Senate Bill S3494A

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

                                 3494--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance --  recommit-
  ted to the Committee on Finance in accordance with Senate Rule 6, sec.
  8  -- committee discharged, bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the executive law and the state finance law, in relation
  to establishing the New York state growth interagency task force

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

  Section  1. The executive law is amended by adding a new article 43 to
read as follows:
                                ARTICLE 43
           NEW YORK STATE SMART GROWTH INTERAGENCY TASK FORCE
SECTION 925.   DEFINITIONS.
        925-A. NEW YORK STATE SMART GROWTH INTERAGENCY TASK FORCE.
        925-B. RESPONSIBILITIES OF THE TASK FORCE.
  S 925. DEFINITIONS.  AS USED IN THIS ARTICLE:
  1. "SMART GROWTH PRINCIPLES" MEANS THE FOLLOWING:
  A. PUBLIC INVESTMENT: TO PLAN SO AS TO ACCOUNT FOR  AND  MINIMIZE  THE
ADDITIONAL  PUBLIC  COSTS  OF  NEW DEVELOPMENT, INCLUDING INFRASTRUCTURE
COSTS SUCH AS TRANSPORTATION, SEWERS AND WASTE-WATER  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, RECREATION AND  OPEN
SPACE,  SCENIC AREAS, SIGNIFICANT HABITATS, AND SIGNIFICANT HISTORIC AND
ARCHAEOLOGICAL SITES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07576-03-2

              

S. 3494--A                          2

  D. PARTNERSHIPS: TO ESTABLISH INTERMUNICIPAL  AND  OTHER  INTERGOVERN-
MENTAL PARTNERSHIPS TO ADDRESS DEVELOPMENT ISSUES WHICH TRANSCEND MUNIC-
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,  DOWNTOWN REVITALIZATION, OPEN SPACE PROTECTION, BROWNFIELD
REDEVELOPMENT, ENHANCED BEAUTY IN PUBLIC SPACES, AND DIVERSE AND AFFORD-
ABLE 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;
  G.  CONSISTENCY:  TO  ENSURE  PREDICTABILITY  IN BUILDING AND LAND USE
CODES; AND
  H. SUSTAINABILITY: TO STRENGTHEN EXISTING AND CREATE  NEW  COMMUNITIES
WHICH  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. "TASK FORCE" MEANS THE NEW YORK STATE SMART GROWTH INTERAGENCY TASK
FORCE CREATED BY SECTION NINE HUNDRED TWENTY-FIVE-A OF THIS ARTICLE.
  3. "SMART GROWTH PLANNING GRANT"  SHALL  MEAN  THE  "COMMUNITY  VISION
PLANNING  GRANT,"  THE  "AGRICULTURE RETENTION AND FARMLAND PRESERVATION
PLANNING GRANT," AND THE "TRANSIT ORIENTED DESIGN PLANNING GRANT."
  4. "MUNICIPALITY" SHALL MEAN A TOWN, CITY, COUNTY, VILLAGE OR A DESIG-
NATED PUBLIC AGENCY THEREOF, OR A PUBLIC AUTHORITY.
  S 925-A. NEW YORK STATE SMART GROWTH INTERAGENCY TASK FORCE. 1.  THERE
IS  HEREBY  CREATED  THE  NEW  YORK  STATE SMART GROWTH INTERAGENCY TASK
FORCE. THE TASK FORCE  SHALL  CONSIST  OF  THE  FOLLOWING  MEMBERS:  THE
COMMISSIONER  OF ENVIRONMENTAL CONSERVATION, THE SECRETARY OF STATE, THE
COMMISSIONER OF AGRICULTURE AND MARKETS, THE COMMISSIONER OF TRANSPORTA-
TION, THE COMMISSIONER OF PARKS, RECREATION AND  HISTORIC  PRESERVATION,
THE  COMMISSIONER OF ECONOMIC DEVELOPMENT, THE PRESIDENT OF THE ENVIRON-
MENTAL FACILITIES CORPORATION, THE CHAIR OF THE URBAN DEVELOPMENT CORPO-
RATION, THE COMMISSIONER OF THE NEW YORK STATE DIVISION OF  HOUSING  AND
COMMUNITY  RENEWAL,  THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH
AND DEVELOPMENT AUTHORITY, THE CHAIR  OF  THE  NEW  YORK  STATE  HOUSING
FINANCE AGENCY, THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT
OF THE SENATE.
  2.  THE  SECRETARY  OF  STATE  AND  THE CHAIR OF THE URBAN DEVELOPMENT
CORPORATION SHALL SERVE AS CO-CHAIRS OF THE NEW YORK STATE SMART  GROWTH
INTERAGENCY TASK FORCE.
  3.  A  MEMBER MAY APPOINT A DESIGNATED REPRESENTATIVE, WHO SHALL SERVE
AT THE PLEASURE OF THE APPOINTING MEMBER, TO EXERCISE HIS OR HER  POWERS
AND PERFORM HIS OR HER DUTIES.
  4.  MEMBERS  OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION BUT SHALL
BE ENTITLED TO REIMBURSEMENT FOR  ANY  NECESSARY  EXPENSES  INCURRED  IN
CONNECTION WITH THE PERFORMANCE OF THEIR DUTIES.

S. 3494--A                          3

  S  925-B.  RESPONSIBILITIES  OF  THE TASK FORCE. 1. THE NEW YORK STATE
SMART GROWTH INTERAGENCY TASK FORCE SHALL PROVIDE FOR MUNICIPALITIES, ON
A COMPETITIVE BASIS, WITHIN AMOUNTS APPROPRIATED, SMART GROWTH  PLANNING
GRANTS  AS ENUMERATED IN SUBDIVISION TWO OF THIS SECTION AND APPROVED BY
THE TASK FORCE PURSUANT TO SUBDIVISION THREE OF THIS SECTION TO NEW YORK
STATE MUNICIPALITIES.
  2. THE TASK FORCE SHALL ISSUE THE FOLLOWING GRANTS:
  A.  COMMUNITY  VISION  PLANNING GRANT. THE TASK FORCE SHALL AWARD SUCH
GRANT TO FACILITATE IMPLEMENTATION  OF  A  MUNICIPAL  PLAN  DESIGNED  TO
ENGAGE  LOCAL  RESIDENTS  IN THE PLANNING PROCESS TO DEVELOP A COMMUNITY
CONSENSUS ON WHAT THE RESIDENTS WANT THE COMMUNITY TO BE, THE  DIRECTION
OF  THE  COMMUNITY,  AND WHAT MUST BE DONE TO ACHIEVE THE DESIRED COMMON
VISION. THE GRANT MAY BE USED TO FUND ACTIVITIES RELATED  TO  COMPLETION
OF  THE  COMMUNITY VISION PROCESS AND PLAN PREPARATION, EXCEPT FOR FUNDS
USED FOR TRAVEL, FOOD, FACILITY RENTAL OR OTHER CAPITAL EXPENSES.
  B. AGRICULTURE RETENTION AND  FARMLAND  PRESERVATION  PLANNING  GRANT.
SUCH  GRANT SHALL BE AWARDED FOR IMPLEMENTATION OF A MUNICIPAL PLAN THAT
INCLUDES MEASURES TO ENSURE SUSTAINABLE ECONOMIC VITALITY OF AGRICULTURE
IN NEW YORK, IMPLEMENTATION STRATEGIES THAT STRENGTHEN AND  PROMOTE  THE
USE  OF  EXISTING  ALTERNATIVE  PLANNING TOOLS AND CREATE NEW TOOLS THAT
FACILITATE THE ACCOMMODATION OF GROWTH IN WAYS THAT  CONSUME  LESS  LAND
AND  ALLOW FOR THE PRESERVATION OF THE MOST PRODUCTIVE SOILS.  SUCH PLAN
SHALL ALSO INCLUDE AN INVENTORY OF FARM PROPERTIES AND A MAP  ILLUSTRAT-
ING SIGNIFICANT AREAS OF AGRICULTURAL LAND.
  C. TRANSIT ORIENTED DESIGN PLANNING GRANT. SUCH GRANT SHALL BE AWARDED
TO  FACILITATE IMPLEMENTATION OF A PLAN DESIGNED AROUND A MUNICIPALITY'S
TRANSIT FACILITY TO ENCOURAGE  TRANSIT-FRIENDLY  LAND  USE  AROUND  SUCH
FACILITIES.  SUCH PLAN SHALL ENCOURAGE SUFFICIENT RESIDENTIAL DENSITY IN
A MIXED-USE CONFIGURATION FOR TRANSIT-ORIENTED DEVELOPMENT THAT INCORPO-
RATES CONNECTIVITY,  PEDESTRIAN  SAFETY,  STREETSCAPE  IMPROVEMENT,  AND
PARKING.
  3.  THE  TASK  FORCE  SHALL APPLY THE FOLLOWING APPROVAL CRITERIA WHEN
EVALUATING APPLICATIONS FOR A SMART GROWTH PLANNING GRANT, THE:
  A. DEGREE TO WHICH THE APPLICANT HAS EFFECTIVELY PARTNERED WITH  RELE-
VANT,  DIVERSE  ORGANIZATIONS  IN ORDER TO SECURE ENDORSEMENT FOR RECOM-
MENDED TECHNIQUES AND PROVIDE THE NECESSARY TECHNICAL EXPERTISE;
  B. DEGREE TO WHICH THE APPLICANT'S SMART GROWTH PLANNING GRANT  APPLI-
CATION  PROPOSES  TO  EFFECTIVELY  USE GRANT FUNDS; THE TASK FORCE SHALL
TAKE INTO ACCOUNT HOW MUCH OF THE GRANT  WILL  BE  USED  FOR  ACTIVITIES
DIRECTLY RELATED TO THE PROJECT AS OPPOSED TO INDIRECT EXPENDITURES;
  C.  DEGREE TO WHICH THE APPLICANT'S SMART GROWTH PLANNING GRANT APPLI-
CATION PROPOSES TO EFFECTIVELY LEVERAGE AND USE MATCHING FUNDS,  INCLUD-
ING  FUNDS  PROVIDED  THROUGH  OTHER STATE GRANT PROGRAMS; THE APPLICANT
SHALL DEMONSTRATE HOW IT SHALL  COORDINATE  THE  SMART  GROWTH  PLANNING
GRANT  WITH  OTHER  FUNDS  TO LEVERAGE ADDITIONAL RESOURCES TO CARRY OUT
SUCH PLAN OR THAT SMART GROWTH PLANNING  GRANT  FUNDS  SHALL  COMPLEMENT
ACTIVITIES RELEVANT TO THE SMART GROWTH PLAN;
  D.  DEGREE TO WHICH THE APPLICANT IS COMMITTED TO SMART GROWTH PRINCI-
PLES;
  E. DEGREE TO WHICH APPLICANT'S SMART GROWTH PLANNING GRANT APPLICATION
DEMONSTRATES THE ABILITY TO CARRY OUT THE PROPOSED PLAN.
  4. THE TASK FORCE SHALL ISSUE REQUESTS FOR PROPOSALS NO LATER THAN THE
FIRST OF JUNE SUCCEEDING THE DATE  ON  WHICH  THIS  ARTICLE  SHALL  HAVE
BECOME LAW AND EACH YEAR THEREAFTER.

S. 3494--A                          4

  5.  THE  TASK FORCE SHALL FACILITATE COORDINATION AND COOPERATION WITH
OTHER STATE GRANT PROGRAMS TO PROVIDE A CENTRALIZED INFORMATION  REPOSI-
TORY ON GRANT OPPORTUNITIES.
  S  2.  Paragraph  (d)  of  subdivision  6 of section 92-s of the state
finance law, as amended by section 13 of part E of  chapter  61  of  the
laws of 2000, is amended to read as follows:
  (d) Moneys from the open space account shall be available, pursuant to
appropriation[,]:  (I)  for any open space land conservation project[,];
(II) FOR bio-diversity stewardship and research pursuant to chapter five
hundred fifty-four of the  laws  of  nineteen  hundred  ninety-three[,];
(III)  for  the  purposes of agricultural and farmland protection activ-
ities as authorized by article twenty-five-AAA of  the  agriculture  and
markets law[,]; (IV) FOR non-point source abatement and control projects
pursuant  to  section  17-1409 of the environmental conservation law and
section eleven-b of the soil and water  conservation  districts  law[,];
(V)  for  Long  Island Central Pine Barrens area planning or Long Island
south shore estuary reserve planning pursuant to title thirteen of arti-
cle fifty-four of the environmental conservation law[,  and];  (VI)  for
operation  and  management  of  the Albany Pine Bush preserve commission
pursuant to subdivision two of  section  54-0303  of  the  environmental
conservation  law; AND (VII) FOR SMART GROWTH PROJECTS PURSUANT TO ARTI-
CLE FORTY-THREE OF THE EXECUTIVE LAW.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2013.