senate Bill S5363

Exempts school districts from the requirements of smart growth

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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

  • 16 / May / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 11 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1293
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 20 / May / 2014
    • 1ST REPORT CAL.808
  • 21 / May / 2014
    • 2ND REPORT CAL.
  • 28 / May / 2014
    • ADVANCED TO THIRD READING
  • 02 / Jun / 2014
    • PASSED SENATE
  • 02 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 02 / Jun / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Exempts school districts from the requirements of smart growth.

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Bill Details

Versions:
S5363
Legislative Cycle:
2013-2014
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §6-0107, En Con L

Sponsor Memo

BILL NUMBER:S5363

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the state smart growth public infrastructure criteria

PURPOSE: To provide relief to school districts from the reporting
requirements of the Smart Growth legislation.

SUMMARY OF PROVISIONS:

Section 1: Amends § 6-0107(1) of the environmental conservation law to
eliminate compliance with the smart growth legislation adopted as
Chapter 433 of the Laws of 2010. Ch. 433 L. 2010

Section 2: Sets forth an immediate effective date.

EXISTING LAW: None.

JUSTIFICATION: Recent years have confronted school districts with
unprecedented fiscal challenges. While the economic outlook for the
state is steadily improving, it is a legislative priority to provide
as much flexibility as possible to school districts to enable them to
provide the high quality education we have come to expect for our
students. While there are many requirements imposed on school
districts that provide educational value, others continue to constrain
the creativity of a district to provide services to students and
relief to taxpayers.

In 2010, the "Smart Growth" legislation was enacted to curtail
concerns or urban sprawl. This legislation applied to all
municipalities, including school districts. One of the main tenets of
the legislation was to encourage the reuse of existing infrastructure.
According, to the New York State Education Department, almost 95% of
school building projects involve the rehabilitation of existing,
facilities for continued use as schools. Therefore, this bill
eliminates an onerous administrative reporting requirement on both
local school districts and the State Education Department.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Possible savings to local school districts and
the New York State Education Department.

EFFECTIVE DATE: Immediately.

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

                                  5363

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sens. FLANAGAN, FELDER -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation

AN  ACT  to amend the environmental conservation law, in relation to the
  state smart growth public infrastructure criteria

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

  Section  1.    Subdivision  1  of  section 6-0107 of the environmental
conservation law, as added by chapter  433  of  the  laws  of  2010,  is
amended to read as follows:
  1.  In  addition  to  meeting  other  criteria and requirements of law
governing  approval,  development,  financing  and  state  aid  for  the
construction  of  new  or  expanded  public infrastructure or the recon-
struction thereof, no state infrastructure agency shall approve,  under-
take,  support  or  finance  a  public infrastructure project, including
providing grants, awards, loans or assistance programs, unless,  to  the
extent  practicable,  it is consistent with the relevant criteria speci-
fied in subdivision two of this section.  NOTWITHSTANDING THE PROVISIONS
OF THIS SUBDIVISION OR ANY  OTHER  PROVISION  OF  THIS  ARTICLE  TO  THE
CONTRARY,   PROJECTS  FOR  THE  RECONSTRUCTION,  RENOVATION,  REPAIR  OR
IMPROVEMENT OF EXISTING PUBLIC SCHOOL  FACILITIES  OR  EXISTING  LIBRARY
FACILITIES,  AND PROJECTS FOR THE CONSTRUCTION OF NEW OR EXPANDED PUBLIC
SCHOOL OR LIBRARY FACILITIES  IN  CITIES  HAVING  A  POPULATION  OF  ONE
HUNDRED  TWENTY-FIVE  THOUSAND  INHABITANTS OR MORE, SHALL NOT BE DEEMED
PUBLIC INFRASTRUCTURE PROJECTS SUBJECT TO THE REQUIREMENTS OF THIS ARTI-
CLE.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11073-01-3

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