Bill Text: NY A03798 | 2021-2022 | General Assembly | Amended

New York Assembly Bill 3798 (Prior Session Legislation)

Bill Title: Establishes the sustainable affordable housing incentive program to provide assistance in the form of payments, grants and loans for reasonable and necessary expenses to an eligible applicant for sustainable housing activities; defines terms.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2022-05-16 - REFERRED TO FINANCE [A03798 Detail]

Download: New_York-2021-A03798-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         3798--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 28, 2021
                                       ___________

        Introduced  by  M.  of  A.  CYMBROWITZ,  SIMON, BURDICK -- read once and
          referred to the Committee on Housing -- reported and referred  to  the
          Committee  on  Ways  and Means -- recommitted to the Committee on Ways
          and Means in accordance with Assembly Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to amend the private housing finance law, in relation to estab-
          lishing the sustainable affordable housing incentive program

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The private housing finance law is amended by adding a new
     2  article 32 to read as follows:
     3                                ARTICLE XXXII
     4              SUSTAINABLE AFFORDABLE HOUSING INCENTIVE PROGRAM
     5  Section 1290. Statement of legislative findings and purpose.
     6          1291. Definitions.
     7          1292. Sustainable affordable housing incentive program.
     8    § 1290. Statement of legislative findings and purpose. The legislature
     9  finds and declares that climate change is having  a  significant  impact
    10  upon  our  environment, health, and safety and it is necessary to imple-
    11  ment programs and policies that immediately reduce greenhouse gas  emis-
    12  sions.  The  legislature  further  finds  that  residential housing is a
    13  source for such emissions and we can only address climate  change  in  a
    14  meaningful  manner  if  we  change  our  practices and behaviors as they
    15  relate to the construction of and improvements to such housing, such  as
    16  the  use  of environmentally-sensitive design and the construction prac-
    17  tices and materials; the installation of energy efficient products;  and
    18  access  to  renewable  energy  sources.    Establishing a new program to
    19  encourage and publicly subsidize more environmentally-friendly practices
    20  and materials will reduce greenhouse gas emissions from multi-unit hous-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06426-02-2

        A. 3798--A                          2

     1  ing throughout New York state and help address climate change for future
     2  generations.
     3    §  1291.  Definitions. For the purposes of this article, the following
     4  terms shall have the following meanings:
     5    1. "Corporation" shall mean the housing trust fund corporation  estab-
     6  lished in section forty-five-a of this chapter.
     7    2.  "Sustainable  affordable housing activities" shall mean activities
     8  by an eligible applicant for a specific work or series of works for  the
     9  creation,  preservation  or improvement of affordable housing which will
    10  reduce greenhouse gas emissions through the use of design, construction,
    11  materials and products, and access  to  renewable  energy  sources  that
    12  exceed  a  greenhouse gas emissions baseline for such housing, as deter-
    13  mined by the corporation in consultation with the New York state  energy
    14  research and development corporation.
    15    3.  "Eligible  applicant"  shall  mean a not-for-profit corporation or
    16  charitable organization, or a wholly-owned subsidiary of such  a  corpo-
    17  ration  or  organization,  or  a  private for-profit developer such as a
    18  person, corporation, partnership or limited liability company.
    19    4. "Affordable residential development" shall mean a  multiple  family
    20  dwelling which is subject to a regulatory agreement with a local, state,
    21  or federal government entity.
    22    §  1292.  Sustainable  affordable housing incentive program. 1. Within
    23  amounts appropriated or otherwise available  therefor,  the  corporation
    24  shall  develop and administer a sustainable affordable housing incentive
    25  program which shall provide assistance in the form of  payments,  grants
    26  and loans for reasonable and necessary expenses to an eligible applicant
    27  for sustainable housing activities.
    28    2. The corporation shall develop procedures, criteria and requirements
    29  related  to  the  application  and  award  of  projects pursuant to this
    30  section which shall include:   eligibility, market  demand,  feasibility
    31  and funding criteria; the funding determination process; supervision and
    32  evaluation  of  contracting applicants; reporting, budgeting and record-
    33  keeping requirements; provisions for  modification  and  termination  of
    34  contracts; and such other matters not inconsistent with the purposes and
    35  provisions  of  this  article as the corporation shall deem necessary or
    36  appropriate.
    37    § 2. This act shall take effect immediately.