S T A T E O F N E W Y O R K
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4933--A
2023-2024 Regular Sessions
I N A S S E M B L Y
February 27, 2023
___________
Introduced by M. of A. KELLES, SIMONE -- read once and referred to the
Committee on Environmental Conservation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law and the public hous-
ing law, in relation to enacting the "sustainable affordable housing
and sprawl prevention act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "sustaina-
ble affordable housing and sprawl prevention act".
§ 2. The environmental conservation law is amended by adding a new
section 8-0119 to read as follows:
§ 8-0119. CERTAIN ACTIONS EXEMPT OR SUBJECT TO LIMITED REVIEW.
1. EXEMPT ACTIONS FOR CONSTRUCTION OF RESIDENTIAL DWELLINGS. (A)
NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, QUALIFYING
ACTIONS FOR THE CONSTRUCTION OF A NEW MULTIPLE DWELLING OR MORE THAN ONE
CONTIGUOUS MULTIPLE DWELLINGS THAT MEET THE FOLLOWING THRESHOLDS SHALL
BE AUTOMATICALLY DETERMINED NOT TO HAVE A SIGNIFICANT IMPACT ON THE
ENVIRONMENT AND SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIRE-
MENTS UNDER THIS ARTICLE OR ANY RULES OR REGULATIONS PROMULGATED THERE-
TO:
(I) FEWER THAN TEN TOTAL RESIDENTIAL UNITS IN MUNICIPALITIES THAT HAVE
NOT ADOPTED ZONING OR SUBDIVISION REGULATIONS;
(II) BE LOCATED ON PREVIOUSLY DISTURBED LAND;
(III) FEWER THAN FIFTY TOTAL RESIDENTIAL UNITS NOT TO BE CONNECTED (AT
THE COMMENCEMENT OF HABITATION) TO EXISTING COMMUNITY OR PUBLIC WATER
AND SEWERAGE SYSTEMS INCLUDING SEWAGE TREATMENT WORKS;
(IV) IN A CITY, TOWN, OR VILLAGE HAVING A POPULATION OF NINETY THOU-
SAND PERSONS OR LESS, FEWER THAN TWO HUNDRED TOTAL RESIDENTIAL UNITS TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03398-09-3
A. 4933--A 2
BE CONNECTED (AT THE COMMENCEMENT OF HABITATION) TO EXISTING COMMUNITY
OR PUBLIC WATER AND SEWERAGE SYSTEMS INCLUDING SEWAGE TREATMENT WORKS;
(V) IN A CITY, TOWN, OR VILLAGE HAVING A POPULATION OF GREATER THAN
NINETY THOUSAND BUT LESS THAN ONE MILLION, FEWER THAN FIVE HUNDRED TOTAL
RESIDENTIAL UNITS TO BE CONNECTED (AT THE COMMENCEMENT OF HABITATION) TO
EXISTING COMMUNITY OR PUBLIC WATER AND SEWERAGE SYSTEMS INCLUDING SEWAGE
TREATMENT WORKS; OR
(VI) IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE PERSONS,
FEWER THAN ONE THOUSAND TOTAL RESIDENTIAL UNITS TO BE CONNECTED (AT THE
COMMENCEMENT OF HABITATION) TO EXISTING COMMUNITY OR PUBLIC WATER AND
SEWERAGE SYSTEMS INCLUDING SEWAGE TREATMENT WORKS.
(B) TO BE DETERMINED AS A "QUALIFYING ACTION" UNDER PARAGRAPH (A) OF
THIS SUBDIVISION, SUCH ACTION SHALL:
(I) BE LOCATED IN A CENSUS TRACT DEFINED AS AN URBANIZED AREA OR AN
URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU;
(II) BE LOCATED ON PREVIOUSLY DISTURBED LAND;
(III) QUALIFY AS AFFORDABLE HOUSING, AS SHALL BE DETERMINED BY THE
DIVISION OF HOUSING AND COMMUNITY RENEWAL, RELATIVE TO THE MUNICIPALITY
OR COUNTY, AS SHALL BE DETERMINED BY THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL, IN WHICH IT IS LOCATED;
(IV) NOT BE LOCATED IN AN AREA:
(1) PROJECTED TO EXPERIENCE FLOODING AT GREATER THAN OR EQUAL TO SEA
LEVEL RISE OF FIVE FEET ACCORDING TO THE NATIONAL OCEANIC AND ATMOSPHER-
IC ADMINISTRATION, OR ANY OTHER SCIENCE-BASED PROJECTION OF FUTURE SEA
LEVEL CONDITIONS DEEMED SATISFACTORY BY THE COMMISSIONER;
(2) PROJECTED TO EXPERIENCE FLOODING ACCORDING TO THE FEDERAL EMERGEN-
CY MANAGEMENT AGENCY'S FIVE HUNDRED YEAR FLOODPLAIN MAPS FOR FLOOD ZONE
DESIGNATIONS, OR ANY OTHER SCIENCE-BASED PROJECTION OF FUTURE FLOODING
CONDITIONS DEEMED SATISFACTORY BY THE COMMISSIONER; OR
(3) THAT IS DESIGNATED AS A CRITICAL ENVIRONMENTAL AREA BY THE DEPART-
MENT;
(IV) COMPLETE A PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) PURSUANT
TO THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND
LIABILITY ACT (42 U.S.C. CHAPTER 103), AND COMPLETE TESTING FOR LEAD
WATER AND PAINT, ASBESTOS, AND RADON, THE RESULTS OF WHICH SHALL BE
SUBMITTED BY THE PROPOSED DEVELOPER OF SUCH ACTION TO THE LOCAL AGENCY
RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR SUCH ACTION;
(V) RECEIVE CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL PROFESSIONAL,
AS SUCH TERM IS DEFINED BY THE COMMISSIONER PURSUANT TO REGULATION, THAT
SUCH ACTION, AS PROPOSED, WILL NOT VIOLATE ANY STATE WETLAND LAWS OR
DRINKING WATER LAWS UNDER ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, OR
ANY RULES OR REGULATIONS PROMULGATED THERETO; AND
(VI) BE CERTIFIED UNDER:
(1) THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN BUILDING RATING
SYSTEM (LEED) PUBLISHED BY THE UNITED STATES GREEN BUILDING COUNCIL FOR
THE CATEGORY OF CERTIFIED GOLD, AT MINIMUM, AS DETERMINED BY A LEED
ACCREDITED PROFESSIONAL;
(2) ENTERPRISE GREEN COMMUNITIES REVIEW AND CERTIFICATION; OR
(3) PASSIVE HOUSE INSTITUTE PASSIVE HOUSE CERTIFICATION.
2. ACTIONS FOR CONSTRUCTION OF MULTIPLE DWELLINGS SUBJECT TO LIMITED
REVIEW. (A) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY,
ACTIONS FOR THE CONSTRUCTION OF NEW MULTIPLE DWELLINGS THAT ARE NOT
EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SUBDIVISION ONE OF THIS SECTION,
AND THAT ARE QUALIFYING ACTIONS, SHALL NOT BE SUBJECT TO ANY ENVIRON-
MENTAL REVIEW STANDARDS UNDER THIS ARTICLE, OR RULES OR REGULATIONS
PROMULGATED THERETO, THAT DO NOT CONSIST OF CORE ENVIRONMENTAL CONCERNS,
A. 4933--A 3
AS SUCH TERM SHALL BE DEFINED BY THE COMMISSIONER. TOPICS OF REVIEW THAT
SHALL BE EXEMPT UNDER THIS SUBDIVISION AS FAILING TO MEET THE STANDARD
OF CORE ENVIRONMENTAL CONCERNS SHALL INCLUDE, BUT NOT BE LIMITED TO,
TRAFFIC IMPACTS, CASTING OF SHADING OR SHADOWS, IMPACTS ON VIEWS FROM
NEIGHBORING BUILDINGS, CONSISTENCY WITH COMMUNITY CHARACTER, IMPACTS ON
NEIGHBORHOOD CHARACTER, AND THE RESOURCES OF LOCAL SCHOOL SYSTEMS;
EXCEPT THAT, IN THE CASE OF A DISADVANTAGED COMMUNITY, SUCH TOPICS OF
CONCERN MAY INCLUDE TRAFFIC IMPACTS AND THE RESOURCES OF LOCAL SCHOOL
SYSTEMS.
(B) TO BE DETERMINED AS A "QUALIFYING ACTION" UNDER PARAGRAPH (A) OF
THIS SUBDIVISION, SUCH ACTION SHALL:
(I) BE LOCATED IN A CENSUS TRACT DEFINED AS AN URBANIZED AREA OR AN
URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU;
(II) BE LOCATED ON PREVIOUSLY DISTURBED LAND;
(III) QUALIFY AS AFFORDABLE HOUSING, AS SHALL BE DETERMINED BY THE
DIVISION OF HOUSING AND COMMUNITY RENEWAL, RELATIVE TO THE MUNICIPALITY
OR COUNTY, AS SHALL BE DETERMINED BY THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL, IN WHICH IT IS LOCATED; AND
(IV) NOT BE LOCATED IN AN AREA:
(1) PROJECTED TO EXPERIENCE FLOODING AT GREATER THAN OR EQUAL TO SEA
LEVEL RISE OF FIVE FEET ACCORDING TO THE NATIONAL OCEANIC AND ATMOSPHER-
IC ADMINISTRATION, OR ANY OTHER SCIENCE-BASED PROJECTION OF FUTURE SEA
LEVEL CONDITIONS DEEMED SATISFACTORY BY THE COMMISSIONER;
(2) PROJECTED TO EXPERIENCE FLOODING ACCORDING TO THE FEDERAL EMERGEN-
CY MANAGEMENT AGENCY'S FIVE HUNDRED YEAR FLOODPLAIN MAPS FOR FLOOD ZONE
DESIGNATIONS, OR ANY OTHER SCIENCE-BASED PROJECTION OF FUTURE FLOODING
CONDITIONS DEEMED SATISFACTORY BY THE COMMISSIONER; OR
(3) THAT IS DESIGNATED AS A CRITICAL ENVIRONMENTAL AREA BY THE DEPART-
MENT.
3. MANDATORY REVIEW. EVERY ACTION THAT IS A QUALIFYING ACTION UNDER
SUBDIVISION ONE AND/OR TWO OF THIS SECTION, THAT IS CONDUCTED IN THIS
STATE, SHALL BE SUBJECTED TO A DETERMINATION OF WHETHER SUCH ACTION IS
EXEMPT UNDER SUBDIVISION ONE OF THIS SECTION, AND IF SUCH ACTION IS NOT
EXEMPT UNDER SUBDIVISION ONE OF THIS SECTION, WHETHER SUCH ACTION IS
EXEMPT UNDER SUBDIVISION TWO OF THIS SECTION.
4. HISTORIC SITES. AN ACTION OTHERWISE EXEMPT FROM ENVIRONMENTAL
REVIEW REQUIREMENTS UNDER SUBDIVISION ONE OF THIS SECTION MAY BE
REQUIRED TO UNDERGO ENVIRONMENTAL REVIEW PURSUANT TO THIS ARTICLE OR THE
RULES OR REGULATIONS PROMULGATED THERETO ON THE BASIS THAT SUCH ACTION
OCCURS WHOLLY OR PARTIALLY WITHIN A HISTORIC SITE, PROVIDED, HOWEVER
THAT SUCH ACTION AFFECTS A CONTRIBUTING PROPERTY WITHIN SUCH HISTORIC
SITE, AND PROVIDED FURTHER THAT SUCH ENVIRONMENTAL REVIEW IS LIMITED IN
ITS SCOPE TO SUCH CONTRIBUTING PROPERTY. AN ACTION SHALL NOT BE REQUIRED
TO UNDERGO AN ENVIRONMENTAL REVIEW UNDER THIS SUBDIVISION SOLELY ON THE
BASIS THAT SUCH ACTION IS SUBSTANTIALLY CONTIGUOUS TO A HISTORIC SITE,
OR LOCATED IN A NEIGHBORHOOD CONTAINING HISTORIC SITES.
5. WASTEWATER TREATMENT AND STORMWATER MANAGEMENT. (A) (I) AN ACTION
EXEMPT FROM ENVIRONMENTAL REVIEW REQUIREMENTS UNDER SUBDIVISION ONE OR
TWO OF THIS SECTION MAY PROVIDE PLANS TO THE APPROPRIATE LOCAL GOVERN-
MENTAL ENTITY THAT DEMONSTRATE THAT SUCH ACTION WILL HAVE ADEQUATE
WASTEWATER TREATMENT TO ACCOMMODATE THE COMPLETED ACTION FOR NO LESS
THAN THIRTY YEARS. SUCH ACTION MAY, ALTERNATIVELY, SUBMIT SUCH PLANS TO
THE DEPARTMENT. THE DEPARTMENT SHALL ESTABLISH A METHOD BY WHICH DEVEL-
OPERS OF PROPOSED ACTIONS MAY SUBMIT SUCH PLANS PURSUANT TO THIS PARA-
GRAPH. UPON SUBMISSION OF SUCH PLANS, THE LOCAL GOVERNMENTAL ENTITY OR
A. 4933--A 4
DEPARTMENT SHALL APPROVE OR DENY SUCH WASTEWATER TREATMENT PLANS NO
LATER THAN THIRTY DAYS AFTER SUBMISSION OF SUCH PLANS.
(II) IF INCREASED ONSITE WASTEWATER TREATMENT CAPACITY OR A TIE-IN TO
THE LOCAL PUBLIC SEWER SYSTEM IS NECESSARY TO IMPLEMENT THE ACTION, AND
BUILDING PERMITS ARE NEEDED TO IMPLEMENT SUCH WASTEWATER TREATMENT
CAPACITY INCREASE OR TIE-IN, THE LOCAL GOVERNMENTAL ENTITY RESPONSIBLE
FOR ISSUING SUCH BUILDING PERMITS SHALL NOT EXERCISE ITS DISCRETION OVER
ANY APPROVAL RELATING TO SUCH WASTEWATER TREATMENT CAPACITY INCREASE OR
TIE-IN IN A MANNER THAT WOULD INHIBIT, CHILL, OR PRECLUDE DEVELOPMENT OF
SUCH ACTION.
(B) AN ACTION EXEMPT FROM ENVIRONMENTAL REVIEW REQUIREMENTS UNDER
SUBDIVISION ONE OR TWO OF THIS SECTION SHALL BE REQUIRED TO MAINTAIN
COMPLIANCE WITH ALL LOCAL STORMWATER REGULATIONS.
6. DISADVANTAGED COMMUNITIES. THE DEPARTMENT SHALL REQUIRE, BY RULE OR
REGULATION, THAT ACTIONS FOR THE CONSTRUCTION OF NEW MULTIPLE DWELLINGS
THAT ARE NOT EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SUBDIVISION ONE OF
THIS SECTION SHALL NOT CONTRIBUTE MORE THAN A DE MINIMIS AMOUNT OF
POLLUTION OR ANY DISPROPORTIONATE POLLUTION BURDEN ON, OR CAUSE ANY
DISPLACEMENT OF RESIDENTS OF, A DISADVANTAGED COMMUNITY.
7. AUTHORITY OF THE COMMISSIONER. THE COMMISSIONER SHALL BE AUTHORIZED
TO CONSULT WITH ANY OTHER STATE OR LOCAL AGENCY AND TO PROMULGATE AND/OR
AMEND ANY RULES AND/OR REGULATIONS HE OR SHE SHALL DEEM NECESSARY FOR
THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
§ 3. Section 8-0105 of the environmental conservation law is amended
by adding five new subdivisions 11, 12, 13, 14 and 15 to read as
follows:
11. "HISTORIC SITE" MEANS A HISTORIC BUILDING, STRUCTURE, FACILITY,
SITE OR DISTRICT, OR PREHISTORIC SITE THAT IS LISTED ON THE NATIONAL
REGISTER OF HISTORIC PLACES (36 CFR PARTS 60 AND 63), OR THAT IS LISTED
ON THE STATE REGISTER OF HISTORIC PLACES OR THAT HAS BEEN DETERMINED BY
THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION TO BE
ELIGIBLE FOR LISTING ON THE STATE REGISTER OF HISTORIC PLACES PURSUANT
TO SECTION 14.07 OR 14.09 OF THE PARKS, RECREATION AND HISTORIC PRESER-
VATION LAW.
12. "CONTRIBUTING PROPERTY" MEANS A BUILDING, STRUCTURE, FACILITY, OR
SITE LOCATED WITHIN A HISTORIC SITE THAT WHOLLY OR PARTIALLY CONTRIBUTES
TO SUCH DESIGNATION AS A HISTORIC SITE.
13. "DWELLING" MEANS ANY BUILDING OR STRUCTURE OR PORTION THEREOF
WHICH IS OCCUPIED OR INTENDED TO BE OCCUPIED IN WHOLE OR IN PART AS THE
HOME, RESIDENCE, OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS.
14. "MULTIPLE DWELLING" MEANS A DWELLING THAT IS EITHER RENTED,
LEASED, LET OR HIRED OUT, OR SOLD, TO BE OCCUPIED, OR IS OCCUPIED AS THE
RESIDENCE OR HOME OF FOUR OR MORE SEPARATE INDIVIDUALS OR GROUPS OF
INDIVIDUALS LIVING INDEPENDENTLY OF EACH OTHER, INCLUDING, BUT NOT
LIMITED TO, APARTMENTS, CONDOMINIUMS, AND TOWNHOUSES. A "MULTIPLE DWELL-
ING" SHALL NOT BE DEEMED TO INCLUDE A CLASS B MULTIPLE DWELLING AS
DEFINED BY SECTION FOUR OF THE MULTIPLE DWELLING LAW, OR A HOSPITAL,
CONVENT, MONASTERY, RESIDENTIAL CARE FACILITY, OR A BUILDING USED WHOLLY
FOR COMMERCIAL PURPOSES.
15. "RESIDENTIAL UNIT" MEANS A ROOM OR GROUP OF ROOMS WITHIN A MULTI-
PLE DWELLING THAT IS DESIGNATED AS THE LIVING QUARTERS FOR AN INDIVIDUAL
OR GROUP OF INDIVIDUALS LIVING INDEPENDENTLY FROM OTHER INDIVIDUALS
OCCUPYING SUCH MULTIPLE DWELLING.
16. "PREVIOUSLY DISTURBED LAND" SHALL MEAN A PARCEL OR LOT OF LAND
THAT WAS OCCUPIED OR FORMERLY OCCUPIED BY A BUILDING OR OTHERWISE
A. 4933--A 5
IMPROVED OR UTILIZED ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION,
AND WAS NOT MOST RECENTLY USED FOR COMMERCIAL AGRICULTURAL PURPOSES.
§ 4. Section 600 of the public housing law is amended by adding a new
subdivision 6 to read as follows:
6. A COVERED HOUSING AGENCY IN THIS STATE SHALL BE SUBJECT, AS APPLI-
CABLE, TO THE PROVISIONS OF ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVA-
TION LAW AND ANY RULES AND/OR REGULATIONS PROMULGATED THERETO.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.