NY State Senate Bill 2009-S1725

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Feb 05, 2009	referred to environmental conservation

2009-S1725 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§54-0101, 54-0103 & 54-1101, En Con L

2009-S1725 (ACTIVE) - Summary

Relates to environmental protection funding for coastal purposes.

2009-S1725 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1725

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
environmental protection funding for coastal purposes


 PURPOSE OF THE BILL :

This bill would allow not-for-profit corporations and education
Corporations that partner with host municipalities to be eligible
Waterfront Revitalization Program grantees under Title 11 of the
Environmental Protection Fund ("EPF") Act.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends Environmental Conservation Law ("ECL")
§54-0101 to define an "education corporation."

Section 2 of the bill amends ECL § 54-0103(2) to reference an
"education corporation" in general provisions relating to the State
contracts that implement EPF grants.

Section 3 of the bill amends ECL § 54-1101(1) to authorize the
Secretary of State to make state assistance payments to a

not-for-profit Corporation or an education Corporation that is
partnering with a host municipality to develop and implement a local
waterfront revitalization program.

Section 4 of the bill amends ECL § 54-1101(5) to make conforming
references to a not-for-profit corporation or an education
corporation.

Section 5 of the bill provides for an immediate effective date.

 EXISTING LAW :

Title 11 of the EPF currently allows municipalities (i.e., cities,
towns and villages) that undertake coastal management planning,
implementation or construction activities to apply for and receive EPF
grants. Currently, not-for-profits may apply for and receive EPF
grants for open space projects under Title 3 of the EPF and for parks
and historic preservation under Title 9 of the EPF.

 STATEMENT IN SUPPORT :

Many municipalities seeking Waterfront Revitalization Program funding
under Title 11 of the EPF have expressed a desire to partner with
local not-for-profits and universities, and frequently it is more
efficient for a community group to undertake or manage a project in
cooperation with a local government. The Department of State's
experience in helping local governments to develop and implement local
waterfront revitalization programs has shown that these programs
succeed when they are carried out in close cooperation with
neighborhood not-for-profits and universities. Often, these entities
have a direct interest in community revitalization, economic
development, beautification, recreational opportunities and the other
essential elements of a local waterfront revitalization program.

This bill would allow the Department of State to meet local needs by
making direct grants under the EPF Waterfront Revitalization Program
to not-for-profit corporations or education corporations that are
partnering with a host municipality. All grantees would continue to be
subject to the current competitive grant process and State contracting
and procurement requirements.
 LEGISLATIVE HISTORY :

2007-2008: S.8251 (Passed Senate)
Similar legislation passed the Senate in 2002 (S.6576 Marcellino/
A.11164 Rules), 2003 and 2004 (S.5077 Marcellino).

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This bill would take effect immediately.

2009-S1725 (ACTIVE) - Bill Text download pdf

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

                                  1725

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend the environmental conservation law, in relation to envi-
  ronmental protection funding for coastal purposes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  4,  5, 6, 7, 8, 9, 10, 11 and 12 of section
54-0101 of the environmental conservation law  are  renumbered  subdivi-
sions  5, 6, 7, 8, 9, 10, 11, 12 and 13 and a new subdivision 4 is added
to read as follows:
  4. "EDUCATION CORPORATION" MEANS A CORPORATION AS DEFINED IN  SUBDIVI-
SION ONE OF SECTION TWO HUNDRED SIXTEEN-A OF THE EDUCATION LAW.
  S  2.  Subdivision 2 of section 54-0103 of the environmental conserva-
tion law, as added by chapter 610 of the laws of  1993,  is  amended  to
read as follows:
  2.  may,  in  the  name  of the state, as further provided within this
article, contract to make,  within  the  limitations  of  appropriations
available  therefor,  state assistance payments to a municipality toward
the cost of a project approved and to be  undertaken  pursuant  to  this
article,  or  to  a  not-for-profit  corporation  toward  the costs of a
project approved and to be undertaken pursuant to titles three and  nine
OR  SECTION  54-1101  OF  TITLE  ELEVEN,  OR TO AN EDUCATION CORPORATION
TOWARD THE COSTS OF A PROJECT APPROVED AND TO BE UNDERTAKEN PURSUANT  TO
SECTION 54-1101 OF TITLE ELEVEN of this article. Such contracts shall be
subject  to  approval  by  the state comptroller and, as to form, by the
attorney general;
  S 3. Subdivision 1 of section 54-1101 of the  environmental  conserva-
tion  law,  as amended by chapter 309 of the laws of 1996, is amended to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07000-01-9

S. 1725                             2

  1. The secretary is authorized to  provide  on  a  competitive  basis,
within amounts appropriated, state assistance payments to municipalities
OR TO NOT-FOR-PROFIT CORPORATIONS OR EDUCATION CORPORATIONS THAT COOPER-
ATE  WITH  HOST  MUNICIPALITIES  toward the cost of any local waterfront
revitalization program.  Eligible costs include planning, studies, prep-
aration of local laws, and construction projects.
  S  4.  Subdivision 5 of section 54-1101 of the environmental conserva-
tion law, as amended by chapter 309 of the laws of 1996, is  amended  to
read as follows:
  5. The secretary shall impose such contractual requirements and condi-
tions  upon  any  municipality,  NOT-FOR-PROFIT CORPORATION OR EDUCATION
CORPORATION which receives state assistance payments  pursuant  to  this
article  as  may  be  necessary  and appropriate to ensure that a public
benefit shall accrue from the use of such  funds  by  the  municipality,
NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION.
  S 5. This act shall take effect immediately.

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Senate Bill S1725

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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2009-S1725 (ACTIVE) - Details

2009-S1725 (ACTIVE) - Summary

2009-S1725 (ACTIVE) - Sponsor Memo

2009-S1725 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2009-S1725 (ACTIVE) - Details

2009-S1725 (ACTIVE) - Summary

2009-S1725 (ACTIVE) - Sponsor Memo

2009-S1725 (ACTIVE) - Bill Text download pdf

Comments