S T A T E   O F   N E W   Y O R K
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    S. 5549                                                  A. 8331

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              May 15, 2009
                               ___________

IN  SENATE  --  Introduced by Sens. MONTGOMERY, MARCELLINO -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Environmental Conservation

IN ASSEMBLY -- Introduced by M. of A. HOYT -- read once and referred  to
  the Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  establishing the New York state smart growth principles

  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 section 3-0319 to read as follows:
S 3-0319. NEW YORK STATE SMART GROWTH PRINCIPLES.
  1. FOR THE PURPOSES OF THIS SECTION, "SMART GROWTH  PRINCIPLES"  MEANS
THE FOLLOWING:
  A.  PUBLIC  INVESTMENT:  TO PLAN SO AS TO ACCOUNT FOR AND MINIMIZE THE
DIRECT AND INDIRECT PUBLIC COSTS OF NEW DEVELOPMENT,  INCLUDING  INFRAS-
TRUCTURE  COSTS SUCH AS TRANSPORTATION, SEWERS AND WASTEWATER TREATMENT,
WATER, SCHOOLS, RECREATION, OPEN SPACE AND OTHER ENVIRONMENTAL IMPACTS;
  B. ECONOMIC DEVELOPMENT: TO ENCOURAGE REDEVELOPMENT OF EXISTING COMMU-
NITY CENTERS, AND TO ENCOURAGE NEW DEVELOPMENT IN AREAS WHERE  TRANSPOR-
TATION, WATER AND SEWER INFRASTRUCTURE ARE READILY AVAILABLE;
  C.  CONSERVATION  AND  RESTORATION:  TO PROTECT, PRESERVE, ENHANCE AND
RESTORE THE STATE'S NATURAL AND HISTORIC RESOURCES,  INCLUDING  AGRICUL-
TURAL  LAND, FORESTS, SURFACE WATER AND GROUNDWATER, WATERFRONTS, RECRE-
ATION AND OPEN SPACE, SCENIC AREAS, SIGNIFICANT HABITATS,  NATIONAL  AND
STATE HERITAGE AREAS AND REGIONAL GREENWAYS AND SIGNIFICANT HISTORIC AND
ARCHAEOLOGICAL SITES AND TO FACILITATE THE ADAPTION OF SUCH RESOURCES TO
CLIMATE CHANGE;
  D.  PARTNERSHIPS:  TO  ESTABLISH INTERMUNICIPAL AND OTHER INTERGOVERN-
MENTAL PARTNERSHIPS TO ADDRESS DEVELOPMENT ISSUES WHICH TRANSCEND MUNIC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11865-01-9
              

S. 5549                             2                            A. 8331

IPAL BOUNDARIES, AND WHICH ARE BEST ADDRESSED BY EFFECTIVE  PARTNERSHIPS
AMONG LEVELS OF GOVERNMENT, IN ORDER TO INCREASE EFFICIENT, PLANNED, AND
COST-EFFECTIVE  DELIVERY  OF  GOVERNMENT SERVICES BY, AMONG OTHER MEANS,
FACILITATING  COOPERATIVE  AGREEMENTS  AMONG ADJACENT COMMUNITIES AND TO
ENSURE WITHIN A REGIONAL CONTEXT, THE APPROPRIATE BALANCE BETWEEN DEVEL-
OPMENT AND OPEN SPACE PROTECTION;
  E. COMMUNITY LIVABILITY: TO STRENGTHEN COMMUNITIES' SENSE OF PLACE  BY
ENCOURAGING  COMMUNITIES  TO ADOPT DEVELOPMENT AND REDEVELOPMENT STRATE-
GIES WHICH BUILD ON EACH COMMUNITY'S VISION FOR  ITS  FUTURE,  INCLUDING
INTEGRATION  OF  ALL  INCOME AND AGE GROUPS, MIXED LAND USES AND COMPACT
DEVELOPMENT, TRANSPORTATION CHOICES, DOWNTOWN REVITALIZATION, OPEN SPACE
PROTECTION, BROWNFIELD REDEVELOPMENT, ENHANCED BEAUTY IN PUBLIC  SPACES,
AND DIVERSE AND AFFORDABLE HOUSING IN PROXIMITY TO PLACES OF EMPLOYMENT,
RECREATION AND COMMERCIAL DEVELOPMENT;
  F.   TRANSPORTATION:  TO  PROVIDE  TRANSPORTATION  CHOICES,  INCLUDING
INCREASING PUBLIC TRANSIT, PEDESTRIAN AND BICYCLE AND OTHER CHOICES,  IN
ORDER TO IMPROVE HEALTH AND QUALITY OF LIFE, REDUCE AUTOMOBILE DEPENDEN-
CY, TRAFFIC CONGESTION AND AUTOMOBILE POLLUTION AND PROMOTE ENERGY EFFI-
CIENCY;
  G.  CONSISTENCY:  TO  ENSURE  PREDICTABILITY  IN BUILDING AND LAND USE
CODES; AND
  H. SUSTAINABILITY: TO STRENGTHEN EXISTING AND CREATE  NEW  COMMUNITIES
WHICH REDUCE GREENHOUSE GAS EMISSIONS AND DO NOT COMPROMISE THE NEEDS OF
FUTURE  GENERATIONS, BY AMONG OTHER MEANS ENCOURAGING BROAD BASED PUBLIC
INVOLVEMENT IN DEVELOPING AND IMPLEMENTING A COMMUNITY PLAN AND ENSURING
THE GOVERNANCE STRUCTURE IS ADEQUATE TO SUSTAIN ITS IMPLEMENTATION.
  2. THE DEPARTMENT, DEPARTMENT OF STATE, DEPARTMENT OF  TRANSPORTATION,
EDUCATION  DEPARTMENT,  DEPARTMENT  OF  HEALTH, ENVIRONMENTAL FACILITIES
CORPORATION, NEW YORK STATE HOUSING FINANCE AGENCY, HOUSING  TRUST  FUND
CORPORATION,  DORMITORY  AUTHORITY,  NEW  YORK  STATE THRUWAY AUTHORITY,
URBAN DEVELOPMENT CORPORATION, OFFICE OF PARKS, RECREATION AND  HISTORIC
PRESERVATION,   DEPARTMENT  OF  ECONOMIC  DEVELOPMENT,  JOB  DEVELOPMENT
AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY,  DIVISION  OF  HOUSING
AND  COMMUNITY  RENEWAL, DEPARTMENT OF AGRICULTURE AND MARKETS, NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND OFFICE OF REAL PROP-
ERTY SERVICES SHALL:
  A. CONSIDER SMART GROWTH PRINCIPLES IN  THE  IMPLEMENTATION  OF  STATE
POLICIES AND PROGRAMS;
  B.  REFOCUS STATE TRAINING AND TECHNICAL ASSISTANCE PROGRAMS FOR LOCAL
OFFICIALS TO INCORPORATE THE SMART  GROWTH  PRINCIPLES  AND  TO  ENHANCE
LOCAL  GOVERNMENT  CAPACITY  TO  ADOPT  AND ADHERE TO SUCH PRINCIPLES IN
COMMUNITY PLANNING AND DEVELOPMENT;
  C. ENCOURAGE COMMUNITY TRANSPORTATION PLANNING AND COORDINATION  BASED
ON SMART GROWTH PRINCIPLES; AND
  D.  WITHIN  ALL GRANTS, AWARDS, LOANS OR ASSISTANCE PROGRAMS, GIVE DUE
CONSIDERATION TO THOSE APPLICATIONS  WHICH  ARE  CONSISTENT  WITH  SMART
GROWTH PRINCIPLES.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.