S T A T E O F N E W Y O R K
S. 3308--A A. 4117--A
2013-2014 Regular Sessions
S E N A T E - A S S E M B L Y
January 31, 2013
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment -- recommitted to the Committee on Local Government in accordance
with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Local Governments -- recommitted to the Committee
on Local Governments in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general municipal law, in relation to requiring
state and local agencies to establish a priority processing procedure
for the review of construction permits which meet certain energy and
environmental design standards
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 859-c to read as follows:
S 859-C. BUILDING PERMITS, ENERGY AND ENVIRONMENTAL DESIGN STANDARDS;
PRIORITY PROCESS. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "CONSTRUCTION PERMIT" SHALL MEAN A PERMIT OR ANY OTHER APPROVAL
ISSUED BY A MUNICIPAL CORPORATION FOR ANY WORK NECESSARY OR INCIDENTAL
TO THE ERECTION, DEMOLITION, ASSEMBLING, ALTERATION, INSTALLING OR
EQUIPPING OF ANY BUILDING.
(B) "ENERGY AND ENVIRONMENTAL DESIGN STANDARDS" SHALL MEAN THE LEADER-
SHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) BUILDING RATING SYSTEM
PUBLISHED BY THE UNITED STATES GREEN BUILDING COUNCIL, OR ANOTHER COMPA-
RABLE STATE APPROVED, NATIONALLY RECOGNIZED, AND CONSENSUS BASED GUIDE-
LINE, STANDARD OR SYSTEM, WHICH INCLUDES BUT IS NOT LIMITED TO MEAN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 3308--A 2 A. 4117--A
DESIGN GUIDELINES AND A RATING SYSTEM OR RULES FOR CONSTRUCTING BUILD-
INGS THAT INSURE SITE PLANNING, WATER EFFICIENCY, ENERGY EFFICIENCY, AND
RENEWABLE ENERGY, CONSERVATION MATERIALS AND RESOURCES, AND INDOOR ENVI-
(C) "APPLICANT" SHALL MEAN ANY PERMIT APPLICANT THAT IS NOT THE STATE
GOVERNMENT, FEDERAL GOVERNMENT, OR MUNICIPAL CORPORATION.
(D) "AGENCY" SHALL MEAN ANY STATE OR MUNICIPAL CORPORATION, DEPART-
MENT, BOARD, BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY,
PUBLIC CORPORATION, COUNCIL, OFFICE OR OTHER GOVERNMENTAL ENTITY.
2. EVERY AGENCY THAT ISSUES CONSTRUCTION PERMITS SHALL ESTABLISH A
PROCEDURE FOR PRIORITY PROCESSING OF A PERMIT APPLICATION THAT MEETS
ENERGY AND ENVIRONMENTAL DESIGN STANDARDS EQUAL OR BETTER TO THE LEED
SILVER OR TWO GREEN GLOBES RATING SYSTEM. THE ESTABLISHED PRIORITY PROC-
ESSING PROCEDURE SHALL BE AT NO ADDITIONAL COST TO THE APPLICANT. SUCH
PROCEDURE SHALL NOT IMPLY OR PROVIDE THAT ANY APPLICATION FOR A
CONSTRUCTION PERMIT SHALL BE AUTOMATICALLY APPROVED.
3. EACH AGENCY SHALL ESTABLISH SUCH PRIORITY PROCESSING PROCEDURE ON
OR BEFORE JANUARY FIRST, TWO THOUSAND FIFTEEN.
S 2. This act shall take effect immediately.