Relates to authorizing the department of state to provide additional technical assistance to local waterfront revitalization programs and to increase the state allowable share of associated costs

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.