S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   992

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing the New York state smart growth principles

  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 section 3-0319 to read as follows:
S 3-0319. NEW YORK STATE SMART GROWTH PRINCIPLES.
  1.  FOR  THE PURPOSES OF THIS SECTION, "SMART GROWTH PRINCIPLES" MEANS
THE FOLLOWING:
  A. PUBLIC INVESTMENT: TO PLAN SO AS TO ACCOUNT FOR  AND  MINIMIZE  THE
DIRECT  AND  INDIRECT PUBLIC COSTS OF NEW DEVELOPMENT, INCLUDING INFRAS-
TRUCTURE COSTS SUCH AS TRANSPORTATION, SEWERS AND WASTEWATER  TREATMENT,
WATER, SCHOOLS, RECREATION, OPEN SPACE AND OTHER ENVIRONMENTAL IMPACTS;
  B. ECONOMIC DEVELOPMENT: TO ENCOURAGE REDEVELOPMENT OF EXISTING COMMU-
NITY  CENTERS, AND TO ENCOURAGE NEW DEVELOPMENT IN AREAS WHERE TRANSPOR-
TATION, WATER AND SEWER INFRASTRUCTURE ARE READILY AVAILABLE;
  C. CONSERVATION AND RESTORATION: TO  PROTECT,  PRESERVE,  ENHANCE  AND
RESTORE  THE  STATE'S NATURAL AND HISTORIC RESOURCES, INCLUDING AGRICUL-
TURAL LAND, FORESTS, SURFACE WATER AND GROUNDWATER, WATERFRONTS,  RECRE-
ATION  AND  OPEN SPACE, SCENIC AREAS, SIGNIFICANT HABITATS, NATIONAL AND
STATE HERITAGE AREAS AND REGIONAL GREENWAYS AND SIGNIFICANT HISTORIC AND
ARCHAEOLOGICAL SITES AND TO FACILITATE THE ADAPTION OF SUCH RESOURCES TO
CLIMATE CHANGE;
  D. PARTNERSHIPS: TO ESTABLISH INTERMUNICIPAL  AND  OTHER  INTERGOVERN-
MENTAL PARTNERSHIPS TO ADDRESS DEVELOPMENT ISSUES WHICH TRANSCEND MUNIC-
IPAL  BOUNDARIES, AND WHICH ARE BEST ADDRESSED BY EFFECTIVE PARTNERSHIPS
AMONG LEVELS OF GOVERNMENT, IN ORDER TO INCREASE EFFICIENT, PLANNED, AND
COST-EFFECTIVE DELIVERY OF GOVERNMENT SERVICES BY,  AMONG  OTHER  MEANS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02860-01-9
              

S. 992                              2

FACILITATING  COOPERATIVE  AGREEMENTS  AMONG ADJACENT COMMUNITIES AND TO
ENSURE WITHIN A REGIONAL CONTEXT, THE APPROPRIATE BALANCE BETWEEN DEVEL-
OPMENT AND OPEN SPACE PROTECTION;
  E.  COMMUNITY LIVABILITY: TO STRENGTHEN COMMUNITIES' SENSE OF PLACE BY
ENCOURAGING COMMUNITIES TO ADOPT DEVELOPMENT AND  REDEVELOPMENT  STRATE-
GIES  WHICH  BUILD  ON EACH COMMUNITY'S VISION FOR ITS FUTURE, INCLUDING
INTEGRATION OF ALL INCOME AND AGE GROUPS, MIXED LAND  USES  AND  COMPACT
DEVELOPMENT, TRANSPORTATION CHOICES, DOWNTOWN REVITALIZATION, OPEN SPACE
PROTECTION,  BROWNFIELD REDEVELOPMENT, ENHANCED BEAUTY IN PUBLIC SPACES,
AND DIVERSE AND AFFORDABLE HOUSING IN PROXIMITY TO PLACES OF EMPLOYMENT,
RECREATION AND COMMERCIAL DEVELOPMENT;
  F.  TRANSPORTATION:  TO  PROVIDE  TRANSPORTATION  CHOICES,   INCLUDING
INCREASING  PUBLIC TRANSIT, PEDESTRIAN AND BICYCLE AND OTHER CHOICES, IN
ORDER TO IMPROVE HEALTH AND QUALITY OF LIFE, REDUCE AUTOMOBILE DEPENDEN-
CY, TRAFFIC CONGESTION AND AUTOMOBILE POLLUTION AND PROMOTE ENERGY EFFI-
CIENCY;
  G. CONSISTENCY: TO ENSURE PREDICTABILITY  IN  BUILDING  AND  LAND  USE
CODES; AND
  H.  SUSTAINABILITY:  TO STRENGTHEN EXISTING AND CREATE NEW COMMUNITIES
WHICH REDUCE GREENHOUSE GAS EMISSIONS AND DO NOT COMPROMISE THE NEEDS OF
FUTURE GENERATIONS, BY AMONG OTHER MEANS ENCOURAGING BROAD BASED  PUBLIC
INVOLVEMENT IN DEVELOPING AND IMPLEMENTING A COMMUNITY PLAN AND ENSURING
THE GOVERNANCE STRUCTURE IS ADEQUATE TO SUSTAIN ITS IMPLEMENTATION.
  2.  THE DEPARTMENT, DEPARTMENT OF STATE, DEPARTMENT OF TRANSPORTATION,
EDUCATION DEPARTMENT, DEPARTMENT  OF  HEALTH,  ENVIRONMENTAL  FACILITIES
CORPORATION,  NEW  YORK STATE HOUSING FINANCE AGENCY, HOUSING TRUST FUND
CORPORATION, DORMITORY AUTHORITY,  NEW  YORK  STATE  THRUWAY  AUTHORITY,
URBAN  DEVELOPMENT CORPORATION, OFFICE OF PARKS, RECREATION AND HISTORIC
PRESERVATION,  DEPARTMENT  OF  ECONOMIC  DEVELOPMENT,  JOB   DEVELOPMENT
AUTHORITY,  METROPOLITAN  TRANSPORTATION  AUTHORITY, DIVISION OF HOUSING
AND COMMUNITY RENEWAL, DEPARTMENT OF AGRICULTURE AND MARKETS,  NEW  YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND OFFICE OF REAL PROP-
ERTY SERVICES SHALL:
  A.  CONSIDER  SMART  GROWTH  PRINCIPLES IN THE IMPLEMENTATION OF STATE
POLICIES AND PROGRAMS;
  B. REFOCUS STATE TRAINING AND TECHNICAL ASSISTANCE PROGRAMS FOR  LOCAL
OFFICIALS  TO  INCORPORATE  THE  SMART  GROWTH PRINCIPLES AND TO ENHANCE
LOCAL GOVERNMENT CAPACITY TO ADOPT AND  ADHERE  TO  SUCH  PRINCIPLES  IN
COMMUNITY PLANNING AND DEVELOPMENT;
  C.  ENCOURAGE COMMUNITY TRANSPORTATION PLANNING AND COORDINATION BASED
ON SMART GROWTH PRINCIPLES; AND
  D. WITHIN ALL GRANTS, AWARDS, LOANS OR ASSISTANCE PROGRAMS,  GIVE  DUE
CONSIDERATION  TO  THOSE  APPLICATIONS  WHICH  ARE CONSISTENT WITH SMART
GROWTH PRINCIPLES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.