NY State Assembly Bill 2009-A8011

Archive: Last Bill Status - Signed by Governor

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 30, 2010	signed chap.433
Aug 18, 2010	delivered to governor
Jun 18, 2010	returned to assembly passed senate 3rd reading cal.1038 substituted for s5560b
Jun 16, 2010	referred to rules delivered to senate passed assembly
Jun 15, 2010	ordered to third reading rules cal.131 rules report cal.131 reported reported referred to rules
Jun 07, 2010	print number 8011b
Jun 07, 2010	amend and recommit to ways and means
May 12, 2010	print number 8011a
May 12, 2010	amend and recommit to ways and means
Apr 27, 2010	reported referred to ways and means
Jan 06, 2010	referred to environmental conservation
Jun 09, 2009	reported referred to ways and means
May 01, 2009	referred to environmental conservation

Votes

- Jun 18, 2010 - Floor Vote
  A8011
  
  Aye
  
  56
  
  Nay
  
  2
  
  Absent
  
  0
  
  Excused
  
  4
  
  Abstained
  
  0
  - - Floor Vote: Jun 18, 2010
      
      aye (56)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (2)
      
      Aubertine
      
      Johnson
      
      excused (4)
      
      Golden
      
      Morahan
      
      Oppenheimer
      
      Schneiderman

Bill Amendments

Original

B (Active)

co-Sponsors

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multi-Sponsors

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2009-A8011 - Details

Law Section:: Environmental Conservation Law

2009-A8011 - Summary

Establishes the "state smart growth public infrastructure policy act"; provides privity in public funding for projects which use, maintain or improve existing infrastructure and which protect and preserve natural resources; establishes state smart growth public infrastructure criteria; authorizes each state infrastructure agency to create a smart growth advisory committee.

2009-A8011 - Bill Text download pdf

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

                                  8011

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

Introduced  by  M.  of  A.  HOYT,  PAULIN,  CLARK, BRADLEY, ENGLEBRIGHT,
  FIELDS, CAHILL, PEOPLES, SCHROEDER,  MILLMAN,  COOK,  COLTON,  JAFFEE,
  KOON,  PERALTA -- Multi-Sponsored by -- M. of A. ALFANO, BARRA, CHRIS-
  TENSEN, CONTE,  ERRIGO,  GALEF,  GOTTFRIED,  GREENE,  JOHN,  KAVANAGH,
  LAVINE,  LIFTON, LUPARDO, MAGEE, MAGNARELLI, MARKEY, McDONOUGH, McENE-
  NY, MOLINARO, ROSENTHAL, SPANO, SWEENEY, THIELE, TOWNS, WALKER,  WEIS-
  ENBERG  --  read  once  and referred to the Committee on Environmental
  Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing a state smart growth public infrastructure policy act

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

  Section 1. The environmental conservation law is amended by  adding  a
new article 6 to read as follows:
                                ARTICLE 6
           STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY ACT

SECTION 6-0101. SHORT TITLE.
        6-0103. DEFINITIONS.
        6-0105. STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY.
        6-0107. STATE SMART GROWTH PUBLIC INFRASTRUCTURE CRITERIA.
        6-0109. SMART GROWTH ADVISORY COMMITTEES.
S 6-0101. SHORT TITLE.
  THIS  ARTICLE  SHALL  BE  KNOWN  AND  MAY BE CITED AS THE "STATE SMART
GROWTH PUBLIC INFRASTRUCTURE POLICY ACT".
S 6-0103. DEFINITIONS.
  AS USED IN THIS ARTICLE:
  1. "CRITERIA" SHALL MEAN THE STATE SMART GROWTH PUBLIC  INFRASTRUCTURE
CRITERIA PROVIDED IN SECTION 6-0107 OF THIS ARTICLE.
  2.  "STATE  INFRASTRUCTURE  AGENCY"  SHALL  MEAN  THE  DEPARTMENT, THE
DEPARTMENT OF TRANSPORTATION, THE DEPARTMENT OF EDUCATION,  THE  DEPART-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02860-03-9

A. 8011                             2

MENT OF HEALTH, THE NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION,
THE NEW YORK STATE HOUSING FINANCE AGENCY, THE HOUSING TRUST FUND CORPO-
RATION, THE DORMITORY AUTHORITY, THE THRUWAY AUTHORITY, THE PORT AUTHOR-
ITY  OF  NEW  YORK  AND  NEW JERSEY, THE EMPIRE STATE DEVELOPMENT CORPO-
RATION, THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION AND  ALL  OTHER
NEW  YORK AUTHORITIES.   ANY SUBSIDIARY OF, OR CORPORATION WITH THE SAME
MEMBERS OR DIRECTORS AS, A PUBLIC BENEFIT CORPORATION IDENTIFIED IN THIS
SUBDIVISION SHALL ALSO BE DEEMED TO BE WITHIN THE  DEFINITION  OF  STATE
INFRASTRUCTURE AGENCY UNDER THIS ARTICLE.
S 6-0105. STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY.
  IT IS THE PURPOSE OF THIS ARTICLE TO AUGMENT THE STATE'S ENVIRONMENTAL
POLICY  BY  DECLARING  A FISCALLY PRUDENT STATE POLICY OF MAXIMIZING THE
SOCIAL, ECONOMIC AND ENVIRONMENTAL BENEFITS FROM  PUBLIC  INFRASTRUCTURE
DEVELOPMENT  THROUGH  MINIMIZING UNNECESSARY COSTS OF SPRAWL DEVELOPMENT
INCLUDING ENVIRONMENTAL DEGRADATION, DISINVESTMENT IN URBAN AND SUBURBAN
COMMUNITIES AND LOSS OF OPEN SPACE INDUCED BY SPRAWL FACILITATED BY  THE
FUNDING  OR  DEVELOPMENT  OF  NEW  OR EXPANDED TRANSPORTATION, SEWER AND
WASTE WATER TREATMENT, WATER,  EDUCATION,  HOUSING  AND  OTHER  PUBLICLY
SUPPORTED  INFRASTRUCTURE  INCONSISTENT WITH SMART GROWTH PUBLIC INFRAS-
TRUCTURE CRITERIA.
S 6-0107. STATE SMART GROWTH PUBLIC INFRASTRUCTURE CRITERIA.
  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 UNLESS, TO  THE
FULLEST  EXTENT PRACTICABLE, IT IS CONSISTENT WITH THE RELEVANT CRITERIA
SPECIFIED IN SUBDIVISION TWO OF THIS SECTION.
  2. THE FOLLOWING ARE THE  STATE  SMART  GROWTH  PUBLIC  INFRASTRUCTURE
CRITERIA:
  A.  TO  GIVE  PRIORITY  TO  (I)  PROJECTS  FOR THE USE, MAINTENANCE OR
IMPROVEMENT OF EXISTING INFRASTRUCTURE AND (II) PROJECTS LOCATED  IN  OR
RELATED  TO  DEVELOPED  AREAS  OR  AREAS DESIGNATED FOR DEVELOPMENT IN A
MUNICIPALLY APPROVED COMPREHENSIVE LAND USE PLAN;
  B. TO PROTECT, PRESERVE AND ENHANCE THE STATE'S  RESOURCES,  INCLUDING
AGRICULTURAL LAND, FORESTS, SURFACE AND GROUNDWATER, AIR QUALITY, RECRE-
ATION AND OPEN SPACE, SCENIC AREAS, AND SIGNIFICANT HISTORIC AND ARCHEO-
LOGICAL RESOURCES;
  C.  TO  FOSTER MIXED LAND USES AND COMPACT DEVELOPMENT, DOWNTOWN REVI-
TALIZATION, BROWNFIELD  REDEVELOPMENT,  THE  ENHANCEMENT  OF  BEAUTY  IN
PUBLIC  SPACES,  THE DIVERSITY AND AFFORDABILITY OF HOUSING IN PROXIMITY
TO PLACES OF EMPLOYMENT, RECREATION AND COMMERCIAL DEVELOPMENT  AND  THE
INTEGRATION OF ALL INCOME AND AGE GROUPS;
  D.  TO  PROVIDE  MOBILITY  THROUGH  TRANSPORTATION  CHOICES  INCLUDING
IMPROVED PUBLIC TRANSPORTATION AND REDUCED AUTOMOBILE DEPENDENCY;
  E. TO COORDINATE BETWEEN STATE AND LOCAL GOVERNMENT AND INTERMUNICIPAL
AND REGIONAL PLANNING; AND
  F. TO PARTICIPATE IN COMMUNITY BASED PLANNING AND COLLABORATION.
  3. BEFORE MAKING ANY COMMITMENT INCLUDING ENTERING INTO  AN  AGREEMENT
OR  INCURRING  ANY INDEBTEDNESS FOR THE PURPOSE OF ACQUIRING, CONSTRUCT-
ING, OR FINANCING ANY PROJECT COVERED BY THE PROVISIONS OF THIS ARTICLE,
THE CHIEF EXECUTIVE OFFICER OF A STATE INFRASTRUCTURE AGENCY SHALL  SIGN
A  FINDING  THAT  THE  PROJECT,  TO  THE  FULLEST EXTENT PRACTICABLE, IS
CONSISTENT WITH  THE  RELEVANT  CRITERIA  IN  SUBDIVISION  TWO  OF  THIS
SECTION. IF IN ANY RESPECT THE PROJECT DOES NOT MEET ALL OF THE CRITERIA

A. 8011                             3

BECAUSE  CONSISTENCY  IS  CONSIDERED  TO  BE IMPRACTICABLE, SUCH FINDING
SHALL INCLUDE A STATEMENT OF JUSTIFICATION.
S 6-0109. SMART GROWTH ADVISORY COMMITTEES.
  THE  CHIEF EXECUTIVE OFFICER OF EACH STATE INFRASTRUCTURE AGENCY SHALL
CREATE A SMART GROWTH ADVISORY COMMITTEE TO ADVISE THE AGENCY  REGARDING
THE  AGENCIES'  POLICIES,  PROGRAMS  AND  PROJECTS  WITH REGARD TO THEIR
CONSISTENCY WITH THE STATE SMART GROWTH PUBLIC INFRASTRUCTURE  CRITERIA.
SUCH COMMITTEES SHALL CONSIST OF MEMBERS REPRESENTATIVE OF COMMUNITY AND
ENVIRONMENTAL  INTERESTS  AFFECTED  BY  THE  RESPECTIVE AGENCY AND OTHER
INTERESTS SERVED OR AFFECTED BY  THE  ACTIVITIES  OF  THE  AGENCY.  SUCH
COMMITTEES SHALL MEET NOT LESS THAN FOUR TIMES A YEAR AND A RECORD SHALL
BE MAINTAINED OF THEIR MEETINGS AND RECOMMENDATIONS GIVEN BY THE COMMIT-
TEES AND INDIVIDUALLY BY MEMBERS THEREOF.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that this act shall not  apply  to
infrastructure  projects  undertaken  or  approved by the infrastructure
agencies prior to the date on which this act shall have become a law.

co-Sponsors

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multi-Sponsors

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2009-A8011A - Details

Law Section:: Environmental Conservation Law

2009-A8011A - Summary

2009-A8011A - Sponsor Memo

                                BILL NUMBER:A8011A

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

PURPOSE  OR  GENERAL  IDEA  OF  BILL:    To provide for state funding of
infrastructure in a manner that is consistent with smart growth  princi-
ples.

SUMMARY  OF  SPECIFIC  PROVISIONS:    Section one of the bill adds a new
article six to the environmental conservation law establishing the State
Smart Growth Public Infrastructure Policy Act.  Section  6-0103  defines
smart growth criteria and "state infrastructure agencies," which include
the  Department  of Transportation, the Department of Education, the New
York State Housing Finance Agency, the Housing Trust  Fund  Corporation,
the  Environmental  Facilities Corporation, the Dormitory Authority, and
the New York State Urban Development Corporation. This act would require
these state infrastructure agencies (SIA) to fund  infrastructure  in  a
manner that is consistent with smart growth criteria.

Section  6-0107  stipulates  specific criteria for smart growth develop-
ment, such as that no SIA shall approve, undertake, support, or  finance
a  public  infrastructure project unless it meets the established crite-
ria. These agencies would advance funding to existing infrastructure and
projects that are consistent with local governments' plans for  develop-

ment.  The  remaining criteria address community based planning, coordi-
nation among state and local governments, the predictability in land use
codes and sustainability.  Subsection three of this section requires the
head of the SIA to confirm in a written Smart  Growth  Impact  statement
that  the  proposed  project  meets  the  smart growth criteria, or give
reasons as to why it does not meet the criteria.

The Act would also provide that these agencies establish a smart  growth
advisory  committee.  Each committee will consist of existing personnel,
designated by the chief operating officer of that agency to evaluate the
proposed or existing project according to the smart growth criteria.

These committees must solicit input and consult with representatives and
environmental interests of the affected community.

This act shall take effect 30 days from the date it shall become law:

JUSTIFICATION:   Sprawl is a problem that  has  exacerbated  New  York's
financial  crisis.    The extension of infrastructure to areas that have
traditionally been green fields have  caused  runaway  expenditures  and
economic costs.  This bill seeks to stop the bleeding by re-prioritizing
state infrastructure expenditures.

New  York State has a history of leading the way in protecting the envi-
ronment, encouraging economic activity and pursuing equity  for  all  of
its  citizens.  However,  state  infrastructure  funding  decisions have

supported settlement and land use patterns which  necessitate  expansive
and  expensive infrastructure resulting in new roadways, water supplies,
sewer treatment facilities, utilities and  other  public  facilities  at
great  cost  to  the  taxpayer and the ratepayer.   With this pattern of
dispersed development,  public  investment  in  existing  infrastructure
located  in  traditional  main  streets,  downtown areas and established
suburbs has been underutilized and those  areas  have  suffered  econom-
ically.

New  York  State needs to focus on smart spending that supports existing
infrastructure and development in areas  where  it  makes  economic  and
environmental  sense. This bill would require state infrastructure fund-
ing to be consistent with smart growth principles, with  priority  given
to  existing  infrastructure and projects that are consistent with local
governments' plans for development

PRIOR LEGISLATIVE HISTORY: 2008 -- A.7335 PASSED ASSEMBLY

FISCAL IMPLICATIONS:   Savings to the state  realized  through  priority
funding of infrastructure.

EFFECTIVE  DATE:   This act shall take effect on the thirtieth day after
it shall have become a law.

2009-A8011A - Bill Text download pdf

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

                                 8011--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

Introduced by M. of A. HOYT, PAULIN, CLARK, ENGLEBRIGHT, FIELDS, CAHILL,
  PEOPLES-STOKES,   SCHROEDER,  MILLMAN,  COOK,  COLTON,  JAFFEE,  KOON,
  STIRPE, SCHIMEL -- Multi-Sponsored by  --  M.  of  A.  ALFANO,  BARRA,
  CHRISTENSEN, CONTE, ERRIGO, GALEF, GOTTFRIED, JOHN, KAVANAGH, LATIMER,
  LAVINE,  LIFTON, LUPARDO, MAGEE, MAGNARELLI, MARKEY, McDONOUGH, McENE-
  NY, MOLINARO, ROSENTHAL, SPANO, SWEENEY, THIELE, TOWNS, WEISENBERG  --
  read  once and referred to the Committee on Environmental Conservation
  -- reported and referred to the Committee on Ways and Means -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  establishing a state smart growth public infrastructure policy act

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

  Section  1.  The environmental conservation law is amended by adding a
new article 6 to read as follows:
                                ARTICLE 6
           STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY ACT

SECTION 6-0101. SHORT TITLE.
        6-0103. DEFINITIONS.
        6-0105. STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY.
        6-0107. STATE SMART GROWTH PUBLIC INFRASTRUCTURE CRITERIA.
        6-0109. SMART GROWTH ADVISORY COMMITTEES.
S 6-0101. SHORT TITLE.
  THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS  THE  "STATE  SMART
GROWTH PUBLIC INFRASTRUCTURE POLICY ACT".
S 6-0103. DEFINITIONS.
  AS USED IN THIS ARTICLE:
  1.  "CRITERIA" SHALL MEAN THE STATE SMART GROWTH PUBLIC INFRASTRUCTURE
CRITERIA PROVIDED IN SECTION 6-0107 OF THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02860-09-0

A. 8011--A                          2

  2. "STATE  INFRASTRUCTURE  AGENCY"  SHALL  MEAN  THE  DEPARTMENT,  THE
DEPARTMENT  OF  TRANSPORTATION, THE DEPARTMENT OF EDUCATION, THE DEPART-
MENT OF HEALTH, THE NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION,
THE NEW YORK STATE HOUSING FINANCE AGENCY, THE HOUSING TRUST FUND CORPO-
RATION, THE DORMITORY AUTHORITY, THE THRUWAY AUTHORITY, THE PORT AUTHOR-
ITY  OF  NEW  YORK  AND  NEW JERSEY, THE EMPIRE STATE DEVELOPMENT CORPO-
RATION, THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION AND  ALL  OTHER
NEW  YORK AUTHORITIES.   ANY SUBSIDIARY OF, OR CORPORATION WITH THE SAME
MEMBERS OR DIRECTORS AS, A PUBLIC BENEFIT CORPORATION IDENTIFIED IN THIS
SUBDIVISION SHALL ALSO BE DEEMED TO BE WITHIN THE  DEFINITION  OF  STATE
INFRASTRUCTURE AGENCY UNDER THIS ARTICLE.
S 6-0105. STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY.
  IT IS THE PURPOSE OF THIS ARTICLE TO AUGMENT THE STATE'S ENVIRONMENTAL
POLICY  BY  DECLARING  A FISCALLY PRUDENT STATE POLICY OF MAXIMIZING THE
SOCIAL, ECONOMIC AND ENVIRONMENTAL BENEFITS FROM  PUBLIC  INFRASTRUCTURE
DEVELOPMENT  THROUGH  MINIMIZING UNNECESSARY COSTS OF SPRAWL DEVELOPMENT
INCLUDING ENVIRONMENTAL DEGRADATION, DISINVESTMENT IN URBAN AND SUBURBAN
COMMUNITIES AND LOSS OF OPEN SPACE INDUCED BY SPRAWL FACILITATED BY  THE
FUNDING  OR  DEVELOPMENT  OF  NEW  OR EXPANDED TRANSPORTATION, SEWER AND
WASTE WATER TREATMENT, WATER,  EDUCATION,  HOUSING  AND  OTHER  PUBLICLY
SUPPORTED  INFRASTRUCTURE  INCONSISTENT WITH SMART GROWTH PUBLIC INFRAS-
TRUCTURE CRITERIA.
S 6-0107. STATE SMART GROWTH PUBLIC INFRASTRUCTURE CRITERIA.
  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.
  2.  THE  FOLLOWING  ARE  THE  STATE SMART GROWTH PUBLIC INFRASTRUCTURE
CRITERIA:
  A. TO ADVANCE (I) PROJECTS FOR THE USE, MAINTENANCE OR IMPROVEMENT  OF
EXISTING  INFRASTRUCTURE  AND  (II)  PROJECTS  LOCATED  IN OR RELATED TO
DEVELOPED AREAS OR AREAS DESIGNATED FOR  DEVELOPMENT  IN  A  MUNICIPALLY
APPROVED COMPREHENSIVE LAND USE PLAN;
  B.  TO  PROTECT, PRESERVE AND ENHANCE THE STATE'S RESOURCES, INCLUDING
AGRICULTURAL LAND, FORESTS, SURFACE AND GROUNDWATER, AIR QUALITY, RECRE-
ATION AND OPEN SPACE, SCENIC AREAS, AND SIGNIFICANT HISTORIC AND ARCHEO-
LOGICAL RESOURCES;
  C. TO FOSTER MIXED LAND USES AND COMPACT DEVELOPMENT,  DOWNTOWN  REVI-
TALIZATION,  BROWNFIELD  REDEVELOPMENT,  THE  ENHANCEMENT  OF  BEAUTY IN
PUBLIC SPACES, THE DIVERSITY AND AFFORDABILITY OF HOUSING  IN  PROXIMITY
TO  PLACES  OF EMPLOYMENT, RECREATION AND COMMERCIAL DEVELOPMENT AND THE
INTEGRATION OF ALL INCOME AND AGE GROUPS;
  D.  TO  PROVIDE  MOBILITY  THROUGH  TRANSPORTATION  CHOICES  INCLUDING
IMPROVED PUBLIC TRANSPORTATION AND REDUCED AUTOMOBILE DEPENDENCY;
  E. TO COORDINATE BETWEEN STATE AND LOCAL GOVERNMENT AND INTERMUNICIPAL
AND REGIONAL PLANNING;
  F. TO PARTICIPATE IN COMMUNITY BASED PLANNING AND COLLABORATION;
  G. TO ENSURE PREDICTABILITY IN BUILDING AND LAND USE CODES; AND
  H.  TO  PROMOTE  SUSTAINABILITY BY STRENGTHENING EXISTING AND CREATING
NEW COMMUNITIES WHICH REDUCE GREENHOUSE GAS EMISSIONS AND DO NOT COMPRO-
MISE THE NEEDS OF FUTURE GENERATIONS, BY AMONG OTHER  MEANS  ENCOURAGING
BROAD BASED PUBLIC INVOLVEMENT IN DEVELOPING AND IMPLEMENTING A COMMUNI-

A. 8011--A                          3

TY PLAN AND ENSURING THE GOVERNANCE STRUCTURE IS ADEQUATE TO SUSTAIN ITS
IMPLEMENTATION.
  3.  BEFORE MAKING ANY COMMITMENT, INCLUDING ENTERING INTO AN AGREEMENT
OR INCURRING ANY INDEBTEDNESS FOR THE PURPOSE OF  ACQUIRING,  CONSTRUCT-
ING, OR FINANCING ANY PROJECT COVERED BY THE PROVISIONS OF THIS ARTICLE,
THE  CHIEF  EXECUTIVE  OFFICER  OF  A  STATE INFRASTRUCTURE AGENCY SHALL
ATTEST IN A WRITTEN SMART GROWTH IMPACT STATEMENT THAT THE  PROJECT,  TO
THE  EXTENT PRACTICABLE, MEETS THE RELEVANT CRITERIA SET FORTH IN SUBDI-
VISION TWO OF THIS SECTION, UNLESS IN ANY RESPECT THE PROJECT  DOES  NOT
MEET  SUCH  CRITERIA  OR  COMPLIANCE  IS CONSIDERED TO BE IMPRACTICABLE,
WHICH SHALL BE DETAILED IN A STATEMENT OF JUSTIFICATION.
S 6-0109. SMART GROWTH ADVISORY COMMITTEES.
  THE CHIEF EXECUTIVE OFFICER OF EACH STATE INFRASTRUCTURE AGENCY  SHALL
CREATE  A SMART GROWTH ADVISORY COMMITTEE TO ADVISE THE AGENCY REGARDING
THE AGENCIES' POLICIES, PROGRAMS  AND  PROJECTS  WITH  REGARD  TO  THEIR
COMPLIANCE  WITH  THE STATE SMART GROWTH PUBLIC INFRASTRUCTURE CRITERIA.
SUCH COMMITTEES SHALL CONSIST OF APPROPRIATE AGENCY PERSONNEL DESIGNATED
BY THE CHIEF EXECUTIVE OFFICER TO CONDUCT  THE  EVALUATION  REQUIRED  BY
SECTION 6-0107 OF THIS ARTICLE. SUCH COMMITTEES SHALL SOLICIT INPUT FROM
AND  CONSULT  WITH  VARIOUS  REPRESENTATIVES OF AFFECTED COMMUNITIES AND
ORGANIZATIONS WITHIN THOSE COMMUNITIES, AND SHALL GIVE CONSIDERATION  TO
THE  LOCAL AND ENVIRONMENTAL INTERESTS AFFECTED BY THE ACTIVITIES OF THE
AGENCY OR PROJECTS PLANNED, APPROVED OR FINANCED THROUGH SUCH AGENCY.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have  become  a law; provided, however, that this act shall not apply to
infrastructure projects undertaken or  approved  by  the  infrastructure
agencies prior to the date on which this act shall have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A8011B (ACTIVE) - Details

Law Section:: Environmental Conservation Law

2009-A8011B (ACTIVE) - Summary

2009-A8011B (ACTIVE) - Bill Text download pdf

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

                                 8011--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

Introduced by M. of A. HOYT, PAULIN, CLARK, ENGLEBRIGHT, FIELDS, CAHILL,
  PEOPLES-STOKES,   SCHROEDER,  MILLMAN,  COOK,  COLTON,  JAFFEE,  KOON,
  STIRPE, SCHIMEL, GANTT -- Multi-Sponsored by -- M. of A. ALFANO, BALL,
  BARRA, CHRISTENSEN, CONTE, ERRIGO, GALEF, GOTTFRIED,  JOHN,  KAVANAGH,
  LATIMER,  LAVINE,  LIFTON,  LUPARDO,  MAGEE, MAGNARELLI, MARKEY, McDO-
  NOUGH, McENENY, MOLINARO, ROSENTHAL, SPANO,  SWEENEY,  THIELE,  TOWNS,
  WEISENBERG -- read once and referred to the Committee on Environmental
  Conservation  --  reported  and  referred to the Committee on Ways and
  Means -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  establishing a state smart growth public infrastructure policy act

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

  Section  1.  The environmental conservation law is amended by adding a
new article 6 to read as follows:
                                ARTICLE 6
           STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY ACT

SECTION 6-0101. SHORT TITLE.
        6-0103. DEFINITIONS.
        6-0105. STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY.
        6-0107. STATE SMART GROWTH PUBLIC INFRASTRUCTURE CRITERIA.
        6-0109. SMART GROWTH ADVISORY COMMITTEES.
        6-0111. PRIVATE RIGHT OF ACTION.
S 6-0101. SHORT TITLE.
  THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS  THE  "STATE  SMART
GROWTH PUBLIC INFRASTRUCTURE POLICY ACT".
S 6-0103. DEFINITIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02860-14-0

A. 8011--B                          2

  AS USED IN THIS ARTICLE:
  1.  "CRITERIA" SHALL MEAN THE STATE SMART GROWTH PUBLIC INFRASTRUCTURE
CRITERIA PROVIDED IN SECTION 6-0107 OF THIS ARTICLE.
  2. "STATE  INFRASTRUCTURE  AGENCY"  SHALL  MEAN  THE  DEPARTMENT,  THE
DEPARTMENT  OF  TRANSPORTATION, THE DEPARTMENT OF EDUCATION, THE DEPART-
MENT OF HEALTH, THE DEPARTMENT OF STATE, THE  NEW  YORK  STATE  ENVIRON-
MENTAL  FACILITIES CORPORATION, THE NEW YORK STATE HOUSING FINANCE AGEN-
CY, THE HOUSING TRUST FUND CORPORATION,  THE  DORMITORY  AUTHORITY,  THE
THRUWAY  AUTHORITY,  THE  PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE
EMPIRE STATE DEVELOPMENT CORPORATION, THE NEW YORK STATE URBAN  DEVELOP-
MENT CORPORATION AND ALL OTHER NEW YORK AUTHORITIES.  ANY SUBSIDIARY OF,
OR  CORPORATION  WITH THE SAME MEMBERS OR DIRECTORS AS, A PUBLIC BENEFIT
CORPORATION IDENTIFIED IN THIS SUBDIVISION SHALL ALSO BE  DEEMED  TO  BE
WITHIN THE DEFINITION OF STATE INFRASTRUCTURE AGENCY UNDER THIS ARTICLE.
  3.    "MUNICIPAL  CENTERS"  SHALL MEAN AREAS OF CONCENTRATED AND MIXED
LAND USES THAT SERVE AS CENTERS FOR VARIOUS ACTIVITIES,  INCLUDING,  BUT
NOT  LIMITED  TO,  CENTRAL  BUSINESS  DISTRICTS,  MAIN STREETS, DOWNTOWN
AREAS, BROWNFIELD OPPORTUNITY AREAS, DOWNTOWN AREAS OF LOCAL  WATERFRONT
REVITALIZATION  PROGRAM  AREAS,  TRANSIT-ORIENTED  DEVELOPMENT, ENVIRON-
MENTAL JUSTICE AREAS, AND HARDSHIP AREAS. MUNICIPAL CENTERS  SHALL  ALSO
INCLUDE:  AREAS ADJACENT TO MUNICIPAL CENTERS, AS DEFINED IN THIS SUBDI-
VISION, WHICH HAVE CLEARLY DEFINED BORDERS, ARE DESIGNATED  FOR  CONCEN-
TRATED  DEVELOPMENT  IN THE FUTURE IN A MUNICIPAL OR REGIONAL COMPREHEN-
SIVE PLAN, AND EXHIBIT STRONG LAND USE,  TRANSPORTATION,  INFRASTRUCTURE
AND  ECONOMIC CONNECTIONS TO A MUNICIPAL CENTER; AND AREAS DESIGNATED IN
A MUNICIPAL OR COMPREHENSIVE PLAN, AND APPROPRIATELY ZONED IN A  MUNICI-
PAL ZONING ORDINANCE, AS A FUTURE MUNICIPAL CENTER.
S 6-0105. STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY.
  IT IS THE PURPOSE OF THIS ARTICLE TO AUGMENT THE STATE'S ENVIRONMENTAL
POLICY  BY  DECLARING  A FISCALLY PRUDENT STATE POLICY OF MAXIMIZING THE
SOCIAL, ECONOMIC AND ENVIRONMENTAL BENEFITS FROM  PUBLIC  INFRASTRUCTURE
DEVELOPMENT  THROUGH  MINIMIZING UNNECESSARY COSTS OF SPRAWL DEVELOPMENT
INCLUDING ENVIRONMENTAL DEGRADATION, DISINVESTMENT IN URBAN AND SUBURBAN
COMMUNITIES AND LOSS OF OPEN SPACE INDUCED BY SPRAWL FACILITATED BY  THE
FUNDING  OR  DEVELOPMENT  OF  NEW  OR EXPANDED TRANSPORTATION, SEWER AND
WASTE WATER TREATMENT, WATER,  EDUCATION,  HOUSING  AND  OTHER  PUBLICLY
SUPPORTED  INFRASTRUCTURE  INCONSISTENT WITH SMART GROWTH PUBLIC INFRAS-
TRUCTURE CRITERIA.
S 6-0107. STATE SMART GROWTH PUBLIC INFRASTRUCTURE CRITERIA.
  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.
  2.  THE  FOLLOWING  ARE  THE  STATE SMART GROWTH PUBLIC INFRASTRUCTURE
CRITERIA:
  A. TO ADVANCE PROJECTS FOR THE  USE,  MAINTENANCE  OR  IMPROVEMENT  OF
EXISTING INFRASTRUCTURE;
  B. TO ADVANCE PROJECTS LOCATED IN MUNICIPAL CENTERS;
  C.    TO  ADVANCE  PROJECTS IN DEVELOPED AREAS OR AREAS DESIGNATED FOR
CONCENTRATED INFILL DEVELOPMENT IN A MUNICIPALLY APPROVED  COMPREHENSIVE
LAND  USE  PLAN,  LOCAL WATERFRONT REVITALIZATION PLAN AND/OR BROWNFIELD
OPPORTUNITY AREA PLAN;

A. 8011--B                          3

  D. TO PROTECT, PRESERVE AND ENHANCE THE STATE'S  RESOURCES,  INCLUDING
AGRICULTURAL LAND, FORESTS, SURFACE AND GROUNDWATER, AIR QUALITY, RECRE-
ATION AND OPEN SPACE, SCENIC AREAS, AND SIGNIFICANT HISTORIC AND ARCHEO-
LOGICAL RESOURCES;
  E.  TO  FOSTER MIXED LAND USES AND COMPACT DEVELOPMENT, DOWNTOWN REVI-
TALIZATION, BROWNFIELD  REDEVELOPMENT,  THE  ENHANCEMENT  OF  BEAUTY  IN
PUBLIC  SPACES,  THE DIVERSITY AND AFFORDABILITY OF HOUSING IN PROXIMITY
TO PLACES OF EMPLOYMENT, RECREATION AND COMMERCIAL DEVELOPMENT  AND  THE
INTEGRATION OF ALL INCOME AND AGE GROUPS;
  F.  TO  PROVIDE  MOBILITY  THROUGH  TRANSPORTATION  CHOICES  INCLUDING
IMPROVED PUBLIC TRANSPORTATION AND REDUCED AUTOMOBILE DEPENDENCY;
  G. TO COORDINATE BETWEEN STATE AND LOCAL GOVERNMENT AND INTERMUNICIPAL
AND REGIONAL PLANNING;
  H. TO PARTICIPATE IN COMMUNITY BASED PLANNING AND COLLABORATION;
  I. TO ENSURE PREDICTABILITY IN BUILDING AND LAND USE CODES; AND
  J. TO PROMOTE SUSTAINABILITY BY STRENGTHENING  EXISTING  AND  CREATING
NEW COMMUNITIES WHICH REDUCE GREENHOUSE GAS EMISSIONS AND DO NOT COMPRO-
MISE  THE  NEEDS OF FUTURE GENERATIONS, BY AMONG OTHER MEANS ENCOURAGING
BROAD BASED PUBLIC INVOLVEMENT IN DEVELOPING AND IMPLEMENTING A COMMUNI-
TY PLAN AND ENSURING THE GOVERNANCE STRUCTURE IS ADEQUATE TO SUSTAIN ITS
IMPLEMENTATION.
  3. BEFORE MAKING ANY COMMITMENT, INCLUDING ENTERING INTO AN  AGREEMENT
OR  INCURRING  ANY INDEBTEDNESS FOR THE PURPOSE OF ACQUIRING, CONSTRUCT-
ING, OR FINANCING ANY PROJECT COVERED BY THE PROVISIONS OF THIS ARTICLE,
THE CHIEF EXECUTIVE OFFICER  OF  A  STATE  INFRASTRUCTURE  AGENCY  SHALL
ATTEST  IN  A WRITTEN SMART GROWTH IMPACT STATEMENT THAT THE PROJECT, TO
THE EXTENT PRACTICABLE, MEETS THE RELEVANT CRITERIA SET FORTH IN  SUBDI-
VISION  TWO  OF THIS SECTION, UNLESS IN ANY RESPECT THE PROJECT DOES NOT
MEET SUCH CRITERIA OR COMPLIANCE  IS  CONSIDERED  TO  BE  IMPRACTICABLE,
WHICH SHALL BE DETAILED IN A STATEMENT OF JUSTIFICATION.
  4.  NOTHING IN THIS SECTION SHALL CONTRAVENE ANY FEDERAL LAW GOVERNING
THE EXPENDITURE OF DISBURSEMENT OF FEDERAL INFRASTRUCTURE FUNDING ADMIN-
ISTERED BY THE STATE.
S 6-0109. SMART GROWTH ADVISORY COMMITTEES.
  THE CHIEF EXECUTIVE OFFICER OF EACH STATE INFRASTRUCTURE AGENCY  SHALL
CREATE  A SMART GROWTH ADVISORY COMMITTEE TO ADVISE THE AGENCY REGARDING
THE AGENCIES' POLICIES, PROGRAMS  AND  PROJECTS  WITH  REGARD  TO  THEIR
COMPLIANCE  WITH  THE STATE SMART GROWTH PUBLIC INFRASTRUCTURE CRITERIA.
SUCH COMMITTEES SHALL CONSIST OF APPROPRIATE AGENCY PERSONNEL DESIGNATED
BY THE CHIEF EXECUTIVE OFFICER TO CONDUCT  THE  EVALUATION  REQUIRED  BY
SECTION 6-0107 OF THIS ARTICLE. SUCH COMMITTEES SHALL SOLICIT INPUT FROM
AND  CONSULT  WITH  VARIOUS  REPRESENTATIVES OF AFFECTED COMMUNITIES AND
ORGANIZATIONS WITHIN THOSE COMMUNITIES, AND SHALL GIVE CONSIDERATION  TO
THE  LOCAL AND ENVIRONMENTAL INTERESTS AFFECTED BY THE ACTIVITIES OF THE
AGENCY OR PROJECTS PLANNED, APPROVED OR FINANCED THROUGH SUCH AGENCY.
S 6-0111. PRIVATE RIGHT OF ACTION.
  NOTHING CONTAINED IN THIS ARTICLE OR IN THE ADMINISTRATION OR APPLICA-
TION HEREOF SHALL BE CONSTRUED TO CREATE ANY PRIVATE RIGHT OF ACTION  ON
THE  PART  OF  ANY  PERSON, FIRM OR CORPORATION AGAINST THE STATE OF NEW
YORK OR ANY STATE INFRASTRUCTURE AGENCY AS DEFINED IN SUBDIVISION TWO OF
SECTION 6-0103 OF THIS ARTICLE.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have  become  a law; provided, however, that this act shall not apply to
infrastructure projects undertaken or  approved  by  the  infrastructure
agencies prior to the date on which this act shall have become a law.

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Assembly Bill A8011

Signed By Governor

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Jun 18, 2010 - Floor Vote

Floor Vote: Jun 18, 2010

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2009-A8011 - Details

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Assembly Bill A8011

Signed By Governor

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Sponsored By

HOYT

Archive: Last Bill Status - Signed by Governor

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Bill Amendments

co-Sponsors

Amy Paulin

Barbara Clark

Steven Englebright

Ginny Fields

multi-Sponsors

Thomas Alfano

Robert Barra

Joan Christensen

James Conte

2009-A8011 - Details

2009-A8011 - Summary

2009-A8011 - Bill Text download pdf

co-Sponsors

Amy Paulin

Barbara Clark

Steven Englebright

Ginny Fields

multi-Sponsors

Thomas Alfano

Greg Ball

Robert Barra

Joan Christensen

2009-A8011A - Details

2009-A8011A - Summary

2009-A8011A - Sponsor Memo

2009-A8011A - Bill Text download pdf

co-Sponsors

Amy Paulin

Barbara Clark

Steven Englebright

Ginny Fields

multi-Sponsors

Thomas Alfano

Greg Ball

Robert Barra

Robert Castelli