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

                                  4502

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced by M. of A. ESPAILLAT, PERALTA -- Multi-Sponsored by -- M. of
  A.  BOYLAND,  DIAZ, GOTTFRIED, HOOPER -- read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  adding  affordable  housing  to  the  definition  of "environment" for
  purposes of environmental quality reviews

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

  Section  1.  Legislative  intent.    The  legislature hereby finds and
declares that a significant number of residents of the state are  living
in  substandard  housing  and that there exists a shortage of housing at
reasonable costs for various  income  levels.  A  recent  housing  needs
survey undertaken at the request of the division of housing and communi-
ty  renewal indicated that the number of new construction or substantial
rehabilitation units needed  statewide  approaches  four  hundred  forty
thousand.  It  is  further  found that existing federal, state and local
housing programs are not meeting the housing needs of the  residents  of
the state of New York. It is further found that the critical shortage of
housing demands that the state and local governments become sensitive to
the  impacts  which rezonings and other governmental actions have on the
availability of affordable housing. To assure that an adequate supply of
safe and affordable housing exists for all citizens of the state of  New
York,  it  is a necessary part of the state environmental quality review
(SEQR) process to examine the impact of a  governmental  action  on  the
availability of affordable housing.
  S 2. Subdivision 6 of section 8-0105 of the environmental conservation
law,  as  amended by chapter 228 of the laws of 1976, is amended to read
as follows:
   6. "Environment" means the physical conditions which will be affected
by a proposed action,  including  land,  air,  water,  minerals,  flora,
fauna,  noise,  objects  of historic or aesthetic significance, existing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07775-01-9
              

A. 4502                             2

patterns of population concentration,  distribution,  or  growth,  [and]
existing  community  or neighborhood character, AND NEW HOUSING OPPORTU-
NITIES AND AFFORDABILITY.
  S 3. This act shall take effect immediately.