Bill S5560B-2009

Establishes the "state smart growth public infrastructure policy act"

Establishes the "state smart growth public infrastructure policy act"; provides privity in public funding for projects which use, maintain or improve existing infrastructure and which protect and preserve natural resources; establishes state smart growth public infrastructure criteria; authorizes each state infrastructure agency to create a smart growth advisory committee.

Details

Actions

  • Jun 18, 2010: SUBSTITUTED BY A8011B
  • Jun 18, 2010: ORDERED TO THIRD READING CAL.1038
  • Jun 15, 2010: REPORTED AND COMMITTED TO RULES
  • Jun 4, 2010: PRINT NUMBER 5560B
  • Jun 4, 2010: AMEND AND RECOMMIT TO FINANCE
  • May 11, 2010: PRINT NUMBER 5560A
  • May 11, 2010: AMEND AND RECOMMIT TO FINANCE
  • Apr 8, 2010: REPORTED AND COMMITTED TO FINANCE
  • Jan 6, 2010: REFERRED TO ENVIRONMENTAL CONSERVATION
  • May 15, 2009: REFERRED TO ENVIRONMENTAL CONSERVATION

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 18, 2010
Ayes (21): Smith, Espada, Stachowski, Montgomery, Duane, Hassell-Thompson, Krueger, Parker, Serrano, Stewart-Cousins, Dilan, Klein, Valesky, Skelos, Padavan, Volker, Farley, LaValle, Seward, Hannon, Larkin
Ayes W/R (1): Saland
Nays (1): Johnson O

Memo

BILL NUMBER:S5560B

TITLE OF BILL: An act to amend the environmental conservation law, in relation to establishing a state smart growth public infrastructure policy act

PURPOSE: To provide for state funding of infrastructure in a manner that is consistent with smart growth principles.

SUMMARY OF PROVISIONS: Section one of the bill adds a new article six to the environmental conservation law establishing the State Smart Growth Public Infrastructure Policy Act. Section 6-0103 defines smart growth criteria and "state infrastructure agencies," which include the Department of Transportation, the Department of Education, the New York State Housing Finance Agency, the Housing Trust Fund Corporation, the Environmental Facilities Corporation, the Dormitory Authority, and the New York State Urban Development Corporation. This act would require these state infrastructure agencies (SIA) to fund infrastructure in a manner that is consistent with smart growth criteria.

Section 6-0107 stipulates specific criteria for smart growth development, such as that no SIA shall approve, undertake, support, or finance a public infrastructure project unless it meets the established criteria. These agencies would advance funding to existing infrastructure and projects that are consistent with local governments' plans for development. The remaining criteria address community based planning, coordination among state and local governments, predictability in land use codes, and sustainability. Subsection three of this section requires the head of the SIA to confirm in a written Smart Growth Impact statement that the proposed project meets the smart growth criteria, or give reasons as to why it does not meet the criteria.

The Act would also provide that these agencies establish a smart growth advisory committee. Each committee will consist of existing personnel, designated by the chief operating officer of that agency to evaluate the proposed or existing project according to the smart growth criteria.

These committees must solicit the input and consult with representatives and environmental interests of the affected community.

This act shall take effect 30 days from the date it shall become law.

Consistent with case law, nothing in this legislation should be construed to mean that school building construction or renovation projects be subject to any local zoning laws or ordinances or subject to local planning boards or other mechanisms for local control.

JUSTIFICATION:

Sprawl is a problem that has exacerbated New York's financial crisis. The extension of infrastructure to areas that have traditionally been green fields have caused runaway expenditures and economic costs. This bill seeks to stop the bleeding by re-prioritizing state infrastructure expenditures.

New York State has a history of leading the way in protecting the environment, encouraging economic activity and pursuing equity for all of its citizens. However, state infrastructure funding decisions have supported settlement and land use patterns which necessitate expansive and expensive infrastructure resulting in new roadways, water supplies, sewer treatment facilities, utilities and other public facilities at great cost to the taxpayer and the ratepayer. With this pattern of dispersed development, public investment in existing infrastructure located in traditional main streets, downtown areas and established suburbs has been under utilized and those areas have suffered economically.

New York State needs to focus on smart spending that supports existing infrastructure and development in areas where it makes economic and environmental sense. This bill would require state infrastructure funding to be consistent with smart growth principles, with priority given to existing infrastructure and projects that are consistent with local governments' plans for development.

LEGISLATIVE HISTORY: 2008 -- A.7335 PASSED ASSEMBLY

FISCAL IMPLICATIONS: No cost to the state, but savings will be realized through priority funding of infrastructure.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5560--B 2009-2010 Regular Sessions IN SENATE May 15, 2009 ___________
Introduced by Sens. OPPENHEIMER, MONTGOMERY, DUANE, KLEIN, KRUEGER, MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- recommit- ted to the Committee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to establishing a state smart growth public infrastructure policy act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The environmental conservation law is amended by adding a new article 6 to read as follows: ARTICLE 6 STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY ACT SECTION 6-0101. SHORT TITLE. 6-0103. DEFINITIONS. 6-0105. STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY. 6-0107. STATE SMART GROWTH PUBLIC INFRASTRUCTURE CRITERIA. 6-0109. SMART GROWTH ADVISORY COMMITTEES. 6-0111. PRIVATE RIGHT OF ACTION. S 6-0101. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY ACT". S 6-0103. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "CRITERIA" SHALL MEAN THE STATE SMART GROWTH PUBLIC INFRASTRUCTURE CRITERIA PROVIDED IN SECTION 6-0107 OF THIS ARTICLE.
2. "STATE INFRASTRUCTURE AGENCY" SHALL MEAN THE DEPARTMENT, THE DEPARTMENT OF TRANSPORTATION, THE DEPARTMENT OF EDUCATION, THE DEPART- MENT OF HEALTH, THE DEPARTMENT OF STATE, THE NEW YORK STATE ENVIRON- MENTAL FACILITIES CORPORATION, THE NEW YORK STATE HOUSING FINANCE AGEN- CY, THE HOUSING TRUST FUND CORPORATION, THE DORMITORY AUTHORITY, THE THRUWAY AUTHORITY, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE EMPIRE STATE DEVELOPMENT CORPORATION, THE NEW YORK STATE URBAN DEVELOP- MENT CORPORATION AND ALL OTHER NEW YORK AUTHORITIES. ANY SUBSIDIARY OF, OR CORPORATION WITH THE SAME MEMBERS OR DIRECTORS AS, A PUBLIC BENEFIT CORPORATION IDENTIFIED IN THIS SUBDIVISION SHALL ALSO BE DEEMED TO BE WITHIN THE DEFINITION OF STATE INFRASTRUCTURE AGENCY UNDER THIS ARTICLE. 3. "MUNICIPAL CENTERS" SHALL MEAN AREAS OF CONCENTRATED AND MIXED LAND USES THAT SERVE AS CENTERS FOR VARIOUS ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, CENTRAL BUSINESS DISTRICTS, MAIN STREETS, DOWNTOWN AREAS, BROWNFIELD OPPORTUNITY AREAS, DOWNTOWN AREAS OF LOCAL WATERFRONT REVITALIZATION PROGRAM AREAS, TRANSIT-ORIENTED DEVELOPMENT, ENVIRON- MENTAL JUSTICE AREAS, AND HARDSHIP AREAS. MUNICIPAL CENTERS SHALL ALSO INCLUDE: AREAS ADJACENT TO MUNICIPAL CENTERS, AS DEFINED IN THIS SUBDI- VISION, WHICH HAVE CLEARLY DEFINED BORDERS, ARE DESIGNATED FOR CONCEN- TRATED DEVELOPMENT IN THE FUTURE IN A MUNICIPAL OR REGIONAL COMPREHEN- SIVE PLAN, AND EXHIBIT STRONG LAND USE, TRANSPORTATION, INFRASTRUCTURE AND ECONOMIC CONNECTIONS TO A MUNICIPAL CENTER; AND AREAS DESIGNATED IN A MUNICIPAL OR COMPREHENSIVE PLAN, AND APPROPRIATELY ZONED IN A MUNICI- PAL ZONING ORDINANCE, AS A FUTURE MUNICIPAL CENTER. S 6-0105. STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY. IT IS THE PURPOSE OF THIS ARTICLE TO AUGMENT THE STATE'S ENVIRONMENTAL POLICY BY DECLARING A FISCALLY PRUDENT STATE POLICY OF MAXIMIZING THE SOCIAL, ECONOMIC AND ENVIRONMENTAL BENEFITS FROM PUBLIC INFRASTRUCTURE DEVELOPMENT THROUGH MINIMIZING UNNECESSARY COSTS OF SPRAWL DEVELOPMENT INCLUDING ENVIRONMENTAL DEGRADATION, DISINVESTMENT IN URBAN AND SUBURBAN COMMUNITIES AND LOSS OF OPEN SPACE INDUCED BY SPRAWL FACILITATED BY THE FUNDING OR DEVELOPMENT OF NEW OR EXPANDED TRANSPORTATION, SEWER AND WASTE WATER TREATMENT, WATER, EDUCATION, HOUSING AND OTHER PUBLICLY SUPPORTED INFRASTRUCTURE INCONSISTENT WITH SMART GROWTH PUBLIC INFRAS- TRUCTURE CRITERIA. S 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 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. 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, RECRE-
ATION AND OPEN SPACE, SCENIC AREAS, AND SIGNIFICANT HISTORIC AND ARCHEO- LOGICAL RESOURCES; E. TO FOSTER MIXED LAND USES AND COMPACT DEVELOPMENT, DOWNTOWN REVI- TALIZATION, 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 COMPRO- MISE THE NEEDS OF FUTURE GENERATIONS, BY AMONG OTHER MEANS ENCOURAGING BROAD BASED PUBLIC INVOLVEMENT IN DEVELOPING AND IMPLEMENTING A COMMUNI- TY PLAN AND ENSURING THE GOVERNANCE STRUCTURE IS ADEQUATE TO SUSTAIN ITS IMPLEMENTATION. 3. BEFORE MAKING ANY COMMITMENT, INCLUDING ENTERING INTO AN AGREEMENT OR INCURRING ANY INDEBTEDNESS FOR THE PURPOSE OF ACQUIRING, CONSTRUCT- ING, 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 SUBDI- VISION 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 ADMIN- ISTERED BY THE STATE. S 6-0109. SMART GROWTH ADVISORY COMMITTEES. THE CHIEF EXECUTIVE OFFICER OF EACH STATE INFRASTRUCTURE AGENCY SHALL CREATE A SMART GROWTH ADVISORY COMMITTEE TO ADVISE THE AGENCY REGARDING THE AGENCIES' POLICIES, PROGRAMS AND PROJECTS WITH REGARD TO THEIR COMPLIANCE WITH THE STATE SMART GROWTH PUBLIC INFRASTRUCTURE CRITERIA. SUCH COMMITTEES SHALL CONSIST OF APPROPRIATE AGENCY PERSONNEL DESIGNATED BY THE CHIEF EXECUTIVE OFFICER TO CONDUCT THE EVALUATION REQUIRED BY SECTION 6-0107 OF THIS ARTICLE. SUCH COMMITTEES SHALL SOLICIT INPUT FROM AND CONSULT WITH VARIOUS REPRESENTATIVES OF AFFECTED COMMUNITIES AND ORGANIZATIONS WITHIN THOSE COMMUNITIES, AND SHALL GIVE CONSIDERATION TO THE LOCAL AND ENVIRONMENTAL INTERESTS AFFECTED BY THE ACTIVITIES OF THE AGENCY OR PROJECTS PLANNED, APPROVED OR FINANCED THROUGH SUCH AGENCY. S 6-0111. PRIVATE RIGHT OF ACTION. NOTHING CONTAINED IN THIS ARTICLE OR IN THE ADMINISTRATION OR APPLICA- TION HEREOF SHALL BE CONSTRUED TO CREATE ANY PRIVATE RIGHT OF ACTION ON THE PART OF ANY PERSON, FIRM OR CORPORATION AGAINST THE STATE OF NEW YORK OR ANY STATE INFRASTRUCTURE AGENCY AS DEFINED IN SUBDIVISION TWO OF SECTION 6-0103 OF THIS ARTICLE. S 2. This act shall take effect on the thirtieth day after it shall have become a law; provided, however, that this act shall not apply to infrastructure projects undertaken or approved by the infrastructure agencies prior to the date on which this act shall have become a law.

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