senate Bill S2552A

Establishes the New York state growth interagency task force

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Bill Status


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

  • 22 / Jan / 2013
    • REFERRED TO FINANCE
  • 01 / Feb / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO INFRASTRUCTURE AND CAPITAL INVESTMENT
  • 08 / Jan / 2014
    • REFERRED TO INFRASTRUCTURE AND CAPITAL INVESTMENT
  • 27 / Jan / 2014
    • AMEND AND RECOMMIT TO INFRASTRUCTURE AND CAPITAL INVESTMENT
  • 27 / Jan / 2014
    • PRINT NUMBER 2552A

Summary

Establishes the New York state smart growth interagency task force to provide municipalities with smart growth planning grants.

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Bill Details

See Assembly Version of this Bill:
A4949A
Versions:
S2552
S2552A
Legislative Cycle:
2013-2014
Current Committee:
Senate Infrastructure And Capital Investment
Law Section:
Executive Law
Laws Affected:
Add Art 43 §§925 - 925-b, Exec L; amd §92-s, St Fin L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3494A, A9684
2009-2010: S1115, S1115

Sponsor Memo

BILL NUMBER:S2552A

TITLE OF BILL: An act to amend the executive law and the state finance
law, in relation to establishing the New York state growth interagency
task force

PURPOSE:

To establish the NYS Smart Growth Interagency Task Force to distribute
smart growth planning grants to municipalities.

SUMMARY OF PROVISIONS:

This bill creates the Smart Growth Interagency Task Force made up of the
Commissioners of the Departments of Environmental Conservation, Agricul-
ture and Markets, Transportation, Parks, Recreation and Historic Preser-
vation, Economic Development; the Secretary of State; President of the
Environment Facilities Corporation; Chairs of the Urban Development
Corporation and Housing Finance Agency; Commissioner of the Division of
Housing and Community Renewal; President of the Energy Research and
Development Authority; Speaker of the Assembly and Temporary President
of the Senate. The Task Force will be co-chaired by the Secretary of
State and Urban Development Corporation.

The Task Force shall distribute smart growth planning grants to munici-
palities. Grants shall be available for Community vision planning, agri-
culture retention and farmland preservation planning, and transit
oriented design planning.

Grant applications shall be reviewed based on the applicant's partner-
ships with other organizations, effect use of grant funds, opportunity
to leverage other funding sources, commitment to smart growth princi-
ples, and ability to carry out the resulting plan.

JUSTIFICATION:

Our State has been a leader in protecting the environment along with
increasing economic activity. Unfortunately, local governments actions
with planning and zoning, and funding of State infrastructure have
created land use and settlement that expands expensive infrastructure
with new roadways, water supplies, sewer treatment facilities, utilities
and other public facilities with a great cost to the taxpayer and the
ratepayer. These actions have resulted in the underutilization and
economical suffering of traditional main street, downtown areas and
established suburbs.

To reverse these trends, there needs to be a focus on sound planned
growth by local governments. Such a collaborative community based
effort, called smart growth, creates a viable plan reflecting the
economic, social and environmental needs of the municipality and the
region. Areas with previous development and existing infrastructure will

receive the support and encourage from local governments for new devel-
opment.

Intelligent land use planning requires coordination and consistency
among all levels of government. In order to promote regional goals, it
is time for the state and local governments to work together to achieve
efficient and effective infrastructure investment, consistency and fair-
ness in land use decisions. This bill offers funding for smart growth
planning to achieve an improved economy, a healthier environment and
more livable State for all New Yorkers.

LEGISLATIVE HISTORY:

2008:S.7524 - Finance; No same as
2009-10: S.1115 - Finance; No same as
2011-12: S. 3494-A - Finance; A. 9684 - Governmental Operations

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after April 1, 2015.

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

                                 2552--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance --  recommit-
  ted  to  the  Committee  on  Infrastructure  and Capital Investment in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the executive law and the state finance law, in relation
  to establishing the New York state growth interagency task force

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

  Section  1. The executive law is amended by adding a new article 43 to
read as follows:
                                ARTICLE 43
           NEW YORK STATE SMART GROWTH INTERAGENCY TASK FORCE
SECTION 925.   DEFINITIONS.
        925-A. NEW YORK STATE SMART GROWTH INTERAGENCY TASK FORCE.
        925-B. RESPONSIBILITIES OF THE TASK FORCE.
  S 925. DEFINITIONS.  AS USED IN THIS ARTICLE:
  1. "SMART GROWTH PRINCIPLES" MEANS THE FOLLOWING:
  A. PUBLIC INVESTMENT: TO PLAN SO AS TO ACCOUNT FOR  AND  MINIMIZE  THE
ADDITIONAL  PUBLIC  COSTS  OF  NEW DEVELOPMENT, INCLUDING INFRASTRUCTURE
COSTS SUCH AS TRANSPORTATION, SEWERS AND WASTE-WATER  TREATMENT,  WATER,
SCHOOLS, RECREATION, OPEN SPACE AND OTHER ENVIRONMENTAL IMPACTS;
  B. ECONOMIC DEVELOPMENT: TO ENCOURAGE REDEVELOPMENT OF EXISTING COMMU-
NITY  CENTERS, AND TO ENCOURAGE NEW DEVELOPMENT IN AREAS WHERE TRANSPOR-
TATION, WATER AND SEWER INFRASTRUCTURE ARE READILY AVAILABLE;
  C. CONSERVATION AND RESTORATION: TO  PROTECT,  PRESERVE,  ENHANCE  AND
RESTORE  THE  STATE'S NATURAL AND HISTORIC RESOURCES, INCLUDING AGRICUL-
TURAL LAND, FORESTS, SURFACE WATER AND GROUNDWATER, RECREATION AND  OPEN
SPACE,  SCENIC AREAS, SIGNIFICANT HABITATS, AND SIGNIFICANT HISTORIC AND
ARCHAEOLOGICAL SITES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07221-02-4

S. 2552--A                          2

  D. PARTNERSHIPS: TO ESTABLISH INTERMUNICIPAL  AND  OTHER  INTERGOVERN-
MENTAL PARTNERSHIPS TO ADDRESS DEVELOPMENT ISSUES WHICH TRANSCEND MUNIC-
IPAL  BOUNDARIES, AND WHICH ARE BEST ADDRESSED BY EFFECTIVE PARTNERSHIPS
AMONG LEVELS OF GOVERNMENT, IN ORDER TO INCREASE EFFICIENT, PLANNED, AND
COST-EFFECTIVE  DELIVERY  OF  GOVERNMENT SERVICES BY, AMONG OTHER MEANS,
FACILITATING COOPERATIVE AGREEMENTS AMONG ADJACENT  COMMUNITIES  AND  TO
ENSURE WITHIN A REGIONAL CONTEXT, THE APPROPRIATE BALANCE BETWEEN DEVEL-
OPMENT AND OPEN SPACE PROTECTION;
  E.  COMMUNITY LIVABILITY: TO STRENGTHEN COMMUNITIES' SENSE OF PLACE BY
ENCOURAGING COMMUNITIES TO ADOPT DEVELOPMENT AND  REDEVELOPMENT  STRATE-
GIES  WHICH  BUILD  ON EACH COMMUNITY'S VISION FOR ITS FUTURE, INCLUDING
INTEGRATION OF ALL INCOME AND AGE GROUPS, MIXED LAND  USES  AND  COMPACT
DEVELOPMENT,  DOWNTOWN REVITALIZATION, OPEN SPACE PROTECTION, BROWNFIELD
REDEVELOPMENT, ENHANCED BEAUTY IN PUBLIC SPACES, AND DIVERSE AND AFFORD-
ABLE HOUSING IN  PROXIMITY  TO  PLACES  OF  EMPLOYMENT,  RECREATION  AND
COMMERCIAL DEVELOPMENT;
  F.   TRANSPORTATION:  TO  PROVIDE  TRANSPORTATION  CHOICES,  INCLUDING
INCREASING PUBLIC TRANSIT, PEDESTRIAN AND BICYCLE AND OTHER CHOICES,  IN
ORDER TO IMPROVE HEALTH AND QUALITY OF LIFE, REDUCE AUTOMOBILE DEPENDEN-
CY, TRAFFIC CONGESTION AND AUTOMOBILE POLLUTION;
  G.  CONSISTENCY:  TO  ENSURE  PREDICTABILITY  IN BUILDING AND LAND USE
CODES; AND
  H. SUSTAINABILITY: TO STRENGTHEN EXISTING AND CREATE  NEW  COMMUNITIES
WHICH  DO NOT COMPROMISE THE NEEDS OF FUTURE GENERATIONS, BY AMONG OTHER
MEANS ENCOURAGING BROAD  BASED  PUBLIC  INVOLVEMENT  IN  DEVELOPING  AND
IMPLEMENTING  A  COMMUNITY PLAN AND ENSURING THE GOVERNANCE STRUCTURE IS
ADEQUATE TO SUSTAIN ITS IMPLEMENTATION.
  2. "TASK FORCE" MEANS THE NEW YORK STATE SMART GROWTH INTERAGENCY TASK
FORCE CREATED BY SECTION NINE HUNDRED TWENTY-FIVE-A OF THIS ARTICLE.
  3. "SMART GROWTH PLANNING GRANT"  SHALL  MEAN  THE  "COMMUNITY  VISION
PLANNING  GRANT,"  THE  "AGRICULTURE RETENTION AND FARMLAND PRESERVATION
PLANNING GRANT," AND THE "TRANSIT ORIENTED DESIGN PLANNING GRANT."
  4. "MUNICIPALITY" SHALL MEAN A TOWN, CITY, COUNTY, VILLAGE OR A DESIG-
NATED PUBLIC AGENCY THEREOF, OR A PUBLIC AUTHORITY.
  S 925-A. NEW YORK STATE SMART GROWTH INTERAGENCY TASK FORCE. 1.  THERE
IS  HEREBY  CREATED  THE  NEW  YORK  STATE SMART GROWTH INTERAGENCY TASK
FORCE. THE TASK FORCE  SHALL  CONSIST  OF  THE  FOLLOWING  MEMBERS:  THE
COMMISSIONER  OF ENVIRONMENTAL CONSERVATION, THE SECRETARY OF STATE, THE
COMMISSIONER OF AGRICULTURE AND MARKETS, THE COMMISSIONER OF TRANSPORTA-
TION, THE COMMISSIONER OF PARKS, RECREATION AND  HISTORIC  PRESERVATION,
THE  COMMISSIONER OF ECONOMIC DEVELOPMENT, THE PRESIDENT OF THE ENVIRON-
MENTAL FACILITIES CORPORATION, THE CHAIR OF THE URBAN DEVELOPMENT CORPO-
RATION, THE COMMISSIONER OF THE NEW YORK STATE DIVISION OF  HOUSING  AND
COMMUNITY  RENEWAL,  THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH
AND DEVELOPMENT AUTHORITY, THE CHAIR  OF  THE  NEW  YORK  STATE  HOUSING
FINANCE AGENCY, THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT
OF THE SENATE.
  2.  THE  SECRETARY  OF  STATE  AND  THE CHAIR OF THE URBAN DEVELOPMENT
CORPORATION SHALL SERVE AS CO-CHAIRS OF THE NEW YORK STATE SMART  GROWTH
INTERAGENCY TASK FORCE.
  3.  A  MEMBER MAY APPOINT A DESIGNATED REPRESENTATIVE, WHO SHALL SERVE
AT THE PLEASURE OF THE APPOINTING MEMBER, TO EXERCISE HIS OR HER  POWERS
AND PERFORM HIS OR HER DUTIES.
  4.  MEMBERS  OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION BUT SHALL
BE ENTITLED TO REIMBURSEMENT FOR  ANY  NECESSARY  EXPENSES  INCURRED  IN
CONNECTION WITH THE PERFORMANCE OF THEIR DUTIES.

S. 2552--A                          3

  S  925-B.  RESPONSIBILITIES  OF  THE TASK FORCE. 1. THE NEW YORK STATE
SMART GROWTH INTERAGENCY TASK FORCE SHALL PROVIDE FOR MUNICIPALITIES, ON
A COMPETITIVE BASIS, WITHIN AMOUNTS APPROPRIATED, SMART GROWTH  PLANNING
GRANTS  AS ENUMERATED IN SUBDIVISION TWO OF THIS SECTION AND APPROVED BY
THE TASK FORCE PURSUANT TO SUBDIVISION THREE OF THIS SECTION TO NEW YORK
STATE MUNICIPALITIES.
  2. THE TASK FORCE SHALL ISSUE THE FOLLOWING GRANTS:
  A.  COMMUNITY  VISION  PLANNING GRANT. THE TASK FORCE SHALL AWARD SUCH
GRANT TO FACILITATE IMPLEMENTATION  OF  A  MUNICIPAL  PLAN  DESIGNED  TO
ENGAGE  LOCAL  RESIDENTS  IN THE PLANNING PROCESS TO DEVELOP A COMMUNITY
CONSENSUS ON WHAT THE RESIDENTS WANT THE COMMUNITY TO BE, THE  DIRECTION
OF  THE  COMMUNITY,  AND WHAT MUST BE DONE TO ACHIEVE THE DESIRED COMMON
VISION. THE GRANT MAY BE USED TO FUND ACTIVITIES RELATED  TO  COMPLETION
OF  THE  COMMUNITY VISION PROCESS AND PLAN PREPARATION, EXCEPT FOR FUNDS
USED FOR TRAVEL, FOOD, FACILITY RENTAL OR OTHER CAPITAL EXPENSES.
  B. AGRICULTURE RETENTION AND  FARMLAND  PRESERVATION  PLANNING  GRANT.
SUCH  GRANT SHALL BE AWARDED FOR IMPLEMENTATION OF A MUNICIPAL PLAN THAT
INCLUDES MEASURES TO ENSURE SUSTAINABLE ECONOMIC VITALITY OF AGRICULTURE
IN NEW YORK, IMPLEMENTATION STRATEGIES THAT STRENGTHEN AND  PROMOTE  THE
USE  OF  EXISTING  ALTERNATIVE  PLANNING TOOLS AND CREATE NEW TOOLS THAT
FACILITATE THE ACCOMMODATION OF GROWTH IN WAYS THAT  CONSUME  LESS  LAND
AND  ALLOW FOR THE PRESERVATION OF THE MOST PRODUCTIVE SOILS.  SUCH PLAN
SHALL ALSO INCLUDE AN INVENTORY OF FARM PROPERTIES AND A MAP  ILLUSTRAT-
ING SIGNIFICANT AREAS OF AGRICULTURAL LAND.
  C. TRANSIT ORIENTED DESIGN PLANNING GRANT. SUCH GRANT SHALL BE AWARDED
TO  FACILITATE IMPLEMENTATION OF A PLAN DESIGNED AROUND A MUNICIPALITY'S
TRANSIT FACILITY TO ENCOURAGE  TRANSIT-FRIENDLY  LAND  USE  AROUND  SUCH
FACILITIES.  SUCH PLAN SHALL ENCOURAGE SUFFICIENT RESIDENTIAL DENSITY IN
A MIXED-USE CONFIGURATION FOR TRANSIT-ORIENTED DEVELOPMENT THAT INCORPO-
RATES CONNECTIVITY,  PEDESTRIAN  SAFETY,  STREETSCAPE  IMPROVEMENT,  AND
PARKING.
  3.  THE  TASK  FORCE  SHALL APPLY THE FOLLOWING APPROVAL CRITERIA WHEN
EVALUATING APPLICATIONS FOR A SMART GROWTH PLANNING GRANT, THE:
  A. DEGREE TO WHICH THE APPLICANT HAS EFFECTIVELY PARTNERED WITH  RELE-
VANT,  DIVERSE  ORGANIZATIONS  IN ORDER TO SECURE ENDORSEMENT FOR RECOM-
MENDED TECHNIQUES AND PROVIDE THE NECESSARY TECHNICAL EXPERTISE;
  B. DEGREE TO WHICH THE APPLICANT'S SMART GROWTH PLANNING GRANT  APPLI-
CATION  PROPOSES  TO  EFFECTIVELY  USE GRANT FUNDS; THE TASK FORCE SHALL
TAKE INTO ACCOUNT HOW MUCH OF THE GRANT  WILL  BE  USED  FOR  ACTIVITIES
DIRECTLY RELATED TO THE PROJECT AS OPPOSED TO INDIRECT EXPENDITURES;
  C.  DEGREE TO WHICH THE APPLICANT'S SMART GROWTH PLANNING GRANT APPLI-
CATION PROPOSES TO EFFECTIVELY LEVERAGE AND USE MATCHING FUNDS,  INCLUD-
ING  FUNDS  PROVIDED  THROUGH  OTHER STATE GRANT PROGRAMS; THE APPLICANT
SHALL DEMONSTRATE HOW IT SHALL  COORDINATE  THE  SMART  GROWTH  PLANNING
GRANT  WITH  OTHER  FUNDS  TO LEVERAGE ADDITIONAL RESOURCES TO CARRY OUT
SUCH PLAN OR THAT SMART GROWTH PLANNING  GRANT  FUNDS  SHALL  COMPLEMENT
ACTIVITIES RELEVANT TO THE SMART GROWTH PLAN;
  D.  DEGREE TO WHICH THE APPLICANT IS COMMITTED TO SMART GROWTH PRINCI-
PLES;
  E. DEGREE TO WHICH APPLICANT'S SMART GROWTH PLANNING GRANT APPLICATION
DEMONSTRATES THE ABILITY TO CARRY OUT THE PROPOSED PLAN.
  4. THE TASK FORCE SHALL ISSUE REQUESTS FOR PROPOSALS NO LATER THAN THE
FIRST OF JUNE SUCCEEDING THE DATE  ON  WHICH  THIS  ARTICLE  SHALL  HAVE
BECOME LAW AND EACH YEAR THEREAFTER.

S. 2552--A                          4

  5.  THE  TASK FORCE SHALL FACILITATE COORDINATION AND COOPERATION WITH
OTHER STATE GRANT PROGRAMS TO PROVIDE A CENTRALIZED INFORMATION  REPOSI-
TORY ON GRANT OPPORTUNITIES.
  S  2.  Paragraph  (d)  of  subdivision  6 of section 92-s of the state
finance law, as amended by section 13 of part E of  chapter  61  of  the
laws of 2000, is amended to read as follows:
  (d) Moneys from the open space account shall be available, pursuant to
appropriation[,]:  (I)  for any open space land conservation project[,];
(II) FOR bio-diversity stewardship and research pursuant to chapter five
hundred fifty-four of the  laws  of  nineteen  hundred  ninety-three[,];
(III)  for  the  purposes of agricultural and farmland protection activ-
ities as authorized by article twenty-five-AAA of  the  agriculture  and
markets law[,]; (IV) FOR non-point source abatement and control projects
pursuant  to  section  17-1409 of the environmental conservation law and
section eleven-b of the soil and water  conservation  districts  law[,];
(V)  for  Long  Island Central Pine Barrens area planning or Long Island
south shore estuary reserve planning pursuant to title thirteen of arti-
cle fifty-four of the environmental conservation law[,  and];  (VI)  for
operation  and  management  of  the Albany Pine Bush preserve commission
pursuant to subdivision two of  section  54-0303  of  the  environmental
conservation  law; AND (VII) FOR SMART GROWTH PROJECTS PURSUANT TO ARTI-
CLE FORTY-THREE OF THE EXECUTIVE LAW.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2015.

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