S T A T E   O F   N E W   Y O R K
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                                  2838

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced by Sen. YOUNG -- (at request of the Legislative Commission on
  Rural  Resources)  -- 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  allowing  soil  and
  water  conservation  districts to be eligible applicants for the local
  waterfront revitalization grant program

  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 and paragraph g
of subdivision 4, the opening paragraph and paragraph h of subdivision 5
and subdivisions 7, 9 and 10 of section 915 of the executive law, subdi-
vision 1 as amended by chapter 454 of the laws of 2001 and subdivision 2
and  the opening paragraph of subdivision 5 as amended by chapter 842 of
the laws of 1981, subdivision 3, the opening paragraph and  paragraph  g
of subdivision 4, paragraph h of subdivision 5 and subdivisions 7, 9 and
10,  as added by chapter 840 of the laws of 1981, are amended 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 ANY SOIL AND
WATER CONSERVATION DISTRICT which has any portion  of  its  jurisdiction
contiguous  to  the state's coastal waters or inland waterways and which
desires to participate 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 ANY SOIL AND WATER CONSERVATION
DISTRICT for the preparation of a waterfront revitalization program  for
the purposes of this article.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07953-01-1

              

S. 2838                             2

  3.  A local government or two or more local governments acting jointly
OR ANY SOIL AND WATER CONSERVATION DISTRICT which intends  to  submit  a
waterfront  revitalization  program  for the purposes of this article is
strongly encouraged to consult, during its preparation, with other enti-
ties  that  may be affected by its program, including local governments,
SOIL AND WATER CONSERVATION DISTRICTS,  county  and  regional  agencies,
appropriate  port  authorities,  community  based  groups  and state and
federal agencies. On request by the local government  OR  THE  SOIL  AND
WATER CONSERVATION DISTRICT, the secretary shall take appropriate action
to facilitate such consultation.
  The  secretary shall prepare and distribute guidelines and regulations
for local governments OR SOIL AND WATER CONSERVATION DISTRICTS  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 article generally and shall include, but not be limited
to:
  g. Specification of the adequate authority and capability of the local
government  OR  SOIL  AND  WATER  CONSERVATION DISTRICT to implement the
program.
  The secretary shall approve any local government  OR  SOIL  AND  WATER
CONSERVATION  DISTRICT 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  SOIL  AND  WATER
CONSERVATION DISTRICT:
  h.  A statement identifying those elements of the program which can be
implemented by the local  government  OR  SOIL  AND  WATER  CONSERVATION
DISTRICT,  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 revitalization 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, THE SOIL AND WATER CONSERVATION DISTRICT 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, SOIL  AND  WATER  CONSERVATION
DISTRICT 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  [section  nine
hundred  fifteen  of]  this  [article] SECTION 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 THE local government OR SOIL AND
WATER CONSERVATION DISTRICT.   The local government OR  SOIL  AND  WATER
CONSERVATION  DISTRICT  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 SOIL
AND WATER CONSERVATION DISTRICT to modify  the  proposed  action  to  be
consistent with the local plan.

S. 2838                             3

  10. Any local government OR SOIL AND WATER CONSERVATION DISTRICT which
has  had  a  waterfront revitalization program approved pursuant to this
section may withdraw its program at any time by filing with  the  secre-
tary  a  copy of a resolution of its legislative body providing for such
withdrawal.  Upon  receipt of such resolution, the secretary shall imme-
diately notify all affected state agencies.
  S 2. The opening paragraph of section 916 of  the  executive  law,  as
amended  by  chapter  366  of  the  laws  of 1986, is amended to read as
follows:
  In recognition of the state  policy  set  forth  in  this  article  to
encourage  the revitalization of waterfront areas in a manner consistent
with local objectives, the following benefits shall apply where a  local
government  OR SOIL AND WATER CONSERVATION DISTRICT waterfront revitali-
zation program has  been  approved  pursuant  to  section  nine  hundred
fifteen [or section nine hundred fifteen-a] of this article.
  S  3. Section 917 of the executive law, as added by chapter 840 of the
laws of 1981, is amended to read as follows:
  S 917. Technical assistance. The secretary shall encourage and  assist
local governments AND SOIL AND WATER CONSERVATION DISTRICTS in the prep-
aration  of waterfront revitalization programs and in the administration
and implementation  of  approved  programs.  Such  assistance  shall  be
provided  on request by the local government OR SOIL AND WATER CONSERVA-
TION DISTRICT and shall include, as may be  deemed  appropriate  by  the
secretary,  the  provision of maps, data, criteria, model implementation
provisions, and technical counsel and advice. In addition, the secretary
shall facilitate consultation  and  coordination  among  local,  county,
regional,  state  and  federal  agencies  and  community based groups in
connection with the preparation and administration  of  approved  water-
front  revitalization  programs,  and  to  facilitate the development of
projects called for by approved programs.
  S 4. Paragraphs a and b of subdivision 1 and subdivision 2 of  section
918  of  the executive law, as added by chapter 840 of the laws of 1981,
are amended to read as follows:
  a. To any local governments, or to two or more local  governments,  OR
SOIL  AND  WATER  CONSERVATION  DISTRICTS  for  projects approved by the
secretary which lead  to  preparation  of  a  waterfront  revitalization
program;  provided,  however,  that  such  grants shall not exceed fifty
percent of the approved cost of such projects;
  b. To any local government, OR SOIL AND WATER CONSERVATION  DISTRICTS,
or  local  government  agency for research, design, and other activities
which serve to facilitate  construction  projects  provided  for  in  an
approved waterfront revitalization program; provided, however, that such
grants  shall  not  exceed  ten  percent  of  the estimated cost of such
construction project.
  2. Funds available for the purposes of this section shall be allocated
in a fair and equitable manner; such allocation shall reflect the initi-
ative  shown  by  local  governments  OR  SOIL  AND  WATER  CONSERVATION
DISTRICTS  in preparing waterfront revitalization programs and in carry-
ing them out.
  S 5. Subdivision 3 of section 920 of the executive law,  as  added  by
chapter 840 of the laws of 1981, is amended to read as follows:
  3.  The  secretary  shall make this inventory available to state agen-
cies, local governments, SOIL AND WATER CONSERVATION DISTRICTS  and  the
public for planning purposes.
  S 6. This act shall take effect immediately.