§ 6-0107 — State smart growth public infrastructure criteria

New York § 6-0107

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Art. 6: State Smart Growth Public Infrastructure Policy Act

Text

§ 6-0107. State smart growth public infrastructure criteria.\n 1. In addition to meeting other criteria and requirements of law\ngoverning approval, development, financing and state aid for the\nconstruction of new or expanded public infrastructure or the\nreconstruction thereof, no state infrastructure agency shall approve,\nundertake, support or finance a public infrastructure project, including\nproviding grants, awards, loans or assistance programs, unless, to the\nextent practicable, it is consistent with the relevant criteria\nspecified in subdivision two of this section.\n 2. The following are the state smart growth public infrastructure\ncriteria:\n a. to advance projects for the use, maintenance or improvement of\nexisting infrastructure;\n b. to advance projects located in municipal centers;\n c. To advance projects in developed areas or areas designated for\nconcentrated infill development in a municipally approved comprehensive\nland use plan, local waterfront revitalization plan and/or brownfield\nopportunity area plan;\n d. to protect, preserve and enhance the state's resources, including\nagricultural land, forests, surface and groundwater, air quality,\nrecreation and open space, scenic areas, and significant historic and\narcheological resources;\n e. to foster mixed land uses and compact development, downtown\nrevitalization, brownfield redevelopment, the enhancement of beauty in\npublic spaces, the diversity and affordability of housing in proximity\nto places of employment, recreation and commercial development and the\nintegration of all income and age groups;\n f. to provide mobility through transportation choices including\nimproved public transportation and reduced automobile dependency;\n g. to coordinate between state and local government and intermunicipal\nand regional planning;\n h. to participate in community based planning and collaboration;\n i. to ensure predictability in building and land use codes; and\n j. to promote sustainability by strengthening existing and creating\nnew communities which reduce greenhouse gas emissions and do not\ncompromise the needs of future generations, by among other means\nencouraging broad based public involvement in developing and\nimplementing a community plan and ensuring the governance structure is\nadequate to sustain its implementation.\n k. to mitigate future physical climate risk due to sea level rise,\nand/or storm surges and/or flooding, based on available data predicting\nthe likelihood of future extreme weather events, including hazard risk\nanalysis data if applicable.\n 3. Before making any commitment, including entering into an agreement\nor incurring any indebtedness for the purpose of acquiring,\nconstructing, or financing any project covered by the provisions of this\narticle, the chief executive officer of a state infrastructure agency\nshall attest in a written smart growth impact statement that the\nproject, to the extent practicable, meets the relevant criteria set\nforth in subdivision two of this section, unless in any respect the\nproject does not meet such criteria or compliance is considered to be\nimpracticable, which shall be detailed in a statement of justification.\n 4. Nothing in this section shall contravene any federal law governing\nthe expenditure of disbursement of federal infrastructure funding\nadministered by the state.\n