S T A T E O F N E W Y O R K
________________________________________________________________________
9818
I N A S S E M B L Y
January 29, 2010
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Local Governments
AN ACT to amend the general municipal law, in relation to requiring
state and local agencies to establish a priority processing procedure
for the review of construction permits which meet certain energy and
environmental design standards
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 859-c to read as follows:
S 859-C. BUILDING PERMITS, ENERGY AND ENVIRONMENTAL DESIGN STANDARDS;
PRIORITY PROCESS. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "CONSTRUCTION PERMIT" SHALL MEAN A PERMIT OR ANY OTHER APPROVAL
ISSUED BY A MUNICIPAL CORPORATION FOR ANY WORK NECESSARY OR INCIDENTAL
TO THE ERECTION, DEMOLITION, ASSEMBLING, ALTERATION, INSTALLING OR
EQUIPPING OF ANY BUILDING.
(B) "ENERGY AND ENVIRONMENTAL DESIGN STANDARDS" SHALL MEAN THE LEADER-
SHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) BUILDING RATING SYSTEM
PUBLISHED BY THE UNITED STATES GREEN BUILDING COUNCIL, OR ANOTHER COMPA-
RABLE STATE APPROVED, NATIONALLY RECOGNIZED, AND CONSENSUS BASED GUIDE-
LINE, STANDARD OR SYSTEM, WHICH INCLUDES BUT IS NOT LIMITED TO MEAN
DESIGN GUIDELINES AND A RATING SYSTEM OR RULES FOR CONSTRUCTING BUILD-
INGS THAT INSURE SITE PLANNING, WATER EFFICIENCY, ENERGY EFFICIENCY, AND
RENEWABLE ENERGY, CONSERVATION MATERIALS AND RESOURCES, AND INDOOR ENVI-
RONMENTAL QUALITY.
(C) "APPLICANT" SHALL MEAN ANY PERMIT APPLICANT THAT IS NOT THE STATE
GOVERNMENT, FEDERAL GOVERNMENT, OR MUNICIPAL CORPORATION.
(D) "AGENCY" SHALL MEAN ANY STATE OR MUNICIPAL CORPORATION, DEPART-
MENT, BOARD, BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY,
PUBLIC CORPORATION, COUNCIL, OFFICE OR OTHER GOVERNMENTAL ENTITY.
2. EVERY AGENCY THAT ISSUES CONSTRUCTION PERMITS SHALL ESTABLISH A
PROCEDURE FOR PRIORITY PROCESSING OF A PERMIT APPLICATION THAT MEETS
ENERGY AND ENVIRONMENTAL DESIGN STANDARDS EQUAL OR BETTER TO THE LEED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15546-01-0
A. 9818 2
SILVER OR TWO GREEN GLOBES RATING SYSTEM. THE ESTABLISHED PRIORITY PROC-
ESSING PROCEDURE SHALL BE AT NO ADDITIONAL COST TO THE APPLICANT. SUCH
PROCEDURE SHALL NOT IMPLY OR PROVIDE THAT ANY APPLICATION FOR A
CONSTRUCTION PERMIT SHALL BE AUTOMATICALLY APPROVED.
3. EACH AGENCY SHALL ESTABLISH SUCH PRIORITY PROCESSING PROCEDURE ON
OR BEFORE JANUARY FIRST, TWO THOUSAND ELEVEN.
S 2. This act shall take effect immediately.