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This entry was published on 2015-03-27
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SECTION 6-0107
State smart growth public infrastructure criteria
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 6
§ 6-0107. State smart growth public infrastructure criteria.

1. In addition to meeting other criteria and requirements of law
governing approval, development, financing and state aid for the
construction of new or expanded public infrastructure or the
reconstruction thereof, no state infrastructure agency shall approve,
undertake, support or finance a public infrastructure project, including
providing grants, awards, loans or assistance programs, unless, to the
extent practicable, it is consistent with the relevant criteria
specified in subdivision two of this section.

2. The following are the state smart growth public infrastructure
criteria:

a. to advance projects for the use, maintenance or improvement of
existing infrastructure;

b. to advance projects located in municipal centers;

c. To advance projects in developed areas or areas designated for
concentrated infill development in a municipally approved comprehensive
land use plan, local waterfront revitalization plan and/or brownfield
opportunity area plan;

d. to protect, preserve and enhance the state's resources, including
agricultural land, forests, surface and groundwater, air quality,
recreation and open space, scenic areas, and significant historic and
archeological resources;

e. to foster mixed land uses and compact development, downtown
revitalization, brownfield redevelopment, the enhancement of beauty in
public spaces, the diversity and affordability of housing in proximity
to places of employment, recreation and commercial development and the
integration of all income and age groups;

f. to provide mobility through transportation choices including
improved public transportation and reduced automobile dependency;

g. to coordinate between state and local government and intermunicipal
and regional planning;

h. to participate in community based planning and collaboration;

i. to ensure predictability in building and land use codes; and

j. to promote sustainability by strengthening existing and creating
new communities which reduce greenhouse gas emissions and 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.

k. to mitigate future physical climate risk due to sea level rise,
and/or storm surges and/or flooding, based on available data predicting
the likelihood of future extreme weather events, including hazard risk
analysis data if applicable.

3. Before making any commitment, including entering into an agreement
or incurring any indebtedness for the purpose of acquiring,
constructing, or financing any project covered by the provisions of this
article, the chief executive officer of a state infrastructure agency
shall attest in a written smart growth impact statement that the
project, to the extent practicable, meets the relevant criteria set
forth in subdivision two of this section, unless in any respect the
project does not meet such criteria or compliance is considered to be
impracticable, which shall be detailed in a statement of justification.

4. Nothing in this section shall contravene any federal law governing
the expenditure of disbursement of federal infrastructure funding
administered by the state.