S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4933--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M. of A. KELLES, SIMONE -- read once and referred to the
   Committee on Environmental Conservation -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the environmental conservation law and the public  hous-
   ing  law,  in relation to enacting the "sustainable affordable housing
   and sprawl prevention act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "sustaina-
 ble affordable housing and sprawl prevention act".
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 8-0119 to read as follows:
 § 8-0119. CERTAIN ACTIONS EXEMPT OR SUBJECT TO LIMITED REVIEW.
   1.  EXEMPT  ACTIONS  FOR  CONSTRUCTION  OF  RESIDENTIAL DWELLINGS. (A)
 NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY,  QUALIFYING
 ACTIONS FOR THE CONSTRUCTION OF A NEW MULTIPLE DWELLING OR MORE THAN ONE
 CONTIGUOUS  MULTIPLE  DWELLINGS THAT MEET THE FOLLOWING THRESHOLDS SHALL
 BE AUTOMATICALLY DETERMINED NOT TO HAVE  A  SIGNIFICANT  IMPACT  ON  THE
 ENVIRONMENT  AND  SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIRE-
 MENTS UNDER THIS ARTICLE OR ANY RULES OR REGULATIONS PROMULGATED  THERE-
 TO:
   (I) FEWER THAN TEN TOTAL RESIDENTIAL UNITS IN MUNICIPALITIES THAT HAVE
 NOT ADOPTED ZONING OR SUBDIVISION REGULATIONS;
   (II) BE LOCATED ON PREVIOUSLY DISTURBED LAND;
   (III) FEWER THAN FIFTY TOTAL RESIDENTIAL UNITS NOT TO BE CONNECTED (AT
 THE  COMMENCEMENT  OF  HABITATION) TO EXISTING COMMUNITY OR PUBLIC WATER
 AND SEWERAGE SYSTEMS INCLUDING SEWAGE TREATMENT WORKS;
   (IV) IN A CITY, TOWN, OR VILLAGE HAVING A POPULATION OF  NINETY  THOU-
 SAND  PERSONS OR LESS, FEWER THAN TWO HUNDRED TOTAL RESIDENTIAL UNITS TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03398-09-3
 A. 4933--A                          2
              

 
 BE CONNECTED (AT THE COMMENCEMENT OF HABITATION) TO  EXISTING  COMMUNITY
 OR PUBLIC WATER AND SEWERAGE SYSTEMS INCLUDING SEWAGE TREATMENT WORKS;
   (V)  IN  A  CITY, TOWN, OR VILLAGE HAVING A POPULATION OF GREATER THAN
 NINETY THOUSAND BUT LESS THAN ONE MILLION, FEWER THAN FIVE HUNDRED TOTAL
 RESIDENTIAL UNITS TO BE CONNECTED (AT THE COMMENCEMENT OF HABITATION) TO
 EXISTING COMMUNITY OR PUBLIC WATER AND SEWERAGE SYSTEMS INCLUDING SEWAGE
 TREATMENT WORKS; OR
   (VI) IN A CITY HAVING A POPULATION OF ONE  MILLION  OR  MORE  PERSONS,
 FEWER  THAN ONE THOUSAND TOTAL RESIDENTIAL UNITS TO BE CONNECTED (AT THE
 COMMENCEMENT OF HABITATION) TO EXISTING COMMUNITY OR  PUBLIC  WATER  AND
 SEWERAGE SYSTEMS INCLUDING SEWAGE TREATMENT WORKS.
   (B)  TO  BE DETERMINED AS A "QUALIFYING ACTION" UNDER PARAGRAPH (A) OF
 THIS SUBDIVISION, SUCH ACTION SHALL:
   (I) BE LOCATED IN A CENSUS TRACT DEFINED AS AN URBANIZED  AREA  OR  AN
 URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU;
   (II) BE LOCATED ON PREVIOUSLY DISTURBED LAND;
   (III)  QUALIFY  AS  AFFORDABLE  HOUSING, AS SHALL BE DETERMINED BY THE
 DIVISION OF HOUSING AND COMMUNITY RENEWAL, RELATIVE TO THE  MUNICIPALITY
 OR  COUNTY, AS SHALL BE DETERMINED BY THE DIVISION OF HOUSING AND COMMU-
 NITY RENEWAL, IN WHICH IT IS LOCATED;
   (IV) NOT BE LOCATED IN AN AREA:
   (1) PROJECTED TO EXPERIENCE FLOODING AT GREATER THAN OR EQUAL  TO  SEA
 LEVEL RISE OF FIVE FEET ACCORDING TO THE NATIONAL OCEANIC AND ATMOSPHER-
 IC  ADMINISTRATION,  OR ANY OTHER SCIENCE-BASED PROJECTION OF FUTURE SEA
 LEVEL CONDITIONS DEEMED SATISFACTORY BY THE COMMISSIONER;
   (2) PROJECTED TO EXPERIENCE FLOODING ACCORDING TO THE FEDERAL EMERGEN-
 CY MANAGEMENT AGENCY'S FIVE HUNDRED YEAR FLOODPLAIN MAPS FOR FLOOD  ZONE
 DESIGNATIONS,  OR  ANY OTHER SCIENCE-BASED PROJECTION OF FUTURE FLOODING
 CONDITIONS DEEMED SATISFACTORY BY THE COMMISSIONER; OR
   (3) THAT IS DESIGNATED AS A CRITICAL ENVIRONMENTAL AREA BY THE DEPART-
 MENT;
   (IV) COMPLETE  A PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA)  PURSUANT
 TO  THE FEDERAL COMPREHENSIVE ENVIRONMENTAL  RESPONSE,  COMPENSATION AND
 LIABILITY  ACT  (42  U.S.C.  CHAPTER 103), AND COMPLETE TESTING FOR LEAD
 WATER AND PAINT, ASBESTOS, AND RADON, THE  RESULTS  OF  WHICH  SHALL  BE
 SUBMITTED  BY  THE PROPOSED DEVELOPER OF SUCH ACTION TO THE LOCAL AGENCY
 RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR SUCH ACTION;
   (V) RECEIVE CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL PROFESSIONAL,
 AS SUCH TERM IS DEFINED BY THE COMMISSIONER PURSUANT TO REGULATION, THAT
 SUCH ACTION, AS PROPOSED, WILL NOT VIOLATE ANY  STATE  WETLAND  LAWS  OR
 DRINKING  WATER  LAWS  UNDER ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, OR
 ANY RULES OR REGULATIONS PROMULGATED THERETO; AND
   (VI) BE CERTIFIED UNDER:
   (1) THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN BUILDING  RATING
 SYSTEM  (LEED) PUBLISHED BY THE UNITED STATES GREEN BUILDING COUNCIL FOR
 THE CATEGORY OF CERTIFIED GOLD, AT MINIMUM,  AS  DETERMINED  BY  A  LEED
 ACCREDITED PROFESSIONAL;
   (2) ENTERPRISE GREEN COMMUNITIES REVIEW AND CERTIFICATION; OR
   (3) PASSIVE HOUSE INSTITUTE PASSIVE HOUSE CERTIFICATION.
   2.  ACTIONS  FOR CONSTRUCTION OF MULTIPLE DWELLINGS SUBJECT TO LIMITED
 REVIEW. (A) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY,
 ACTIONS FOR THE CONSTRUCTION OF NEW  MULTIPLE  DWELLINGS  THAT  ARE  NOT
 EXEMPT  FROM ENVIRONMENTAL REVIEW UNDER SUBDIVISION ONE OF THIS SECTION,
 AND THAT ARE QUALIFYING ACTIONS, SHALL NOT BE SUBJECT  TO  ANY  ENVIRON-
 MENTAL  REVIEW  STANDARDS  UNDER  THIS  ARTICLE, OR RULES OR REGULATIONS
 PROMULGATED THERETO, THAT DO NOT CONSIST OF CORE ENVIRONMENTAL CONCERNS,
 A. 4933--A                          3
 
 AS SUCH TERM SHALL BE DEFINED BY THE COMMISSIONER. TOPICS OF REVIEW THAT
 SHALL BE EXEMPT UNDER THIS SUBDIVISION AS FAILING TO MEET  THE  STANDARD
 OF  CORE  ENVIRONMENTAL  CONCERNS  SHALL INCLUDE, BUT NOT BE LIMITED TO,
 TRAFFIC  IMPACTS,  CASTING  OF SHADING OR SHADOWS, IMPACTS ON VIEWS FROM
 NEIGHBORING BUILDINGS, CONSISTENCY WITH COMMUNITY CHARACTER, IMPACTS  ON
 NEIGHBORHOOD  CHARACTER,  AND  THE  RESOURCES  OF  LOCAL SCHOOL SYSTEMS;
 EXCEPT THAT, IN THE CASE OF A DISADVANTAGED COMMUNITY,  SUCH  TOPICS  OF
 CONCERN  MAY  INCLUDE  TRAFFIC IMPACTS AND THE RESOURCES OF LOCAL SCHOOL
 SYSTEMS.
   (B) TO BE DETERMINED AS A "QUALIFYING ACTION" UNDER PARAGRAPH  (A)  OF
 THIS SUBDIVISION, SUCH ACTION SHALL:
   (I)  BE  LOCATED  IN A CENSUS TRACT DEFINED AS AN URBANIZED AREA OR AN
 URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU;
   (II) BE LOCATED ON PREVIOUSLY DISTURBED LAND;
   (III) QUALIFY AS AFFORDABLE HOUSING, AS SHALL  BE  DETERMINED  BY  THE
 DIVISION  OF HOUSING AND COMMUNITY RENEWAL, RELATIVE TO THE MUNICIPALITY
 OR COUNTY, AS SHALL BE DETERMINED BY THE DIVISION OF HOUSING AND  COMMU-
 NITY RENEWAL, IN WHICH IT IS LOCATED; AND
   (IV) NOT BE LOCATED IN AN AREA:
   (1)  PROJECTED  TO EXPERIENCE FLOODING AT GREATER THAN OR EQUAL TO SEA
 LEVEL RISE OF FIVE FEET ACCORDING TO THE NATIONAL OCEANIC AND ATMOSPHER-
 IC ADMINISTRATION, OR ANY OTHER SCIENCE-BASED PROJECTION OF  FUTURE  SEA
 LEVEL CONDITIONS DEEMED SATISFACTORY BY THE COMMISSIONER;
   (2) PROJECTED TO EXPERIENCE FLOODING ACCORDING TO THE FEDERAL EMERGEN-
 CY  MANAGEMENT AGENCY'S FIVE HUNDRED YEAR FLOODPLAIN MAPS FOR FLOOD ZONE
 DESIGNATIONS, OR ANY OTHER SCIENCE-BASED PROJECTION OF  FUTURE  FLOODING
 CONDITIONS DEEMED SATISFACTORY BY THE COMMISSIONER; OR
   (3) THAT IS DESIGNATED AS A CRITICAL ENVIRONMENTAL AREA BY THE DEPART-
 MENT.
   3.  MANDATORY  REVIEW.  EVERY ACTION THAT IS A QUALIFYING ACTION UNDER
 SUBDIVISION ONE AND/OR TWO OF THIS SECTION, THAT IS  CONDUCTED  IN  THIS
 STATE,  SHALL  BE SUBJECTED TO A DETERMINATION OF WHETHER SUCH ACTION IS
 EXEMPT UNDER SUBDIVISION ONE OF THIS SECTION, AND IF SUCH ACTION IS  NOT
 EXEMPT  UNDER  SUBDIVISION  ONE  OF THIS SECTION, WHETHER SUCH ACTION IS
 EXEMPT UNDER SUBDIVISION TWO OF THIS SECTION.
   4. HISTORIC SITES.  AN  ACTION  OTHERWISE  EXEMPT  FROM  ENVIRONMENTAL
 REVIEW  REQUIREMENTS  UNDER  SUBDIVISION  ONE  OF  THIS  SECTION  MAY BE
 REQUIRED TO UNDERGO ENVIRONMENTAL REVIEW PURSUANT TO THIS ARTICLE OR THE
 RULES OR REGULATIONS PROMULGATED THERETO ON THE BASIS THAT  SUCH  ACTION
 OCCURS  WHOLLY  OR  PARTIALLY  WITHIN A HISTORIC SITE, PROVIDED, HOWEVER
 THAT SUCH ACTION AFFECTS A CONTRIBUTING PROPERTY  WITHIN  SUCH  HISTORIC
 SITE,  AND PROVIDED FURTHER THAT SUCH ENVIRONMENTAL REVIEW IS LIMITED IN
 ITS SCOPE TO SUCH CONTRIBUTING PROPERTY. AN ACTION SHALL NOT BE REQUIRED
 TO UNDERGO AN ENVIRONMENTAL REVIEW UNDER THIS SUBDIVISION SOLELY ON  THE
 BASIS  THAT  SUCH ACTION IS SUBSTANTIALLY CONTIGUOUS TO A HISTORIC SITE,
 OR LOCATED IN A NEIGHBORHOOD CONTAINING HISTORIC SITES.
   5. WASTEWATER TREATMENT AND STORMWATER MANAGEMENT. (A) (I)  AN  ACTION
 EXEMPT  FROM  ENVIRONMENTAL REVIEW REQUIREMENTS UNDER SUBDIVISION ONE OR
 TWO OF THIS SECTION MAY PROVIDE PLANS TO THE APPROPRIATE  LOCAL  GOVERN-
 MENTAL  ENTITY  THAT  DEMONSTRATE  THAT  SUCH  ACTION WILL HAVE ADEQUATE
 WASTEWATER TREATMENT TO ACCOMMODATE THE COMPLETED  ACTION  FOR  NO  LESS
 THAN THIRTY YEARS.  SUCH ACTION MAY, ALTERNATIVELY, SUBMIT SUCH PLANS TO
 THE DEPARTMENT.  THE DEPARTMENT SHALL ESTABLISH A METHOD BY WHICH DEVEL-
 OPERS  OF  PROPOSED ACTIONS MAY SUBMIT SUCH PLANS PURSUANT TO THIS PARA-
 GRAPH. UPON SUBMISSION OF SUCH PLANS, THE LOCAL GOVERNMENTAL  ENTITY  OR
 A. 4933--A                          4
 
 DEPARTMENT  SHALL  APPROVE  OR  DENY  SUCH WASTEWATER TREATMENT PLANS NO
 LATER THAN THIRTY DAYS AFTER SUBMISSION OF SUCH PLANS.
   (II)  IF INCREASED ONSITE WASTEWATER TREATMENT CAPACITY OR A TIE-IN TO
 THE LOCAL PUBLIC SEWER SYSTEM IS NECESSARY TO IMPLEMENT THE ACTION,  AND
 BUILDING  PERMITS  ARE  NEEDED  TO  IMPLEMENT  SUCH WASTEWATER TREATMENT
 CAPACITY INCREASE OR TIE-IN, THE LOCAL GOVERNMENTAL  ENTITY  RESPONSIBLE
 FOR ISSUING SUCH BUILDING PERMITS SHALL NOT EXERCISE ITS DISCRETION OVER
 ANY  APPROVAL RELATING TO SUCH WASTEWATER TREATMENT CAPACITY INCREASE OR
 TIE-IN IN A MANNER THAT WOULD INHIBIT, CHILL, OR PRECLUDE DEVELOPMENT OF
 SUCH ACTION.
   (B) AN ACTION EXEMPT  FROM  ENVIRONMENTAL  REVIEW  REQUIREMENTS  UNDER
 SUBDIVISION  ONE  OR  TWO  OF THIS SECTION SHALL BE REQUIRED TO MAINTAIN
 COMPLIANCE WITH ALL LOCAL STORMWATER REGULATIONS.
   6. DISADVANTAGED COMMUNITIES. THE DEPARTMENT SHALL REQUIRE, BY RULE OR
 REGULATION, THAT ACTIONS FOR THE CONSTRUCTION OF NEW MULTIPLE  DWELLINGS
 THAT  ARE  NOT EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SUBDIVISION ONE OF
 THIS SECTION SHALL NOT CONTRIBUTE MORE  THAN  A  DE  MINIMIS  AMOUNT  OF
 POLLUTION  OR  ANY  DISPROPORTIONATE  POLLUTION  BURDEN ON, OR CAUSE ANY
 DISPLACEMENT OF RESIDENTS OF, A DISADVANTAGED COMMUNITY.
   7. AUTHORITY OF THE COMMISSIONER. THE COMMISSIONER SHALL BE AUTHORIZED
 TO CONSULT WITH ANY OTHER STATE OR LOCAL AGENCY AND TO PROMULGATE AND/OR
 AMEND ANY RULES AND/OR REGULATIONS HE OR SHE SHALL  DEEM  NECESSARY  FOR
 THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
   §  3.  Section 8-0105 of the environmental conservation law is amended
 by adding five new subdivisions 11,  12,  13,  14  and  15  to  read  as
 follows:
   11.  "HISTORIC  SITE"  MEANS A HISTORIC BUILDING, STRUCTURE, FACILITY,
 SITE OR DISTRICT, OR PREHISTORIC SITE THAT IS  LISTED  ON  THE  NATIONAL
 REGISTER  OF HISTORIC PLACES (36 CFR PARTS 60 AND 63), OR THAT IS LISTED
 ON THE STATE REGISTER OF HISTORIC PLACES OR THAT HAS BEEN DETERMINED  BY
 THE  COMMISSIONER  OF  PARKS, RECREATION AND HISTORIC PRESERVATION TO BE
 ELIGIBLE FOR LISTING ON THE STATE REGISTER OF HISTORIC  PLACES  PURSUANT
 TO  SECTION 14.07 OR 14.09 OF THE PARKS, RECREATION AND HISTORIC PRESER-
 VATION LAW.
   12. "CONTRIBUTING PROPERTY" MEANS A BUILDING, STRUCTURE, FACILITY,  OR
 SITE LOCATED WITHIN A HISTORIC SITE THAT WHOLLY OR PARTIALLY CONTRIBUTES
 TO SUCH DESIGNATION AS A HISTORIC SITE.
   13.  "DWELLING"  MEANS  ANY  BUILDING  OR STRUCTURE OR PORTION THEREOF
 WHICH IS OCCUPIED OR INTENDED TO BE OCCUPIED IN WHOLE OR IN PART AS  THE
 HOME, RESIDENCE, OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS.
   14.  "MULTIPLE  DWELLING"  MEANS  A  DWELLING  THAT  IS EITHER RENTED,
 LEASED, LET OR HIRED OUT, OR SOLD, TO BE OCCUPIED, OR IS OCCUPIED AS THE
 RESIDENCE OR HOME OF FOUR OR MORE  SEPARATE  INDIVIDUALS  OR  GROUPS  OF
 INDIVIDUALS  LIVING  INDEPENDENTLY  OF  EACH  OTHER,  INCLUDING, BUT NOT
 LIMITED TO, APARTMENTS, CONDOMINIUMS, AND TOWNHOUSES. A "MULTIPLE DWELL-
 ING" SHALL NOT BE DEEMED TO INCLUDE  A  CLASS  B  MULTIPLE  DWELLING  AS
 DEFINED  BY  SECTION  FOUR  OF THE MULTIPLE DWELLING LAW, OR A HOSPITAL,
 CONVENT, MONASTERY, RESIDENTIAL CARE FACILITY, OR A BUILDING USED WHOLLY
 FOR COMMERCIAL PURPOSES.
   15. "RESIDENTIAL UNIT" MEANS A ROOM OR GROUP OF ROOMS WITHIN A  MULTI-
 PLE DWELLING THAT IS DESIGNATED AS THE LIVING QUARTERS FOR AN INDIVIDUAL
 OR  GROUP  OF  INDIVIDUALS  LIVING  INDEPENDENTLY FROM OTHER INDIVIDUALS
 OCCUPYING SUCH MULTIPLE DWELLING.
   16. "PREVIOUSLY DISTURBED LAND" SHALL MEAN A PARCEL  OR  LOT  OF  LAND
 THAT  WAS  OCCUPIED  OR  FORMERLY  OCCUPIED  BY  A BUILDING OR OTHERWISE
 A. 4933--A                          5
 
 IMPROVED OR UTILIZED ON OR BEFORE THE EFFECTIVE DATE  OF  THIS  SECTION,
 AND WAS NOT MOST RECENTLY USED FOR COMMERCIAL AGRICULTURAL PURPOSES.
   §  4. Section 600 of the public housing law is amended by adding a new
 subdivision 6 to read as follows:
   6. A COVERED HOUSING AGENCY IN THIS STATE SHALL BE SUBJECT, AS  APPLI-
 CABLE, TO THE PROVISIONS OF ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVA-
 TION LAW AND ANY RULES AND/OR REGULATIONS PROMULGATED THERETO.
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.