Bill Text: NY S00925 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         925--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 9, 2023
                                       ___________

        Introduced  by Sens. MAY, HOYLMAN-SIGAL -- read twice and ordered print-
          ed, 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

        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) be located on previously disturbed land;
    17    (iii) fewer than fifty total residential units not to be connected (at
    18  the  commencement  of  habitation) to existing community or public water
    19  and sewerage systems including sewage treatment works;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03398-08-3
        S. 925--A                           2

     1    (iv) in a city, town, or village having a population of  ninety  thou-
     2  sand  persons or less, fewer than two hundred total residential units to
     3  be connected (at the commencement of habitation) to  existing  community
     4  or public water and sewerage systems including sewage treatment works;
     5    (v)  in  a  city, town, or village having a population of greater than
     6  ninety thousand but less than one million, fewer than five hundred total
     7  residential units to be connected (at the commencement of habitation) to
     8  existing community or public water and sewerage systems including sewage
     9  treatment works; or
    10    (vi) in a city having a population of one  million  or  more  persons,
    11  fewer  than one thousand total residential units to be connected (at the
    12  commencement of habitation) to existing community or  public  water  and
    13  sewerage systems including sewage treatment works.
    14    (b)  To  be determined as a "qualifying action" under paragraph (a) of
    15  this subdivision, such action shall:
    16    (i) be located in a census tract defined as an urbanized  area  or  an
    17  urban cluster by the federal Census Bureau;
    18    (ii) be located on previously disturbed land;
    19    (iii)  qualify  as  affordable  housing, as shall be determined by the
    20  division of housing and community renewal, relative to the  municipality
    21  or  county, as shall be determined by the division of housing and commu-
    22  nity renewal, in which it is located;
    23    (iv) not be located in an area:
    24    (1) projected to experience flooding at greater than or equal  to  sea
    25  level rise of five feet according to the National Oceanic and Atmospher-
    26  ic  Administration,  or any other science-based projection of future sea
    27  level conditions deemed satisfactory by the commissioner;
    28    (2) projected to experience flooding according to the Federal Emergen-
    29  cy Management Agency's five hundred year floodplain maps for flood  zone
    30  designations,  or  any other science-based projection of future flooding
    31  conditions deemed satisfactory by the commissioner; or
    32    (3) that is designated as a critical environmental area by the depart-
    33  ment;
    34    (iv) complete  a Phase I Environmental Site Assessment (ESA)  pursuant
    35  to  the federal Comprehensive Environmental  Response,  Compensation and
    36  Liability  Act  (42  U.S.C.  Chapter 103), and complete testing for lead
    37  water and paint, asbestos, and radon, the  results  of  which  shall  be
    38  submitted  by  the proposed developer of such action to the local agency
    39  responsible for approving or denying the application for such action;
    40    (v) receive certification from a qualified environmental professional,
    41  as such term is defined by the commissioner pursuant to regulation, that
    42  such action, as proposed, will not violate any  state  wetland  laws  or
    43  drinking  water  laws  under article eleven of the public health law, or
    44  any rules or regulations promulgated thereto; and
    45    (vi) be certified under:
    46    (1) the Leadership in Energy and Environmental Design Building  Rating
    47  System  (LEED) published by the United States Green Building Council for
    48  the category of certified gold, at minimum,  as  determined  by  a  LEED
    49  accredited professional;
    50    (2) Enterprise green communities review and certification; or
    51    (3) Passive House Institute Passive House certification.
    52    2.  Actions  for construction of multiple dwellings subject to limited
    53  review. (a) Notwithstanding any law, rule or regulation to the contrary,
    54  actions for the construction of new  multiple  dwellings  that  are  not
    55  exempt  from environmental review under subdivision one of this section,
    56  and that are qualifying actions, shall not be subject  to  any  environ-
        S. 925--A                           3

     1  mental  review  standards  under  this  article, or rules or regulations
     2  promulgated thereto, that do not consist of core environmental concerns,
     3  as such term shall be defined by the commissioner. Topics of review that
     4  shall  be  exempt under this subdivision as failing to meet the standard
     5  of core environmental concerns shall include, but  not  be  limited  to,
     6  traffic  impacts,  casting  of shading or shadows, impacts on views from
     7  neighboring buildings, consistency with community character, impacts  on
     8  neighborhood  character,  and  the  resources  of  local school systems;
     9  except that, in the case of a disadvantaged community,  such  topics  of
    10  concern  may  include  traffic impacts and the resources of local school
    11  systems.
    12    (b) To be determined as a "qualifying action" under paragraph  (a)  of
    13  this subdivision, such action shall:
    14    (i)  be  located  in a census tract defined as an urbanized area or an
    15  urban cluster by the federal Census Bureau;
    16    (ii) be located on previously disturbed land;
    17    (iii) qualify as affordable housing, as shall  be  determined  by  the
    18  division  of housing and community renewal, relative to the municipality
    19  or county, as shall be determined by the division of housing and  commu-
    20  nity renewal, in which it is located; and
    21    (iv) not be located in an area:
    22    (1)  projected  to experience flooding at greater than or equal to sea
    23  level rise of five feet according to the National Oceanic and Atmospher-
    24  ic Administration, or any other science-based projection of  future  sea
    25  level conditions deemed satisfactory by the commissioner;
    26    (2) projected to experience flooding according to the Federal Emergen-
    27  cy  Management Agency's five hundred year floodplain maps for flood zone
    28  designations, or any other science-based projection of  future  flooding
    29  conditions deemed satisfactory by the commissioner; or
    30    (3) that is designated as a critical environmental area by the depart-
    31  ment.
    32    3.  Mandatory  review.  Every action that is a qualifying action under
    33  subdivision one and/or two of this section, that is  conducted  in  this
    34  state,  shall  be subjected to a determination of whether such action is
    35  exempt under subdivision one of this section, and if such action is  not
    36  exempt  under  subdivision  one  of this section, whether such action is
    37  exempt under subdivision two of this section.
    38    4. Historic sites.  An  action  otherwise  exempt  from  environmental
    39  review  requirements  under  subdivision  one  of  this  section  may be
    40  required to undergo environmental review pursuant to this article or the
    41  rules or regulations promulgated thereto on the basis that  such  action
    42  occurs  wholly  or  partially  within a historic site, provided, however
    43  that such action affects a contributing property  within  such  historic
    44  site,  and provided further that such environmental review is limited in
    45  its scope to such contributing property. An action shall not be required
    46  to undergo an environmental review under this subdivision solely on  the
    47  basis  that  such action is substantially contiguous to a historic site,
    48  or located in a neighborhood containing historic sites.
    49    5. Wastewater treatment and stormwater management. (a) (i)  An  action
    50  exempt  from  environmental review requirements under subdivision one or
    51  two of this section may provide plans to the appropriate  local  govern-
    52  mental  entity  that  demonstrate  that  such  action will have adequate
    53  wastewater treatment to accommodate the completed  action  for  no  less
    54  than thirty years.  Such action may, alternatively, submit such plans to
    55  the department.  The department shall establish a method by which devel-
    56  opers  of  proposed actions may submit such plans pursuant to this para-
        S. 925--A                           4

     1  graph. Upon submission of such plans, the local governmental  entity  or
     2  department  shall  approve  or  deny  such wastewater treatment plans no
     3  later than thirty days after submission of such plans.
     4    (ii)  If increased onsite wastewater treatment capacity or a tie-in to
     5  the local public sewer system is necessary to implement the action,  and
     6  building  permits  are  needed  to  implement  such wastewater treatment
     7  capacity increase or tie-in, the local governmental  entity  responsible
     8  for issuing such building permits shall not exercise its discretion over
     9  any  approval relating to such wastewater treatment capacity increase or
    10  tie-in in a manner that would inhibit, chill, or preclude development of
    11  such action.
    12    (b) An action exempt  from  environmental  review  requirements  under
    13  subdivision  one  or  two  of this section shall be required to maintain
    14  compliance with all local stormwater regulations.
    15    6. Disadvantaged communities. The department shall require, by rule or
    16  regulation, that actions for the construction of new multiple  dwellings
    17  that  are  not exempt from environmental review under subdivision one of
    18  this section shall not contribute more  than  a  de  minimis  amount  of
    19  pollution  or  any  disproportionate  pollution  burden on, or cause any
    20  displacement of residents of, a disadvantaged community.
    21    7. Authority of the commissioner. The commissioner shall be authorized
    22  to consult with any other state or local agency and to promulgate and/or
    23  amend any rules and/or regulations he or she shall  deem  necessary  for
    24  the implementation of the provisions of this section.
    25    §  3.  Section 8-0105 of the environmental conservation law is amended
    26  by adding five new subdivisions 11,  12,  13,  14  and  15  to  read  as
    27  follows:
    28    11.  "Historic  site"  means a historic building, structure, facility,
    29  site or district, or prehistoric site that is  listed  on  the  National
    30  Register  of Historic Places (36 CFR Parts 60 and 63), or that is listed
    31  on the state register of historic places or that has been determined  by
    32  the  commissioner  of  parks, recreation and historic preservation to be
    33  eligible for listing on the state register of historic  places  pursuant
    34  to  section 14.07 or 14.09 of the parks, recreation and historic preser-
    35  vation law.
    36    12. "Contributing property" means a building, structure, facility,  or
    37  site located within a historic site that wholly or partially contributes
    38  to such designation as a historic site.
    39    13.  "Dwelling"  means  any  building  or structure or portion thereof
    40  which is occupied or intended to be occupied in whole or in part as  the
    41  home, residence, or sleeping place of one or more human beings.
    42    14.  "Multiple  dwelling"  means  a  dwelling  that  is either rented,
    43  leased, let or hired out, or sold, to be occupied, or is occupied as the
    44  residence or home of four or more  separate  individuals  or  groups  of
    45  individuals  living  independently  of  each  other,  including, but not
    46  limited to, apartments, condominiums, and townhouses. A "multiple dwell-
    47  ing" shall not be deemed to include  a  class  B  multiple  dwelling  as
    48  defined  by  section  four  of the multiple dwelling law, or a hospital,
    49  convent, monastery, residential care facility, or a building used wholly
    50  for commercial purposes.
    51    15. "Residential unit" means a room or group of rooms within a  multi-
    52  ple dwelling that is designated as the living quarters for an individual
    53  or  group  of  individuals  living  independently from other individuals
    54  occupying such multiple dwelling.
    55    16. "Previously disturbed land" shall mean a parcel  or  lot  of  land
    56  that  was  occupied  or  formerly  occupied  by  a building or otherwise
        S. 925--A                           5

     1  improved or utilized on or before the effective date  of  this  section,
     2  and was not most recently used for commercial agricultural purposes.
     3    §  4. Section 600 of the public housing law is amended by adding a new
     4  subdivision 6 to read as follows:
     5    6. A covered housing agency in this state shall be subject, as  appli-
     6  cable, to the provisions of article eight of the environmental conserva-
     7  tion law and any rules and/or regulations promulgated thereto.
     8    § 5. This act shall take effect on the one hundred eightieth day after
     9  it  shall have become a law. Effective immediately, the addition, amend-
    10  ment and/or repeal of any rule or regulation necessary for the implemen-
    11  tation of this act on its effective date are authorized to be  made  and
    12  completed on or before such effective date.