BILL NUMBER: S3492A
SPONSOR: MAY
 
TITLE OF BILL:
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"
 
PURPOSE:
To streamline the process of building sustainable housing in already
developed areas
 
SUMMARY OF PROVISIONS:
Section one names the bill "sustainable affordable housing and sprawl
prevention act"
Section two adds a new section 8 - 0119 to the environmental conserva-
tion law
Subsection one exempts certain housing construction projects from envi-
ronmental review if the developers of the project obtain certification
that they do not violate state environmental laws, meet an affordability
threshold as determined by the Division of Housing and Community
Renewal, and are certified that their construction is certified as a
sustainable construction level
Subsection two establishes what topics shall be considered for environ-
mental review of housing
Subsection three establishes a review to determine if housing actions in
this state are qualifying actions under this section
Subsection four establishes what housing developments in historical
districts are eligible for environmental review
Subsection five establishes guidelines for wastewater and stormwater
infrastructure
Subsection six creates guidelines for pollution standards in Disadvan-
taged Communities
Subsection seven authorizes the commissioner of the Department of Envi-
ronmental Conservation to promulgate rules and regulations to implement
this bill
Section three amends subdivision 4 of section 8-0105 of the environ-
mental conservation law and adds 5 new subdivisions
Subdivision eleven defines Historic site
Subdivision twelve defines Contributing property Subdivision thirteen
defines Dwelling
Subdivision fourteen defines Multiple dwelling Subdivision fifteen
defines Residential unit
Section four amends section 600 of public housing law to add a new
subsection 6 Subsection six establishes what housing agencies are
covered by this bill
Section five sets the effective date
 
JUSTIFICATION:
The state's environmental review regulations help prevent or improve
projects that would otherwise have harmful impacts on the environment.
However, with housing, these regulations unintentionally make it harder
to build dense housing. This harms the environment while also increasing
housing costs.
Dense forms of housing built in areas where there is already infrastruc-
ture, services, and a community, or "infill housing," has numerous bene-
fits. It can help reduce the amount of time people spend in cars, makes
public transit service more accessible, and can help prevent costly
infrastructure installation and maintenance like sewer, roads, and water
service. Our current environmental review process for housing takes
years on average, adding to costs and reducing predictably for any enti-
ty attempting to build housing. It also rarely reviews serious matters
of environmental importance, more often focusing on topics covered in
other areas of planning processes such as neighborhood character. This
results in less housing, feeds ever-expanding sprawl, and prioritizes
more low-density housing.
This bill streamlines the process for dense infill housing, while
specifically protecting environmental concerns like drinking water and
wetlands. It also requires high standards of building quality using
accredited environmental certification programs. By creating a more
streamlined and predictable process, it will also reduce costs and allow
for more affordable housing production.
 
LEGISLATIVE HISTORY:
2023-2024 - S.925-C (May)
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
180 days after becoming law.

Statutes affected:
S3492: 8-0105 environmental conservation law, 600 public housing law
S3492A: 8-0105 environmental conservation law, 600 public housing law