S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    925
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 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)  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;
   (III)  IN A CITY, TOWN, OR VILLAGE HAVING A POPULATION OF NINETY THOU-
 SAND PERSONS OR LESS, FEWER THAN TWO 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;
   (IV) IN A CITY, TOWN, OR VILLAGE HAVING A POPULATION OF  GREATER  THAN
 NINETY THOUSAND BUT LESS THAN ONE MILLION, FEWER THAN FIVE HUNDRED TOTAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03398-01-3
              

 S. 925                              2
 
 RESIDENTIAL UNITS TO BE CONNECTED (AT THE COMMENCEMENT OF HABITATION) TO
 EXISTING COMMUNITY OR PUBLIC WATER AND SEWERAGE SYSTEMS INCLUDING SEWAGE
 TREATMENT WORKS; OR
   (V)  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 TRACK DEFINED AS AN URBANIZED AREA OR AN
 URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU;
   (II)  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;
   (III)  RECEIVE  CERTIFICATION  FROM  A QUALIFIED ENVIRONMENTAL PROFES-
 SIONAL, AS SUCH TERM IS DEFINED BY THE COMMISSIONER  PURSUANT  TO  REGU-
 LATION,  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
   (IV) 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.  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
 SHALL NOT BE SUBJECT TO ANY ENVIRONMENTAL REVIEW  STANDARDS  UNDER  THIS
 ARTICLE,  OR  RULES  OR  REGULATIONS  PROMULGATED  THERETO,  THAT DO NOT
 CONSIST OF CORE ENVIRONMENTAL CONCERNS, 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 OPEN SPACE, IMPACTS  ON
 NEIGHBORHOOD CHARACTER, AND THE RESOURCES OF LOCAL SCHOOL SYSTEMS.
   3.  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 DIRECTLY INVOLVES 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.
   4. AUTHORITY OF THE COMMISSIONER. THE COMMISSIONER SHALL BE AUTHORIZED
 TO CONSULT WITH ANY OTHER STATE OR LOCAL AGENCY AND TO PROMULGATE AND/OR
 S. 925                              3
 
 AMEND ANY RULES AND/OR REGULATIONS HE OR SHE SHALL  DEEM  NECESSARY  FOR
 THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
   §  3. Paragraph (i) of subdivision 4 of section 8-0105 of the environ-
 mental conservation law, as amended by chapter 252 of the laws of  1977,
 is  amended and five new subdivisions 10, 11, 12, 13 and 14 are added to
 read as follows:
   (i) projects or activities  directly  undertaken  by  any  agency;  or
 projects  or  activities  supported  in whole or part through contracts,
 grants, subsidies, loans, or other forms of funding assistance from  one
 or  more agencies; or projects or activities involving the issuance to a
 person of a lease, permit, license, VARIANCE AUTHORIZATION,  certificate
 or  other  entitlement for use or permission to act by one or more agen-
 cies; OR PROJECTS OR ACTIVITIES INVOLVING THE ALTERATION OF ZONING ORDI-
 NANCES BY A LOCAL AGENCY;
   10. "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.
   11.  "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.
   12. "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.
   13. "MULTIPLE DWELLING"  MEANS  A  DWELLING  THAT  IS  EITHER  RENTED,
 LEASED,  LET  OR  HIRED OUT, TO BE OCCUPIED, OR IS OCCUPIED AS THE RESI-
 DENCE OR HOME OF FOUR OR MORE SEPARATE INDIVIDUALS OR GROUPS OF INDIVID-
 UALS LIVING INDEPENDENTLY OF EACH OTHER. A "MULTIPLE DWELLING" 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.
   14.  "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.
   §  4.  Section 8-0109 of the environmental conservation law is amended
 by adding a new subdivision 10 to read as follows:
   10. A COURT SHALL NOT INTERVENE WITH AN ENVIRONMENTAL REVIEW CONDUCTED
 PURSUANT TO THIS ARTICLE OR RULES  OR  REGULATIONS  PROMULGATED  THERETO
 UNLESS  THERE IS SUBSTANTIAL INFORMATION MISSING THAT IS MATERIAL TO THE
 DECISION MAKERS' REVIEW.
   § 5. 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.
   § 6. 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  925--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by Sens. MAY, HARCKHAM, HOYLMAN-SIGAL, JACKSON -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Environmental Conservation -- reported favorably from said  commit-
   tee and committed to the Committee on Housing, Construction and Commu-
   nity  Development  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to  the  Committee  on  Environmental  Conservation in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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 WITH RESPECT TO 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 REQUIREMENTS UNDER THIS  ARTICLE  OR  ANY  RULES  OR  REGULATIONS
 PROMULGATED PURSUANT HERETO:
   (I) FEWER THAN TEN TOTAL RESIDENTIAL UNITS IN MUNICIPALITIES THAT HAVE
 NOT ADOPTED ZONING OR SUBDIVISION REGULATIONS;
   (II)  FEWER  THAN FIFTY TOTAL RESIDENTIAL UNITS IN A BUILDING IN WHICH
 NO MORE THAN TWENTY PERCENT OF THE FLOOR AREA CONSISTS OF COMMERCIAL  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03398-12-4
              

 S. 925--B                           2
 
 COMMUNITY FACILITY USES NOT TO BE CONNECTED AT THE COMMENCEMENT OF HABI-
 TATION  TO  EXISTING  COMMUNITY  OR  PUBLIC  WATER  AND SEWERAGE SYSTEMS
 INCLUDING SEWAGE TREATMENT WORKS;
   (III)  IN A CITY, TOWN, OR VILLAGE HAVING A POPULATION OF NINETY THOU-
 SAND PERSONS OR LESS, FEWER THAN TWO HUNDRED TOTAL RESIDENTIAL UNITS  IN
 A  BUILDING  IN  WHICH  NO  MORE  THAN  TWENTY PERCENT OF THE FLOOR AREA
 CONSISTS OF COMMERCIAL OR COMMUNITY FACILITY USES 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 GREATER THAN
 NINETY THOUSAND BUT LESS THAN ONE MILLION, FEWER THAN FIVE HUNDRED TOTAL
 RESIDENTIAL UNITS IN A BUILDING IN WHICH NO MORE THAN TWENTY PERCENT  OF
 THE  FLOOR  AREA CONSISTS OF COMMERCIAL OR COMMUNITY FACILITY USES TO BE
 CONNECTED AT THE COMMENCEMENT OF HABITATION  TO  EXISTING  COMMUNITY  OR
 PUBLIC WATER AND SEWERAGE SYSTEMS INCLUDING SEWAGE TREATMENT WORKS; OR
   (V)  IN  A  CITY  HAVING  A POPULATION OF ONE MILLION OR MORE PERSONS,
 FEWER THAN ONE THOUSAND TOTAL RESIDENTIAL UNITS IN A BUILDING  IN  WHICH
 NO  MORE THAN TWENTY PERCENT OF THE FLOOR AREA CONSISTS OF COMMERCIAL OR
 COMMUNITY FACILITY USES TO BE CONNECTED AT THE COMMENCEMENT  OF  HABITA-
 TION  TO EXISTING COMMUNITY OR PUBLIC WATER AND SEWERAGE SYSTEMS INCLUD-
 ING SEWAGE TREATMENT WORKS.
   (B) TO BE DETERMINED AS A "QUALIFYING ACTION" UNDER PARAGRAPH  (A)  OF
 THIS SUBDIVISION, SUCH MULTIPLE DWELLING 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 IN THE EVENT OF SEA LEVEL RISE
 GREATER THAN OR EQUAL TO THE HIGH-MEDIUM PROJECTION BY  YEAR  TWENTY-ONE
 HUNDRED  AS  SET  FORTH  IN  REGULATIONS PROMULGATED PURSUANT TO SECTION
 3-0319 OF THIS CHAPTER, OR ANY OTHER SCIENCE-BASED PROJECTION OF  FUTURE
 SEA LEVEL CONDITIONS DEEMED SATISFACTORY BY THE COMMISSIONER;
   (2) DESIGNATED AS A SPECIAL FLOOD HAZARD AREA BY THE FEDERAL EMERGENCY
 MANAGEMENT AGENCY, PROVIDED THAT THIS PROVISION SHALL NOT APPLY TO MUNI-
 CIPALITIES THAT HAVE ADOPTED A BUILDING CODE THAT MITIGATES FLOOD HAZARD
 RISK  BY  REQUIRING NEW CONSTRUCTION TO BE ELEVATED ABOVE THE BASE FLOOD
 ELEVATION AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY; OR
   (3) DESIGNATED AS A CRITICAL ENVIRONMENTAL AREA BY THE DEPARTMENT;
   (V) COMPLETE  A PHASE I ENVIRONMENTAL SITE ASSESSMENT PURSUANT TO  THE
 FEDERAL COMPREHENSIVE ENVIRONMENTAL  RESPONSE,  COMPENSATION AND LIABIL-
 ITY  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 MULTIPLE DWELLING TO THE LOCAL  AGENCY
 RESPONSIBLE  FOR  APPROVING OR DENYING THE APPLICATION FOR SUCH MULTIPLE
 DWELLING. IF THE PHASE I ENVIRONMENTAL  SITE  ASSESSMENT  FINDS  CONTAM-
 INATION  THAT  EXCEEDS ACCEPTABLE LEVELS OF CONTAMINANTS FOR RESIDENTIAL
 USE AS SET FORTH IN REGULATIONS PROMULGATED PURSUANT TO TITLES  THIRTEEN
 AND FOURTEEN OF ARTICLE TWENTY-SEVEN AND TITLE FIVE OF ARTICLE FIFTY-SIX
 OF  THIS CHAPTER AND RELATED REGULATIONS GOVERNING ENVIRONMENTAL REMEDI-
 ATION, THE LOCAL AGENCY RESPONSIBLE FOR APPROVING OR DENYING THE  APPLI-
 CATION  MAY  REQUIRE REMEDIATION OF THE SITE TO APPLICABLE STANDARDS FOR
 S. 925--B                           3
 
 RESIDENTIAL USE PRIOR TO  THE  ISSUING  OF  A  CONSTRUCTION  PERMIT  FOR
 CONSTRUCTION OF A MULTIPLE DWELLING;
   (VI)  RECEIVE  A  WRITTEN CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL
 PROFESSIONAL, AS SUCH TERM SHALL BE DEFINED BY THE DEPARTMENT  IN  REGU-
 LATION, THAT THE CONSTRUCTION OF SUCH MULTIPLE DWELLING WILL NOT VIOLATE
 ANY  STATE  WETLAND  LAWS  UNDER ARTICLES TWENTY-FOUR AND TWENTY-FIVE OF
 THIS CHAPTER, OR ANY RULES OR REGULATIONS PROMULGATED THERETO;
   (VII) RECEIVE A WRITTEN CERTIFICATION FROM A  QUALIFIED  ENVIRONMENTAL
 PROFESSIONAL,  AS  SUCH TERM SHALL BE DEFINED BY THE DEPARTMENT IN REGU-
 LATION, THAT CONSTRUCTION OF SUCH MULTIPLE DWELLING, AS  PROPOSED,  WILL
 NOT  VIOLATE  ANY DRINKING WATER LAWS UNDER ARTICLE ELEVEN OF THE PUBLIC
 HEALTH LAW, OR ANY RULES OR REGULATIONS PROMULGATED THERETO; AND
   (VIII) RECEIVE CERTIFICATION BY AN ARCHITECT  LICENSED  BY  THE  STATE
 THAT THE BUILDING HAS BEEN DESIGNED TO MEET ONE OR MORE OF THE FOLLOWING
 BUILDING STANDARDS:
   (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 WITH RESPECT TO CONSTRUCTION OF MULTIPLE DWELLINGS  SUBJECT
 TO  LIMITED  REVIEW.  (A) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO
 THE CONTRARY, ACTIONS WITH RESPECT TO THE CONSTRUCTION OF  NEW  MULTIPLE
 DWELLINGS  THAT  ARE NOT EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SUBDIVI-
 SION ONE OF THIS SECTION, AND THAT ARE QUALIFYING ACTIONS, SHALL NOT  BE
 SUBJECT  TO  ANY  ENVIRONMENTAL  REVIEW STANDARDS UNDER THIS ARTICLE, OR
 RULES OR REGULATIONS PROMULGATED THERETO, THAT DO NOT  CONSIST  OF  CORE
 ENVIRONMENTAL  CONCERNS, AS SUCH TERM SHALL BE DEFINED BY THE DEPARTMENT
 IN REGULATION. TOPICS OF REVIEW THAT SHALL BE EXEMPT UNDER THIS SUBDIVI-
 SION AS FAILING TO MEET THE  STANDARD  OF  CORE  ENVIRONMENTAL  CONCERNS
 SHALL  INCLUDE, BUT NOT BE LIMITED TO, TRAFFIC IMPACTS, CASTING OF SHAD-
 ING 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 DISAD-
 VANTAGED 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, THE PROPOSED MULTIPLE DWELLING 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 IN THE EVENT OF  SEA  LEVEL  RISE
 GREATER  THAN  OR EQUAL TO THE HIGH-MEDIUM PROJECTION BY YEAR TWENTY-ONE
 HUNDRED AS SET FORTH IN  REGULATIONS  PROMULGATED  PURSUANT  TO  SECTION
 3-0319 OF THIS CHAPTER,  OR ANY OTHER SCIENCE-BASED PROJECTION OF FUTURE
 SEA LEVEL CONDITIONS DEEMED SATISFACTORY BY THE COMMISSIONER;
   (2) DESIGNATED AS A SPECIAL FLOOD HAZARD AREA BY THE FEDERAL EMERGENCY
 MANAGEMENT AGENCY, PROVIDED THAT THIS PROVISION SHALL NOT APPLY TO MUNI-
 CIPALITIES THAT HAVE ADOPTED A BUILDING CODE THAT MITIGATES FLOOD HAZARD
 S. 925--B                           4
 
 RISK  BY  REQUIRING NEW CONSTRUCTION TO BE ELEVATED ABOVE THE BASE FLOOD
 ELEVATION AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY ; OR
   (3) DESIGNATED AS A CRITICAL ENVIRONMENTAL AREA BY THE DEPARTMENT.
   3.  MANDATORY REVIEW.   EVERY ACTION THAT IS A QUALIFYING ACTION UNDER
 SUBDIVISION ONE OR TWO OF THIS SECTION SHALL BE SUBJECTED TO A  DETERMI-
 NATION  BY  THE  LOCAL  PERMITTING  AUTHORITY  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. IF, AFTER SIXTY DAYS,  THE
 LOCAL  AGENCY  RESPONSIBLE  FOR APPROVING OR DENYING THE APPLICATION FOR
 SUCH MULTIPLE DWELLING HAS FAILED TO RETURN SUCH  A  DETERMINATION,  THE
 APPLICANT  MAY  APPEAL  TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
 FOR A DETERMINATION, AND IN SUCH CASE THE DIVISION SHALL RENDER A DETER-
 MINATION WITHIN SIXTY DAYS OF RECEIPT OF THE APPLICATION.
   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 PURSUANT HERETO ON THE BASIS  THAT  THE
 MULTIPLE  DWELLING  WOULD  BE  CONSTRUCTED  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 ENVI-
 RONMENTAL 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 THE PROPOSED MULTIPLE
 DWELLING WOULD BE  SUBSTANTIALLY  CONTIGUOUS  TO  A  HISTORIC  SITE,  OR
 LOCATED IN A NEIGHBORHOOD CONTAINING HISTORIC SITES.
   5.  WASTEWATER  TREATMENT  AND  STORMWATER  MANAGEMENT.  (A) AN ACTION
 EXEMPT FROM ENVIRONMENTAL REVIEW REQUIREMENTS UNDER SUBDIVISION  ONE  OR
 TWO  OF THIS SECTION MAY PROVIDE CONCEPT PLANS TO EITHER THE APPROPRIATE
 LOCAL GOVERNMENTAL ENTITY OR THE DEPARTMENT THAT  DEMONSTRATE  THAT  THE
 MULTIPLE DWELLING WILL HAVE ADEQUATE WASTEWATER TREATMENT TO ACCOMMODATE
 THE  COMPLETED  MULTIPLE  DWELLING  FOR  NO LESS THAN THIRTY YEARS.  THE
 DEPARTMENT SHALL ESTABLISH A METHOD  BY  WHICH  DEVELOPERS  OF  PROPOSED
 MULTIPLE  DWELLINGS MAY SUBMIT SUCH CONCEPT PLANS PURSUANT TO THIS PARA-
 GRAPH. UPON SUBMISSION OF SUCH CONCEPT  PLANS,  THE  LOCAL  GOVERNMENTAL
 ENTITY  OR  THE  DEPARTMENT,  AS  APPLICABLE, SHALL APPROVE OR DENY SUCH
 CONCEPT WASTEWATER TREATMENT PLANS  NO  LATER  THAN  THIRTY  DAYS  AFTER
 SUBMISSION OF SUCH PLANS.
   (B)  AN  ACTION  EXEMPT  FROM  ENVIRONMENTAL REVIEW REQUIREMENTS UNDER
 SUBDIVISION ONE OR TWO OF THIS SECTION SHALL  BE  REQUIRED  TO  MAINTAIN
 COMPLIANCE WITH ALL APPLICABLE STORMWATER REGULATIONS.
   6. DISADVANTAGED COMMUNITIES. THE DEPARTMENT SHALL REQUIRE, BY RULE OR
 REGULATION,  THAT QUALIFYING ACTIONS WITH RESPECT TO THE CONSTRUCTION OF
 NEW MULTIPLE DWELLINGS THAT ARE NOT  EXEMPT  FROM  ENVIRONMENTAL  REVIEW
 UNDER SUBDIVISION ONE OF THIS SECTION SHALL NOT:
   (A)  CONTRIBUTE  MORE  THAN  A  DE  MINIMIS AMOUNT OF POLLUTION OR ANY
 DISPROPORTIONATE POLLUTION BURDEN AFTER THE COMPLETION OF  CONSTRUCTION;
 OR
    (B)  DIRECTLY  DISPLACE  LOW-INCOME HOUSEHOLDS BY REDUCING, IN AGGRE-
 GATE, THEIR RESIDENTIAL HOUSING OPPORTUNITIES IN A DISADVANTAGED  COMMU-
 NITY.
   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 SUCH COMMISSIONER SHALL DEEM NECES-
 SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION; PROVIDED,
 HOWEVER, THAT THE DEPARTMENT AND THE DIVISION OF HOUSING  AND  COMMUNITY
 S. 925--B                           5
 
 RENEWAL  SHALL  JOINTLY  PROMULGATE  SUCH  RULES AND REGULATIONS AS THEY
 SHALL DEEM NECESSARY FOR THE IMPLEMENTATION OF SUBDIVISION SIX  OF  THIS
 SECTION.
   §  3.  Section 8-0105 of the environmental conservation law is amended
 by adding six new subdivisions 11, 12, 13, 14, 15  and  16  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, OR HISTORIC BUILDINGS LISTED AS LANDMARKS BY  THE  NEW  YORK
 CITY LANDMARKS PRESERVATION COMMISSION.
   12.  "CONTRIBUTING PROPERTY" MEANS A BUILDING, STRUCTURE, FACILITY, OR
 SITE LOCATED WITHIN A HISTORIC SITE OR DISTRICT 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
 IMPROVED OR UTILIZED ONE YEAR PRIOR TO THE EFFECTIVE DATE OF THIS SUBDI-
 VISION,  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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  925--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sens.  MAY, HARCKHAM, HOYLMAN-SIGAL, JACKSON, SALAZAR --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Environmental Conservation -- reported favorably from
   said committee and committed to the Committee on Housing, Construction
   and  Community  Development  --  committee  discharged,  bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   recommitted  to the Committee on Environmental Conservation in accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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  WITH  RESPECT TO 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  REQUIREMENTS  UNDER  THIS  ARTICLE  OR  ANY RULES OR REGULATIONS
 PROMULGATED PURSUANT HERETO:
   (I) FEWER THAN TEN TOTAL RESIDENTIAL UNITS IN MUNICIPALITIES THAT HAVE
 NOT ADOPTED ZONING OR SUBDIVISION REGULATIONS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03398-14-4
              

 S. 925--C                           2
 
   (II) FEWER THAN FIFTY TOTAL RESIDENTIAL UNITS IN A BUILDING  IN  WHICH
 NO  MORE THAN TWENTY PERCENT OF THE FLOOR AREA CONSISTS OF COMMERCIAL OR
 COMMUNITY FACILITY USES NOT TO BE CONNECTED AT THE COMMENCEMENT OF HABI-
 TATION TO EXISTING  COMMUNITY  OR  PUBLIC  WATER  AND  SEWERAGE  SYSTEMS
 INCLUDING SEWAGE TREATMENT WORKS;
   (III)  IN A CITY, TOWN, OR VILLAGE HAVING A POPULATION OF NINETY THOU-
 SAND PERSONS OR LESS, FEWER THAN TWO HUNDRED TOTAL RESIDENTIAL UNITS  IN
 A  BUILDING  IN  WHICH  NO  MORE  THAN  TWENTY PERCENT OF THE FLOOR AREA
 CONSISTS OF COMMERCIAL OR COMMUNITY FACILITY USES 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 GREATER THAN
 NINETY THOUSAND BUT LESS THAN ONE MILLION, FEWER THAN FIVE HUNDRED TOTAL
 RESIDENTIAL UNITS IN A BUILDING IN WHICH NO MORE THAN TWENTY PERCENT  OF
 THE  FLOOR  AREA CONSISTS OF COMMERCIAL OR COMMUNITY FACILITY USES TO BE
 CONNECTED AT THE COMMENCEMENT OF HABITATION  TO  EXISTING  COMMUNITY  OR
 PUBLIC WATER AND SEWERAGE SYSTEMS INCLUDING SEWAGE TREATMENT WORKS; OR
   (V)  IN  A  CITY  HAVING  A POPULATION OF ONE MILLION OR MORE PERSONS,
 FEWER THAN ONE THOUSAND TOTAL RESIDENTIAL UNITS IN A BUILDING  IN  WHICH
 NO  MORE THAN TWENTY PERCENT OF THE FLOOR AREA CONSISTS OF COMMERCIAL OR
 COMMUNITY FACILITY USES TO BE CONNECTED AT THE COMMENCEMENT  OF  HABITA-
 TION  TO EXISTING COMMUNITY OR PUBLIC WATER AND SEWERAGE SYSTEMS INCLUD-
 ING SEWAGE TREATMENT WORKS.
   (B) TO BE DETERMINED AS A "QUALIFYING ACTION" UNDER PARAGRAPH  (A)  OF
 THIS SUBDIVISION, SUCH MULTIPLE DWELLING 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 IN THE EVENT OF SEA LEVEL RISE
 GREATER THAN OR EQUAL TO THE HIGH-MEDIUM PROJECTION BY  YEAR  TWENTY-ONE
 HUNDRED  AS  SET  FORTH  IN  REGULATIONS PROMULGATED PURSUANT TO SECTION
 3-0319 OF THIS CHAPTER, OR ANY OTHER SCIENCE-BASED PROJECTION OF  FUTURE
 SEA LEVEL CONDITIONS DEEMED SATISFACTORY BY THE COMMISSIONER;
   (2) DESIGNATED AS A SPECIAL FLOOD HAZARD AREA BY THE FEDERAL EMERGENCY
 MANAGEMENT AGENCY, PROVIDED THAT THIS PROVISION SHALL NOT APPLY TO MUNI-
 CIPALITIES THAT HAVE ADOPTED A BUILDING CODE THAT MITIGATES FLOOD HAZARD
 RISK  BY  REQUIRING NEW CONSTRUCTION TO BE ELEVATED ABOVE THE BASE FLOOD
 ELEVATION AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY; OR
   (3) DESIGNATED AS A CRITICAL ENVIRONMENTAL AREA BY THE DEPARTMENT;
   (V) COMPLETE  A PHASE I ENVIRONMENTAL SITE ASSESSMENT PURSUANT TO  THE
 FEDERAL COMPREHENSIVE ENVIRONMENTAL  RESPONSE,  COMPENSATION AND LIABIL-
 ITY  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 MULTIPLE DWELLING TO THE LOCAL  AGENCY
 RESPONSIBLE  FOR  APPROVING OR DENYING THE APPLICATION FOR SUCH MULTIPLE
 DWELLING. IF THE PHASE I ENVIRONMENTAL  SITE  ASSESSMENT  FINDS  CONTAM-
 INATION  THAT  EXCEEDS ACCEPTABLE LEVELS OF CONTAMINANTS FOR RESIDENTIAL
 USE AS SET FORTH IN REGULATIONS PROMULGATED PURSUANT TO TITLES  THIRTEEN
 AND FOURTEEN OF ARTICLE TWENTY-SEVEN AND TITLE FIVE OF ARTICLE FIFTY-SIX
 OF  THIS CHAPTER AND RELATED REGULATIONS GOVERNING ENVIRONMENTAL REMEDI-
 ATION, THE LOCAL AGENCY RESPONSIBLE FOR APPROVING OR DENYING THE  APPLI-
 S. 925--C                           3
 
 CATION  MAY  REQUIRE REMEDIATION OF THE SITE TO APPLICABLE STANDARDS FOR
 RESIDENTIAL USE PRIOR TO  THE  ISSUING  OF  A  CONSTRUCTION  PERMIT  FOR
 CONSTRUCTION OF A MULTIPLE DWELLING;
   (VI)  RECEIVE  A  WRITTEN CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL
 PROFESSIONAL, AS SUCH TERM SHALL BE DEFINED BY THE DEPARTMENT  IN  REGU-
 LATION, THAT THE CONSTRUCTION OF SUCH MULTIPLE DWELLING WILL NOT VIOLATE
 ANY  STATE  WETLAND  LAWS  UNDER ARTICLES TWENTY-FOUR AND TWENTY-FIVE OF
 THIS CHAPTER, OR ANY RULES OR REGULATIONS PROMULGATED THERETO;
   (VII) RECEIVE A WRITTEN CERTIFICATION FROM A  QUALIFIED  ENVIRONMENTAL
 PROFESSIONAL,  AS  SUCH TERM SHALL BE DEFINED BY THE DEPARTMENT IN REGU-
 LATION, THAT CONSTRUCTION OF SUCH MULTIPLE DWELLING, AS  PROPOSED,  WILL
 NOT  VIOLATE  ANY DRINKING WATER LAWS UNDER ARTICLE ELEVEN OF THE PUBLIC
 HEALTH LAW, OR ANY RULES OR REGULATIONS PROMULGATED THERETO; AND
   (VIII) RECEIVE CERTIFICATION BY AN ARCHITECT  LICENSED  BY  THE  STATE
 THAT THE BUILDING HAS BEEN DESIGNED TO MEET ONE OR MORE OF THE FOLLOWING
 BUILDING STANDARDS:
   (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 WITH RESPECT TO CONSTRUCTION OF MULTIPLE DWELLINGS  SUBJECT
 TO  LIMITED  REVIEW.  (A) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO
 THE CONTRARY, ACTIONS WITH RESPECT TO THE CONSTRUCTION OF  NEW  MULTIPLE
 DWELLINGS  THAT  ARE NOT EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SUBDIVI-
 SION ONE OF THIS SECTION, AND THAT ARE QUALIFYING ACTIONS, SHALL NOT  BE
 SUBJECT  TO  ANY  ENVIRONMENTAL  REVIEW STANDARDS UNDER THIS ARTICLE, OR
 RULES OR REGULATIONS PROMULGATED THERETO, THAT DO NOT  CONSIST  OF  CORE
 ENVIRONMENTAL  CONCERNS, AS SUCH TERM SHALL BE DEFINED BY THE DEPARTMENT
 IN REGULATION. TOPICS OF REVIEW THAT SHALL BE EXEMPT UNDER THIS SUBDIVI-
 SION AS FAILING TO MEET THE  STANDARD  OF  CORE  ENVIRONMENTAL  CONCERNS
 SHALL  INCLUDE, BUT NOT BE LIMITED TO, TRAFFIC IMPACTS, CASTING OF SHAD-
 ING 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 DISAD-
 VANTAGED 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, THE PROPOSED MULTIPLE DWELLING 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 IN THE EVENT OF  SEA  LEVEL  RISE
 GREATER  THAN  OR EQUAL TO THE HIGH-MEDIUM PROJECTION BY YEAR TWENTY-ONE
 HUNDRED AS SET FORTH IN  REGULATIONS  PROMULGATED  PURSUANT  TO  SECTION
 3-0319 OF THIS CHAPTER,  OR ANY OTHER SCIENCE-BASED PROJECTION OF FUTURE
 SEA LEVEL CONDITIONS DEEMED SATISFACTORY BY THE COMMISSIONER;
   (2) DESIGNATED AS A SPECIAL FLOOD HAZARD AREA BY THE FEDERAL EMERGENCY
 MANAGEMENT AGENCY, PROVIDED THAT THIS PROVISION SHALL NOT APPLY TO MUNI-
 CIPALITIES THAT HAVE ADOPTED A BUILDING CODE THAT MITIGATES FLOOD HAZARD
 S. 925--C                           4
 
 RISK  BY  REQUIRING NEW CONSTRUCTION TO BE ELEVATED ABOVE THE BASE FLOOD
 ELEVATION AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY ; OR
   (3) DESIGNATED AS A CRITICAL ENVIRONMENTAL AREA BY THE DEPARTMENT.
   3.  MANDATORY REVIEW.   EVERY ACTION THAT IS A QUALIFYING ACTION UNDER
 SUBDIVISION ONE OR TWO OF THIS SECTION SHALL BE SUBJECTED TO A  DETERMI-
 NATION  BY  THE  LOCAL  PERMITTING  AUTHORITY  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. IF, AFTER SIXTY DAYS,  THE
 LOCAL  AGENCY  RESPONSIBLE  FOR APPROVING OR DENYING THE APPLICATION FOR
 SUCH MULTIPLE DWELLING HAS FAILED TO RETURN SUCH  A  DETERMINATION,  THE
 APPLICANT  MAY  APPEAL  TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
 FOR A DETERMINATION, AND IN SUCH CASE THE DIVISION SHALL RENDER A DETER-
 MINATION WITHIN SIXTY DAYS OF RECEIPT OF THE APPLICATION.
   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 PURSUANT HERETO ON THE BASIS  THAT  THE
 MULTIPLE  DWELLING  WOULD  BE  CONSTRUCTED  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 ENVI-
 RONMENTAL 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 THE PROPOSED MULTIPLE
 DWELLING WOULD BE  SUBSTANTIALLY  CONTIGUOUS  TO  A  HISTORIC  SITE,  OR
 LOCATED IN A NEIGHBORHOOD CONTAINING HISTORIC SITES.
   5.  WASTEWATER  TREATMENT  AND  STORMWATER  MANAGEMENT.  (A) AN ACTION
 EXEMPT FROM ENVIRONMENTAL REVIEW REQUIREMENTS UNDER SUBDIVISION  ONE  OR
 TWO  OF THIS SECTION MAY PROVIDE CONCEPT PLANS TO EITHER THE APPROPRIATE
 LOCAL GOVERNMENTAL ENTITY OR THE DEPARTMENT THAT  DEMONSTRATE  THAT  THE
 MULTIPLE DWELLING WILL HAVE ADEQUATE WASTEWATER TREATMENT TO ACCOMMODATE
 THE  COMPLETED  MULTIPLE  DWELLING  FOR  NO LESS THAN THIRTY YEARS.  THE
 DEPARTMENT SHALL ESTABLISH A METHOD  BY  WHICH  DEVELOPERS  OF  PROPOSED
 MULTIPLE  DWELLINGS MAY SUBMIT SUCH CONCEPT PLANS PURSUANT TO THIS PARA-
 GRAPH. UPON SUBMISSION OF SUCH CONCEPT  PLANS,  THE  LOCAL  GOVERNMENTAL
 ENTITY  OR  THE  DEPARTMENT,  AS  APPLICABLE, SHALL APPROVE OR DENY SUCH
 CONCEPT WASTEWATER TREATMENT PLANS  NO  LATER  THAN  THIRTY  DAYS  AFTER
 SUBMISSION OF SUCH PLANS.
   (B)  AN  ACTION  EXEMPT  FROM  ENVIRONMENTAL REVIEW REQUIREMENTS UNDER
 SUBDIVISION ONE OR TWO OF THIS SECTION SHALL  BE  REQUIRED  TO  MAINTAIN
 COMPLIANCE WITH ALL APPLICABLE STORMWATER REGULATIONS.
   6. DISADVANTAGED COMMUNITIES. THE DEPARTMENT SHALL REQUIRE, BY RULE OR
 REGULATION,  THAT QUALIFYING ACTIONS WITH RESPECT TO THE CONSTRUCTION OF
 NEW MULTIPLE DWELLINGS SHALL NOT:
   (A) CONTRIBUTE MORE THAN A DE  MINIMIS  AMOUNT  OF  POLLUTION  OR  ANY
 DISPROPORTIONATE  POLLUTION BURDEN AFTER THE COMPLETION OF CONSTRUCTION;
 OR
    (B) DIRECTLY DISPLACE LOW-INCOME HOUSEHOLDS BY  REDUCING,  IN  AGGRE-
 GATE,  THEIR RESIDENTIAL HOUSING OPPORTUNITIES IN A DISADVANTAGED COMMU-
 NITY.
   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 SUCH COMMISSIONER SHALL  DEEM  NECES-
 SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION; PROVIDED,
 HOWEVER,  THAT  THE DEPARTMENT AND THE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL SHALL JOINTLY PROMULGATE SUCH  RULES  AND  REGULATIONS  AS  THEY
 S. 925--C                           5
 
 SHALL  DEEM  NECESSARY FOR THE IMPLEMENTATION OF SUBDIVISION SIX OF THIS
 SECTION.
   §  3.  Section 8-0105 of the environmental conservation law is amended
 by adding six new subdivisions 11, 12, 13, 14, 15  and  16  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, OR HISTORIC BUILDINGS LISTED AS LANDMARKS BY  THE  NEW  YORK
 CITY LANDMARKS PRESERVATION COMMISSION.
   12.  "CONTRIBUTING PROPERTY" MEANS A BUILDING, STRUCTURE, FACILITY, OR
 SITE LOCATED WITHIN A HISTORIC SITE OR DISTRICT 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
 IMPROVED OR UTILIZED ONE YEAR PRIOR TO THE EFFECTIVE DATE OF THIS SUBDI-
 VISION,  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.