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.
STATE OF NEW YORK
2009-2010 Regular Sessions
May 1, 2009
Introduced by M. of A. HOYT, PAULIN, CLARK, ENGLEBRIGHT, FIELDS, CAHILL,
PEOPLES-STOKES, SCHROEDER, MILLMAN, COOK, COLTON, JAFFEE, KOON,
STIRPE, SCHIMEL, GANTT -- Multi-Sponsored by -- M. of A. ALFANO, BALL,
BARRA, CHRISTENSEN, CONTE, ERRIGO, GALEF, GOTTFRIED, JOHN, KAVANAGH,
LATIMER, LAVINE, LIFTON, LUPARDO, MAGEE, MAGNARELLI, MARKEY, McDO-
NOUGH, McENENY, MOLINARO, ROSENTHAL, SPANO, SWEENEY, THIELE, TOWNS,
WEISENBERG -- read once and referred to the Committee on Environmental
Conservation -- reported and referred to the Committee on Ways and
Means -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted 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:
1 Section 1. The environmental conservation law is amended by adding a
2 new article 6 to read as follows:
3 ARTICLE 6
4 STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY ACT
5 Section 6-0101. Short title.
6 6-0103. Definitions.
7 6-0105. State smart growth public infrastructure policy.
8 6-0107. State smart growth public infrastructure criteria.
9 6-0109. Smart growth advisory committees.
10 6-0111. Private right of action.
11 § 6-0101. Short title.
12 This article shall be known and may be cited as the "state smart
13 growth public infrastructure policy act".
14 § 6-0103. Definitions.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 8011--B 2
1 As used in this article:
2 1. "Criteria" shall mean the state smart growth public infrastructure
3 criteria provided in section 6-0107 of this article.
4 2. "State infrastructure agency" shall mean the department, the
5 department of transportation, the department of education, the depart-
6 ment of health, the department of state, the New York state environ-
7 mental facilities corporation, the New York state housing finance agen-
8 cy, the housing trust fund corporation, the dormitory authority, the
9 thruway authority, the port authority of New York and New Jersey, the
10 empire state development corporation, the New York state urban develop-
11 ment corporation and all other New York authorities. Any subsidiary of,
12 or corporation with the same members or directors as, a public benefit
13 corporation identified in this subdivision shall also be deemed to be
14 within the definition of state infrastructure agency under this article.
15 3. "Municipal centers" shall mean areas of concentrated and mixed
16 land uses that serve as centers for various activities, including, but
17 not limited to, central business districts, main streets, downtown
18 areas, brownfield opportunity areas, downtown areas of local waterfront
19 revitalization program areas, transit-oriented development, environ-
20 mental justice areas, and hardship areas. Municipal centers shall also
21 include: areas adjacent to municipal centers, as defined in this subdi-
22 vision, which have clearly defined borders, are designated for concen-
23 trated development in the future in a municipal or regional comprehen-
24 sive plan, and exhibit strong land use, transportation, infrastructure
25 and economic connections to a municipal center; and areas designated in
26 a municipal or comprehensive plan, and appropriately zoned in a munici-
27 pal zoning ordinance, as a future municipal center.
28 § 6-0105. State smart growth public infrastructure policy.
29 It is the purpose of this article to augment the state's environmental
30 policy by declaring a fiscally prudent state policy of maximizing the
31 social, economic and environmental benefits from public infrastructure
32 development through minimizing unnecessary costs of sprawl development
33 including environmental degradation, disinvestment in urban and suburban
34 communities and loss of open space induced by sprawl facilitated by the
35 funding or development of new or expanded transportation, sewer and
36 waste water treatment, water, education, housing and other publicly
37 supported infrastructure inconsistent with smart growth public infras-
38 tructure criteria.
39 § 6-0107. State smart growth public infrastructure criteria.
40 1. In addition to meeting other criteria and requirements of law
41 governing approval, development, financing and state aid for the
42 construction of new or expanded public infrastructure or the recon-
43 struction thereof, no state infrastructure agency shall approve, under-
44 take, support or finance a public infrastructure project, including
45 providing grants, awards, loans or assistance programs, unless, to the
46 extent practicable, it is consistent with the relevant criteria speci-
47 fied in subdivision two of this section.
48 2. The following are the state smart growth public infrastructure
50 a. to advance projects for the use, maintenance or improvement of
51 existing infrastructure;
52 b. to advance projects located in municipal centers;
53 c. To advance projects in developed areas or areas designated for
54 concentrated infill development in a municipally approved comprehensive
55 land use plan, local waterfront revitalization plan and/or brownfield
56 opportunity area plan;
A. 8011--B 3
1 d. to protect, preserve and enhance the state's resources, including
2 agricultural land, forests, surface and groundwater, air quality, recre-
3 ation and open space, scenic areas, and significant historic and archeo-
4 logical resources;
5 e. to foster mixed land uses and compact development, downtown revi-
6 talization, brownfield redevelopment, the enhancement of beauty in
7 public spaces, the diversity and affordability of housing in proximity
8 to places of employment, recreation and commercial development and the
9 integration of all income and age groups;
10 f. to provide mobility through transportation choices including
11 improved public transportation and reduced automobile dependency;
12 g. to coordinate between state and local government and intermunicipal
13 and regional planning;
14 h. to participate in community based planning and collaboration;
15 i. to ensure predictability in building and land use codes; and
16 j. to promote sustainability by strengthening existing and creating
17 new communities which reduce greenhouse gas emissions and do not compro-
18 mise the needs of future generations, by among other means encouraging
19 broad based public involvement in developing and implementing a communi-
20 ty plan and ensuring the governance structure is adequate to sustain its
22 3. Before making any commitment, including entering into an agreement
23 or incurring any indebtedness for the purpose of acquiring, construct-
24 ing, or financing any project covered by the provisions of this article,
25 the chief executive officer of a state infrastructure agency shall
26 attest in a written smart growth impact statement that the project, to
27 the extent practicable, meets the relevant criteria set forth in subdi-
28 vision two of this section, unless in any respect the project does not
29 meet such criteria or compliance is considered to be impracticable,
30 which shall be detailed in a statement of justification.
31 4. Nothing in this section shall contravene any federal law governing
32 the expenditure of disbursement of federal infrastructure funding admin-
33 istered by the state.
34 § 6-0109. Smart growth advisory committees.
35 The chief executive officer of each state infrastructure agency shall
36 create a smart growth advisory committee to advise the agency regarding
37 the agencies' policies, programs and projects with regard to their
38 compliance with the state smart growth public infrastructure criteria.
39 Such committees shall consist of appropriate agency personnel designated
40 by the chief executive officer to conduct the evaluation required by
41 section 6-0107 of this article. Such committees shall solicit input from
42 and consult with various representatives of affected communities and
43 organizations within those communities, and shall give consideration to
44 the local and environmental interests affected by the activities of the
45 agency or projects planned, approved or financed through such agency.
46 § 6-0111. Private right of action.
47 Nothing contained in this article or in the administration or applica-
48 tion hereof shall be construed to create any private right of action on
49 the part of any person, firm or corporation against the state of New
50 York or any state infrastructure agency as defined in subdivision two of
51 section 6-0103 of this article.
52 § 2. This act shall take effect on the thirtieth day after it shall
53 have become a law; provided, however, that this act shall not apply to
54 infrastructure projects undertaken or approved by the infrastructure
55 agencies prior to the date on which this act shall have become a law.