Home » Publications » Alerts » NYS Smart Growth Act Sets New Requirements for State Funded Development Projects

NYS Smart Growth Act Sets New Requirements for State Funded Development Projects

Release Date: December 08, 2010

For a printable copy of this Alert, please click here

The New York State Smart Growth Public Infrastructure Policy Act was signed into law by Governor David Paterson and became effective on September 29, 2010. This new law is intended to minimize "unnecessary costs of sprawl development" by requiring most state agencies and public authorities to consider and evaluate the extent to which projects approved, undertaken or funded by the State are consistent with "smart growth public infrastructure criteria" and requiring those agencies to either certify a project's consistency with those criteria or justify its deviation from those principals. 

Although the law applies only directly to state agencies and authorities, it will also affect local municipalities and school districts which seek state funding and/or approvals for public infrastructure projects, as well as private developers whose projects rely on supporting public infrastructure or regulatory approval and/or funding from a covered agency or authority.  

 
The Smart Growth Public Infrastructure Policy Act provides applies to "state infrastructure agencies," or SIA's, which are defined to include, among others, the departments of Transportation, Education, and State, as well as most State economic development corporations (as well as any subsidiaries) and all public authorities. Prior to approving, undertaking, supporting or financing (through grants, loans or other assistance programs) any public infrastructure project, the agency must evaluate whether the proposed project is consistent with certain specified "smart growth" criteria. Public infrastructure projects impacted by this legislation include, for example, virtually all state funded transportation projects, sewer and waste water treatment plant construction or improvements, school construction and expansion and housing developments, as well as many private developments that rely, in part, on the development of such infrastructure. 
 

The "smart growth" criteria specified in the statute include the following:
 
            ●          To advance the use or improvement of existing infrastructure;
 
            ●          To advance projects located in existing municipal centers;
 
            ●          To advance projects in developed areas or areas officially designated for concentrated infill development;
 
            ●          To protect and preserve open space, agricultural land, forests, waters, and significant scenic, historical or archeological resources; more

If you have any questions about the New York State Smart Growth Public Infrastructure Policy Act, please contact:
 

716.843.3844

 
 

This Jaeckle Alert, prepared by the attorneys at Jaeckle Fleischmann & Mugel, LLP, is intended for general information purposes only and should not be considered legal advice or an opinion on specific facts. For more information on these issues, contact one of the attorneys listed above or your existing Firm contact. Prior results do not guarantee a similar outcome. The invitation to contact is not a solicitation for legal work in any jurisdiction in which the contacted attorney is not admitted to practice. Any attorney/client relationship must be confirmed in writing. 
ã 2010. All Rights Reserved. Jaeckle Fleischmann & Mugel, LLP Buffalo. NY.