S T A T E O F N E W Y O R K
________________________________________________________________________
5560--B
2009-2010 Regular Sessions
I N S E N A T E
May 15, 2009
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Introduced by Sens. OPPENHEIMER, MONTGOMERY, DUANE, KLEIN, KRUEGER,
MARCELLINO -- read twice and ordered printed, and when printed to be
committed to the Committee on Environmental Conservation -- recommit-
ted to the Committee on Environmental Conservation in accordance with
Senate Rule 6, sec. 8 -- reported favorably from said committee and
committed to the Committee on Finance -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted 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.
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.
LBD02860-13-0
S. 5560--B 2
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;
D. TO PROTECT, PRESERVE AND ENHANCE THE STATE'S RESOURCES, INCLUDING
AGRICULTURAL LAND, FORESTS, SURFACE AND GROUNDWATER, AIR QUALITY, RECRE-
S. 5560--B 3
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.
