N.Y. Environmental Conservation Law § 6-0107: State smart growth public infrastructure criteria

§ 6-0107. State smart growth public infrastructure criteria.

1. In addition to meeting other criteria and requirements of law

governing approval, development, financing and state aid for the

construction of new or expanded public infrastructure or the

reconstruction thereof, no state infrastructure agency shall approve,

undertake, support or finance a public infrastructure project, including

providing grants, awards, loans or assistance programs, unless, to the

extent practicable, it is consistent with the relevant criteria

specified in subdivision two of this section.

2. The following are the state smart growth public infrastructure

criteria:

a. to advance projects for the use, maintenance or improvement of

existing infrastructure;

b. to advance projects located in municipal centers;

c. To advance projects in developed areas or areas designated for

concentrated infill development in a municipally approved comprehensive

land use plan, local waterfront revitalization plan and/or brownfield

opportunity area plan;

d. to protect, preserve and enhance the state's resources, including

agricultural land, forests, surface and groundwater, air quality,

recreation and open space, scenic areas, and significant historic and

archeological resources;

e. to foster mixed land uses and compact development, downtown

revitalization, brownfield redevelopment, the enhancement of beauty in

public spaces, the diversity and affordability of housing in proximity

to places of employment, recreation and commercial development and the

integration of all income and age groups;

f. to provide mobility through transportation choices including

improved public transportation and reduced automobile dependency;

g. to coordinate between state and local government and intermunicipal

and regional planning;

h. to participate in community based planning and collaboration;

i. to ensure predictability in building and land use codes; and

j. to promote sustainability by strengthening existing and creating

new communities which reduce greenhouse gas emissions and do not

compromise the needs of future generations, by among other means

encouraging broad based public involvement in developing and

implementing a community plan and ensuring the governance structure is

adequate to sustain its implementation.

k. to mitigate future physical climate risk due to sea level rise,

and/or storm surges and/or flooding, based on available data predicting

the likelihood of future extreme weather events, including hazard risk

analysis data if applicable.

3. Before making any commitment, including entering into an agreement

or incurring any indebtedness for the purpose of acquiring,

constructing, or financing any project covered by the provisions of this

article, the chief executive officer of a state infrastructure agency

shall attest in a written smart growth impact statement that the

project, to the extent practicable, meets the relevant criteria set

forth in subdivision two of this section, unless in any respect the

project does not meet such criteria or compliance is considered to be

impracticable, which shall be detailed in a statement of justification.

4. Nothing in this section shall contravene any federal law governing

the expenditure of disbursement of federal infrastructure funding

administered by the state.