Senate Bill S3492

2025-2026 Legislative Session

Enacts the sustainable affordable housing and sprawl prevention act

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation 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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2025-S3492 (ACTIVE) - Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §8-0119, amd §8-0105, En Con L; amd §600, Pub Hous L
Versions Introduced in Other Legislative Sessions:
2021-2022: S9607
2023-2024: S925

2025-S3492 (ACTIVE) - Summary

Enacts the "sustainable affordable housing and sprawl prevention act"; exempts or limits environmental review under SEQR for the construction of certain new residential units to avoid creating unnecessary housing sprawl; limits certain rights to action under SEQR; makes related provisions.

2025-S3492 (ACTIVE) - Sponsor Memo

2025-S3492 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3492
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2025
                                ___________
 
 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
 
 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, INCLUDING BUILDING PERMITS,
 VARIANCES,  SUBDIVISION  APPROVALS, SITE PLAN APPROVALS, AND ZONING TEXT
 AMENDMENTS, 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03754-02-5
              

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