NY State Senate Bill 2025-S2084

Senate Bill S2084

2025-2026 Legislative Session

Relates to requiring municipalities to determine whether it is in the public interest to create and periodically update a comprehensive plan

download bill text pdf

Current 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 28, 2025	referred to local governments delivered to assembly passed senate
May 19, 2025	advanced to third reading
May 15, 2025	2nd report cal.
May 14, 2025	1st report cal.1104
Jan 15, 2025	referred to local government

Votes

- May 28, 2025 - Floor Vote
  S2084
  
  55
  
  Aye
  
  6
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 28, 2025
      
      aye (55)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Baskin
      
      Borrello
      
      Brisport
      
      Brouk
      
      Bynoe
      
      Chan
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fahy
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Martinez
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Sutton
      
      Tedisco
      
      Webb
      
      nay (6)
      
      Canzoneri-Fitzpatrick
      
      Griffo
      
      Rhoads
      
      Walczyk
      
      Weber
      
      Weik
      
      excused (2)
      
      Martins
      
      Myrie
      
      The following Member(s) participated via videoconferencing: Brouk
  May 14, 2025 - Local Government Committee Vote
  S2084
  
  4
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: May 14, 2025
      
      aye (4)
      
      Baskin
      
      Fahy
      
      Martinez
      
      Skoufis
      
      aye wr (2)
      
      Rolison
      
      Weik
      
      excused (1)
      
      Brouk

2025-S2084 (ACTIVE) - Details

See Assembly Version of this Bill:: A49
Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Amd §239-d, Gen Muni L; amd §28-a, add Art 3 Art Head, Gen City L; amd §272-a, Town L; amd §7-722, Vil L
Versions Introduced in 2023-2024 Legislative Session:: S9073, A8904

2025-S2084 (ACTIVE) - Summary

Requires municipalities to determine whether it is in the public interest to create a comprehensive plan adapted to the special requirements of the municipality and to determine whether it is in the public interest to update such comprehensive plan at least once every ten years to ensure that such plan addresses housing needs.

2025-S2084 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2084

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the general municipal law, the general city law, the
town law and the village law, in relation to requiring municipalities to
determine whether it is in the public interest to create and period-
ically update a comprehensive plan to ensure that it addresses housing
needs

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require municipalities to determine whether it is in the
public interest to create and periodically update a comprehensive plan.

 
SUMMARY OF PROVISIONS:

Section 1 amends the general municipal law to empower the county legis-
lative body, or by resolution of such body the planning board or a
special board, to determine whether it is in the public interest to
prepare a proposed county comprehensive plan, amendments thereto and

updates thereof.

Section 2 amends the general city law to empower the city legislative
body, or by resolution of such body the planning board or a special
board, to determine whether it is in the public interest to prepare a
proposed county comprehensive plan, amendments thereto and updates ther-
eof.

Section 3 amends the town law to empower the town legislative body, or
by resolution of such body the planning board or a special board, to
determine whether it is in the public interest to prepare a proposed
county comprehensive plan, amendments thereto and updates thereof.

Section 4 amends the village law to empower the village legislative
body, or by resolution of such body the planning board or a special
board, to determine whether it is in the public interest to prepare a
proposed county comprehensive plan, amendments thereto and updates ther-
eof.

Section 5 amends the general city law to add a new article heading
"Zoning and Planning."

Section 6 requires that any municipality that does not have a comprehen-
sive plan shall develop one no later than January 1, 2029, and any muni-
cipality that has a comprehensive plan shall revise and update their
plan no later than January 1, 2029.

Section 7 sets forth the effective date.

 
JUSTIFICATION:

This bill encourages counties, cities, towns, and villages to update
existing comprehensive plans or adopt comprehensive plans if none exists
based on a determination whether it is in the public interest to do so.
This legislative initiative recognizes the importance of utilizing plan-
ning to accommodate the ever-changing needs of localities, of signif-
icant importance now in addressing the dire need for new housing. By
incorporating housing needs into the comprehensive planning process, the
bill emphasizes the critical role of addressing affordability, accessi-
bility, and suitability of housing options to ensure the long-term well-
being of residents.

The justification for this bill lies in its commitment to the public
interest, allowing local communities the autonomy to assess and, if
necessary, adjust their comprehensive plans in response to evolving
circumstances. Encouraging community engagement, the bill ensures that
residents actively participate in shaping policy, fostering a more tran-
sparent and responsive local governance model. The emphasis on the
public interest also extends to fostering collaboration among munici-
palities, contributing to a more coordinated approach to regional devel-
opment that considers shared housing challenges and opportunities.

 
PRIOR LEGISLATIVE HISTORY:

2024: S9073 (Kavanagh) - REFERRED TO LOCAL GOVERNMENT: /A8904 (Burdick)
referred to local governments

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S2084 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2084
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2025
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law, the  general  city  law,  the
   town  law and the village law, in relation to requiring municipalities
   to determine whether it is in the public interest to create and  peri-
   odically update a comprehensive plan to ensure that it addresses hous-
   ing needs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2, 8, 9 and 10 of section 239-d of the general
 municipal law, as added by chapter 451 of the laws of 1997, are  amended
 to read as follows:
   2.  Preparation. The county legislative body, or by resolution of such
 body the planning board or a special board, [may] SHALL DETERMINE WHETH-
 ER IT IS IN THE PUBLIC INTEREST TO prepare a proposed county  comprehen-
 sive  plan  [and], amendments thereto AND UPDATES THEREOF TO ENSURE THAT
 IT ADDRESSES HOUSING NEEDS.  In the event the planning board or  special
 board  is directed to prepare a proposed comprehensive plan or amendment
 thereto OR UPDATE THEREOF TO ENSURE THAT  IT  ADDRESSES  HOUSING  NEEDS,
 such  board shall, by resolution, recommend such proposed plan or amend-
 ment to the county legislative body.
   8. Filing of adopted county comprehensive  plan.  The  adopted  county
 comprehensive plan [and], any amendments thereto AND ALL UPDATES THEREOF
 shall  be filed in the office of the county clerk or register and a copy
 thereof filed in the office of  the  county  planning  board,  with  the
 secretary of state, as well as with the clerk of each municipality with-
 in the county.
   9.  Effect  of  adoption.  (a) All county land acquisitions and public
 improvements, including those identified  in  the  county  official  map
 adopted or amended pursuant to this article, shall be in accordance with
 a county comprehensive plan[, if one exists].
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00033-01-5

 S. 2084                             2
 
   (b)  All plans for capital projects of a municipality or state govern-
 mental agency on land included in the county comprehensive plan  adopted
 pursuant to this section shall take such plan into consideration.
   10.  Periodic  review. The county legislative body shall provide, as a
 component of such proposed county comprehensive plan, the maximum inter-
 vals at which the adopted plan shall  be  reviewed;  PROVIDED,  HOWEVER,
 THAT  THE COUNTY LEGISLATURE SHALL DETERMINE WHETHER IT IS IN THE PUBLIC
 INTEREST TO UPDATE THE COMPREHENSIVE PLAN AT LEAST ONCE  IN  EVERY  TEN-
 YEAR PERIOD TO ENSURE THAT IT ADDRESSES HOUSING NEEDS.
   §  2.    Subdivisions 5, 11 and 13 of section 28-a of the general city
 law, as added by chapter 418 of the laws of 1995, are amended to read as
 follows:
   5. Preparation. The legislative body of the city, or by resolution  of
 such  body, the planning board or a special board, [may] SHALL DETERMINE
 WHETHER IT IS IN THE PUBLIC INTEREST TO prepare a proposed city  compre-
 hensive  plan  [and],  amendments  thereto AND UPDATES THEREOF TO ENSURE
 THAT IT ADDRESSES HOUSING NEEDS. In the  event  the  planning  board  or
 special  board  is  directed to prepare a proposed comprehensive plan or
 amendment thereto OR UPDATE THEREOF TO ENSURE THAT IT ADDRESSES  HOUSING
 NEEDS,  such board shall, by resolution, recommend such proposed plan or
 amendment to the legislative body of the city.
   11. Periodic review. The legislative body of the city  shall  provide,
 as  a  component of such proposed comprehensive plan, the maximum inter-
 vals at which the adopted plan shall  be  reviewed;  PROVIDED,  HOWEVER,
 THAT  THE  LEGISLATIVE BODY OF THE CITY SHALL DETERMINE WHETHER IT IS IN
 THE PUBLIC INTEREST TO UPDATE THE COMPREHENSIVE PLAN AT  LEAST  ONCE  IN
 EVERY TEN-YEAR PERIOD TO ENSURE THAT IT ADDRESSES HOUSING NEEDS.
   13.  Filing of city comprehensive plan. The adopted city comprehensive
 plan [and], any amendments thereto AND  ALL  UPDATES  THEREOF  shall  be
 filed  in the office of the city clerk and a copy thereof shall be filed
 in the office of the county planning agency.
   § 3.  Subdivisions 4, 10 and 12 of section 272-a of the town  law,  as
 added  by  chapter  418  of  the  laws  of  1995, are amended to read as
 follows:
   4. Preparation. The town board, or by resolution of such  town  board,
 the  planning board or a special board, [may] SHALL DETERMINE WHETHER IT
 IS IN THE PUBLIC INTEREST TO prepare a proposed town comprehensive  plan
 [and],  amendments  thereto  AND  UPDATES  THEREOF  TO  ENSURE  THAT  IT
 ADDRESSES HOUSING NEEDS. In the event  the  planning  board  or  special
 board  is directed to prepare a proposed comprehensive plan or amendment
 thereto OR UPDATE THEREOF TO ENSURE THAT  IT  ADDRESSES  HOUSING  NEEDS,
 such  board shall, by resolution, recommend such proposed plan or amend-
 ment to the town board.
   10. Periodic review. The town board shall provide, as a  component  of
 such  proposed  comprehensive  plan,  the maximum intervals at which the
 adopted plan shall be reviewed; PROVIDED, HOWEVER, THAT THE  TOWN  BOARD
 SHALL  DETERMINE  WHETHER  IT  IS  IN  THE PUBLIC INTEREST TO UPDATE THE
 COMPREHENSIVE PLAN AT LEAST ONCE IN EVERY TEN-YEAR PERIOD TO ENSURE THAT
 IT ADDRESSES HOUSING NEEDS.
   12. Filing of town comprehensive plan. The adopted town  comprehensive
 plan  [and],  any  amendments  thereto  AND ALL UPDATES THEREOF shall be
 filed in the office of the town clerk and a copy thereof shall be  filed
 in the office of the county planning agency.
   §  4.   Subdivisions 4, 10 and 12 of section 7-722 of the village law,
 as added by chapter 418 of the laws of 1995,  are  amended  to  read  as
 follows:
 S. 2084                             3
 
   4.  Preparation.  The  village  board of trustees, or by resolution of
 such village board of trustees, the planning board or a  special  board,
 [may]  SHALL DETERMINE WHETHER IT IS IN THE PUBLIC INTEREST TO prepare a
 proposed  village  comprehensive  plan  [and],  amendments  thereto  AND
 UPDATES  THEREOF TO ENSURE THAT IT ADDRESSES HOUSING NEEDS. In the event
 the planning board or special board is directed to  prepare  a  proposed
 comprehensive plan or amendment thereto OR UPDATE THEREOF TO ENSURE THAT
 IT  ADDRESSES  HOUSING NEEDS, such board shall, by resolution, recommend
 such proposed plan or amendment to the village board of trustees.
   10. Periodic review. The village board shall provide, as  a  component
 of  such proposed comprehensive plan, the maximum intervals at which the
 adopted plan shall be reviewed;  PROVIDED,  HOWEVER,  THAT  THE  VILLAGE
 BOARD  OF  TRUSTEES SHALL DETERMINE WHETHER IT IS IN THE PUBLIC INTEREST
 TO UPDATE THE COMPREHENSIVE PLAN AT LEAST ONCE IN EVERY TEN-YEAR  PERIOD
 TO ENSURE THAT IT ADDRESSES HOUSING NEEDS.
   12.  Filing of village comprehensive plan. The adopted village compre-
 hensive plan [and], any amendments thereto AND ALL UPDATES THEREOF shall
 be filed in the office of the village clerk and a copy thereof shall  be
 filed in the office of the county planning agency.
   §  5.  Article  3  of  the general city law is amended by adding a new
 article heading to read as follows:
                             ZONING AND PLANNING
 
   § 6.  Any municipality that does not have  a  comprehensive  plan  for
 such  municipality shall develop one no later than January 1, 2030 if it
 is determined to be in the public interest. Any municipality that has  a
 comprehensive  plan  for  such municipality that was developed more than
 ten years prior to the effective date  of  this  act  shall  revise  and
 update such comprehensive plan to ensure that it addresses housing needs
 no later than January 1, 2030.
   § 7.  This act shall take effect immediately.

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