Senate Bill S230

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

    S. 230                                                    A. 333

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  adding  national  estuary implementation projects as projects eligible
  for state funding pursuant to the environmental protection fund

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

  Section  1.  The environmental conservation law is amended by adding a
new section 54-1104 to read as follows:
S 54-1104. NATIONAL ESTUARY IMPLEMENTATION PROJECTS.
  AS USED IN THIS TITLE, A NATIONAL ESTUARY IMPLEMENTATION PROJECT SHALL
MEAN THOSE PROJECTS WHICH SERVE A PUBLIC  PURPOSE  DESIGNED  TO  IMPROVE
SURFACE   WATER   QUALITY,   UNDERTAKEN  BY  A  STATE,  MUNICIPALITY  OR
NOT-FOR-PROFIT CORPORATION  WHICH  DEMONSTRATES  TO  THE  COMMISSIONER'S
SATISFACTION  THAT IT IS FINANCIALLY AND OTHERWISE CAPABLE OF COMPLETING
SUCH PROJECT, WHERE SUCH PROJECT HAS BEEN  RECOMMENDED  OR  APPROVED  AS
PART  OF  AN  ACTION  PLAN  OR  COMPREHENSIVE  MANAGEMENT PLAN UNDER THE
NATIONAL ESTUARY PLAN FOR LONG ISLAND SOUND, PECONIC BAY,  OR  NEW  YORK
HARBOR/NEW YORK BIGHT.
  S  2.  Section 54-1105 of the environmental conservation law, as added
by chapter 610 of the laws of 1993, is amended to read as follows:
S 54-1105. State assistance  payments  for  coastal  rehabilitation  AND
             NATIONAL ESTUARY IMPLEMENTATION projects.
  1.  The  commissioner is authorized to provide on a competitive basis,
within amounts appropriated, state assistance payments to a municipality
or a not-for-profit corporation toward the cost of any coastal rehabili-

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

                                                           LBD02064-01-9

S. 230                              2                             A. 333

tation  OR NATIONAL  ESTUARY  IMPLEMENTATION  project  approved  by  the
commissioner.
  2.  The  commissioner and a municipality or not-for-profit corporation
may enter into a contract for the undertaking  of  a  coastal  rehabili-
tation OR NATIONAL ESTUARY IMPLEMENTATION project. Such project shall be
recommended  to  the  commissioner  by the governing body of the munici-
pality or not-for-profit corporation as that term is defined pursuant to
subdivision six of section 54-0101 OF THIS ARTICLE, and when approved by
the commissioner,  undertaken  by  the  municipality  or  not-for-profit
corporation pursuant to this article and any other applicable provisions
of law.
  3.  State  assistance  payments  shall not exceed fifty percent of the
project cost or two million dollars, whichever is less. Such  costs  are
subject  to final computation and determination by the commissioner upon
completion of the project, and shall not  exceed  the  maximum  eligible
cost set forth in the contract.
  4.  Prior  to  processing  applications  for state assistance payments
toward the cost of coastal rehabilitation  OR NATIONAL ESTUARY IMPLEMEN-
TATION projects, the commissioner shall promulgate rules and regulations
which shall include criteria for determining eligible  expenditures  and
procedures for governing the commitment and disbursement of funds appro-
priated  in  accordance  with  this  title.  The commissioner shall also
promulgate rules and regulations which shall include application  proce-
dures,  review  processes,  and project approval guidelines and criteria
consistent with section 54-1107 OF THIS TITLE.
  S 3. The two undesignated paragraphs of section 54-1107 of  the  envi-
ronmental conservation law are designated subdivision 1 and a new subdi-
vision 2 is added to read as follows:
  2.  IN THE CASE OF NATIONAL ESTUARY IMPLEMENTATION PROJECTS, A MUNICI-
PALITY OR NOT-FOR-PROFIT CORPORATION, UPON  APPROVAL  OF  ITS  GOVERNING
BOARD,  MAY  SUBMIT AN APPLICATION TO THE COMMISSIONER, IN SUCH FORM AND
CONTAINING SUCH INFORMATION AS THE COMMISSIONER MAY REQUIRE,  FOR  STATE
ASSISTANCE  PAYMENTS  TOWARDS  THE COST OF A PROJECT WHICH IS WITHIN THE
STATE OF NEW YORK AND WHICH IS ELIGIBLE FOR STATE ASSISTANCE PURSUANT TO
THIS TITLE.   THE COMMISSIONER SHALL REVIEW  SUCH  APPLICATION  AND  MAY
APPROVE,  DISAPPROVE, OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH
APPLICABLE LAW, CRITERIA, STANDARDS, OR RULES AND  REGULATIONS  RELATIVE
TO  SUCH PROJECTS. SUCH CRITERIA AND STANDARDS SHALL INCLUDE, BUT NOT BE
LIMITED TO INCLUSION IN AN ACTION PLAN OR COMPREHENSIVE MANAGEMENT  PLAN
PREPARED UNDER THE NATIONAL ESTUARY PROGRAM.
  UPON APPROVAL OF A PROJECT APPLICATION, A MUNICIPALITY OR NOT-FOR-PRO-
FIT  CORPORATION  SHALL  ENTER  INTO A CONTRACT, AS FURTHER PROVIDED FOR
WITHIN THIS ARTICLE, WITH THE COMMISSIONER FOR STATE ASSISTANCE PAYMENTS
TOWARDS THE COST OF SUCH PROJECT TO BE RECEIVED PURSUANT TO  THIS  ARTI-
CLE.
  S  4.  Section 54-1109 of the environmental conservation law, as added
by chapter 610 of the laws of 1993, is amended to read as follows:
S 54-1109. Contracts for state assistance payments for coastal rehabili-
             tation OR NATIONAL ESTUARY IMPLEMENTATION.
  1. The commissioner  may,  in  the  name  of  the  state,  enter  into
contracts with municipalities or not-for-profit corporations, to provide
state  assistance  payments toward the cost of coastal rehabilitation OR
NATIONAL ESTUARY IMPLEMENTATION projects which shall include the follow-
ing provisions:
  a. an estimate of the costs  of  the  project  as  determined  by  the
commissioner;

S. 230                              3                             A. 333

  b.  an agreement by the commissioner to make state assistance payments
toward the cost of the project by periodically reimbursing  the  munici-
pality  or  not-for-profit  corporation  during  the progress of project
development or following completion of the project as may be agreed upon
by the parties, in an amount not to exceed the amounts established else-
where in this title; and
  c. an agreement by the municipality or not-for-profit corporation:
  (i) to proceed expeditiously with and complete the project as approved
by the commissioner;
  (ii)  to undertake and maintain the coastal rehabilitation OR NATIONAL
ESTUARY IMPLEMENTATION project in accordance  with  applicable  law  and
rules and regulations;
  (iii) to provide for the payment of the municipality's or not-for-pro-
fit corporation's share of the cost of the project;
  (iv)  to  assume the full cost of any additional elements or continued
operation of the project;
  (v) to repay within one year of notification by the commissioner,  any
state  assistance  payments  made  toward  the cost of the project or an
equitable portion of such monies declared appropriate by the commission-
er, if the municipality or not-for-profit corporation fails to  complete
the  project as approved. No repayment, however, shall be required where
the commissioner determines that such failure, disposition or change  of
use was immediately necessary to protect public health and safety;
  (vi)  to  apply  for  and  make  reasonable  efforts to secure federal
assistance for the project; and
  (vii) to not sell, lease, or otherwise dispose of or use  lands  reha-
bilitated under this title for any purpose inconsistent with the project
for  a  period  of  seven  years from the commissioner's approval of the
project.
  2. In connection with  each  contract,  the  commissioner  shall  keep
adequate  records  of  the amount of the payment by the state and of the
amount of federal assistance, if any, received by  the  municipality  or
not-for-profit  corporation.  Such  records  shall  be  retained  by the
commissioner and shall establish the  basis  for  recalculation  of  the
state payment as required herein.
  S  5.  The  undesignated  paragraph of section 54-1111 of the environ-
mental conservation law is designated subdivision 1 and a  new  subdivi-
sion 2 is added to read as follows:
  2.  THE  COMMISSIONER  IS  AUTHORIZED, WITHIN AMOUNTS APPROPRIATED, TO
DIRECTLY UNDERTAKE A NATIONAL ESTUARY IMPLEMENTATION PROJECT PURSUANT TO
THIS TITLE WHERE SUCH PROJECT  IS  RECOMMENDED  IN  AN  ACTION  PLAN  OR
COMPREHENSIVE MANAGEMENT PLAN AND IS ON STATE LANDS OR STATE UNDERWATER,
OR IS OTHERWISE UNDER THE CONTROL OF THE STATE.
  S  6. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.