S T A T E O F N E W Y O R K
________________________________________________________________________
526
2023-2024 Regular Sessions
I N A S S E M B L Y
January 9, 2023
___________
Introduced by M. of A. CARROLL -- read once and referred to the Commit-
tee on Tourism, Parks, Arts and Sports Development
AN ACT to amend the arts and cultural affairs law, in relation to the
establishment of regional arts, cultural affairs, and parks accessi-
bility and sustainability grants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The arts and cultural affairs law is amended by adding a
new article 6 to read as follows:
ARTICLE 6
REGIONAL ARTS, CULTURAL AFFAIRS, AND PARKS ACCESSIBILITY AND
SUSTAINABILITY GRANTS
SECTION 6.01. DEFINITIONS.
6.03. ESTABLISHMENT OF ARTS, CULTURAL AFFAIRS, AND PARKS
REGIONS.
6.05. REGIONAL ARTS, CULTURAL AFFAIRS, AND PARKS COMPETITIVE
ACCESSIBILITY AND SUSTAINABILITY GRANTS.
§ 6.01. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "REGIONS" SHALL MEAN THE ARTS, CULTURAL AFFAIRS, AND PARKS REGIONS
ESTABLISHED IN SECTION 6.03 OF THIS ARTICLE.
2. "REGIONAL COUNCILS" SHALL MEAN THE COUNCILS WHICH ISSUE GRANTS
UNDER SECTION 6.05 OF THIS ARTICLE.
3. "ACCESSIBILITY PROGRAMS" SHALL MEAN PROGRAMS WHICH: (A) BRING
FACILITIES INTO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT; OR
(B) IMPROVING THE ABILITY FOR DISABLED PERSONS TO USE AN ORGANIZATION'S
FACILITIES.
4. "SUSTAINABILITY PROGRAMS" SHALL MEAN PROGRAMS WHICH: (A) PROMOTE
SMART GROWTH AND SMART SITE PLANNING; (B) REDUCE GREENHOUSE GAS EMIS-
SIONS; (C) ACHIEVE ENERGY EFFICIENCY AND REDUCE ENERGY CONSUMPTION; (D)
FACILITATE THE INCORPORATION OF ENVIRONMENTALLY RESPONSIBLE PRODUCTS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00137-01-3
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(E) PROMOTE THE EFFICIENT USE OF NATURAL RESOURCES; (F) PROMOTE THE
CONSERVATION OF MATERIALS AND RESOURCES; AND (G) REDUCE WASTE.
§ 6.03. ESTABLISHMENT OF ARTS, CULTURAL AFFAIRS, AND PARKS REGIONS.
TEN ARTS, CULTURAL AFFAIRS, AND PARKS REGIONS SHALL BE ESTABLISHED WITH-
IN THE STATE, ONE FOR EACH OF THE FOLLOWING REGIONS:
1. LONG ISLAND (WHICH CONSISTS OF SUFFOLK AND NASSAU COUNTIES);
2. THE CITY OF NEW YORK (WHICH CONSISTS OF BRONX, NEW YORK, QUEENS,
KINGS, AND RICHMOND COUNTIES);
3. THE MID-HUDSON REGION (WHICH CONSISTS OF SULLIVAN, ULSTER, DUTCH-
ESS, ORANGE, PUTNAM, WESTCHESTER, AND ROCKLAND COUNTIES);
4. THE SOUTHERN TIER (WHICH CONSISTS OF STEUBEN, SCHUYLER, TOMPKINS,
CHEMUNG, TIOGA, CHENANGO, BROOME, AND DELAWARE COUNTIES);
5. THE CAPITAL REGION (WHICH CONSISTS OF WARREN, WASHINGTON, SARATOGA,
SCHENECTADY, RENSSELAER, ALBANY, COLUMBIA, AND GREENE COUNTIES);
6. THE MOHAWK VALLEY (WHICH CONSISTS OF ONEIDA, HERKIMER, FULTON,
MONTGOMERY, OTSEGO, AND SCHOHARIE COUNTIES);
7. THE NORTH COUNTRY (WHICH CONSISTS OF CLINTON, FRANKLIN, ST.
LAWRENCE, JEFFERSON, LEWIS, HAMILTON, AND ESSEX COUNTIES);
8. THE CENTRAL REGION (WHICH CONSISTS OF OSWEGO, CAYUGA, ONONDAGA,
MADISON, AND CORTLAND COUNTIES);
9. THE FINGER LAKES REGION (WHICH CONSISTS OF ORLEANS, MONROE, WAYNE,
GENESEE, WYOMING, LIVINGSTON, ONTARIO, SENECA, AND YATES COUNTIES); AND
10. THE WESTERN REGION (WHICH CONSISTS OF NIAGARA, ERIE, CHAUTAUQUA,
CATTARAUGUS, AND ALLEGANY COUNTIES).
§ 6.05. REGIONAL ARTS, CULTURAL AFFAIRS, AND PARKS COMPETITIVE ACCES-
SIBILITY AND SUSTAINABILITY GRANTS. 1. THE GOVERNOR SHALL, IN EACH
REGION, ESTABLISH A COUNCIL WHICH SHALL ISSUE COMPETITIVE ACCESSIBILITY
AND SUSTAINABILITY GRANTS WITHIN THE REGION. FIVE MEMBERS OF EACH
REGIONAL COUNCIL SHALL BE LOCAL EXPERTS AND STAKEHOLDERS FROM ARTS AND
CULTURAL AFFAIRS ORGANIZATIONS AND PARKS ORGANIZATIONS WITHIN THE
REGION, ONE MEMBER OF EACH REGIONAL COUNCIL SHALL BE AN EXPERT IN ACCES-
SIBILITY, AND ONE MEMBER OF EACH REGIONAL COUNCIL SHALL BE AN EXPERT IN
SUSTAINABILITY PROGRAMS. EACH REGIONAL COUNCIL SHALL HAVE SEVEN TOTAL
MEMBERS APPOINTED TO SUCH COUNCIL. FIVE MEMBERS OF EACH REGIONAL COUNCIL
SHALL BE APPOINTED BY THE GOVERNOR AND SHALL SERVE AT THE PLEASURE OF
THE GOVERNOR, ONE MEMBER OF EACH REGIONAL COUNCIL SHALL BE APPOINTED BY
THE SPEAKER OF THE ASSEMBLY AND SERVE AT THE PLEASURE OF THE ASSEMBLY,
AND ONE MEMBER OF EACH REGIONAL COUNCIL SHALL BE APPOINTED BY THE TEMPO-
RARY PRESIDENT OF THE SENATE AND SERVE AT THE PLEASURE OF THE SENATE.
ALL MEMBERS OF THE REGIONAL COUNCILS SHALL BE SUBJECT TO THE PROVISIONS
OF SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS LAW.
2. THE REGIONAL COUNCILS SHALL, WITH APPROVAL FROM THE GOVERNOR, ISSUE
COMPETITIVE ACCESSIBILITY AND SUSTAINABILITY GRANTS TO ARTS AND CULTURAL
AFFAIRS ORGANIZATIONS AND PARKS ORGANIZATIONS WITHIN THEIR REGION FOR
CAPITAL PROJECTS SUCH THAT:
(A) IN THE CITY OF NEW YORK REGION, AN EQUAL AMOUNT OF GRANT MONEY IS
ISSUED TO ORGANIZATIONS WITH OPERATING BUDGETS OF TEN MILLION DOLLARS OR
MORE AS IS ISSUED TO ORGANIZATIONS WITH OPERATING BUDGETS OF LESS THAN
TEN MILLION DOLLARS; AND
(B) IN ALL OTHER REGIONS, AN EQUAL AMOUNT OF GRANT MONEY IS ISSUED TO
ORGANIZATIONS WITH OPERATING BUDGETS OF FIVE MILLION DOLLARS OR MORE AS
IS ISSUED TO ORGANIZATIONS WITH OPERATING BUDGETS OF LESS THAN FIVE
MILLION DOLLARS.
3. THE REGIONAL COUNCILS SHALL ISSUE COMPETITIVE ACCESSIBILITY AND
SUSTAINABILITY GRANTS FOR IMPLEMENTING ACCESSIBILITY PROGRAMS AND/OR
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SUSTAINABILITY PROGRAMS AT THE ORGANIZATION. SUCH GRANTS SHALL BE ISSUED
BASED ON CRITERIA ESTABLISHED BY THE GOVERNOR FOR SUCH PURPOSE.
4. NO REGIONAL COUNCIL SHALL ISSUE A COMPETITIVE ACCESSIBILITY AND
SUSTAINABILITY GRANT TO AN ORGANIZATION WHICH HAS RECEIVED A COMPETITIVE
ACCESSIBILITY AND SUSTAINABILITY GRANT UNDER THIS ARTICLE WITHIN THE
PRIOR THREE YEARS.
5. NO REGIONAL COUNCIL SHALL ISSUE COMPETITIVE ACCESSIBILITY AND
SUSTAINABILITY GRANTS TOTALING MORE THAN FIFTY PERCENT OF SUCH COUNCIL'S
COMPETITIVE ACCESSIBILITY AND SUSTAINABILITY GRANT MONEY ISSUED IN A
CALENDAR YEAR TO PARKS ORGANIZATIONS.
§ 2. This act shall take effect immediately.