Bill S2165-2015

Exempts school districts from the requirements of smart growth

Exempts school districts from the requirements of smart growth.







An act to amend the environmental conservation law, in relation to the state smart growth public infrastructure criteria


To provide relief to school districts from the reporting requirements of the Smart Growth legislation.


Section 1: Amends § 6-0107(1) of the environmental conservation law to eliminate compliance with the smart growth legislation adopted as Chapter 433 of the Laws of 2010. Ch. 433 L. 2010

Section 2: Sets forth an immediate effective date.


Recent years have confronted school districts with unprecedented fiscal challenges. While the economic outlook for the state is steadily improving, it is a legislative priority to provide as much flexibility as possible to school districts to enable them to provide the high quality education we have come to expect for our students. While there are many requirements imposed on school districts that provide educational value, others continue to constrain the creativity of a district to provide services to students and relief to taxpayers.

In 2010, the "Smart Growth" legislation was enacted to curtail concerns or urban sprawl. This legislation applied to all municipalities, including school districts. One of the main tenets of the legislation was to encourage the reuse of existing infrastructure. According, to the New York State Education Department, almost 95% of school building projects involve the rehabilitation of existing, facilities for continued use as schools. Therefore, this bill eliminates an onerous administrative reporting requirement on both local school districts and the State Education Department.


2013-14: Passed Senate


Possible savings to local school districts and the New York State Education Department.




STATE OF NEW YORK ________________________________________________________________________ 2165 2015-2016 Regular Sessions IN SENATE January 21, 2015 ___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to the state smart growth public infrastructure criteria THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 6-0107 of the environmental conservation law, as added by chapter 433 of the laws of 2010, is amended to read as follows: 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 recon- struction thereof, no state infrastructure agency shall approve, under- take, 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 speci- fied in subdivision two of this section. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION OR ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRARY, PROJECTS FOR THE RECONSTRUCTION, RENOVATION, REPAIR OR IMPROVEMENT OF EXISTING PUBLIC SCHOOL FACILITIES OR EXISTING LIBRARY FACILITIES, AND PROJECTS FOR THE CONSTRUCTION OF NEW OR EXPANDED PUBLIC SCHOOL OR LIBRARY FACILITIES IN CITIES HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS OR MORE, SHALL NOT BE DEEMED PUBLIC INFRASTRUCTURE PROJECTS SUBJECT TO THE REQUIREMENTS OF THIS ARTI- CLE. S 2. This act shall take effect immediately.


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