Assembly Bill A5718

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

                                  5718

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 19, 2009
                               ___________

Introduced  by  M. of A. BRODSKY, HOYT -- Multi-Sponsored by -- M. of A.
  JOHN -- read once and referred to the Committee on Local Governments

AN ACT to amend the general municipal law, the public  health  law,  the
  environmental  conservation  law,  the public authorities law, and the
  agriculture and markets law, in relation to  enacting  the  "New  York
  state smart growth compact act"

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

  Section 1. Legislative findings and declarations. It is  hereby  found
and declared that:
  Land  use  decisions  impact  and  are impacted by planning and zoning
decisions made by cities, towns, and villages within their  borders,  by
such  decisions  made  by  municipalities  outside their borders, and by
county, regional, and state policies and actions.   Coordination  within
the complex web of local, regional, and state jurisdictions is essential
if  the  state  is to maintain its economic competitiveness and environ-
mental quality.  In order to facilitate coordinated urban  and  regional
planning  and public investments, in a cooperative and consensual manner
consistent with existing home rule powers and the allocation  of  juris-
dictions,    and  to  foster  smart  growth, a compact process should be
established as hereinafter provided.
  S 2. Short title. This act shall be known and may be cited as the "New
York state smart growth compact act".
  S 3. The general municipal law is amended by adding a new article 20-A
to read as follows:
                               ARTICLE 20-A
                   NEW YORK STATE SMART GROWTH COMPACT
SECTION 1050. DEFINITIONS.
        1050-A. DESIGNATIONS OF SMART GROWTH COMPACT AREAS.
        1050-B. SMART GROWTH COMPACT COUNCIL.
        1050-C. SMART GROWTH COMPACT PLAN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08949-01-9
              

A. 5718                             2

        1050-D. IMPLEMENTATION OF SMART GROWTH COMPACT PLAN.
        1050-E. STATE CONSISTENCY AND INCENTIVES.
        1050-F. INDEMNITY.
        1050-G. GOVERNOR REPORTS.
  S 1050. DEFINITIONS.  AS USED IN THIS ARTICLE, THE TERM:
  1.  "SMART  GROWTH  COMPACT PLAN", "COMPACT PLAN", OR "PLAN" MEANS THE
PLAN PREPARED PURSUANT TO SECTION TWO THOUSAND FIFTY-THREE OF THIS ARTI-
CLE.
  2. "SMART GROWTH COMPACT COUNCIL",  "COMPACT  COUNCIL",  OR  "COUNCIL"
MEANS  A COUNCIL ESTABLISHED PURSUANT TO SECTION ONE THOUSAND FIFTY-B OF
THIS ARTICLE.
  3. "DESIGNATED SMART GROWTH COMPACT AREA", "COMPACT AREA",  OR  "AREA"
MEANS  A REGION DESIGNATED IN SECTION ONE THOUSAND FIFTY-A OF THIS ARTI-
CLE.
  4. "PARTICIPATING COMMUNITY" MEANS A COUNTY, CITY, TOWN, OR VILLAGE IN
A DESIGNATED AREA WITH A CERTIFIED COMPACT PLAN AND, IN THE  CASE  OF  A
CITY, TOWN, OR VILLAGE, APPROVED IMPLEMENTING LAND USE REGULATIONS.
  5.  "LAND USE REGULATION" MEANS AN ORDINANCE OR LOCAL LAW ENACTED BY A
LOCAL GOVERNMENT FOR THE REGULATION OF ANY ASPECT OF LAND USE AND COMMU-
NITY  RESOURCE  PROTECTION AND INCLUDES ANY ZONING, SUBDIVISION, SPECIAL
USE PERMIT, OR SITE  PLAN  REGULATION  OR  ANY  OTHER  REGULATION  WHICH
PRESCRIBES  THE  APPROPRIATE USE OF PROPERTY OR THE SCALE, LOCATION, AND
INTENSITY OF DEVELOPMENT.
  S 1050-A.  DESIGNATIONS OF SMART GROWTH COMPACT AREAS.   SMART  GROWTH
COMPACT  AREAS  SHALL  BE  GEOGRAPHIC REGIONS OR AREAS BASED ON ENVIRON-
MENTAL, ECONOMIC, AND SOCIAL FACTORS. A COMPACT  AREA  MUST  INCLUDE  AT
LEAST TWO MUNICIPALITIES.
  S 1050-B. SMART GROWTH COMPACT COUNCIL.  1.  FOR EACH DESIGNATED SMART
GROWTH  COMPACT  AREA, A COMPACT COUNCIL SHALL BE ESTABLISHED TO CONSIST
OF THE FOLLOWING VOTING MEMBERS:  THE MAYOR, SUPERVISOR,  COUNTY  EXECU-
TIVE, OR OTHER CHIEF EXECUTIVE OFFICER FROM EACH COUNTY, CITY, TOWN, AND
VILLAGE  LOCATED  IN WHOLE OR IN PART WITHIN THE BOUNDARY OF THE COMPACT
AREA.  EACH EX-OFFICIO MEMBER MAY APPOINT A  DESIGNATED  REPRESENTATIVE,
BY  OFFICIAL  AUTHORITY  FILED  WITH THE COUNCIL, TO EXERCISE HIS OR HER
POWERS AND PERFORM HIS OR HER DUTIES, INCLUDING THE RIGHT  TO  VOTE,  ON
THE  COUNCIL. THE COUNCIL SHALL ELECT ONE OF ITS MEMBERS AS CHAIRPERSON.
A MAJORITY CONSTITUTES A QUORUM FOR THE TRANSACTION OF ANY  BUSINESS  OR
THE  EXERCISE  OF  ANY  POWER OR FUNCTION OF THE COUNCIL. AN AFFIRMATIVE
VOTE OF A MAJORITY IS REQUIRED TO PASS A RESOLUTION OR  OTHERWISE  EXER-
CISE  ANY FUNCTIONS OR POWERS OF THE COUNCIL, EXCEPT THE ADOPTION OF THE
SMART GROWTH COMPACT PLAN, WHICH REQUIRES A UNANIMOUS VOTE OF THE  COUN-
CIL.
  2.  A COUNCIL SHALL HOLD ITS INITIAL MEETING WITHIN THIRTY DAYS OF THE
CERTIFICATION OF THE REVISED SMART GROWTH COMPACT PLAN AND FINAL GENERIC
ENVIRONMENTAL IMPACT STATEMENT PURSUANT TO SUBDIVISION FIVE  OF  SECTION
ONE  THOUSAND  FIFTY-C  OF THIS ARTICLE DESIGNATING THE COMPACT AREA FOR
WHICH THE COUNCIL WAS ESTABLISHED.
  3. EVERY STATE AGENCY AND PUBLIC CORPORATION  HAVING  JURISDICTION  OF
LAND, WATER, HOUSING, ECONOMIC DEVELOPMENT, TRANSPORTATION, PARKS, OTHER
PUBLIC FACILITIES OR INFRASTRUCTURE WITHIN THE COMPACT AREA, OR PROGRAMS
RELATING TO THE PURPOSES AND GOALS OF THIS ARTICLE SHALL, TO THE FULLEST
EXTENT  PRACTICABLE,  OFFER FULL COOPERATION AND ASSISTANCE TO A COUNCIL
IN CARRYING OUT THE PROVISIONS OF THIS ARTICLE.
  4. EVERY LOCAL OR  REGIONAL  AGENCY  WITH  ACTIVITIES  RELATING  TO  A
COMPACT  AREA  MAY  OFFER  ASSISTANCE TO ITS COUNCIL IN CARRYING OUT THE
PROVISIONS OF THIS ARTICLE.

A. 5718                             3

  5. EACH COUNCIL SHALL HAVE THE POWER:
  (A) TO PREPARE, ADOPT, ENFORCE, AND ENSURE IMPLEMENTATION OF THE SMART
GROWTH COMPACT PLAN, WITH THE ADVICE OF THE ADVISORY COMMITTEE;
  (B) TO SUE AND BE SUED;
  (C)  TO MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY
OR CONVENIENT FOR THE EXERCISE OF ITS POWERS AND  FUNCTIONS  UNDER  THIS
ARTICLE;
  (D)  TO ESTABLISH AND MAINTAIN SUCH FACILITIES AS MAY BE NECESSARY FOR
THE TRANSACTING OF ITS BUSINESS;
  (E) TO APPOINT AN EXECUTIVE OFFICER, OFFICERS, AGENTS, EMPLOYEES,  AND
PRESCRIBE THEIR DUTIES AND QUALIFICATIONS AND FIX THEIR COMPENSATION;
  (F)  TO  UTILIZE,  TO THE EXTENT FEASIBLE, THE STAFF AND FACILITIES OF
EXISTING STATE AND COUNTY AGENCIES, PURSUANT TO AN AGREEMENT TO BE  MADE
BY THE STATE OR BY THE APPROPRIATE COUNTY;
  (G)  TO  HOLD  HEARINGS  IN THE EXERCISE OF ITS POWERS, FUNCTIONS, AND
DUTIES PROVIDED FOR BY THIS ARTICLE;
  (H) TO CONTRACT FOR PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
  (I) TO CONTRACT FOR AND TO ACCEPT ANY ASSISTANCE,  INCLUDING  BUT  NOT
LIMITED  TO  GIFTS,  GRANTS,  OR  LOANS OF FUNDS OR OF PROPERTY FROM THE
FEDERAL GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY THEREOF, OR FROM ANY
AGENCY OR INSTRUMENTALITY OF THE STATE, OR  FROM  ANY  OTHER  PUBLIC  OR
PRIVATE SOURCE AND TO COMPLY, SUBJECT TO THE PROVISIONS OF THIS ARTICLE,
WITH THE TERMS AND CONDITIONS THEREOF;
  (J)  TO  PROVIDE SCIENTIFIC AND TECHNICAL ASSISTANCE OR TO MAKE GRANTS
TO MUNICIPALITIES IN THE COMPACT AREA FOR REVISIONS OF LOCAL  COMPREHEN-
SIVE  PLANS  OR THE RELEVANT LAND USE REGULATIONS DESIGNED TO BRING SUCH
PLANS AND LAND USE REGULATIONS INTO CONFORMANCE WITH  THE  COMPACT  PLAN
PREPARED  AND  ADOPTED  BY THE COUNCIL. THE COUNCIL MAY MAKE SUCH GRANTS
FROM ANY FUNDS WHICH MAY BE APPROPRIATED OR OTHERWISE MADE AVAILABLE  TO
IT FOR SUCH PURPOSE;
  (K) TO ESTABLISH AND MAINTAIN AN EDUCATION AND OUTREACH PROGRAM RELAT-
ING TO THE COUNCIL'S WORK;
  (L) TO CONVENE CONFERENCES, SEMINARS, MEETINGS, AND TECHNICAL SESSIONS
ON  ITS  OWN  OR  IN  COORDINATION WITH FEDERAL, STATE, COUNTY, TOWN, OR
PRIVATE ORGANIZATIONS AS DEEMED NECESSARY RELATIVE TO  ITS  RESPONSIBIL-
ITIES;
  (M) TO HAVE AND EXERCISE SUCH OTHER INCIDENTAL AND USUAL POWERS AS ARE
NECESSARY AND APPROPRIATE TO CARRY OUT ITS DUTIES.
  6. EACH COUNCIL SHALL APPOINT AN ADVISORY COMMITTEE TO ACTIVELY ADVISE
AND  ASSIST  THE  COUNCIL  IN  THE  PREPARATION  AND IMPLEMENTATION OF A
COMPACT PLAN. EACH ADVISORY COMMITTEE SHALL CONSIST  OF  NOT  LESS  THAN
NINE MEMBERS NOR MORE THAN TWENTY-ONE MEMBERS AND SHALL INCLUDE, BUT NOT
BE  LIMITED TO, PERSONS REPRESENTATIVE OF ENVIRONMENTAL, ECONOMIC DEVEL-
OPMENT AND REAL ESTATE, MINORITY, AND HOUSING INTERESTS.  EACH  ADVISORY
COMMITTEE,  BY  A  MAJORITY VOTE SHALL ELECT A CHAIRPERSON. EACH COUNCIL
SHALL MEET PERIODICALLY WITH, ITS  ADVISORY  COMMITTEE,  MAKE  AVAILABLE
WORKING  DRAFT  AND  OTHER DOCUMENTS, AND SHALL PROVIDE SUCH SERVICES TO
ITS ADVISORY COMMITTEE AS ARE NECESSARY AND APPROPRIATE TO CARRY OUT ITS
FUNCTIONS UNDER THIS ARTICLE.
  S 1050-C. SMART GROWTH COMPACT PLAN. 1. WITHIN FIFTEEN MONTHS  OF  ITS
FIRST  MEETING,  A COUNCIL SHALL PREPARE OR CAUSE TO BE PREPARED A DRAFT
SMART GROWTH COMPACT PLAN FOR ITS DESIGNATED COMPACT AREA.
  2. EACH SMART  GROWTH  COMPACT  PLAN  SHALL  MEET  THE  STANDARDS  AND
REQUIREMENTS  OF  A SMART GROWTH COMPACT PLAN PURSUANT TO THE PROVISIONS
OF SECTION ONE THOUSAND THREE OF THIS CHAPTER.

A. 5718                             4

  3. IN ADDITION TO THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION,
PERSONS ENGAGED IN PREPARATION OF A  SMART  GROWTH  COMPACT  PLAN  SHALL
CONSIDER  AVAILABLE  PLANNING  STUDIES  AND  REPORTS,  INCLUDING BUT NOT
LIMITED TO:
  (A) POPULATION AND POPULATION DISTRIBUTION;
  (B)  AMOUNT, TYPE, INTENSITY, AND GENERAL LOCATION OF COMMERCE, INDUS-
TRY, AND AGRICULTURAL PRODUCTION;
  (C) AMOUNT, TYPE, QUALITY, AND GENERAL LOCATION OF HOUSING;
  (D) GENERAL LOCATION AND  EXTENT  OF  EXISTING  OR  CURRENTLY  PLANNED
TRANSPORTATION, UTILITY, AND COMMUNITY FACILITIES;
  (E) AMOUNT, GENERAL LOCATION, AND INTERRELATIONSHIP OF DIFFERENT CATE-
GORIES OF TYPES OF LAND USE, INCLUDING EXISTING ZONING MAPS;
  (F)  AREAS, SITES, OR STRUCTURES OF HISTORICAL, ARCHAEOLOGICAL, ARCHI-
TECTURAL, OR SCENIC SIGNIFICANCE;
  (G) NATURAL RESOURCES,  INCLUDING  AIR,  WATER,  PARKS,  OPEN  SPACES,
FORESTS,  SOILS,  RIVERS, WETLANDS AND OTHER WATERS, SHORELINES, FISHER-
IES, WILDLIFE, VEGETATION, THREATENED SPECIES, AND MINERALS; AND
  (H) ANY OTHER MATTER FOUND TO BE IMPORTANT TO ENVIRONMENTAL PROTECTION
AND FUTURE DEVELOPMENT.
  4. NOTWITHSTANDING ANY PROVISION OF ARTICLE EIGHT OF THE ENVIRONMENTAL
CONSERVATION LAW, EACH COUNCIL SHALL BE THE LEAD AGENCY FOR THE  GENERIC
ENVIRONMENTAL IMPACT STATEMENT, WHICH SHALL BE PART OF THE COMPACT PLAN.
SUCH GENERIC ENVIRONMENTAL IMPACT STATEMENT SHALL BE PREPARED IN ACCORD-
ANCE  WITH  THE  PROVISIONS OF SUCH ARTICLE EIGHT. IN PREPARATION OF THE
COMPACT PLAN, EACH COUNCIL SHALL:
  (A) CONSULT WITH APPROPRIATE OFFICIALS  OF  ANY  REGIONAL,  STATE,  OR
FEDERAL  AGENCY  WHICH HAS JURISDICTION OVER LANDS AND WATERS WITHIN THE
COMPACT AREA;
  (B) CONSULT WITH INTERESTED PROFESSIONAL,  SCIENTIFIC,  AND  CITIZENS'
ORGANIZATIONS; AND
  (C) CONSULT WITH ITS ADVISORY COMMITTEE.
  5.  FOLLOWING  CONSULTATION WITH ITS ADVISORY COMMITTEE AND WITHIN THE
FIFTEEN MONTH PERIOD ESTABLISHED THEREFOR, EACH  COUNCIL  SHALL  PUBLISH
ITS DRAFT COMPACT PLAN. WITHIN SIX MONTHS OF SUCH PUBLICATION, THE COUN-
CIL  SHALL  HOLD  PUBLIC INFORMATIONAL MEETINGS WITH AT LEAST ONE PUBLIC
HEARING WITHIN EACH OF  THE  CITIES,  TOWNS,  AND  VILLAGES  WITHIN  THE
COMPACT  AREA.  DURING THIS PERIOD, THE COUNCIL SHALL RECEIVE AND REVIEW
COMMENTS ON THE DRAFT COMPACT  PLAN  AND  GENERIC  ENVIRONMENTAL  IMPACT
STATEMENT  FROM STATE AND LOCAL GOVERNMENTS AND THE PUBLIC. WITHIN THREE
MONTHS OF THE LAST PUBLIC HEARING REQUIRED BY THIS SECTION, THE  COUNCIL
SHALL  COMPLETE  AND  RECOMMEND  FOR RATIFICATION A REVISED SMART GROWTH
COMPACT PLAN AND FINAL GENERIC ENVIRONMENTAL  IMPACT  STATEMENT  TO  THE
LOCAL  LEGISLATIVE  BODY  OF EACH COUNTY, CITY, TOWN, AND VILLAGE WITHIN
THE COMPACT AREA FOR THEIR RATIFICATION AND ADOPTION OF THE STATEMENT OF
FINDINGS PURSUANT TO ARTICLE EIGHT  OF  THE  ENVIRONMENTAL  CONSERVATION
LAW. SUCH RATIFICATION AND ADOPTION SHALL REPRESENT COMMITMENT TO IMPLE-
MENTATION  OF  THE  PROVISIONS  CONTAINED THEREIN. UPON RATIFICATION AND
ADOPTION BY ALL SUCH LOCAL LEGISLATIVE BODIES, THE COUNCIL ITSELF  SHALL
FORMALLY  ADOPT THE COMPACT PLAN AND GENERIC ENVIRONMENTAL IMPACT STATE-
MENT AND SHALL SUBMIT THE COMPACT PLAN AND GENERIC ENVIRONMENTAL  IMPACT
STATEMENT TO THE SMART GROWTH REVIEW BOARD FOR CERTIFICATION PURSUANT TO
THE PROVISIONS OF SECTION ONE THOUSAND SIX OF THIS CHAPTER.
  S  1050-D.  IMPLEMENTATION OF SMART GROWTH COMPACT PLAN. 1. WITHIN ONE
YEAR AFTER A COMPACT PLAN HAS BEEN CERTIFIED BY THE SMART GROWTH  REVIEW
BOARD,  EACH  CITY  LEGISLATIVE BODY, TOWN BOARD, AND VILLAGE BOARD WITH
JURISDICTION WITHIN THE APPLICABLE COMPACT AREA SHALL ADOPT  AND  AMEND,

A. 5718                             5

AS  NECESSARY, LAND USE REGULATIONS, BY LOCAL LAW OR ORDINANCE, RULE, OR
REGULATION TO CONFORM ITS LAND USE REGULATIONS TO THE COMPACT PLAN. SUCH
ACTION SHALL NOT BE SUBJECT TO THE PROVISIONS OF ARTICLE  EIGHT  OF  THE
ENVIRONMENTAL  CONSERVATION  LAW IF IT IS IN CONFORMANCE WITH THE CONDI-
TIONS AND THRESHOLDS OF THE COMPACT PLAN. AT  LEAST  SIXTY  DAYS  BEFORE
ADOPTION  THEREOF,  THE  CITY  LEGISLATIVE  BODY, TOWN, OR VILLAGE BOARD
SHALL SUBMIT THE PROPOSED REGULATIONS TO THE  COMPACT  COUNCIL  FOR  ITS
REVIEW  AND  APPROVAL. WITHIN TEN DAYS OF RECEIPT OF SUCH PROPOSED REGU-
LATIONS, THE COUNCIL SHALL REVIEW AND APPROVE SUCH PROPOSED  REGULATIONS
OR, IF IT DOES NOT APPROVE THEM, RETURN THEM WITH COMMENTS ON WHAT NEEDS
TO  BE DONE TO MAKE THEM APPROVABLE.  FOR EACH JURISDICTION, THE COMPACT
PLAN SHALL BE DEEMED TO BE IMPLEMENTED UPON ADOPTION BY THE CITY  LEGIS-
LATIVE  BODY,  TOWN,  OR VILLAGE BOARD OF APPROVED LAND USE REGULATIONS.
UPON RECEIPT OF SUCH APPROVAL, A CITY, TOWN, OR VILLAGE SHALL BE  DEEMED
TO  BE  A PARTICIPATING COMMUNITY.   ONLY A PARTICIPATING COMMUNITY OR A
LOCAL GOVERNMENT WITH ITS OWN CERTIFIED SMART GROWTH PLAN SHALL  QUALIFY
FOR STATE PRIORITY INCENTIVE FUNDING UNDER THIS ARTICLE OR ARTICLE TWEN-
TY  OF  THIS CHAPTER.  AFTER CITY, TOWN, OR VILLAGE LAND USE REGULATIONS
HAVE BEEN APPROVED AND UPON A FINDING THAT A CITY, TOWN, OR VILLAGE  HAS
CHANGED SUCH REGULATIONS IN A MANNER SUBSTANTIALLY INCONSISTENT WITH THE
COMPACT  PLAN OR HAS ADMINISTERED ITS APPROVED LAND USE REGULATIONS IN A
MANNER SUBSTANTIALLY INCONSISTENT WITH THE  COMPACT  PLAN,  THE  COMPACT
COUNCIL SHALL WITHDRAW APPROVAL OF SUCH LAND USE REGULATIONS. SUCH WITH-
DRAWAL  OF  APPROVAL  SHALL  BE  MADE NOT BEFORE FOURTEEN DAYS AFTER THE
COUNCIL HOLDS A PUBLIC HEARING IN THE AFFECTED CITY, TOWN, OR VILLAGE ON
THE PROPOSED WITHDRAWAL. NOTICE OF SUCH HEARING SHALL BE PUBLISHED IN  A
NEWSPAPER  HAVING  GENERAL CIRCULATION IN THE COMPACT AREA AND NOTICE OF
SUCH HEARING SHALL ALSO BE GIVEN BY  REGISTERED  MAIL  TO  THE  AFFECTED
SUPERVISOR OR MAYOR. A CITY, TOWN, OR VILLAGE THAT HAS HAD SUCH APPROVAL
WITHDRAWN SHALL NO LONGER BE DEEMED TO BE A PARTICIPATING COMMUNITY.
  2.  A  COUNCIL  SHALL  HAVE  JURISDICTION  TO  REVIEW  AND APPROVE ALL
PROPOSED DEVELOPMENT OUTSIDE OF AREAS DESIGNATED FOR GROWTH OR  REDEVEL-
OPMENT, DEVELOPMENTS OF REGIONAL SIGNIFICANCE AS IDENTIFIED IN A COMPACT
PLAN, AND PROPOSED DEVELOPMENTS FOUND BY THE COUNCIL AFTER PETITION BY A
MEMBER  THEREOF  TO HAVE SIGNIFICANT ADVERSE IMPACT ON THE COMPACT PLAN.
ANY MEMBER MAY PETITION THE COUNCIL TO ASSERT REVIEW JURISDICTION OVER A
PROPOSED DEVELOPMENT WHICH HAS A SIGNIFICANT ADVERSE IMPACT ON THE GOALS
OF THE COMPACT PLAN. IF THE COUNCIL, BY MAJORITY VOTE, ASSERTS JURISDIC-
TION, SUCH PROJECT OR ACTION SHALL BE SUBJECT TO REVIEW BY THE  COUNCIL.
FOR  THE  PURPOSES OF REVIEW AND IDENTIFICATION OF PROJECTS COMING UNDER
THE JURISDICTION OF THE COUNCIL, THE COUNCIL SHALL DESIGNATE THE RESPON-
SIBLE PLANNING ENTITY OR STAFF FOR THE PURPOSES OF ADVISING THE  COUNCIL
WITH  RESPECT  TO  SUCH  APPLICATIONS OR PROJECTS. TO THE FULLEST EXTENT
POSSIBLE, THE COUNCIL SHALL CONSOLIDATE AND COORDINATE ITS  REVIEW  WITH
THE  APPROPRIATE LOCAL GOVERNMENT.  AN APPLICANT FOR DEVELOPMENT OUTSIDE
AN AREA  DESIGNATED  FOR  GROWTH  OR  REDEVELOPMENT  OR  DEVELOPMENT  OF
REGIONAL  SIGNIFICANCE  SHALL  APPLY  TO THE COUNCIL FOR APPROVAL OF THE
DEVELOPMENT. APPLICATIONS SHALL BE MADE TO THE COUNCIL ON FORMS  AND  IN
SUCH  MANNER  AS  THE  COMPACT  PLAN AND COUNCIL SHALL DESIGNATE.  AFTER
HOLDING A PUBLIC HEARING WITHIN THE CITY, TOWN, OR  VILLAGE  WHERE  SUCH
DEVELOPMENT IS PROPOSED TO BE LOCATED, ALL COMPLETED APPLICATIONS SHALL,
UNLESS MUTUALLY AGREED OTHERWISE, BE ACTED UPON WITHIN ONE HUNDRED TWEN-
TY DAYS.
  3. SUBSEQUENT TO THE ADOPTION OF A COMPACT PLAN, THE PROVISIONS OF ANY
OTHER LOCAL LAW, ORDINANCE, RULE, OR REGULATION TO THE CONTRARY NOTWITH-
STANDING, NO APPLICATION FOR DEVELOPMENT WITHIN THE COMPACT AREA SUBJECT

A. 5718                             6

TO  THE  COMPACT PLAN SHALL BE APPROVED BY ANY MUNICIPALITY OR COUNTY OR
AGENCY THEREOF OR THE  COUNCIL,  AND  NO  STATE  APPROVAL,  CERTIFICATE,
LICENSE,  CONSENT,  PERMIT, OR FINANCIAL ASSISTANCE FOR THE CONSTRUCTION
OF  ANY  STRUCTURE OR THE DISTURBANCE OF ANY LAND WITHIN SUCH AREA SHALL
BE GRANTED, UNLESS SUCH APPROVAL OR GRANT CONFORMS TO THE PROVISIONS  OF
SUCH  COMPACT  PLAN;  PROVIDED,  HOWEVER,  THAT THE COUNCIL, BY MAJORITY
VOTE, OR THE STATE OF NEW YORK IS  HEREBY  AUTHORIZED  TO  WAIVE  STRICT
COMPLIANCE  WITH  SUCH  PLAN  OR  WITH ANY ELEMENT OR STANDARD CONTAINED
THEREIN, UPON  FINDING  THAT  SUCH  WAIVER  IS  NECESSARY  TO  ALLEVIATE
EXTRAORDINARY HARDSHIP OR MEET COMPELLING PUBLIC NEED.
  4. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS IN ARTICLE EIGHT OF THE
ENVIRONMENTAL   CONSERVATION   LAW,  WITHIN  PARTICIPATING  COMMUNITIES,
ACTIONS WHOLLY WITHIN THE AREAS DESIGNATED FOR GROWTH  OR  REDEVELOPMENT
IN THE COMPACT AREA IN CONFORMANCE WITH THE COMPACT PLAN AND THE GENERIC
ENVIRONMENTAL IMPACT STATEMENT THEREOF SHALL REQUIRE NO FURTHER ENVIRON-
MENTAL IMPACT STATEMENT WITH RESPECT TO IMPACTS ADDRESSED IN SUCH GENER-
IC  ENVIRONMENTAL  IMPACT STATEMENT. FURTHER PROJECT-SPECIFIC COMPLIANCE
WITH ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW MAY BE REQUIRED
IN THE FORM OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT.
  S 1050-E. STATE CONSISTENCY AND INCENTIVES. 1.   EVERY  STATE  AGENCY,
PUBLIC  BENEFIT  CORPORATION,  AND  AUTHORITY  CONDUCTING,  FUNDING,  OR
APPROVING ACTIVITIES AFFECTING LOCAL GOVERNMENTS SHALL:
  (A) CONDUCT OR SUPPORT ITS ACTIVITIES IN A MANNER  WHICH  IS,  TO  THE
MAXIMUM  EXTENT PRACTICABLE, CONSISTENT WITH SMART GROWTH PRINCIPLES, AS
DEFINED IN THIS ARTICLE, AND CONSISTENT WITH ANY CERTIFIED SMART  GROWTH
COMPACT PLAN; AND
  (B)  GIVE  PRIORITY  IN FUNDING, TO THE FULLEST EXTENT PRACTICABLE, TO
MUNICIPALITIES WHICH HAVE SMART GROWTH PLANS CERTIFIED BY THE BOARD.
  2. SPECIFIC INCENTIVES AVAILABLE TO PARTICIPATING  COMMUNITIES  WITHIN
COMPACT  AREAS  WITH CERTIFIED SMART GROWTH COMPACT PLANS SHALL INCLUDE,
BUT NOT BE LIMITED TO:
  (A) PRIORITY FUNDING FOR CONSOLIDATED  DRINKING  WATER  INFRASTRUCTURE
PROJECTS;
  (B)  PRIORITY FUNDING FOR CONSOLIDATED CLEAN WATER AND WATER POLLUTION
CONTROL PROJECTS;
  (C) PRIORITY STATUS FOR OPEN SPACE LAND ACQUISITION AND  EASEMENTS  BY
THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION OR THE OFFICE OF PARKS,
RECREATION AND HISTORIC PRESERVATION IN AREAS LOCATED OUTSIDE GROWTH  OR
REDEVELOPMENT AREAS IN CERTIFIED SMART GROWTH PLANS PURSUANT TO SECTIONS
54-0303 AND 56-0307 OF THE ENVIRONMENTAL CONSERVATION LAW;
  (D) RESTRICTION ON INDUSTRIAL DEVELOPMENT AUTHORITY PROJECT FUNDING TO
LOCAL GOVERNMENTS WHICH HAVE CERTIFIED SMART GROWTH PLANS, WHERE A MUNI-
CIPALITY  WITHIN  AN INDUSTRIAL DEVELOPMENT AUTHORITY'S JURISDICTION HAS
APPLIED FOR AND RECEIVED SMART GROWTH  PLAN  CERTIFICATION  PURSUANT  TO
SECTION EIGHT HUNDRED SIXTY-TWO OF THIS CHAPTER;
  (E)  ENERGY  ASSISTANCE PURSUANT TO SECTIONS ONE THOUSAND FIVE AND ONE
THOUSAND EIGHT HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW;
  (F) PRIORITY FUNDING FOR AGRICULTURAL PROTECTION PURSUANT  TO  SECTION
THREE HUNDRED TWENTY-FIVE OF THE AGRICULTURE AND MARKETS LAW;
  (G)  WITHIN  THE  LIMITS OF ANY APPROPRIATIONS THEREFOR, GRANTS TO ANY
LOCAL GOVERNMENT AGENCY FOR DESIGN OR  OTHER  ACTIVITIES  TO  FACILITATE
CONSTRUCTION  PROJECTS  PROVIDED FOR IN A CERTIFIED SMART GROWTH COMPACT
PLAN; PROVIDED THAT SUCH GRANT SHALL NOT EXCEED TEN PERCENT OF THE ESTI-
MATED COST OF SUCH CONSTRUCTION PROJECTS; AND
  (H) WITHIN THE LIMITS OF ANY APPROPRIATIONS THEREFOR, GRANTS  FOR  THE
PURCHASE OF HOMES IN OLDER URBAN NEIGHBORHOODS, HOMES EXISTING AS OF THE

A. 5718                             7

EFFECTIVE  DATE  OF  THIS  ARTICLE,  AND HOMES WITHIN CLOSE PROXIMITY TO
PLACES OF WORK.
  S  1050-F. INDEMNITY.   1. THERE MAY BE DEFENSE BY AND SHALL BE INDEM-
NITY FROM THE STATE IN THE EVENT OF LEGAL ACTIONS OR PROCEEDINGS BROUGHT
AGAINST ANY LOCAL GOVERNMENT OR  ITS  AGENTS,  SERVANTS,  OFFICIALS,  OR
EMPLOYEES  THAT  MAY RESULT FROM THE IMPLEMENTATION OF A CERTIFIED SMART
GROWTH COMPACT PLAN. INDEMNITY SHALL NOT APPLY  TO  ANY  SUCH  CLAIM  IN
WHICH  A FINAL COURT DETERMINATION RESULTS IN A FINDING OF INCONSISTENCY
WITH A CERTIFIED SMART  GROWTH  COMPACT  PLAN,  INTENTIONAL  WRONGDOING,
RECKLESSNESS,  OR  AN  UNLAWFUL  DISCRIMINATORY  PRACTICE, INCLUDING THE
FINDING THAT ANY LAND USE CONTROL WAS INTENDED TO EXCLUDE  A  PARTICULAR
GROUP  OR  INDIVIDUAL,  OR  GROSS NEGLIGENCE ON THE PART OF SUCH MUNICI-
PALITY OR ITS AGENTS, SERVANTS,  OFFICIALS,  OR  EMPLOYEES.  ACTIONS  OR
PROCEEDINGS  BROUGHT UNDER SUBDIVISIONS TWO, TWO-A, THREE-B, FOUR, PARA-
GRAPHS (A) AND (B) OF SUBDIVISION FIVE,  AND  SUBDIVISIONS  SIX,  SEVEN,
FOURTEEN,  AND  EIGHTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECU-
TIVE LAW AND 42 U.S.C.  SECTIONS 1981, 1983, AND 1988  SHALL  BE  INDEM-
NIFIED  BY THE STATE ONLY SO FAR AS THE GRIEVANCE ALLEGED IN SUCH ACTION
OR PROCEEDING WAS THE RESULT OF AN ACT CONSISTENT WITH THIS  ARTICLE  OR
THE  PLAN.  SUCH INDEMNITY SHALL BE CONDITIONED UPON (A) THE DELIVERY BY
THE GOVERNING BODY OR  ITS  AGENT  AGAINST  WHOM  THE  LEGAL  ACTION  OR
PROCEEDING  WAS COMMENCED TO THE ATTORNEY GENERAL OR AN ASSISTANT ATTOR-
NEY GENERAL AT AN OFFICE OF THE DEPARTMENT  OF  LAW  IN  THE  STATE  THE
ORIGINAL  OR  A COPY OF ANY SUMMONS, COMPLAINT, PROCESS, NOTICE, DEMAND,
OR PLEADING WITHIN FIFTEEN DAYS AFTER SUCH DOCUMENT IS SERVED UPON  SUCH
GOVERNING BODY OR ITS AGENT, AND (B) THE FULL COOPERATION OF THE GOVERN-
ING  BODY  OR  ITS  AGENTS  AGAINST  WHOM  THE  ACTION OR PROCEEDING WAS
COMMENCED IN THE DEFENSE OF SUCH ACTION OR PROCEEDING AND IN DEFENSE  OF
ANY  ACTION  OR  PROCEEDING AGAINST THE STATE BASED UPON THE SAME ACT OR
OMISSION, AND IN THE PROSECUTION OF ANY APPEAL. THERE SHALL BE NO INDEM-
NITY IN THE EVENT OF A SETTLEMENT BETWEEN OR AMONG THE PARTIES  TO  SUCH
LEGAL  ACTION  OR  PROCEEDING  IN  THOSE INSTANCES IN WHICH THE ATTORNEY
GENERAL IS NOT PROVIDING THE DEFENSE  FOR  THE  GOVERNING  BODY  OR  ITS
AGENTS, UNLESS SUCH SETTLEMENT IS APPROVED BY THE ATTORNEY GENERAL; AND
  2.    A  VILLAGE,  TOWN, CITY, COUNTY, OR SMART GROWTH COMPACT COUNCIL
WITH A CERTIFIED SMART GROWTH PLAN OR  CERTIFIED  SMART  GROWTH  COMPACT
PLAN  SHALL  BE  ELIGIBLE FOR LOW-INTEREST LOANS FROM THE NEW YORK STATE
SMART GROWTH REVOLVING LOAN FUND, PURSUANT TO THE PROVISIONS OF  SECTION
NINETY-SEVEN-CCCC OF THE STATE FINANCE LAW.
  S  1050-G. GOVERNOR REPORTS. ON OR BEFORE THE FIRST DAY OF FEBRUARY OF
EACH YEAR, THE GOVERNOR SHALL REPORT TO THE LEGISLATURE ON THE IMPLEMEN-
TATION OF THIS ARTICLE AND SHALL PROPOSE  POTENTIAL  COMPACT  AREAS  FOR
DESIGNATION BY THE LEGISLATURE.
  S 4. Section 1161 of the public health law, as added by chapter 413 of
the laws of 1996, is amended to read as follows:
  S 1161. Eligible projects; priority ranking. Subject to the provisions
of section thirty-two of [the] chapter FOUR HUNDRED THIRTEEN of the laws
of  [1996  which  added  this  section]  NINETEEN HUNDRED NINETY-SIX, in
consultation with the commissioner of  environmental  conservation,  the
commissioner shall establish and maintain a list of potentially eligible
projects and shall establish, pursuant to rules and regulations, a proc-
ess  for  listing  potentially eligible projects identified by potential
recipients and a priority ranking system for the  purpose  of  providing
financial  assistance  to recipients for such projects under this title.
In establishing such  system, the commissioner shall take  into  account
the  public  health  significance of such potentially eligible projects,

A. 5718                             8

which shall include, but need not be limited to, an  assessment  of  (i)
public  health and safety; (ii) population affected; (iii) attainment of
state drinking water quality  goals  and  standards;  (iv)  taking  into
consideration  the water resources management strategy pursuant to title
twenty-nine of article fifteen of the  environmental  conservation  law;
and  (v)  compliance with state and federal law, rules, and regulations.
TO THE GREATEST EXTENT PERMITTED BY FEDERAL LAW, PRIORITY SHALL BE GIVEN
TO POTENTIALLY ELIGIBLE  PROJECTS  CONSOLIDATING  TWO  OR  MORE  MUNICI-
PALITIES THAT HAVE CERTIFIED SMART GROWTH PLANS.
  S  5.  Subdivision 2 of section 17-1909 of the environmental conserva-
tion law is amended by adding a new paragraph f to read as follows:
  F. TO THE GREATEST EXTENT PERMITTED BY FEDERAL LAW, PRIORITY SHALL  BE
GIVEN TO POTENTIALLY ELIGIBLE PROJECTS CONSOLIDATING TWO OR MORE MUNICI-
PALITIES, THAT HAVE CERTIFIED SMART GROWTH PLANS.
  S 6. The opening paragraph of section 862 of the general municipal law
is  designated subdivision 1 and a new subdivision 2 is added to read as
follows:
  2. IF ANY MUNICIPALITY WITHIN THE GEOGRAPHIC LIMITS OF THE AGENCY  HAS
A  CERTIFIED  SMART  GROWTH COMPACT PLAN PURSUANT TO ARTICLE TWENTY-A OF
THIS CHAPTER, NO FINANCIAL ASSISTANCE OF THE AGENCY SHALL BE  USED  WITH
RESPECT  TO ANY PROJECT LOCATED WITHIN ANY MUNICIPALITY WITHOUT A CERTI-
FIED SMART GROWTH COMPACT PLAN, AND FINANCIAL ASSISTANCE OF  THE  AGENCY
SHALL BE USED ONLY WITH RESPECT TO PROJECTS LOCATED WITHIN AREAS IDENTI-
FIED  IN  A  SMART  GROWTH COMPACT PLAN AS GROWTH OR REDEVELOPMENT AREAS
WITHIN WHICH PROJECTS ARE ELIGIBLE FOR ASSISTANCE FROM THE AGENCY.
  S 7. Section 1005 of the public authorities law is amended by adding a
new subdivision 16 to read as follows:
  16. TO PROVIDE FINANCIAL ASSISTANCE FOR  THE  INSTALLATION  OF  ENERGY
EFFICIENCY  MEASURES  OR  INNOVATIVE  ENERGY PRODUCTION TECHNOLOGIES, OR
BOTH, FOR STRUCTURES AND PROCESSES LOCATED WITHIN GROWTH AND  REDEVELOP-
MENT  AREAS IDENTIFIED IN AN APPROVED SMART GROWTH COMPACT PLAN PURSUANT
TO ARTICLE TWENTY-A OF THE GENERAL MUNICIPAL LAW.
  S 8. Section 54-0303 of the environmental conservation law is  amended
by adding a new subdivision 8 to read as follows:
  8.  IN  EVALUATING  APPLICATIONS FOR OPEN SPACE CONSERVATION PROJECTS,
THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE OF PARKS, RECREATION
AND HISTORIC PRESERVATION SHALL GRANT A PREFERENCE TO ANY PROJECT  IDEN-
TIFIED  AS  PART  OF  A PRESERVATION AREA UNDER A CERTIFIED SMART GROWTH
COMPACT PLAN PURSUANT TO ARTICLE TWENTY-A OF THE GENERAL MUNICIPAL LAW.
  S 9. Section 56-0307 of the environmental conservation law is  amended
by adding a new subdivision 5-a to read as follows:
  5-A.  IN EVALUATING APPLICATIONS FOR OPEN SPACE CONSERVATION PROJECTS,
THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE OF PARKS, RECREATION
AND HISTORIC PRESERVATION SHALL GRANT A PREFERENCE TO ANY PROJECT  IDEN-
TIFIED  AS  PART  OF  A PRESERVATION AREA UNDER A CERTIFIED SMART GROWTH
COMPACT PLAN PURSUANT TO ARTICLE TWENTY-A OF THE GENERAL MUNICIPAL LAW.
  S 10. Paragraph (c) of subdivision 2 of section 325 of the agriculture
and markets law, as added by chapter 413 of the laws of 1996, is amended
to read as follows:
  (c) In evaluating applications for  funding,  the  commissioner  shall
give priority to projects intended to preserve viable agricultural land,
as  defined  in section three hundred one of this chapter; THAT ARE IN A
PRESERVATION AREA UNDER A CERTIFIED SMART GROWTH COMPACT  PLAN  PURSUANT
TO  ARTICLE  TWENTY-A  OF  THE  GENERAL MUNICIPAL LAW; that are in areas
facing significant development pressure; and that serve as a buffer  for

A. 5718                             9

a  significant natural public resource containing important ecosystem or
habitat characteristics.
  S 11. Severability. The provisions of this act shall be severable, and
if  any clause, sentence, paragraph, subdivision, or section of this act
shall be adjudged invalid by a court  of  competent  jurisdiction,  such
order  or judgment shall not affect, impair, or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, or section  thereof  directly  involved  in  the
controversy in which such judgment shall have been rendered.
  S  12. This act shall take effect on the same date as a chapter of the
laws of 2009 entitled "AN ACT to amend the general  municipal  law,  the
environmental conservation law, the public authorities law, the agricul-
ture  and  markets law, the real property tax law, the state finance law
and the executive law, in relation to enacting the Smart Growth for  the
New  Century  Act",  as  proposed in legislative bill number A.697 takes
effect.