Establishes the New York state smart growth interagency task force to provide municipalities with smart growth planning grants.
Sponsor: MARCELLINO Committee: FINANCE
Law Section: Executive Law
Law: Add Art 43 SS925 - 925-b, Exec L; amd S92-s, St Fin L
Law Section: Executive Law
Law: Add Art 43 SS925 - 925-b, Exec L; amd S92-s, St Fin L
- Jan 25, 2012: PRINT NUMBER 3494A
- Jan 25, 2012: AMEND AND RECOMMIT TO FINANCE
- Jan 4, 2012: REFERRED TO FINANCE
- Feb 23, 2011: REFERRED TO FINANCE
BILL NUMBER:S3494 TITLE OF BILL: An act to amend the executive law and the state finance law, in relation to establishing the New York state growth interagency task force PURPOSE: To establish the NYS Smart Growth Interagency Task Force to distribute smart growth planning grants to municipalities. SUMMARY OF PROVISIONS: This bill creates the Smart Growth Interagency Task Force made up of the Commissioners of the Departments of Environmental Conservation, Agriculture and Markets, Transportation, Parks, Recreation and Historic Preservation, Economic Development; the Secretary of State; President of the Environment Facilities Corporation; Chairs of the Urban Development Corporation and Housing Finance Agency; Commissioner of the Division of Housing and Community Renewal; President of the Energy Research and Development Authority; Speaker of the Assembly and Temporary President of the Senate. The Task Force will be co-chaired by the Secretary of State and Urban Development Corporation. The Task Force shall distribute smart growth planning grants to municipalities. Grants shall be available for Community vision planning, agriculture retention and farmland preservation planning, and transit oriented design planning. Grant applications shall be reviewed based on the applicant's partnerships with other organizations, effect use of grant funds, opportunity to leverage other funding sources, commitment to smart growth principles, and ability to carry out the resulting plan. JUSTIFICATION: Our State has been a leader in protecting the environment along with increasing economic activity. Unfortunately, local governments actions with planning and zoning, and funding of State infrastructure have created land use and settlement that expands expensive infrastructure with new roadways, water supplies, sewer treatment facilities, utilities and other public facilities with a great cost to the taxpayer and the ratepayer. These actions have resulted in the underutilization and economical suffering of traditional main street, downtown areas and established suburbs. To reverse these trends, there needs to be a focus on sound planned growth by local governments. Such a collaborative community based effort, called smart growth, creates a viable plan reflecting the economic, social and environmental needs of the municipality and the region. Areas with previous development and existing infrastructure will receive the support and encourage from local governments for new development. Intelligent land use planning requires coordination and consistency among all levels of government. In order to promote regional goals, it is time for the state and local governments to work together to achieve efficient and effective infrastructure investment, consistency and fairness in land use decisions. This bill offers funding for smart growth planning to achieve an improved economy, a healthier environment and more livable State for all New Yorkers. LEGISLATIVE HISTORY: 2008: S.7524 2009-10: S.1115 FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011.
S T A T E O F N E W Y O R K ________________________________________________________________________ 3494 2011-2012 Regular Sessions I N SENATE February 23, 2011 ___________ Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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; 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07576-02-1 S. 3494 2 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 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 S. 3494 3 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. 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:
S. 3494 4 (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, 2011.