Bill S4334-2013

Allows soil and water conservation districts, acting in cooperation with local governments, to be eligible applicants for the local waterfront revitalization grant program

Allows soil and water conservation districts, acting in cooperation with local governments, to be eligible applicants for the local waterfront revitalization grant program.

Details

Actions

  • Jan 8, 2014: REFERRED TO FINANCE
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 12, 2013: referred to environmental conservation
  • Jun 12, 2013: DELIVERED TO ASSEMBLY
  • Jun 12, 2013: PASSED SENATE
  • Jun 11, 2013: ORDERED TO THIRD READING CAL.1279
  • Jun 11, 2013: REPORTED AND COMMITTED TO RULES
  • Mar 21, 2013: REFERRED TO FINANCE

Votes

Memo

BILL NUMBER:S4334

TITLE OF BILL: An act to amend the executive law, in relation to allowing soil and water conservation districts, acting in cooperation with a local government, to be eligible applicants for the local waterfront revitalization grant program

PURPOSE:

To allow soil and water conservation districts to be eligible applicants for the local waterfront revitalization grant program.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends 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, subdivision 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, and 10, as added by Chapter 840 of the Laws of 1981 to include soil and water conservation districts.

Section 2 of the bill amends the opening paragraph of section 916 of the Executive Law, as amended by Chapter 366 of the Laws of 1986, to include Soil and water conservation districts.

Section 3 of the bill amends section 917 of the Executive Law, as added by Chapter 840 of the Laws of 1981, to include soil and water conservation districts.

Section 4 of the bill amends paragraphs a and b of subdivision 1 and subdivision 2 of section 918 of the Executive, as added by Chapter 840 of the Laws of 1981, to include soil and water conservation districts.

Section 5 of the bill amends subdivision 3 of section 920 of the Executive Law, as added by Chapter 840 of the Laws of 1981, to include soil and water conservation districts.

Section 6 of the bill provides for an immediate effective date.

JUSTIFICATION:

Currently, only municipalities are eligible applicants while the Local Waterfront Revitalization Program (LWRP) has many categories which fall within the scope of Soil and Water Conservation Districts (SWCDs). While SWCDs are working with Department of state (DOS) on this grant program, they must go through the municipalities, which slows down implementation of projects and increases costs.Also, having SWCDs as eligible applicants would allow DOS to work with one entity instead of multiple municipalities.

LEGISLATIVE HISTORY:

2011/2012: S.2838 PASSED SENATE

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4334 2013-2014 Regular Sessions IN SENATE March 21, 2013 ___________
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, acting in cooperation with a local government, to be eligible applicants for the local waterfront revi- talization 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, ACTING IN COOPERATION WITH A LOCAL GOVERN- MENT OR LOCAL GOVERNMENTS 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, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERN-
MENTS for the preparation of a waterfront revitalization program for the purposes of this article. 3. A local government or two or more local governments acting jointly OR ANY SOIL AND WATER CONSERVATION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS which intends to submit a water- front revitalization program for the purposes of this article is strong- ly encouraged to consult, during its preparation, with other entities that may be affected by its program, including local governments, SOIL AND WATER CONSERVATION DISTRICTS, county and regional agencies, appro- priate port authorities, community based groups and state and federal agencies. On request by the local government OR THE SOIL AND WATER CONSERVATION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, the secretary shall take appropriate action to facil- itate 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, ACTING IN COOPER- ATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, to implement the program. The secretary shall approve any local government OR SOIL AND WATER CONSERVATION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, 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, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERN- MENTS, 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, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, 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, ACTING IN COOPERATION WITH A LOCAL GOVERN- MENT OR LOCAL GOVERNMENTS. 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. 10. Any local government OR SOIL AND WATER CONSERVATION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, 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 resolution of its legislative body providing for such withdrawal. Upon receipt of such resolution, the secretary shall immediately 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, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, in the prepa- ration 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, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, 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, IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, 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, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, 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 COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, in preparing waterfront revitalization programs and in carrying 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.

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