NY State Assembly Bill 2023-A8904

Assembly Bill A8904

2023-2024 Legislative Session

Relates to requiring municipalities to determine whether it is in the public interest to create and periodically update a comprehensive plan

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Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 01, 2024	amend by restoring to original print 8904
May 14, 2024	amend and recommit to local governments
Jan 26, 2024	referred to local governments
May 14, 2024	print number 8904a

Bill Amendments

Original

co-Sponsors

2023-A8904 (ACTIVE) - Details

See Senate Version of this Bill:: S9073
Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Amd §239-d, Gen Muni L; amd §28-a, add Art 3 Art Head, Gen City L; amd §272-a, Town L; amd §7-722, Vil L

2023-A8904 (ACTIVE) - Summary

Requires municipalities to determine whether it is in the public interest to create a comprehensive plan adapted to the special requirements of the municipality and to determine whether it is in the public interest to update such comprehensive plan at least once every ten years to ensure that such plan addresses housing needs.

2023-A8904 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8904
 
                           I N  A S S E M B L Y
 
                             January 26, 2024
                                ___________
 
 Introduced  by  M. of A. BURDICK, LEVENBERG -- read once and referred to
   the Committee on Local Governments
 
 AN ACT to amend the general municipal law, the  general  city  law,  the
   town  law and the village law, in relation to requiring municipalities
   to determine whether it is in the public interest to create and  peri-
   odically update a comprehensive plan to ensure that it addresses hous-
   ing needs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2, 8, 9 and 10 of section 239-d of the general
 municipal law, as added by chapter 451 of the laws of 1997, are  amended
 to read as follows:
   2.  Preparation. The county legislative body, or by resolution of such
 body the planning board or a special board, [may] SHALL DETERMINE WHETH-
 ER IT IS IN THE PUBLIC INTEREST TO prepare a proposed county  comprehen-
 sive  plan  [and], amendments thereto AND UPDATES THEREOF TO ENSURE THAT
 IT ADDRESSES HOUSING NEEDS.  In the event the planning board or  special
 board  is directed to prepare a proposed comprehensive plan or amendment
 thereto OR UPDATE THEREOF TO ENSURE THAT  IT  ADDRESSES  HOUSING  NEEDS,
 such  board shall, by resolution, recommend such proposed plan or amend-
 ment to the county legislative body.
   8. Filing of adopted county comprehensive  plan.  The  adopted  county
 comprehensive plan [and], any amendments thereto AND ALL UPDATES THEREOF
 shall  be filed in the office of the county clerk or register and a copy
 thereof filed in the office of  the  county  planning  board,  with  the
 secretary of state, as well as with the clerk of each municipality with-
 in the county.
   9.  Effect  of  adoption.  (a) All county land acquisitions and public
 improvements, including those identified  in  the  county  official  map
 adopted or amended pursuant to this article, shall be in accordance with
 a county comprehensive plan[, if one exists].
   (b)  All plans for capital projects of a municipality or state govern-
 mental agency on land included in the county comprehensive plan  adopted
 pursuant to this section shall take such plan into consideration.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11912-03-4
 A. 8904                             2
 
   10.  Periodic  review. The county legislative body shall provide, as a
 component of such proposed county comprehensive plan, the maximum inter-
 vals at which the adopted plan shall  be  reviewed;  PROVIDED,  HOWEVER,
 THAT  THE COUNTY LEGISLATURE SHALL DETERMINE WHETHER IT IS IN THE PUBLIC
 INTEREST  TO  UPDATE  THE COMPREHENSIVE PLAN AT LEAST ONCE IN EVERY TEN-
 YEAR PERIOD TO ENSURE THAT IT ADDRESSES HOUSING NEEDS.
   § 2.  Subdivisions 5, 11 and 13 of section 28-a of  the  general  city
 law, as added by chapter 418 of the laws of 1995, are amended to read as
 follows:
   5.  Preparation. The legislative body of the city, or by resolution of
 such body, the planning board or a special board, [may] SHALL  DETERMINE
 WHETHER  IT IS IN THE PUBLIC INTEREST TO prepare a proposed city compre-
 hensive plan [and], amendments thereto AND  UPDATES  THEREOF  TO  ENSURE
 THAT  IT  ADDRESSES  HOUSING  NEEDS.  In the event the planning board or
 special board is directed to prepare a proposed  comprehensive  plan  or
 amendment  thereto OR UPDATE THEREOF TO ENSURE THAT IT ADDRESSES HOUSING
 NEEDS, such board shall, by resolution, recommend such proposed plan  or
 amendment to the legislative body of the city.
   11.  Periodic  review. The legislative body of the city shall provide,
 as a component of such proposed comprehensive plan, the  maximum  inter-
 vals  at  which  the  adopted plan shall be reviewed; PROVIDED, HOWEVER,
 THAT THE LEGISLATIVE BODY OF THE CITY SHALL DETERMINE WHETHER IT  IS  IN
 THE  PUBLIC  INTEREST  TO UPDATE THE COMPREHENSIVE PLAN AT LEAST ONCE IN
 EVERY TEN-YEAR PERIOD TO ENSURE THAT IT ADDRESSES HOUSING NEEDS.
   13. Filing of city comprehensive plan. The adopted city  comprehensive
 plan  [and],  any  amendments  thereto  AND ALL UPDATES THEREOF shall be
 filed in the office of the city clerk and a copy thereof shall be  filed
 in the office of the county planning agency.
   §  3.   Subdivisions 4, 10 and 12 of section 272-a of the town law, as
 added by chapter 418 of the  laws  of  1995,  are  amended  to  read  as
 follows:
   4.  Preparation.  The town board, or by resolution of such town board,
 the planning board or a special board, [may] SHALL DETERMINE WHETHER  IT
 IS  IN THE PUBLIC INTEREST TO prepare a proposed town comprehensive plan
 [and],  amendments  thereto  AND  UPDATES  THEREOF  TO  ENSURE  THAT  IT
 ADDRESSES  HOUSING  NEEDS.  In  the  event the planning board or special
 board is directed to prepare a proposed comprehensive plan or  amendment
 thereto  OR  UPDATE  THEREOF  TO ENSURE THAT IT ADDRESSES HOUSING NEEDS,
 such board shall, by resolution, recommend such proposed plan or  amend-
 ment to the town board.
   10.  Periodic  review. The town board shall provide, as a component of
 such proposed comprehensive plan, the maximum  intervals  at  which  the
 adopted  plan  shall be reviewed; PROVIDED, HOWEVER, THAT THE TOWN BOARD
 SHALL DETERMINE WHETHER IT IS IN  THE  PUBLIC  INTEREST  TO  UPDATE  THE
 COMPREHENSIVE PLAN AT LEAST ONCE IN EVERY TEN-YEAR PERIOD TO ENSURE THAT
 IT ADDRESSES HOUSING NEEDS.
   12.  Filing of town comprehensive plan. The adopted town comprehensive
 plan [and], any amendments thereto AND  ALL  UPDATES  THEREOF  shall  be
 filed  in the office of the town clerk and a copy thereof shall be filed
 in the office of the county planning agency.
   § 4.  Subdivisions 4, 10 and 12 of section 7-722 of the  village  law,
 as  added  by  chapter  418  of the laws of 1995, are amended to read as
 follows:
   4. Preparation. The village board of trustees,  or  by  resolution  of
 such  village  board of trustees, the planning board or a special board,
 [may] SHALL DETERMINE WHETHER IT IS IN THE PUBLIC INTEREST TO prepare  a
 A. 8904                             3
 
 proposed  village  comprehensive  plan  [and],  amendments  thereto  AND
 UPDATES THEREOF TO ENSURE THAT IT ADDRESSES HOUSING NEEDS. In the  event
 the  planning  board  or special board is directed to prepare a proposed
 comprehensive plan or amendment thereto OR UPDATE THEREOF TO ENSURE THAT
 IT  ADDRESSES  HOUSING NEEDS, such board shall, by resolution, recommend
 such proposed plan or amendment to the village board of trustees.
   10. Periodic review. The village board shall provide, as  a  component
 of  such proposed comprehensive plan, the maximum intervals at which the
 adopted plan shall be reviewed;  PROVIDED,  HOWEVER,  THAT  THE  VILLAGE
 BOARD  OF  TRUSTEES SHALL DETERMINE WHETHER IT IS IN THE PUBLIC INTEREST
 TO UPDATE THE COMPREHENSIVE PLAN AT LEAST ONCE IN EVERY TEN-YEAR  PERIOD
 TO ENSURE THAT IT ADDRESSES HOUSING NEEDS.
   12.  Filing of village comprehensive plan. The adopted village compre-
 hensive plan [and], any amendments thereto AND ALL UPDATES THEREOF shall
 be filed in the office of the village clerk and a copy thereof shall  be
 filed in the office of the county planning agency.
   §  5.  Article  3  of  the general city law is amended by adding a new
 article heading to read as follows:
                             ZONING AND PLANNING
 
   § 6.  Any municipality that does not have  a  comprehensive  plan  for
 such  municipality shall develop one no later than January 1, 2029 if it
 is determined to be in the public interest. Any municipality that has  a
 comprehensive  plan  for  such municipality that was developed more than
 ten years prior to the effective date  of  this  act  shall  revise  and
 update such comprehensive plan to ensure that it addresses housing needs
 no later than January 1, 2029.
   § 7.  This act shall take effect immediately.

co-Sponsors

2023-A8904A - Details

See Senate Version of this Bill:: S9073
Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Amd §239-d, Gen Muni L; amd §28-a, add Art 3 Art Head, Gen City L; amd §272-a, Town L; amd §7-722, Vil L

2023-A8904A - Summary

2023-A8904A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8904--A
 
                           I N  A S S E M B L Y
 
                             January 26, 2024
                                ___________
 
 Introduced  by  M.  of A. BURDICK, LEVENBERG, GONZALEZ-ROJAS, EPSTEIN --
   read once and referred  to  the  Committee  on  Local  Governments  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general municipal law, the  general  city  law,  the
   town  law and the village law, in relation to requiring municipalities
   to determine whether it is in the public interest to create and  peri-
   odically update a comprehensive plan to ensure that it addresses hous-
   ing needs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2, 8, 9 and 10 of section 239-d of the general
 municipal law, as added by chapter 451 of the laws of 1997, are  amended
 to read as follows:
   2.  Preparation. The county legislative body, or by resolution of such
 body the planning board or a special board, [may] SHALL DETERMINE WHETH-
 ER IT IS IN THE PUBLIC INTEREST TO prepare a proposed county  comprehen-
 sive  plan  [and], amendments thereto AND UPDATES THEREOF TO ENSURE THAT
 IT ADDRESSES HOUSING NEEDS.  In the event the planning board or  special
 board, BY RESOLUTION OF THE COUNTY LEGISLATURE, is directed to prepare a
 proposed  comprehensive  plan  or amendment thereto OR UPDATE THEREOF TO
 ENSURE THAT IT ADDRESSES HOUSING NEEDS, such board shall, by resolution,
 recommend such proposed plan or  amendment  to  the  county  legislative
 body.
   8.  Filing  of  adopted  county comprehensive plan. The adopted county
 comprehensive plan [and], any amendments thereto AND ALL UPDATES THEREOF
 shall be filed in the office of the county clerk or register and a  copy
 thereof  filed  in  the  office  of  the county planning board, with the
 secretary of state, as well as with the clerk of each municipality with-
 in the county.
   9. Effect of adoption. (a) All county  land  acquisitions  and  public
 improvements,  including  those  identified  in  the county official map
 adopted or amended pursuant to this article, shall be in accordance with
 a county comprehensive plan[, if one exists].
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11912-04-4
 A. 8904--A                          2
 
   (b) All plans for capital projects of a municipality or state  govern-
 mental  agency on land included in the county comprehensive plan adopted
 pursuant to this section shall take such plan into consideration.
   10.  Periodic  review. The county legislative body shall provide, as a
 component of such proposed county comprehensive plan, the maximum inter-
 vals at which the adopted plan shall  be  reviewed;  PROVIDED,  HOWEVER,
 THAT  THE COUNTY LEGISLATURE SHALL DETERMINE WHETHER IT IS IN THE PUBLIC
 INTEREST TO UPDATE THE COMPREHENSIVE PLAN AT LEAST ONCE  IN  EVERY  TEN-
 YEAR PERIOD TO ENSURE THAT IT ADDRESSES HOUSING NEEDS.
   §  2.    Subdivisions 5, 11 and 13 of section 28-a of the general city
 law, as added by chapter 418 of the laws of 1995, are amended to read as
 follows:
   5. Preparation. The legislative body of the city, or by resolution  of
 such  body, the planning board or a special board, [may] SHALL DETERMINE
 WHETHER IT IS IN THE PUBLIC INTEREST TO prepare a proposed city  compre-
 hensive  plan  [and],  amendments  thereto AND UPDATES THEREOF TO ENSURE
 THAT IT ADDRESSES HOUSING NEEDS. In the  event  the  planning  board  or
 special  board,  BY  RESOLUTION  OF THE LEGISLATIVE BODY OF THE CITY, is
 directed to prepare a proposed comprehensive plan or  amendment  thereto
 OR  UPDATE THEREOF TO ENSURE THAT IT ADDRESSES HOUSING NEEDS, such board
 shall, by resolution, recommend such proposed plan or amendment  to  the
 legislative body of the city.
   11.  Periodic  review. The legislative body of the city shall provide,
 as a component of such proposed comprehensive plan, the  maximum  inter-
 vals  at  which  the  adopted plan shall be reviewed; PROVIDED, HOWEVER,
 THAT THE LEGISLATIVE BODY OF THE CITY SHALL DETERMINE WHETHER IT  IS  IN
 THE  PUBLIC  INTEREST  TO UPDATE THE COMPREHENSIVE PLAN AT LEAST ONCE IN
 EVERY TEN-YEAR PERIOD TO ENSURE THAT IT ADDRESSES HOUSING NEEDS.
   13. Filing of city comprehensive plan. The adopted city  comprehensive
 plan  [and],  any  amendments  thereto  AND ALL UPDATES THEREOF shall be
 filed in the office of the city clerk and a copy thereof shall be  filed
 in the office of the county planning agency.
   §  3.   Subdivisions 4, 10 and 12 of section 272-a of the town law, as
 added by chapter 418 of the  laws  of  1995,  are  amended  to  read  as
 follows:
   4.  Preparation.  The town board, or by resolution of such town board,
 the planning board or a special board, [may] SHALL DETERMINE WHETHER  IT
 IS  IN THE PUBLIC INTEREST TO prepare a proposed town comprehensive plan
 [and],  amendments  thereto  AND  UPDATES  THEREOF  TO  ENSURE  THAT  IT
 ADDRESSES  HOUSING  NEEDS.  In  the  event the planning board or special
 board, BY RESOLUTION OF  THE  TOWN  BOARD,  is  directed  to  prepare  a
 proposed  comprehensive  plan  or amendment thereto OR UPDATE THEREOF TO
 ENSURE THAT IT ADDRESSES HOUSING NEEDS, such board shall, by resolution,
 recommend such proposed plan or amendment to the town board.
   10. Periodic review. The town board shall provide, as a  component  of
 such  proposed  comprehensive  plan,  the maximum intervals at which the
 adopted plan shall be reviewed; PROVIDED, HOWEVER, THAT THE  TOWN  BOARD
 SHALL  DETERMINE  WHETHER  IT  IS  IN  THE PUBLIC INTEREST TO UPDATE THE
 COMPREHENSIVE PLAN AT LEAST ONCE IN EVERY TEN-YEAR PERIOD TO ENSURE THAT
 IT ADDRESSES HOUSING NEEDS.
   12. Filing of town comprehensive plan. The adopted town  comprehensive
 plan  [and],  any  amendments  thereto  AND ALL UPDATES THEREOF shall be
 filed in the office of the town clerk and a copy thereof shall be  filed
 in the office of the county planning agency.
 A. 8904--A                          3
 
   §  4.   Subdivisions 4, 10 and 12 of section 7-722 of the village law,
 as added by chapter 418 of the laws of 1995,  are  amended  to  read  as
 follows:
   4.  Preparation.  The  village  board of trustees, or by resolution of
 such village board of trustees, the planning board or a  special  board,
 [may]  SHALL DETERMINE WHETHER IT IS IN THE PUBLIC INTEREST TO prepare a
 proposed  village  comprehensive  plan  [and],  amendments  thereto  AND
 UPDATES  THEREOF TO ENSURE THAT IT ADDRESSES HOUSING NEEDS. In the event
 the planning board or special board, BY RESOLUTION OF THE VILLAGE  BOARD
 OF  TRUSTEES,  is  directed  to prepare a proposed comprehensive plan or
 amendment thereto OR UPDATE THEREOF TO ENSURE THAT IT ADDRESSES  HOUSING
 NEEDS,  such board shall, by resolution, recommend such proposed plan or
 amendment to the village board of trustees.
   10. Periodic review. The village board shall provide, as  a  component
 of  such proposed comprehensive plan, the maximum intervals at which the
 adopted plan shall be reviewed;  PROVIDED,  HOWEVER,  THAT  THE  VILLAGE
 BOARD  OF  TRUSTEES SHALL DETERMINE WHETHER IT IS IN THE PUBLIC INTEREST
 TO UPDATE THE COMPREHENSIVE PLAN AT LEAST ONCE IN EVERY TEN-YEAR  PERIOD
 TO ENSURE THAT IT ADDRESSES HOUSING NEEDS.
   12.  Filing of village comprehensive plan. The adopted village compre-
 hensive plan [and], any amendments thereto AND ALL UPDATES THEREOF shall
 be filed in the office of the village clerk and a copy thereof shall  be
 filed in the office of the county planning agency.
   §  5.  Article  3  of  the general city law is amended by adding a new
 article heading to read as follows:
                             ZONING AND PLANNING
 
   § 6. Any municipality that shall have determined by  a  resolution  of
 its  legislative  body  that  it  is  in  the public interest to adopt a
 comprehensive plan for such municipality,  or  to  amend  or  update  an
 existing  comprehensive  plan  for such municipality shall have no obli-
 gation to take such action if no federal, state, county or  third  party
 funding therefore has been awarded, granted or otherwise obtained.
   § 7.  This act shall take effect immediately.

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Assembly Bill A8904

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Sponsored By

BURDICK

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Dana Levenberg

Jessica Gonzalez-Rojas

Harvey Epstein

2023-A8904 (ACTIVE) - Details

2023-A8904 (ACTIVE) - Summary

2023-A8904 (ACTIVE) - Bill Text download pdf

co-Sponsors

Dana Levenberg

Jessica Gonzalez-Rojas

Harvey Epstein

2023-A8904A - Details

2023-A8904A - Summary

2023-A8904A - Bill Text download pdf

Comments