S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6283--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2025
                                ___________
 
 Introduced by M. of A. KELLES, SIMONE, BICHOTTE HERMELYN, LASHER, SHRES-
   THA,  EPSTEIN  --  read once and referred to the Committee on Environ-
   mental Conservation -- committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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 WITH RESPECT TO THE CONSTRUCTION OF A NEW MULTIPLE  DWELLING  OR
 MORE THAN ONE CONTIGUOUS MULTIPLE DWELLINGS, INCLUDING BUILDING PERMITS,
 VARIANCES,  SUBDIVISION  APPROVALS, SITE PLAN APPROVALS, AND ZONING TEXT
 AMENDMENTS, 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 REQUIREMENTS UNDER THIS ARTICLE
 OR ANY RULES OR REGULATIONS PROMULGATED PURSUANT HERETO:
   (I) FEWER THAN TEN TOTAL RESIDENTIAL UNITS IN MUNICIPALITIES THAT HAVE
 NOT ADOPTED ZONING OR SUBDIVISION REGULATIONS;
   (II) FEWER THAN FIFTY TOTAL RESIDENTIAL UNITS IN A BUILDING  IN  WHICH
 NO  MORE THAN TWENTY PERCENT OF THE FLOOR AREA CONSISTS OF COMMERCIAL OR
 COMMUNITY FACILITY USES, NOT TO BE  CONNECTED  AT  THE  COMMENCEMENT  OF
 HABITATION  TO  EXISTING  COMMUNITY OR PUBLIC WATER AND SEWERAGE SYSTEMS
 INCLUDING SEWAGE TREATMENT WORKS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03754-06-5
 A. 6283--A                          2
              

 
   (III) IN A CITY, TOWN, OR VILLAGE HAVING A POPULATION OF NINETY  THOU-
 SAND  PERSONS OR LESS, FEWER THAN TWO HUNDRED TOTAL RESIDENTIAL UNITS IN
 A BUILDING IN WHICH NO MORE  THAN  TWENTY  PERCENT  OF  THE  FLOOR  AREA
 CONSISTS OF COMMERCIAL OR COMMUNITY FACILITY USES 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  GREATER  THAN
 NINETY THOUSAND BUT LESS THAN ONE MILLION, FEWER THAN FIVE HUNDRED TOTAL
 RESIDENTIAL  UNITS IN A BUILDING IN WHICH NO MORE THAN TWENTY PERCENT OF
 THE FLOOR AREA CONSISTS OF COMMERCIAL OR COMMUNITY FACILITY USES  TO  BE
 CONNECTED  AT  THE  COMMENCEMENT  OF HABITATION TO EXISTING COMMUNITY OR
 PUBLIC WATER AND SEWERAGE SYSTEMS INCLUDING SEWAGE TREATMENT WORKS; OR
   (V) IN A CITY HAVING A POPULATION OF  ONE  MILLION  OR  MORE  PERSONS,
 FEWER  THAN  ONE THOUSAND TOTAL RESIDENTIAL UNITS IN A BUILDING IN WHICH
 NO MORE THAN TWENTY PERCENT OF THE FLOOR AREA CONSISTS OF COMMERCIAL  OR
 COMMUNITY  FACILITY  USES TO BE CONNECTED AT THE COMMENCEMENT OF HABITA-
 TION TO EXISTING COMMUNITY OR PUBLIC WATER AND SEWERAGE SYSTEMS  INCLUD-
 ING SEWAGE TREATMENT WORKS.
   (B)  TO  BE DETERMINED AS A "QUALIFYING ACTION" UNDER PARAGRAPH (A) OF
 THIS SUBDIVISION, SUCH MULTIPLE DWELLING SHALL:
   (I) BE LOCATED IN A CENSUS TRACT DEFINED AS AN URBANIZED  AREA  OR  AN
 URBAN  CLUSTER BY THE FEDERAL CENSUS BUREAU OR IN A VILLAGE WITH A MINI-
 MUM POPULATION DENSITY OF ONE THOUSAND PEOPLE PER SQUARE MILE;
   (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 IN THE EVENT OF SEA LEVEL RISE
 GREATER THAN OR EQUAL TO THE HIGH-MEDIUM PROJECTION BY  YEAR  TWENTY-ONE
 HUNDRED  AS  SET  FORTH  IN  REGULATIONS PROMULGATED PURSUANT TO SECTION
 3-0319 OF THIS CHAPTER, OR ANY OTHER SCIENCE-BASED PROJECTION OF  FUTURE
 SEA LEVEL CONDITIONS DEEMED SATISFACTORY BY THE COMMISSIONER;
   (2) DESIGNATED AS A SPECIAL FLOOD HAZARD AREA BY THE FEDERAL EMERGENCY
 MANAGEMENT AGENCY, PROVIDED THAT THIS PROVISION SHALL NOT APPLY TO MUNI-
 CIPALITIES THAT HAVE ADOPTED A BUILDING CODE THAT MITIGATES FLOOD HAZARD
 RISK  BY  REQUIRING NEW CONSTRUCTION TO BE ELEVATED ABOVE THE BASE FLOOD
 ELEVATION AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY; OR
   (3) DESIGNATED AS A CRITICAL ENVIRONMENTAL AREA BY THE DEPARTMENT;
   (V) COMPLETE A PHASE I ENVIRONMENTAL  SITE  ASSESSMENT  IN  ACCORDANCE
 WITH ALL APPROPRIATE INQUIRIES REGULATIONS OF THE UNITED STATES ENVIRON-
 MENTAL  PROTECTION  AGENCY UNDER THE FEDERAL COMPREHENSIVE ENVIRONMENTAL
 RESPONSE,  COMPENSATION AND LIABILITY  ACT  (TITLE FORTY OF THE CODE  OF
 FEDERAL  REGULATIONS,  SECTION 312), AND COMPLETE TESTING FOR LEAD WATER
 AND PAINT, ASBESTOS, AND RADON, THE RESULTS OF WHICH SHALL BE  SUBMITTED
 BY  THE PROPOSED DEVELOPER OF SUCH MULTIPLE DWELLING TO THE LOCAL AGENCY
 RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR  SUCH  MULTIPLE
 DWELLING. IF THE PHASE I ENVIRONMENTAL SITE ASSESSMENT IDENTIFIES CONDI-
 TIONS  INDICATIVE  OF  RELEASES  OR  THREATENED  RELEASES  OF  HAZARDOUS
 SUBSTANCES, THE PROPOSED DEVELOPER SHALL CONDUCT SUCH PHYSICAL  SAMPLING
 AND  TESTING  AS  IS  NECESSARY  TO  ASCERTAIN THE PRESENCE OF HAZARDOUS
 SUBSTANCES. IF SUCH TESTING FINDS CONTAMINATION THAT EXCEEDS  ACCEPTABLE
 LEVELS  OF  CONTAMINANTS FOR RESIDENTIAL USE AS SET FORTH IN REGULATIONS
 PROMULGATED PURSUANT TO TITLES THIRTEEN AND FOURTEEN OF ARTICLE  TWENTY-
 SEVEN  AND  TITLE  FIVE OF ARTICLE FIFTY-SIX OF THIS CHAPTER AND RELATED
 A. 6283--A                          3
 
 REGULATIONS GOVERNING ENVIRONMENTAL REMEDIATION,  THE  PROPOSED  PROJECT
 SHALL  EITHER  (1) OBTAIN A WRITTEN SIGNOFF FROM THE LEAD AGENCY THAT NO
 FURTHER ENVIRONMENTAL INVESTIGATION  IS  REQUIRED  OR  THAT  A  PLAN  TO
 ADDRESS  ANY  HAZARDOUS MATERIALS IS ACCEPTABLE; OR (2) CONSENT THAT THE
 DEVELOPMENT SITE WILL BE DEVELOPED PURSUANT TO  A  REGULATORY  AGREEMENT
 WITH  A  GOVERNMENT  AGENCY WITH APPROPRIATE PROTECTIONS AND DEVELOPMENT
 OVERSIGHT REQUIREMENTS. NOTHING IN THIS SUBPARAGRAPH SHALL BE DEEMED  TO
 EXEMPT  ANY SUCH SITE FROM APPLICABLE PROVISIONS OF ARTICLE TWENTY-SEVEN
 OR TITLE FIVE OF ARTICLE  FIFTY-SIX  OF  THIS  CHAPTER,  OR  OTHER  LAWS
 GOVERNING HAZARDOUS WASTE AND THE PRESENCE OF HAZARDOUS SUBSTANCES;
   (VI)  RECEIVE  A  WRITTEN CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL
 PROFESSIONAL, AS SUCH TERM SHALL BE DEFINED BY THE DEPARTMENT  IN  REGU-
 LATION, THAT THE CONSTRUCTION OF SUCH MULTIPLE DWELLING WILL NOT VIOLATE
 ANY  STATE  WETLAND  LAWS  UNDER ARTICLES TWENTY-FOUR AND TWENTY-FIVE OF
 THIS CHAPTER, OR ANY RULES OR REGULATIONS PROMULGATED THERETO;
   (VII) RECEIVE A WRITTEN CERTIFICATION FROM A  QUALIFIED  PROFESSIONAL,
 AS  SUCH  TERM  SHALL  BE  DEFINED BY THE DEPARTMENT IN REGULATION, THAT
 CONSTRUCTION OF SUCH MULTIPLE DWELLING, AS PROPOSED,  WILL  NOT  VIOLATE
 ANY  DRINKING  WATER LAWS UNDER ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW,
 OR ANY RULES OR REGULATIONS PROMULGATED THERETO; AND
   (VIII) RECEIVE CERTIFICATION BY AN ARCHITECT  LICENSED  BY  THE  STATE
 THAT THE BUILDING HAS BEEN DESIGNED TO MEET ONE OR MORE OF THE FOLLOWING
 BUILDING STANDARDS:
   (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;
   (3) PASSIVE HOUSE INSTITUTE PASSIVE HOUSE CERTIFICATION;
   (4) FOSSIL FUEL FREE BUILDING STANDARDS  UNDER  SUBDIVISIONS  SIX  AND
 SEVEN  OF  SECTION  11-104 OF THE ENERGY LAW AND SUBDIVISION NINETEEN OF
 SECTION THREE HUNDRED SEVENTY-EIGHT OF THE EXECUTIVE LAW; OR
   (5) IN MUNICIPALITIES THAT HAVE OPTED IN, THE NEW YORK STRETCH CODE AS
 DEVELOPED BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
 TY.
   2. ACTIONS WITH RESPECT TO CONSTRUCTION OF MULTIPLE DWELLINGS  SUBJECT
 TO  LIMITED  REVIEW.  (A) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO
 THE CONTRARY, ACTIONS WITH RESPECT TO THE CONSTRUCTION OF  NEW  MULTIPLE
 DWELLINGS  THAT  ARE NOT EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SUBDIVI-
 SION ONE OF THIS SECTION, AND THAT ARE QUALIFYING ACTIONS, SHALL NOT  BE
 SUBJECT  TO  ANY  ENVIRONMENTAL  REVIEW STANDARDS UNDER THIS ARTICLE, OR
 RULES OR REGULATIONS PROMULGATED THERETO, THAT DO NOT  CONSIST  OF  CORE
 ENVIRONMENTAL  CONCERNS, AS SUCH TERM SHALL BE DEFINED BY THE DEPARTMENT
 IN REGULATION. TOPICS OF REVIEW THAT SHALL BE EXEMPT UNDER THIS SUBDIVI-
 SION AS FAILING TO MEET THE  STANDARD  OF  CORE  ENVIRONMENTAL  CONCERNS
 SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO, 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  THE  RESOURCES  OF  LOCAL  SCHOOL
 SYSTEMS.
   (B)  TO  BE DETERMINED AS A "QUALIFYING ACTION" UNDER PARAGRAPH (A) OF
 THIS SUBDIVISION, THE PROPOSED MULTIPLE DWELLING 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;
 A. 6283--A                          4
 
   (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 IN THE EVENT OF SEA LEVEL RISE
 GREATER THAN OR EQUAL TO THE HIGH-MEDIUM PROJECTION BY  YEAR  TWENTY-ONE
 HUNDRED  AS  SET  FORTH  IN  REGULATIONS PROMULGATED PURSUANT TO SECTION
 3-0319 OF THIS CHAPTER,  OR ANY OTHER SCIENCE-BASED PROJECTION OF FUTURE
 SEA LEVEL CONDITIONS DEEMED SATISFACTORY BY THE COMMISSIONER;
   (2) DESIGNATED AS A SPECIAL FLOOD HAZARD AREA BY THE FEDERAL EMERGENCY
 MANAGEMENT AGENCY, PROVIDED THAT THIS PROVISION SHALL NOT APPLY TO MUNI-
 CIPALITIES THAT HAVE ADOPTED A BUILDING CODE THAT MITIGATES FLOOD HAZARD
 RISK BY REQUIRING NEW CONSTRUCTION TO BE ELEVATED ABOVE THE  BASE  FLOOD
 ELEVATION AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY ; OR
   (3) DESIGNATED AS A CRITICAL ENVIRONMENTAL AREA BY THE DEPARTMENT.
   3.  MANDATORY REVIEW.   EVERY ACTION THAT IS A QUALIFYING ACTION UNDER
 SUBDIVISION ONE OR TWO OF THIS SECTION SHALL BE SUBJECTED TO A  DETERMI-
 NATION  BY  THE  LOCAL  PERMITTING  AUTHORITY  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. IF, AFTER SIXTY DAYS,  THE
 LOCAL  AGENCY  RESPONSIBLE  FOR APPROVING OR DENYING THE APPLICATION FOR
 SUCH MULTIPLE DWELLING HAS FAILED TO RETURN SUCH  A  DETERMINATION,  THE
 APPLICANT  MAY  APPEAL  TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
 FOR A DETERMINATION, AND IN SUCH CASE THE DIVISION SHALL RENDER A DETER-
 MINATION WITHIN SIXTY DAYS OF RECEIPT OF THE APPLICATION.
   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 PURSUANT HERETO ON THE BASIS  THAT  THE
 MULTIPLE  DWELLING  WOULD  BE  CONSTRUCTED  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 ENVI-
 RONMENTAL 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 THE PROPOSED MULTIPLE
 DWELLING WOULD BE  SUBSTANTIALLY  CONTIGUOUS  TO  A  HISTORIC  SITE,  OR
 LOCATED IN A NEIGHBORHOOD CONTAINING HISTORIC SITES.
   5.  WASTEWATER  TREATMENT  AND  STORMWATER  MANAGEMENT.  (A) AN ACTION
 EXEMPT FROM ENVIRONMENTAL REVIEW REQUIREMENTS UNDER SUBDIVISION  ONE  OR
 TWO  OF THIS SECTION MAY PROVIDE CONCEPT PLANS TO EITHER THE APPROPRIATE
 LOCAL GOVERNMENTAL ENTITY OR THE DEPARTMENT THAT  DEMONSTRATE  THAT  THE
 MULTIPLE DWELLING WILL HAVE ADEQUATE WASTEWATER TREATMENT TO ACCOMMODATE
 THE  COMPLETED  MULTIPLE  DWELLING  FOR  NO LESS THAN THIRTY YEARS.  THE
 DEPARTMENT SHALL ESTABLISH A METHOD  BY  WHICH  DEVELOPERS  OF  PROPOSED
 MULTIPLE  DWELLINGS MAY SUBMIT SUCH CONCEPT PLANS PURSUANT TO THIS PARA-
 GRAPH. UPON SUBMISSION OF SUCH CONCEPT  PLANS,  THE  LOCAL  GOVERNMENTAL
 ENTITY  OR  THE  DEPARTMENT,  AS  APPLICABLE, SHALL APPROVE OR DENY SUCH
 CONCEPT WASTEWATER TREATMENT PLANS  NO  LATER  THAN  THIRTY  DAYS  AFTER
 SUBMISSION OF SUCH PLANS.
   (B)  AN  ACTION  EXEMPT  FROM  ENVIRONMENTAL REVIEW REQUIREMENTS UNDER
 SUBDIVISION ONE OR TWO OF THIS SECTION SHALL  BE  REQUIRED  TO  MAINTAIN
 COMPLIANCE WITH ALL APPLICABLE STORMWATER REGULATIONS.
 A. 6283--A                          5
 
   6. DISADVANTAGED COMMUNITIES. THE DEPARTMENT SHALL REQUIRE, BY RULE OR
 REGULATION,  THAT QUALIFYING ACTIONS WITH RESPECT TO THE CONSTRUCTION OF
 NEW MULTIPLE DWELLINGS SHALL NOT:
   (A)  CONTRIBUTE  MORE  THAN  A  DE  MINIMIS AMOUNT OF POLLUTION OR ANY
 DISPROPORTIONATE POLLUTION BURDEN AFTER THE COMPLETION OF  CONSTRUCTION;
 OR
    (B)  DIRECTLY  DISPLACE  LOW-INCOME HOUSEHOLDS BY REDUCING, IN AGGRE-
 GATE, THEIR RESIDENTIAL HOUSING OPPORTUNITIES IN A DISADVANTAGED  COMMU-
 NITY.
   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 SUCH COMMISSIONER SHALL DEEM NECES-
 SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION; PROVIDED,
 HOWEVER, THAT THE DEPARTMENT AND THE DIVISION OF HOUSING  AND  COMMUNITY
 RENEWAL  SHALL  JOINTLY  PROMULGATE  SUCH  RULES AND REGULATIONS AS THEY
 SHALL DEEM NECESSARY FOR THE IMPLEMENTATION OF SUBDIVISION SIX  OF  THIS
 SECTION.
   8. THE PROPOSED DEVELOPER SHALL PROMPTLY PROVIDE TO THE DEPARTMENT AND
 TO  THE  LOCAL  AGENCY, AND SHALL PROMPTLY POST ON A PUBLICLY ACCESSIBLE
 WEBSITE, ALL CERTIFICATIONS FOR THE PROPOSED  DEVELOPER'S  PROJECT  THAT
 ARE  REQUIRED  BY  THIS SECTION, AND THE PHASE I SITE ASSESSMENT AND THE
 RESULTS OF ALL TESTING REQUIRED UNDER SUBPARAGRAPH (V) OF PARAGRAPH  (B)
 OF SUBDIVISION ONE OF THIS SECTION.
   §  3.  Section 8-0105 of the environmental conservation law is amended
 by adding six new subdivisions 11, 12, 13, 14, 15  and  16  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, OR HISTORIC BUILDINGS LISTED AS LANDMARKS BY  THE  NEW  YORK
 CITY LANDMARKS PRESERVATION COMMISSION.
   12.  "CONTRIBUTING PROPERTY" MEANS A BUILDING, STRUCTURE, FACILITY, OR
 SITE LOCATED WITHIN A HISTORIC SITE OR DISTRICT 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. 6283--A                          6
 
 IMPROVED  OR  UTILIZED  AT LEAST ONE YEAR PRIOR TO THE EFFECTIVE DATE OF
 THIS SUBDIVISION, AND WAS NOT MOST RECENTLY USED FOR COMMERCIAL AGRICUL-
 TURAL 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.