senate Bill S4334

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2014 referred to environmental conservation
delivered to assembly
passed senate
May 28, 2014 advanced to third reading
May 21, 2014 2nd report cal.
May 20, 2014 1st report cal.845
Jan 08, 2014 referred to finance
returned to senate
died in assembly
Jun 12, 2013 referred to environmental conservation
delivered to assembly
passed senate
Jun 11, 2013 ordered to third reading cal.1279
reported and committed to rules
Mar 21, 2013 referred to finance

Votes

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Jun 11, 2013 - Rules committee Vote

S4334
24
0
committee
24
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Jun 11, 2013 - Finance committee Vote

S4334
36
0
committee
36
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Finance committee vote details

Co-Sponsors

S4334 - Bill Details

See Assembly Version of this Bill:
A9133
Current Committee:
Assembly Environmental Conservation
Law Section:
Executive Law
Laws Affected:
Amd ยงยง915, 916, 917, 918 & 920, Exec L

S4334 - Bill Texts

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

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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.

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

                                  4334

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02522-02-3

S. 4334                             2

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

S. 4334                             3

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

S. 4334                             4

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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