Establishes the "state smart growth public infrastructure policy act"

Summary of provisions

Section one of the bill adds a new article six to the environmental conservation law establishing the State Smart Growth Public Infrastruc- ture Policy Act. Section 6-0103 defines smart growth criteria and "state infrastructure agencies," which include the Department of Transporta- tion, 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 infrastruc- ture agencies (SIA) to fund infrastructure in a manner that is consist- ent with smart growth criteria.

Section 6-0107 stipulates specific criteria for smart growth develop- ment, such as that no SIA shall approve, undertake, support, or finance a public infrastructure project unless it meets the established crite- ria. These agencies would advance funding to existing infrastructure and projects that are consistent with local governments' plans for develop- ment. The remaining criteria address community based planning, coordi- nation 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 state- ment 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 envi- ronment, 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 econom- ically.

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 fund- ing 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.