NY State Senate Bill 2023-S9073

Senate Bill S9073

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

download bill text pdf

Current Bill Status - In Senate Committee Local Government 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 16, 2024	referred to local government

2023-S9073 (ACTIVE) - Details

See Assembly Version of this Bill:: A8904
Current Committee:: Senate Local Government
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-S9073 (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-S9073 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9073

SPONSOR: KAVANAGH
 
TITLE OF BILL:

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 period-
ically update a comprehensive plan to ensure that it addresses housing
needs

 
PURPOSE OF BILL:

This bill would require municipalities to determine whether it is in the
public interest to create and periodically update a comprehensive plan.

 
SUMMARY OF PROVISIONS:

Section 1 amends the general municipal law to empower the county legis-
lative body, or by resolution of such body the planning board or a
special board, to determine whether it is in the public interest to
prepare a proposed county comprehensive plan, amendments thereto and

updates thereof.

Section 2 amends the general city law to empower the city legislative
body, or by resolution of such body the planning board or a special
board, to determine whether it is in the public interest to prepare a
proposed county comprehensive plan, amendments thereto and updates ther-
eof.

Section 3 amends the town law to empower the town legislative body, or
by resolution of such body the planning board or a special board, to
determine whether it is in the public interest to prepare a proposed
county comprehensive plan, amendments thereto and updates thereof.

Section 4 amends the village law to empower the village legislative
body, or by resolution of such body the planning board or a special
board, to determine whether it is in the public interest to prepare a
proposed county comprehensive plan, amendments thereto and updates ther-
eof.

Section 5 amends the general city law to add a new article heading
"Zoning and Planning."

Section 6 requires that any municipality that does not have a comprehen-
sive plan shall develop one no later than January 1, 2029, and any muni-
cipality that has a comprehensive plan shall revise and update their
plan no later than January 1, 2029.

Section 7 sets forth the effective date.

 
JUSTIFICATION:

This bill encourages counties, cities, towns, and villages to update
existing comprehensive plans or adopt comprehensive plans if none exists
based on a determination whether it is in the public interest to do so.
This legislative initiative recognizes the importance of utilizing plan-
ning to accommodate the ever-changing needs of localities, of signif-
icant importance now in addressing the dire need for new housing. By
incorporating housing needs into the comprehensive planning process, the
bill emphasizes the critical role of addressing affordability, accessi-
bility, and suitability of housing options to ensure the long-term well-
being of residents.

The justification for this bill lies in its commitment to the public
interest, allowing local communities the autonomy to assess and, if
necessary, adjust their comprehensive plans in response to evolving
circumstances. Encouraging community engagement, the bill ensures that
residents actively participate in shaping policy, fostering a more tran-
sparent and responsive local governance model. The emphasis on the
public interest also extends to fostering collaboration among munici-
palities, contributing to a more coordinated approach to regional devel-
opment that considers shared housing challenges and opportunities.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9073 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9073
 
                             I N  S E N A T E
 
                              April 16, 2024
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 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
 S. 9073                             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
 S. 9073                             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.

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