Enacts the Smart Growth for the New Century Act

Section two identities the act as the "Smart Growth for the New Century Act."

Section three creates a new article 20 in the General Municipal Law that would:

* define smart growth principles;

* provide local governments with the opportunity to adopt smart growth plans that are consistent with such principles;

* authorize two or more adjoining municipalities to create a smart growth compact;

* require each smart growth compact to establish a compact council comprised of the executive officer of each municipality in the compact area;

* define the powers of the compact council;

* require each compact council to prepare a draft smart growth plan within fifteen months;

* define the procedure of adoption of a final smart growth plan;

* create a smart growth review board to include:

* the secretary of State;

* the Commissioner of Environmental conservation;

* the Commissioner of the Department of Transportation;

* the Speaker of the Assembly; and,

* the Temporary President of the Senate;

* define the powers and duties of the smart growth review board; and,

* require State agencies, public benefits corporations and authorities to:

* apply smart growth principles to their activities;

* report to the smart growth local assistance office; and,

* give priority in funding to municipalities that have certified smart growth plans. Sections four through eleven authorize priority state funding for local governments with certified plans.

Section twelve adds a new Section 97-gggg to the State Finance Law to create the Smart Growth Revolving Loan Fund.

Section thirteen adds a new Article 6-G to the Executive Law to establish a Smart Growth Local Assistance Office within the Department of State.

Section fourteen establishes the effective date.

Justification

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, planning and zoning actions of local governments and state infrastructure funding decisions have supported a pattern of settlement and land use which necessitates 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 street, downtown areas and established suburbs has been underutilized and those areas have suffered economically.

Local governments need to focus on soundly planned growth, so called smart growth, through a collaborative community based effort to arrive at a workable plan generated by the community, that responds to the economic, social and environmental needs of the municipality and the region. Local governments should encourage and support development in target areas that have previously been developed or in designated areas that make economic and environmental sense as target areas 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 and the protection of New York's long history of home rule. The Smart Growth for the New Century Act sets out a process to achieve an improved economy, a healthier environment and equity for the people of New York.

Prior legislative history

S.4338A, 2007-2008 S.2436, 2005-2006 S.5383, 2003-2004

Fiscal implications

While the Smart Growth Revolving Loan Fund must be capitalized with a onetime appropriation, there should also be cost savings to government realized through improved infrastructure planning.

Effective date

This act shall take effect immediately; provided, however, the provisions of subdivision 4 of section 862 of the general municipal law, as added by section six of this act, shall be subject to the expiration and reversion of such section pursuant to section 38 of chapter 355 of the laws of 1993, as amended, when upon such date the provisions of section seven of this act shall take effect.