NY State Assembly Bill 2009-A9818

Assembly Bill A9818

2009-2010 Legislative Session

Requires state and local agencies to establish a priority processing procedure for the review of construction permits which meet certain energy and environmental design standards

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2010	referred to local governments

2009-A9818 (ACTIVE) - Details

See Senate Version of this Bill:: S6754
Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Amd §859-c, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2083, S1860
2013-2014: A4117, S3308
2015-2016: A278, S505

2009-A9818 (ACTIVE) - Summary

Requires state and local agencies to establish a priority processing procedure for the review of construction permits which meet certain energy and environmental design standards; defines terms; requires the implementation of such priority processing procedures on or before January 1, 2011.

2009-A9818 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9818

TITLE OF BILL:
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

PURPOSE: This legislation would require state and
local agencies to
establish a priority processing procedure for the review of
construction permits which meet certain energy and environmental
design standards.

SUMMARY OF PROVISIONS: Amends the General Municipal
Law by adding
a new Section 859-c relating to building permits, energy and
environmental design standards priority process.

JUSTIFICATION: The Leadership in Energy and
Environmental Design
(LEED) Green Building Rating System encourages and accelerates global
adoption of sustainable green building and development practices
through the creation and implementation of universally understood and
accepted tools and performance criteria. The LEED rating system offers

four certification levels for new construction -- Certified, Silver,
Gold and Platinum -- that correspond to the number of credits accrued
in five green design categories: sustainable sites, water efficiency,
energy and atmosphere, materials and resources and indoor
environmental quality.

The Green Globes is a green building guidance and assessment
program that offers an effective, practical and affordable way
to advance the overall environmental performance and sustainability
of commercial buildings. Buildings that successfully complete a
third-party assessment are assigned a Green Globes rating of one
to four globes. Green Globes rated/certified buildings are intended
to: Use less energy; Conserve natural resources; and emit fewer
pollutants in the form of greenhouse gases, airborne particulates,
liquid effluents, and/or solid waste.

This legislation would require every agency (state or municipal
corporation, department, board, bureau, division, commission,
committee, public authority, public corporation, council, office
or other government entity) that issues construction permits to
establish a procedure, by January 1, 2011, for priority processing
of a permit
application that meets energy and environmental design standards
equal or better to the LEES silver or two green globes rating system.
No additional costs will be required by the applicant. Such
established priority procedure does not imply or provide that

any application for a construction permit shall automatically
be approved.

LEGISLATIVE HISTORY: New Legislation, 2010.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

2009-A9818 (ACTIVE) - Bill Text download pdf

                            
                    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.

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