NY State Assembly Bill 2009-A10647

Archive: Last Bill Status - In Assembly 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
May 25, 2010	held for consideration in governmental operations
Apr 13, 2010	referred to governmental operations

co-Sponsors

multi-Sponsors

2009-A10647 (ACTIVE) - Details

Current Committee:: Assembly Governmental Operations
Law Section:: State Administrative Procedure Act
Laws Affected:: Add §202-f, St Ad Proc Act
Versions Introduced in 2011-2012 Legislative Session:: A279

2009-A10647 (ACTIVE) - Summary

Requires all rules, the purpose or effect of which is to increase or decrease the cost of constructing, purchasing, owning or selling a single family residence, be accompanied by a brief explanatory statement or note that shall include a reliable estimate of the anticipated impact of such rule on housing.

2009-A10647 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10647

TITLE  OF BILL:  An act to amend the state administrative procedure act,
in relation to requiring housing affordability impact notes in  relation
to certain rules

PURPOSE  OR  GENERAL  IDEA  OF BILL: To require every agency proposing a
rule or regulation which increases or decreases the cost of  housing  to
include  a note which provides an estimate of the rulers impact on hous-
ing.

SUMMARY OF SPECIFIC PROVISIONS: This bill would add a new Section  202-f
to  the  State  Administrative  Procedure Act requiring that every state
agency proposing the adoption, repeal, or amendment of any rule  affect-
ing  the cost of single-family residences to present along with the rule
a housing affordability impact note. The Division of Housing and  Commu-
nity  Renewal,  the  Housing  Finance  Agency, and the State of New York
Mortgage Agency are excluded. The note must contain a reliable  estimate
of  the  anticipated  impact  of  the  rule  on such housing. Any agency
proposing such a rule would be required to present a copy  of  the  rule
with  a  request for a housing affordability impact note to the Division
of Housing and Community Renewal. The Division would have to prepare the
note and submit it to the agency within five calendar  days,  unless  an
extension is needed. Any extension, though, could not exceed 30 days. In
preparing  the note, the Division could solicit assistance from a state-
wide trade organization representing the real estate  or  home  building

industry.  If the Division determines that rule's impact, a statement to
that  effect  may be filed with the rule. The housing affordability note
itself would have to be factual in nature and would have  to  provide  a
reliable  estimate in dollars of the rule's housing impact. It must also
include both the immediate and long-range effect  of  the  measure.  The
note  must be prepared on the basis of a single-family residence and may
include an estimate for a larger development as an analysis of the long-
range effect of the measure.  If the Division determines that no  dollar
estimate  is  possible, the note must contain a statement to that effect
setting forth the reasons why no dollar estimate can be given. In  addi-
tion,  no  comment or opinion can be included in the note with regard to
the merits of the measure; however, technical or mechanical defects  may
be noted.

EFFECTS  OF PRESENT LAW WHICH THIS BILL WOULD ALTER:  Adds a new Section
202-f to the State Administrative Procedure Act.

JUSTIFICATION:  Many factors enter into the equation for determining the
cost of building affordable housing. These factors are  not  necessarily
limited to the cost of labor and materials but may include costs related
to the regulatory barriers, environmental concerns, permits, infrastruc-
ture,  and tax considerations. This bill reflects an attempt to identify
the costs  of  constructing  or  purchasing  residential  housing  which
results  from  the promulgation of regulations. By doing so, it is hoped
that these costs can be decreased or limited.

PRIOR LEGISLATIVE HISTORY: A3S20 of 1996; A4915 of 2004; A1001 of  2006;
A5729 of 2008; A3874 of 2009

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE  DATE:  The  first  day of January next succeeding the date on
which it becomes law.

2009-A10647 (ACTIVE) - Bill Text download pdf

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

                                  10647

                          I N  A S S E M B L Y

                             April 13, 2010
                               ___________

Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the state administrative procedure act, in  relation  to
  requiring  housing  affordability  impact notes in relation to certain
  rules

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

  Section 1. The state administrative procedure act is amended by adding
a new section 202-f to read as follows:
  S  202-F.  HOUSING  AFFORDABILITY  IMPACT  NOTES. 1.   EVERY RULE, THE
PURPOSE OR EFFECT OF WHICH IS  TO  INCREASE  OR  DECREASE  THE  COST  OF
CONSTRUCTING,  PURCHASING,  OWNING OR SELLING A SINGLE FAMILY RESIDENCE,
EITHER DIRECTLY OR INDIRECTLY, SHALL BE ACCOMPANIED BY A BRIEF  EXPLANA-
TORY  STATEMENT  OR  NOTE  THAT SHALL INCLUDE A RELIABLE ESTIMATE OF THE
ANTICIPATED IMPACT ON SUCH HOUSING. THESE STATEMENTS OR NOTES  SHALL  BE
KNOWN AS HOUSING AFFORDABILITY IMPACT NOTES.
  2. EVERY STATE AGENCY, EXCLUDING THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL, THE NEW YORK STATE HOUSING FINANCE AGENCY, AND THE STATE OF NEW
YORK MORTGAGE AGENCY, PROPOSING THE ADOPTION, REPEAL OR AMENDMENT OF ANY
RULE  TO  WHICH SUBDIVISION ONE OF THIS SECTION APPLIES, SHALL PRESENT A
COPY OF THE PROPOSAL, WITH  THE  REQUEST  FOR  A  HOUSING  AFFORDABILITY
IMPACT  NOTE  TO  THE  NEW  YORK STATE DIVISION OF HOUSING AND COMMUNITY
RENEWAL. THE HOUSING AFFORDABILITY IMPACT NOTES SHALL BE PREPARED BY THE
DIVISION AND SUBMITTED TO THE AGENCY  PROPOSING  THE  RULE  WITHIN  FIVE
CALENDAR  DAYS,  EXCEPT WHERE, BECAUSE OF THE COMPLEXITY OF THE MEASURE,
ADDITIONAL TIME IS REQUIRED FOR THE PREPARATION OF THE HOUSING  AFFORDA-
BILITY IMPACT NOTE. IN SUCH CASE, THE DIVISION MAY INFORM THE AGENCY AND
THE AGENCY MAY APPROVE AN EXTENSION OF THE TIME WITHIN WHICH THE NOTE IS
TO BE SUBMITTED, NOT TO EXCEED, HOWEVER, MORE THAN THIRTY DAYS FOLLOWING
THE  DATE OF THE REQUEST. THE DIVISION MAY SEEK ASSISTANCE FROM A STATE-
WIDE TRADE ORGANIZATION REPRESENTING THE REAL ESTATE  OR  HOME  BUILDING
INDUSTRY  IN THE PREPARATION OF A HOUSING AFFORDABILITY IMPACT NOTE. IF,
IN THE OPINION OF THE DIVISION, THERE  IS  INSUFFICIENT  INFORMATION  TO
PREPARE  A  RELIABLE  ESTIMATE OF THE ANTICIPATED IMPACT, A STATEMENT TO

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

                                                           LBD01604-01-9

A. 10647                            2

THAT EFFECT CAN BE  FILED  AND  SHALL  MEET  THE  REQUIREMENTS  OF  THIS
SECTION.
  3. THE NOTE SHALL BE FACTUAL IN NATURE, AS BRIEF AND CONCISE AS POSSI-
BLE,  AND  SHALL  PROVIDE A REASONABLE ESTIMATE IN DOLLARS OF THE RULE'S
HOUSING IMPACT. IN ADDITION, IT SHALL INCLUDE BOTH THE IMMEDIATE  EFFECT
AND,  IF  DETERMINABLE OR REASONABLY FORESEEABLE, THE LONG RANGE EFFECTS
OF THE MEASURE. A HOUSING AFFORDABILITY IMPACT NOTE SHALL BE PREPARED ON
THE BASIS OF A SINGLE FAMILY RESIDENCE AND MAY INCLUDE AN ESTIMATE FOR A
LARGER DEVELOPMENT AS AN ANALYSIS OF THE LONG RANGE EFFECT OF A MEASURE.
IF, AFTER CAREFUL INVESTIGATION, IT IS DETERMINED THAT NO  DOLLAR  ESTI-
MATE  IS  POSSIBLE,  THE  NOTE  SHALL CONTAIN A STATEMENT TO THAT EFFECT
SETTING FORTH THE REASONS WHY NO DOLLAR ESTIMATE CAN BE GIVEN.  A  BRIEF
SUMMARY  OR  WORK  SHEET  OF  COMPUTATIONS  USED  IN ARRIVING AT HOUSING
AFFORDABILITY IMPACT NOTE FIGURES SHALL BE INCLUDED.
  4. NO COMMENT OR OPINION SHALL BE INCLUDED IN THE HOUSING AFFORDABILI-
TY IMPACT NOTE WITH REGARD TO THE MERITS OF THE MEASURE  FOR  WHICH  THE
HOUSING  AFFORDABILITY  IMPACT  NOTE  IS PREPARED; HOWEVER, TECHNICAL OR
MECHANICAL DEFECTS MAY BE NOTED.
  S 2. 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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Assembly Bill A10647

Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

multi-Sponsors

2009-A10647 (ACTIVE) - Details

2009-A10647 (ACTIVE) - Summary

2009-A10647 (ACTIVE) - Sponsor Memo

2009-A10647 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A10647

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Sponsored By

MONTESANO

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Andrew Raia

multi-Sponsors

Joseph Saladino

2009-A10647 (ACTIVE) - Details

2009-A10647 (ACTIVE) - Summary

2009-A10647 (ACTIVE) - Sponsor Memo

2009-A10647 (ACTIVE) - Bill Text download pdf

Comments