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A08011 Summary:

COSPNSRPaulin, Clark, Englebright, Fields, Cahill, Peoples-Stokes, Schroeder, Millman, Cook, Colton, Jaffee, Koon, Stirpe, Schimel, Gantt
MLTSPNSRAlfano, Ball, Barra, Castelli, Christensen, Conte, Errigo, Galef, Gottfried, John, Kavanagh, Latimer, Lavine, Lifton, Lupardo, Magee, Magnarelli, Markey, McDonough, McEneny, Molinaro, Rosenthal, Spano, Sweeney, Thiele, Towns, Weisenberg
Add Art 6 SS6-0101 - 6-0111, En Con L
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.
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A08011 Text:

                STATE OF NEW YORK
                               2009-2010 Regular Sessions
                   IN ASSEMBLY
                                       May 1, 2009
          STIRPE, SCHIMEL, GANTT -- Multi-Sponsored by -- M. of A. ALFANO, BALL,

          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
     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
    49  criteria:
    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
    21  implementation.
    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.
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