Smart Growth bills advance in New York State

Some important bills have been rapidly moving forward in New York State in the past few weeks, many of which are part of the Long Island Lobby Day Coalition's legislative package. In many instances, we have been told that these bills have moved forward in large part due to pressure and advocacy work on behalf of Long Island and the Coalition. It's exciting to see so many good things getting done at the state level!

The Smart Growth Public Infrastructure Policy Act passed the Assembly and Senate last week and is currently awaiting the Governor's signature, which is expected to take place soon. Among the first to hear the news were 600 attendees of the 2010 Smart Growth Awards last Friday. Senator Brian X. Foley, a sponsor of the bill, called in to the event with the hot-off-the-Senate-floor news that the bill had passed overwhelmingly. We thank all the Legislators who listened to their constituents and helped pass this vital bill, and we encourage Governor Paterson to sign it into law.

The bill amends the environmental conservation law "to provide for state funding of infrastructure in a manner that is consistent with smart growth principles." It favors "fix-it-first" projects and authorizes each State infrastructure agency to create a Smart Growth advisory committee. This bill is a big win for Smart Growth, essentially disallowing municipal agencies from subsidizing sprawl. The bill language is available here (Senate) and here (Assembly).

The Complete Streets bill passed the Senate last Thursday by a 58-3 margin. Vision's Eric Alexander traveled to Albany last Thursday for a press conference sponsored by Senate Transportation Committee Chair Martin Malavé Dilan to announce the Senate's passage and to encourage the legislation to move forward quickly. A video of the press conference is available here; skip to 24:45 for Vision's part. A version of the bill passed through the Assembly Transportation Committee last week with several amendments that make the bill quite different from the Senate version; both houses will have to work out the differences. The LI Lobby Day Coalition encourages the Assembly to adopt the Senate bill's language in order for a successful bill to pass before this legislative session expires. According to an analysis by Tri-State Transportation Campaign: "The differences are quite stark. The Assembly bill would affect only state roads (the Senate affects state, county, and local roads receiving state or federal funds), add unnecessary exemptions, and generally weaken the legislation so it is more a requirement to study complete streets measures instead of actually implementing them."

The bill amends the State Highway law, enabling safe access to public roads for all users by utilizing Complete Streets design principles. Complete Streets is a policy that ensures all users of the transportation system, including pedestrians, bicyclists, transit users, motorists, children, seniors and individuals with disabilities are able to travel safely and conveniently on and across all roads. The Senate's bill language is available here. 

The following is a joint statement on the status of the Complete Streets bill by several advocacy organizations, including Vision. Please urge your Assembly members to pass a Complete Streets bill using the Senate bill's language!

Assembly Complete Streets Bill Exempts Most
Dangerous Roadways

New York State Residents Deserve Better

Statement by
Lois Aronstein, State Director, AARP New York
Kate Slevin, Executive Director, Tri-State Transportation Campaign
Paul Steely White, Executive Director, Transportation Alternatives
Eric Alexander, Executive Director, Long Island Vision
Peter Fleischer, Executive Director, Empire State Future
Ivan Vamos, Legislator Director, NYS Bicycle Coalition

Enacting a comprehensive complete streets policy in New York State would not only improve the quality of life for millions of New Yorkers across the state, it would provide much needed supports to make our communities more livable now and into the future.   

The Senate has already passed legislation (S.5711-B Dilan) that would provide an innovative, safe and balanced approach to how New York State designs its roadways.  Under this bill, roads that are being built or redesigned using state and federal dollars would be required to consider all users of the road, pedestrians, bicyclists, people with disabilities, public transit and automobiles. This comprehensive policy would apply to the majority of roads in New York State.    

The Assembly version of the bill (A.8587 Gantt) falls short in this respect.  Although it would accommodate the same modes of transportation, it is very limited in scope and scale.  Under this bill, complete streets policy would only apply to state roads meaning that the majority of roads where pedestrian and bicyclist injuries occur would be exempt from the consideration of creating safe access to all users.  This policy is unacceptable to our organizations.  

The Assembly bill language would have a dramatic, negative impact on communities in New York State as the majority of pedestrian fatalities and injuries occur on city and county roads.  A recent five-county report released by AARP, which compares five of the most populous upstate New York counties, identified the 49 most dangerous roadways in these areas.  A similar report, released by the Tri-State Transportation Campaign, identified ten of the most dangerous roadways in New York City and Long Island.  The Assembly bill would exempt 46 out of the 49 identified in the upstate New York area and 7 out of the 10 indentified in the downstate area.  

Both reports indicated that older New Yorkers are disproportionately represented in bicycle and pedestrian fatality statistics.  New York State currently ranks 3rd nationwide for pedestrian fatalities for people age 65+.  Complete streets policy would not just benefit older New Yorkers but would benefit New Yorkers of all ages.  This policy helps keep people healthy and has a positive local economic impact when people can more easily access the products and services in their communities.

Opponents of the bill claim that the Senate version is an unfunded mandate.  That is not the case.  The bill clearly states that if making accommodations for pedestrians is too costly or not needed, it does not have to be built it that way.  It is clearly not a mandate and does not require municipalities in New York State to build a road they either cannot afford or do not need.  

It is time for the New York State Assembly to pass the Senate version of Complete Streets policy to create communities in our state that are more livable and provide a better quality of life. 

Universal Design passed the Senate and was referred to Assembly two weeks ago. The bill "establishes the universal design incentive which authorizes the secretary of the department of state to reduce building permit fees for new construction or substantial alterations providing for accessible housing for persons with physical disabilities." In other words, the bill incentivizes homes to be built using universal design principles which allow elderly or disabled persons to live comfortably in their homes; or to "age in place." Senator Brian X. Foley sponsored the bill, available here.

The Energy Star Homes bill is also moving forward, having passed the Senate this week. Ten Long Island Towns recently passed an Energy Star Homes law, and statewide legislation is based off of that successful model. The bill would amend the State Energy Conservation Construction Code to set a higher energy efficiency standard for new homes built in New York State. It would require performance verification of all new homes by an independent Home Energy Rating System (HERS) rater, resulting in homes that are more comfortable, save energy, save money, and reduce our carbon footprint. The bill language is available here.

In addition, the Senate Democratic Majority has approved its "Complete Streets/Smart Growth" blueprint for safer roads and highways across the State, in order to cut costs for municipalities and help rebuild infrastructure and the State's economy. The 3-bill legislative package will help urban, rural and residential communities put into motion: transportation enhancements which improve safety, access and mobility for all travelers, regardless of age or ability; healthier lifestyles through alternative transportation methods; solutions to urban sprawl; and preservation of natural resources. The bills include Complete Streets, the Smart Growth Public Infrastructure Policy Act and Universal Design.

The following are statements in support of this legislative package from Senators and LI Lobby Day Coalition members:

Senator Martin Dilan (Complete Streets bill sponsor) said, “New Yorkers’ transportation habits have changed. They have turned to walking and riding bicycles to save money, reduce their carbon footprint and live healthier lives. They drive more fuel-efficient vehicles, make use of mass transit and live closer to community hubs. Where we can, we must begin to consider what’s best for all those that make use of the state’s infrastructure. It’s time we plan, design and build for a multi-modal state.”

Senator Suzi Oppenheimer (Smart Growth Public Infrastructure bill sponsor) said, "I am pleased to have sponsored this important legislation, which incorporates Smart Growth principles into the evaluation of public infrastructure projects. Smart growth practices promote economic growth and reinvestment in developed and developing areas, while protecting open space and natural resources.  This bill will result in better agency decision-making and environmentally sound planning for our communities."

Senator Brian X. Foley said, "We need to begin to change the way in which we design and renovate our homes, our cities and our state so that our structures and communities are sustainable and accessible. Ensuring that we keep the lid on suburban sprawl and making our streets safe for not just automobiles but pedestrians and bicyclists as well must be a priority. We must also do everything we can to make it easier for our aging residents to live in their homes for as long as possible, which is the goal of my universal design legislation."

Peter Fleischer, Executive Director, Empire State Future said, “This is an exciting day for New York.  These initiatives will meaningfully advance the cause of better communities. By aligning public infrastructure expenditures with smart growth criteria we will begin to set New York on a path toward environmental and economic sustainability.   The "Smart Growth" bill will help ensure that these limited infrastructure funds become investments that lead to a more prosperous future.

Kate Slevin, executive director of the Tri-State Transportation Campaign said, “A state complete streets policy is absolutely necessary to meet the transportation demands of the 21st century.  Safer routes for walkers, cyclists, transit users, and drivers will reduce needless traffic deaths, create livable and thriving communities, and provide New Yorkers with more environmentally-sound transportation options. We thank Senator Dilan and the full Senate for approving this critical piece of legislation.” 

Adrienne Esposito, Executive Director, Citizens Campaign for the Environment said, “We are delighted this legislation is advancing and excited that it will provide for healthier, happier communities throughout New York. Future growth that incorporates planning designs to reduce our reliance on personal vehicles and instead encourages sustainability through walkable, bikeable communities that are safe for residents of all ages is just smart legislation.”

Eric Alexander, Executive Director, Vision Long Island said, “The Complete Streets bill and the Smart Growth Public Infrastructure Act will support Long Island's downtown revitalization through prioritized infrastructure investment and revised design for walkability along our roadways.  This bill package will bring about a reversal in NYS policy and practice, sharply curtailing sprawl by limiting the use of public funds while incentivizing Smart Growth development.  Long Island's over 100 planned or approved Smart Growth projects will substantively benefit from these policy changes.”

US DOT and HUD launch collaborative funding effort to create livable, sustainable communities

Earlier this week, US Transportation Secretary Ray LaHood and US Housing and Urban Development Secretary Shaun Donovan announced a groundbreaking collaborative effort designed to help foster planning for more livable, sustainable communities– places where transportation, housing and commercial development investments are coordinated to better serve the people living in those communities. For the first time, the DOT and HUD will join forces to award up to $75 million in funding for localized planning activities that ultimately lead to projects that integrate transportation, housing and economic development. Of those funds, $35 million will be TIGER (Transportation Investment Generating Economic Recovery) II Planning Grants and $40 million will be Sustainable Community Challenge Grants.

TIGER II Planning Grants may be used to plan, prepare or design surface transportation projects that would be eligible for funding under the TIGER II Discretionary Grant program. These projects include highways, bridges, transit, railways, ports or bicycle and pedestrian facilities. HUD’s Sustainable Communities funding will target urban and community planning projects that foster reform and reduce barriers to achieving affordable, economically vital and sustainable communities. Such efforts may include amending or replacing local master plans, zoning codes and building codes either on a jurisdiction-wide basis or in a specific neighborhood or sector to promote mixed-use development, affordable housing and the re-use of older buildings for new purposes with the goal of promoting sustainability at the local level. These activities, when done in conjunction with transportation projects, can greatly increase the efficiency and effectiveness local transportation, and access to it, while encouraging mixed-use or transit-oriented development. The program will encourage and reward areas that are planning more innovative projects that coordinate housing, economic development and transportation investments.

There are a variety of projects that may include component parts that fall under both the DOT TIGER II Planning Grants and the HUD Sustainable Community Challenge Grants. Rather than have applicants proceed through two separate grant application procedures that might be on different timelines and with different requirements, this joint notice of funding availability (NOFA) is intended to create one point of entry to federal resources.

This new program builds on the Partnership for Sustainable Communities, an innovative new interagency collaboration, launched by President Obama in June 2009, between the DOT, HUD and the Environmental Protection Agency (EPA). Guided by six Livability Principles, the Partnership is designed to remove the traditional federal government silos that exist between departments and strategically target the agencies’ transportation, land use, environmental, housing and community development resources to provide communities the resources they need to build more livable, sustainable communities.

The Partnership will be coming to Long Island this summer to help boost downtowns by cutting through some of the existing red tape in the planning process. The meeting is coming together with the help of Senator Charles Schumer, Vision Long Island, Sustainable Long Island and the National Center for Suburban Studies at Hofstra University.

Learn more and apply for a grant here. Pre-applications are due on July 26th. You can also read more here about the grants here.

SMART GROWTH NEWS

Newsletter Editor: Michelle Dutchen, Director of Communications
Contributors: Eric Alexander, Executive Director; Tara Klein, Planning Coordinator;
Tawaun Weber, Assistant Director; Elissa Ward, Director of Sustainability; Juliana Roberts Dubovsky, Planning Consultant; Chris Kyle, Program Coordinator

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