BILL NUMBER:S5161

TITLE OF BILL:

An act to amend the environment conservation law and the executive
law, in relation to authorizing the department of state to provide
additional technical assistance to municipalities developing local
waterfront revitalization programs and to increase the state allowable
share of associated costs

Purpose of the Bill:

The purpose of this bill is to facilitate faster, less expensive, and
more consistent Local Waterfront Revitalization Program (LWRP) project
completion, and encourage less affluent communities to participate in
the Program by lowering the match requirements for such communities.
The bill is also intended to more closely align the Program with the
Governor's resiliency initiative by: 1) establishing resilient
development as one of the State's official coastal policies; and 2)
making non-competitive grants available to communities that wish to
update their local waterfront programs to include measures designed to
promote resiliency.

Summary of Provisions:

Section 1 of the bill would amend subdivision 1 of section 54-1101 of
              

the Environmental Conservation Law (ECL) by authorizing the Secretary
of State to provide "technical assistance" in the "development" of a
LWRP.

Section 2 would amend subdivision 2 of section 54-1101 to increase the
State's allowable share of project costs from 50% to 75% (90% where
the local government grantee is subject to significant or moderate
fiscal stress, as identified by the State Comptroller).

Section 3 would add a new subdivision 3 to section 54-1101 to
authorize the Secretary of State to issue noncompetitive grants,
within amounts already appropriated, to communities with completed
LWRPs that wish to update them to include provisions related to
mitigating future physical climate risks.

Section 4 would add a new subdivision 17 to section 912 of the
Executive Law to add a new coastal policy to "encourage State agencies
and local governments to consider physical climate risks in planning
and development efforts."

Section 5 would amend subdivision 1 of section 918 of the Executive
Law to make conforming changes related to proposed sections 1 and 2 of
the bill.

Existing Law:

Under current law, the Department of State is not empowered to
provide, as part of its Title 11 grant-making activities, direct
planning or grant management assistance to local governments
undertaking the creation or LWRP projects.


Current law also requires local governments applying for grant funds
under Title 11 to supply at least fifty percent of the cost of a
planning project, which is out of reach for many local governments.
The proposed bill would increase the State's potential share so that
the Program is affordable to more communities.

Finally, the Community Risk and Resiliency Act (Chapter 355 of the
Laws of 2014) directs the State to consider, and prepare for, the
effects of climate change in its local government assistance programs.
This proposal would add a coastal policy related to that change to
law, while making non-competitive grant funds available to communities
that wish to update their existing local waterfront programs to
include provisions related to this new policy.

Prior Legislative History:

This is a new bill.

Statement in Support:

Waterfront planning, particularly planning that promotes resilient
development, is a matter of increasing State concern. The Local
Waterfront Revitalization Program acts as the State's conduit to
assist local communities to utilize coastal and inland waterfront
areas to promote economic opportunities and protect the environment.
This bill would remove existing barriers to proper waterfront planning
for those communities that need it most, and would allow the State to
better focus its planning resources toward projects that advance
resiliency. It would also adapt Governor Cuomo's successful Rising
Communities Reconstruction model to Local Waterfront Revitalization
Programs to decrease costs, expedite the planning process, and guide a
greater number of programs through to effective implementation.

At present, local governments are solely responsible for overseeing
the private contractors they hire with Title 11 grants to prepare
their LWRPs, a task that many communities lack the resources or
experience to effectively carry out. The Department of State's Office
of Planning and Development, on the other hand, has recently
successfully overseen the completion of over 100 Rising Community
Reconstruction plans, and is uniquely situated to assist LWRP grantees
in this work. By empowering the Department of State to provide project
management assistance and reducing the local government recipient's
required share of project costs to reflect this reallocation of work,
this bill would lead to faster and more efficiently prepared LWRPs.
Increasing the State's allowable share of Local Waterfront
Revitalization Program planning costs would also put the Program
within the reach of the many small or economically-distressed
communities that would otherwise lack sufficient funds in their
budgets to apply.

This bill would also update the State's coastal policies and Local
Waterfront Revitalization Program to further support the State's
priority focus on resilient development, as embodied in the Community
Risk and Resiliency Act. By empowering the Department to award grants
on a noncompetitive basis for resiliency planning updates, this bill
will help communities with existing or pending LWRPs to promptly
incorporate local resiliency concerns into their plans. This would


speed implementation of the Community Risk and Resiliency Act (Chapter
355 of the Laws of 2014) and help lay the foundation for long-term,
sustainable economic and community development.

Budget Implications:

None.

Local Impact:

This proposal would remove restrictions on the types and availability
of state assistance to local governments.

Effective Date:

This act shall take effect immediately.