSUANT TO SUBDIVISION ONE OF SECTION EIGHT HUNDRED NINE AND SECTION EIGHT HUNDRED TEN OF THIS ARTICLE:
A. A SINGLE FAMILY DWELLING OR MOBILE HOME: $100 B. TWO LOT SUBDIVISION: $100 2. MAJOR PROJECT APPLICATIONS PURSUANT TO SECTION EIGHT HUNDRED TEN OF THIS ARTICLE:
A. GENERAL PERMIT: $250 B. THREE TO FIFTEEN LOT SUBDIVISION: $250 C. SIXTEEN TO FORTY-NINE LOT SUBDIVISION: $500 D. FIFTY OR MORE LOT SUBDIVISION: $1,000 E. MULTI-FAMILY DWELLING: $250 F. COMMERCIAL USE: $250 G. GROUP CAMP: $250 H. SAND AND GRAVEL MINING/MINERAL EXTRACTION: $250 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06126-02-9
S. 3366 2 I. PUBLIC AND SEMI-PUBLIC USE: $250 J. INDUSTRIAL USE: $500 K. TOURIST ACCOMMODATION: $250 L. MAJOR PUBLIC UTILITY USE: $500 M. ALL OTHER: $250 3. VARIANCE APPLICATIONS SUBMITTED TO THE AGENCY PURSUANT TO SECTION EIGHT HUNDRED SIX OR EIGHT HUNDRED NINE OF THIS ARTICLE, OR SECTIONS 15-2705 AND 15-2709 OF THE ENVIRONMENTAL CONSERVATION LAW THAT ARE NOT ASSOCIATED WITH A MAJOR OR MINOR PROJECT: $100 4. PERMIT APPLICATIONS PURSUANT TO SECTIONS 15-2705 AND 15-2709 OF THE ENVIRONMENTAL CONSERVATION LAW THAT ARE NOT ASSOCIATED WITH A MAJOR OR MINOR PROJECT: $100 THE FOLLOWING APPLICATIONS ARE EXEMPT FROM THE FEES PROVIDED FOR IN THIS SECTION: (A) APPLICATIONS MADE BY STATE AGENCIES; (B) APPLICATIONS MADE BY A LOCAL GOVERNMENT AS THAT TERM IS DEFINED BY SUBDIVISION THIR TY-ONE OF SECTION EIGHT HUNDRED TWO OF THIS ARTICLE, OR A COUNTY; AND (C) APPLICATIONS RELATING TO AQUATIC AND TERRESTRIAL INVASIVE PLANT CONTROL. ALL MONEYS COLLECTED BY THE AGENCY PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN THE ADIRONDACK COMMUNITY PLANNING ASSISTANCE FUND CREATED PURSUANT TO SECTION NINETY-NINE-T OF THE STATE FINANCE LAW.
S 2. The executive law is amended by adding a new section 817-b to read as follows:
S 817-B. LOCAL GOVERNMENT PLANNING GRANT PROGRAM. 1. WITHIN THE LIMIT OF FUNDS MADE AVAILABLE BY APPROPRIATION FROM THE ADIRONDACK COMMUNITY PLANNING ASSISTANCE FUND CREATED PURSUANT TO SECTION NINETY-NINE-T OF THE STATE FINANCE LAW, THE ADIRONDACK PARK AGENCY IS AUTHORIZED TO ESTABLISH A LOCAL GOVERNMENT PLANNING GRANT PROGRAM. THE AGENCY IS AUTHORIZED TO CONTRACT TO MAKE STATE ASSISTANCE PAYMENTS AVAILABLE TO A LOCAL GOVERNMENT AS DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION EIGHT HUNDRED TWO OF THIS ARTICLE. SUCH PAYMENTS MAY BE PROVIDED FOR QUALIFY ING PROJECTS AS DETERMINED BY THE AGENCY FOR LOCAL GOVERNMENT PLANNING, WHICH MAY INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING:
A. PREPARATION OR UPDATE OF A LOCAL COMPREHENSIVE PLAN AS DEFINED IN THE TOWN LAW OR VILLAGE LAW; B. PREPARATION OF A LOCAL OPEN SPACE PLAN; C. PREPARATION OF A LOCAL RECREATION PLAN; D. PREPARATION OF A LOCAL WATER, SEWER OR ENERGY INFRASTRUCTURE PLAN; E. ADMINISTRATION OF AN AGENCY-APPROVED LOCAL LAND USE PROGRAM; F. PREPARATION OF LOCAL ZONING, SUBDIVISION, SANITARY, STORM WATER, FLOOD MITIGATION, SPECIAL PURPOSE LAND USE LOCAL LAW OR REGULATION; G. PLANNING FOR INTER-MUNICIPALITY SHARED SERVICES; H. COUNTY-LEVEL OR REGIONAL-LEVEL PLANNING TO ADDRESS A COMMON THEME, SUCH AS AFFORDABLE HOUSING, ENERGY CONSERVATION, SMART GROWTH, SCENIC BY-WAYS CORRIDOR MANAGEMENT, LOCAL ACCESS TO PUBLIC RECREATION, COMPRE HENSIVE ECONOMIC DEVELOPMENT STRATEGIES, AND INFRASTRUCTURE PLANNING; I. PLANNING FOR MUNICIPAL PARTICIPATION IN REGIONAL PLANNING OBJEC TIVES; AND J. WATERSHED-BASED OR WATERBODY-BASED PLANS. 2. STATE ASSISTANCE PAYMENTS SHALL BE PROVIDED BY THE AGENCY FOLLOWING A REQUEST FOR PROPOSAL OR APPLICATION PROCESS WHICH SHALL SET FORTH THE STANDARDS AND CRITERIA FOR THE SELECTION PROCESS, THE REQUIRED PROJECT PROPOSAL FORMAT, COSTS ELIGIBLE FOR FUNDING, REPORTING REQUIREMENTS, AND SUCH OTHER REQUIREMENTS AND PROVISIONS AS THE AGENCY MAY DEEM NECESSARY OR BENEFICIAL TO IMPLEMENT THE GRANT PROGRAM. S. 3366 3 3. GRANTS SHALL NOT EXCEED SEVENTY-FIVE PER CENTUM OF THE ELIGIBLE COSTS OF THE PROJECT.
S 3. The state finance law is amended by adding a new section 99-t to read as follows:
S 99-T. ADIRONDACK COMMUNITY PLANNING ASSISTANCE FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE COMPTROLLER A FUND TO BE KNOWN AS THE "ADIRONDACK COMMUNITY PLANNING ASSISTANCE FUND". 2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE ADIRON DACK COMMUNITY PLANNING ASSISTANCE FUND SHALL CONSIST OF: (A) ALL MONEYS COLLECTED BY THE ADIRONDACK PARK AGENCY PURSUANT TO SECTION EIGHT HUNDRED SEVENTEEN-B OF THE EXECUTIVE LAW REQUIRED TO BE DEPOSITED TO THIS FUND; (B) ALL PENALTIES COLLECTED BY THE AGENCY PURSUANT TO SECTION EIGHT HUNDRED THIRTEEN OF THE EXECUTIVE LAW; AND (C) ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. 3. MONEYS OF SUCH FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, SHALL BE AVAILABLE TO THE ADIRONDACK PARK AGENCY AND MAY BE EXPENDED IN ACCORDANCE WITH SECTION EIGHT HUNDRED SEVENTEEN-B OF THE EXECUTIVE LAW. AT THE END OF EACH FISCAL YEAR, ANY MONEYS REMAINING IN THE FUND SHALL BE RETAINED IN THE FUND AND SHALL NOT REVERT TO THE GENERAL FUND. THE INTEREST AND INCOME EARNED ON MONEY IN THE FUND, AFTER DEDUCTING ANY APPLICABLE CHARGES, SHALL BE CREDITED TO THE FUND. 4. THE MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE CHAIRPERSON OR EXECUTIVE DIRECTOR OF THE ADIRONDACK PARK AGENCY.
S 4. This act shall take effect immediately.
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