NY State Senate Bill 2023-S8931

Senate Bill S8931

2023-2024 Legislative Session

Requires certain municipal planning boards and zoning boards of appeals to receive environmentally conscious planning training

download bill text pdf

Current Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 01, 2024	referred to local government

2023-S8931 (ACTIVE) - Details

See Assembly Version of this Bill:: A10239
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §239-c, Gen Muni L; amd §§27 & 81, Gen City L; amd §§267 & 271, Town L; amd §§7-712 & 7-718, Vil L

2023-S8931 (ACTIVE) - Summary

Requires certain municipal planning boards and zoning boards of appeals to receive at least one hour of environmentally conscious planning training annually.

2023-S8931 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8931

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the general municipal law, the general city law, the
town law, and the village law, in relation to requiring certain munici-
pal planning boards and zoning boards of appeals to receive environ-
mentally conscious planning training

 
PURPOSE:

To make environmental concerns a core principle of planning and zoning
for localities by requiring planning and zoning training for board
members to include environmentally conscious training.

 
SUMMARY OF PROVISIONS:

Section one amends section 239-C of the general municipal law to require
each member of a county planning board to receive at least one hour of
training on environmentally.conscious planning.

Section two amends section 27 of the general city law to require each
member of a city planning board, except New York City, to receive at
least one hour of training on environmentally conscious, planning.

Section three amends section 81 of the general city law to require each
member of a city zoning board of appeals, except New York City, to
receive at least one hour of training on environmentally conscious plan-
ning.

Section four amends section 267 of the town law to require each member
of a town zoning board of appeals to receive at least one hour of train-
ing on environmentally conscious planning.

Section five amends section 271 of the town law to require each member
of a town planning board to receive at least one hour of training on
environmentally conscious planning.

Section six amends section 7-712 of the village law to require each
member of a village zoning board of appeals to receive at least one hour
of training on environmentally conscious planning.

Section seven amends section 7-718 of the village law to require each
member of a village planning board to receive at least one hour of
training on environmentally conscious planning.

Section eight states the effective date.

 
JUSTIFICATION:

Planning and Zoning Boards across the state have an incredible responsi-
bility to create the character of a community and ensure it's set up for
success well into the future. These boards also play an important role
in the state's achievement of the goals set forth in the Climate Leader-
ship and Community Protection Act of 2019 (CLCPA), as the state cannot
meet these goals without the help of local governments. Zoning, plan-
ning, and permitting, typically decided by localities and their boards,
will help shape New York's regenerative future and determine how we
adapt to the effects of climate change over the long term. This work,
however, is made more complicated by rapidly changing guidelines and
expanding opportunities for state and federal funding and assistance in
the climate leadership space.

The importance of training for board members has already been estab-
lished in statute: over fifteen years ago, the state required four hours
of training for planning and zoning board of appeals members to ensure a
foundational base of knowledge and background information on the compli-
cated workings of permitting and zoning.  Serving on a zoning or plan-
ning board was known then to require technical expertise and continued
education, but the challenges and complexities added by the worsening
climate crisis make an updated training necessary. This bill will
require all local officials serving on planning boards or zoning boards
of appeal to receive at least one hour of environmentally conscious
training per year. This continued education will help local planning and
zoning boards make environmentally sound decisions to ensure communities
are best prepared to respond to climate change's challenges and help
guide the state in achieving the goals set forth by the CLCPA.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2023-S8931 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8931
 
                             I N  S E N A T E
 
                               April 1, 2024
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law, the  general  city  law,  the
   town law, and the village law, in relation to requiring certain munic-
   ipal  planning boards and zoning boards of appeals to receive environ-
   mentally conscious planning training

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (i)  of  paragraph  (d) of subdivision 2 of
 section 239-c of the general municipal law, as amended by chapter 662 of
 the laws of 2006, is amended to read as follows:
   (i) Each member of a county planning board shall complete, at a  mini-
 mum,  [four]  FIVE  hours  of training each year designed to enable such
 members to more effectively carry out their duties. Training received by
 a member in excess of [four] FIVE hours in  any  one  year,  EXCEPT  FOR
 ENVIRONMENTALLY  CONSCIOUS PLANNING TRAINING, may be carried over by the
 member into succeeding years in order to meet the requirements  of  this
 paragraph.  Such  training  shall  be  approved  by  the  county and may
 include, but not be limited to, training provided by a regional or coun-
 ty planning office or  commission,  county  planning  federation,  state
 agency,  statewide municipal association, college or other similar enti-
 ty.  TRAINING SHALL INCLUDE AT LEAST ONE HOUR RELATED TO ENVIRONMENTALLY
 CONSCIOUS PLANNING, INCLUDING, BUT NOT TO BE  LIMITED  TO,  TRAINING  TO
 MEET  THE GOALS OF AND COMPLIANCE WITH THE CLIMATE LEADERSHIP AND COMMU-
 NITY PROTECTION ACT, INCLUDING ANY GRANT AND FUNDING  OPPORTUNITIES  FOR
 COUNTIES,  FARMLAND  AND NATURAL RESOURCE CONSERVATION, CLIMATE JUSTICE,
 ENVIRONMENTALLY CONSCIOUS SITE DESIGN, BUILDING MATERIAL TECHNIQUES  AND
 WATER  MITIGATION  AND  ENERGY  SYSTEMS  BEST PRACTICES. Training may be
 provided in a variety of formats, including but not  limited  to,  elec-
 tronic  media, video, distance learning and traditional classroom train-
 ing.
   § 2. Paragraph a of subdivision 7-a of section 27 of the general  city
 law,  as added by chapter 662 of the laws of 2006, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13888-02-4
 S. 8931                             2
 
   a. Each member of the planning board of a city, except a city having a
 population of more than one  million,  shall  complete,  at  a  minimum,
 [four]  FIVE hours of training each year designed to enable such members
 to more effectively carry out  their  duties.  Training  received  by  a
 member  in excess of [four] FIVE hours in any one year, EXCEPT FOR ENVI-
 RONMENTALLY CONSCIOUS PLANNING TRAINING, may  be  carried  over  by  the
 member  into  succeeding years in order to meet the requirements of this
 subdivision. Such training shall be approved by the legislative body and
 may include, but not be limited to, training provided by a municipality,
 regional or county planning office or commission, county planning feder-
 ation, state agency, statewide municipal association, college  or  other
 similar  entity.    TRAINING  SHALL INCLUDE AT LEAST ONE HOUR RELATED TO
 ENVIRONMENTALLY CONSCIOUS PLANNING, INCLUDING, BUT NOT TO BE LIMITED TO,
 TRAINING TO MEET THE GOALS OF AND COMPLIANCE WITH THE CLIMATE LEADERSHIP
 AND COMMUNITY PROTECTION ACT, INCLUDING ANY GRANT AND  FUNDING  OPPORTU-
 NITIES FOR COUNTIES, FARMLAND AND NATURAL RESOURCE CONSERVATION, CLIMATE
 JUSTICE,  ENVIRONMENTALLY CONSCIOUS SITE DESIGN, BUILDING MATERIAL TECH-
 NIQUES AND WATER MITIGATION AND ENERGY SYSTEMS BEST PRACTICES.  Training
 may  be  provided in a variety of formats, including but not limited to,
 electronic media, video, distance  learning  and  traditional  classroom
 training.
   §  3.  Paragraph  (a)  of subdivision 7-a of section 81 of the general
 city law, as added by chapter 662 of the laws of  2006,  is  amended  to
 read as follows:
   (a)  Each  member  of  the  board  of appeals in a city, except a city
 having a population of more than one million, shall complete, at a mini-
 mum, [four] FIVE hours of training each year  designed  to  enable  such
 members to more effectively carry out their duties. Training received by
 a  member  in  excess  of  [four] FIVE hours in any one year, EXCEPT FOR
 ENVIRONMENTALLY CONSCIOUS PLANNING TRAINING, may be carried over by  the
 member  into  succeeding years in order to meet the requirements of this
 subdivision. Such training shall be approved by the legislative body and
 may include, but not be limited to, training provided by a municipality,
 regional or county planning office or commission, county planning feder-
 ation, state agency, statewide municipal association, college  or  other
 similar  entity.    TRAINING  SHALL INCLUDE AT LEAST ONE HOUR RELATED TO
 ENVIRONMENTALLY CONSCIOUS PLANNING, INCLUDING, BUT NOT TO BE LIMITED TO,
 TRAINING TO MEET THE GOALS OF AND COMPLIANCE WITH THE CLIMATE LEADERSHIP
 AND COMMUNITY PROTECTION ACT, INCLUDING ANY GRANT AND  FUNDING  OPPORTU-
 NITIES FOR COUNTIES, FARMLAND AND NATURAL RESOURCE CONSERVATION, CLIMATE
 JUSTICE,  ENVIRONMENTALLY CONSCIOUS SITE DESIGN, BUILDING MATERIAL TECH-
 NIQUES AND WATER MITIGATION AND ENERGY SYSTEMS BEST PRACTICES.  Training
 may  be  provided in a variety of formats, including but not limited to,
 electronic media, video, distance  learning  and  traditional  classroom
 training.
   §  4. Paragraph (a) of subdivision 7-a of section 267 of the town law,
 as added by chapter 662 of the laws of  2006,  is  amended  to  read  as
 follows:
   (a)  Each member of the board of appeals shall complete, at a minimum,
 [four] FIVE hours of training each year designed to enable such  members
 to  more  effectively  carry  out  their  duties. Training received by a
 member in excess of [four] FIVE hours in any one year, EXCEPT FOR  ENVI-
 RONMENTALLY  CONSCIOUS  PLANNING  TRAINING,  may  be carried over by the
 member into succeeding years in order to meet the requirements  of  this
 subdivision.  Such  training shall be approved by the town board and may
 include, but not be limited to, training  provided  by  a  municipality,
 S. 8931                             3
 
 regional or county planning office or commission, county planning feder-
 ation,  state  agency, statewide municipal association, college or other
 similar entity.  TRAINING SHALL INCLUDE AT LEAST  ONE  HOUR  RELATED  TO
 ENVIRONMENTALLY CONSCIOUS PLANNING, INCLUDING, BUT NOT TO BE LIMITED TO,
 TRAINING TO MEET THE GOALS OF AND COMPLIANCE WITH THE CLIMATE LEADERSHIP
 AND  COMMUNITY  PROTECTION ACT, INCLUDING ANY GRANT AND FUNDING OPPORTU-
 NITIES FOR COUNTIES, FARMLAND AND NATURAL RESOURCE CONSERVATION, CLIMATE
 JUSTICE, ENVIRONMENTALLY CONSCIOUS SITE DESIGN, BUILDING MATERIAL  TECH-
 NIQUES  AND WATER MITIGATION AND ENERGY SYSTEMS BEST PRACTICES. Training
 may be provided in a variety of formats, including but not  limited  to,
 electronic  media,  video,  distance  learning and traditional classroom
 training.
   § 5.  Paragraph a of subdivision 7-a of section 271 of the  town  law,
 as  added  by  chapter  662  of  the laws of 2006, is amended to read as
 follows:
   a. Each member of the planning board shall  complete,  at  a  minimum,
 [four]  FIVE hours of training each year designed to enable such members
 to more effectively carry out  their  duties.  Training  received  by  a
 member  in excess of [four] FIVE hours in any one year, EXCEPT FOR ENVI-
 RONMENTALLY CONSCIOUS PLANNING TRAINING, may  be  carried  over  by  the
 member  into  succeeding years in order to meet the requirements of this
 subdivision. Such training shall be approved by the town board  and  may
 include,  but  not  be  limited to, training provided by a municipality,
 regional or county planning office or commission, county planning feder-
 ation, state agency, statewide municipal association, college  or  other
 similar  entity.    TRAINING  SHALL INCLUDE AT LEAST ONE HOUR RELATED TO
 ENVIRONMENTALLY CONSCIOUS PLANNING, INCLUDING, BUT NOT TO BE LIMITED TO,
 TRAINING TO MEET THE GOALS OF AND COMPLIANCE WITH THE CLIMATE LEADERSHIP
 AND COMMUNITY PROTECTION ACT, INCLUDING ANY GRANT AND  FUNDING  OPPORTU-
 NITIES FOR COUNTIES, FARMLAND AND NATURAL RESOURCE CONSERVATION, CLIMATE
 JUSTICE,  ENVIRONMENTALLY CONSCIOUS SITE DESIGN, BUILDING MATERIAL TECH-
 NIQUES AND WATER MITIGATION AND ENERGY SYSTEMS BEST PRACTICES.  Training
 may  be  provided in a variety of formats, including but not limited to,
 electronic media, video, distance  learning  and  traditional  classroom
 training.
   §  6. Paragraph (a) of subdivision 7-a of section 7-712 of the village
 law, as added by chapter 662 of the laws of 2006, is amended to read  as
 follows:
   (a)  Each member of the board of appeals shall complete, at a minimum,
 [four] FIVE hours of training each year designed to enable such  members
 to  more  effectively  carry  out  their  duties. Training received by a
 member in excess of [four] FIVE hours in any one year, EXCEPT FOR  ENVI-
 RONMENTALLY  CONSCIOUS  PLANNING  TRAINING,  may  be carried over by the
 member into succeeding years in order to meet the requirements  of  this
 subdivision.  Such  training  shall be approved by the board of trustees
 and may include, but not be limited to, training provided by  a  munici-
 pality,  regional  or county planning office or commission, county plan-
 ning federation, state agency, statewide municipal association,  college
 or  other  similar  entity.    TRAINING  SHALL INCLUDE AT LEAST ONE HOUR
 RELATED TO ENVIRONMENTALLY CONSCIOUS PLANNING, INCLUDING, BUT NOT TO  BE
 LIMITED  TO,  TRAINING  TO  MEET  THE  GOALS  OF AND COMPLIANCE WITH THE
 CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, INCLUDING ANY GRANT AND
 FUNDING  OPPORTUNITIES  FOR  COUNTIES,  FARMLAND  AND  NATURAL  RESOURCE
 CONSERVATION,  CLIMATE  JUSTICE,  ENVIRONMENTALLY CONSCIOUS SITE DESIGN,
 BUILDING MATERIAL TECHNIQUES AND WATER  MITIGATION  AND  ENERGY  SYSTEMS
 BEST  PRACTICES.  Training  may  be  provided  in  a variety of formats,
 S. 8931                             4
 
 including but not limited to, electronic media, video, distance learning
 and traditional classroom training.
   §  7.  Paragraph  a of subdivision 7-a of section 7-718 of the village
 law, as added by chapter 662 of the laws of 2006, is amended to read  as
 follows:
   a.  Each  member  of  the planning board shall complete, at a minimum,
 [four] FIVE hours of training each year designed to enable such  members
 to  more  effectively  carry  out  their  duties. Training received by a
 member in excess of [four] FIVE hours in any one year, EXCEPT FOR  ENVI-
 RONMENTALLY  CONSCIOUS  PLANNING  TRAINING,  may  be carried over by the
 member into succeeding years in order to meet the requirements  of  this
 subdivision.  Such  training  shall be approved by the board of trustees
 and may include, but not be limited to, training provided by  a  munici-
 pality,  regional  or county planning office or commission, county plan-
 ning federation, state agency, statewide municipal association,  college
 or  other  similar  entity.    TRAINING  SHALL INCLUDE AT LEAST ONE HOUR
 RELATED TO ENVIRONMENTALLY CONSCIOUS PLANNING, INCLUDING, BUT NOT TO  BE
 LIMITED  TO,  TRAINING  TO  MEET  THE  GOALS  OF AND COMPLIANCE WITH THE
 CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, INCLUDING ANY GRANT AND
 FUNDING  OPPORTUNITIES  FOR  COUNTIES,  FARMLAND  AND  NATURAL  RESOURCE
 CONSERVATION,  CLIMATE  JUSTICE,  ENVIRONMENTALLY CONSCIOUS SITE DESIGN,
 BUILDING MATERIAL TECHNIQUES AND WATER  MITIGATION  AND  ENERGY  SYSTEMS
 BEST  PRACTICES.  Training  may  be  provided  in  a variety of formats,
 including but not limited to, electronic media, video, distance learning
 and traditional classroom training.
   § 8. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.

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