Bill Text: NY S00925 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2024-05-31 - PRINT NUMBER 925C [S00925 Detail]
Download: New_York-2023-S00925-Introduced.html
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2024-05-31 - PRINT NUMBER 925C [S00925 Detail]
Download: New_York-2023-S00925-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 925 2023-2024 Regular Sessions IN SENATE 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: 1 Section 1. This act shall be known and may be cited as the "sustaina- 2 ble affordable housing and sprawl prevention act". 3 § 2. The environmental conservation law is amended by adding a new 4 section 8-0119 to read as follows: 5 § 8-0119. Certain actions exempt or subject to limited review. 6 1. Exempt actions for construction of residential dwellings. (a) 7 Notwithstanding any law, rule or regulation to the contrary, qualifying 8 actions for the construction of a new multiple dwelling or more than one 9 contiguous multiple dwellings that meet the following thresholds shall 10 be automatically determined not to have a significant impact on the 11 environment and shall be exempt from any environmental review require- 12 ments under this article or any rules or regulations promulgated there- 13 to: 14 (i) fewer than ten total residential units in municipalities that have 15 not adopted zoning or subdivision regulations; 16 (ii) fewer than fifty total residential units not to be connected (at 17 the commencement of habitation) to existing community or public water 18 and sewerage systems including sewage treatment works; 19 (iii) in a city, town, or village having a population of ninety thou- 20 sand persons or less, fewer than two hundred total residential units to 21 be connected (at the commencement of habitation) to existing community 22 or public water and sewerage systems including sewage treatment works; 23 (iv) in a city, town, or village having a population of greater than 24 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. LBD03398-01-3S. 925 2 1 residential units to be connected (at the commencement of habitation) to 2 existing community or public water and sewerage systems including sewage 3 treatment works; or 4 (v) in a city having a population of one million or more persons, 5 fewer than one thousand total residential units to be connected (at the 6 commencement of habitation) to existing community or public water and 7 sewerage systems including sewage treatment works. 8 (b) To be determined as a "qualifying action" under paragraph (a) of 9 this subdivision, such action shall: 10 (i) be located in a census track defined as an urbanized area or an 11 urban cluster by the federal Census Bureau; 12 (ii) complete a Phase I Environmental Site Assessment (ESA) pursuant 13 to the federal Comprehensive Environmental Response, Compensation and 14 Liability Act (42 U.S.C. Chapter 103), and complete testing for lead 15 water and paint, asbestos, and radon, the results of which shall be 16 submitted by the proposed developer of such action to the local agency 17 responsible for approving or denying the application for such action; 18 (iii) receive certification from a qualified environmental profes- 19 sional, as such term is defined by the commissioner pursuant to regu- 20 lation, that such action, as proposed, will not violate any state 21 wetland laws or drinking water laws under article eleven of the public 22 health law, or any rules or regulations promulgated thereto; and 23 (iv) be certified under: 24 (1) the Leadership in Energy and Environmental Design Building Rating 25 System (LEED) published by the United States Green Building Council for 26 the category of certified gold, at minimum, as determined by a LEED 27 accredited professional; 28 (2) Enterprise green communities review and certification; or 29 (3) Passive House Institute Passive House certification. 30 2. Actions for construction of multiple dwellings subject to limited 31 review. Notwithstanding any law, rule or regulation to the contrary, 32 actions for the construction of new multiple dwellings that are not 33 exempt from environmental review under subdivision one of this section 34 shall not be subject to any environmental review standards under this 35 article, or rules or regulations promulgated thereto, that do not 36 consist of core environmental concerns, as such term shall be defined by 37 the commissioner. Topics of review that shall be exempt under this 38 subdivision as failing to meet the standard of core environmental 39 concerns shall include, but not be limited to, traffic impacts, casting 40 of shading or shadows, impacts on views from neighboring buildings, 41 consistency with community character, impacts on open space, impacts on 42 neighborhood character, and the resources of local school systems. 43 3. Historic sites. An action otherwise exempt from environmental 44 review requirements under subdivision one of this section may be 45 required to undergo environmental review pursuant to this article or the 46 rules or regulations promulgated thereto on the basis that such action 47 occurs wholly or partially within a historic site, provided, however 48 that such action directly involves a contributing property within such 49 historic site, and provided further that such environmental review is 50 limited in its scope to such contributing property. An action shall not 51 be required to undergo an environmental review under this subdivision 52 solely on the basis that such action is substantially contiguous to a 53 historic site, or located in a neighborhood containing historic sites. 54 4. Authority of the commissioner. The commissioner shall be authorized 55 to consult with any other state or local agency and to promulgate and/orS. 925 3 1 amend any rules and/or regulations he or she shall deem necessary for 2 the implementation of the provisions of this section. 3 § 3. Paragraph (i) of subdivision 4 of section 8-0105 of the environ- 4 mental conservation law, as amended by chapter 252 of the laws of 1977, 5 is amended and five new subdivisions 10, 11, 12, 13 and 14 are added to 6 read as follows: 7 (i) projects or activities directly undertaken by any agency; or 8 projects or activities supported in whole or part through contracts, 9 grants, subsidies, loans, or other forms of funding assistance from one 10 or more agencies; or projects or activities involving the issuance to a 11 person of a lease, permit, license, variance authorization, certificate 12 or other entitlement for use or permission to act by one or more agen- 13 cies; or projects or activities involving the alteration of zoning ordi- 14 nances by a local agency; 15 10. "Historic site" means a historic building, structure, facility, 16 site or district, or prehistoric site that is listed on the National 17 Register of Historic Places (36 CFR Parts 60 and 63), or that is listed 18 on the state register of historic places or that has been determined by 19 the commissioner of parks, recreation and historic preservation to be 20 eligible for listing on the state register of historic places pursuant 21 to section 14.07 or 14.09 of the parks, recreation and historic preser- 22 vation law. 23 11. "Contributing property" means a building, structure, facility, or 24 site located within a historic site that wholly or partially contributes 25 to such designation as a historic site. 26 12. "Dwelling" means any building or structure or portion thereof 27 which is occupied or intended to be occupied in whole or in part as the 28 home, residence, or sleeping place of one or more human beings. 29 13. "Multiple dwelling" means a dwelling that is either rented, 30 leased, let or hired out, to be occupied, or is occupied as the resi- 31 dence or home of four or more separate individuals or groups of individ- 32 uals living independently of each other. A "multiple dwelling" shall not 33 be deemed to include a class B multiple dwelling as defined by section 34 four of the multiple dwelling law, or a hospital, convent, monastery, 35 residential care facility, or a building used wholly for commercial 36 purposes. 37 14. "Residential unit" means a room or group of rooms within a multi- 38 ple dwelling that is designated as the living quarters for an individual 39 or group of individuals living independently from other individuals 40 occupying such multiple dwelling. 41 § 4. Section 8-0109 of the environmental conservation law is amended 42 by adding a new subdivision 10 to read as follows: 43 10. A court shall not intervene with an environmental review conducted 44 pursuant to this article or rules or regulations promulgated thereto 45 unless there is substantial information missing that is material to the 46 decision makers' review. 47 § 5. Section 600 of the public housing law is amended by adding a new 48 subdivision 6 to read as follows: 49 6. A covered housing agency in this state shall be subject, as appli- 50 cable, to the provisions of article eight of the environmental conserva- 51 tion law and any rules and/or regulations promulgated thereto. 52 § 6. This act shall take effect on the one hundred eightieth day after 53 it shall have become a law. Effective immediately, the addition, amend- 54 ment and/or repeal of any rule or regulation necessary for the implemen- 55 tation of this act on its effective date are authorized to be made and 56 completed on or before such effective date.
