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 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.

The Smart Growth Public Infrastructure Priority Act (A8011B/S5560B) instructs State Agencies, Authorities and Public Corporations to align their spending on infrastructure with stated smart growth criteria. These agencies must form advisory committees that include environmental and community stakeholders to advice them in regard to smart growth compliance. The agencies are further instructed to issue written Smart Growth Impact Statements in regard to their project choices and that includes issuing written justifications for projects deemed vital that do not meet smart growth criteria. Vision Long Island urges Gov Paterson to Sign Smart Growth Public Infrastructure Policy Act. The bill language is available here (Senate) and here (Assembly).

The Long Island Senators who voted for the bill include: Flanagan, Foley, Fuschillo, Hannon, C. Johnson, LaValle, Marcellino and Skelos.

(top row, l-r: Sens. Marcellino, Foley, Johnson, Fuschillo;
bottom row, l-r: Sens. Skelos, Hannon, LaValle)

Assemblymembers who supported the bill include: Alessi, Alfano, McDonough, Fields, Sweeney, McKevitt, Fitzpatrick, Thiele, Ramos, Barra, Conte, Montesano, Murray, Lavine, Boyle, Saladino, Schimel, Englebright and Hooper.

(l-r: Reps. Englebright, Fields, Schimel, Sweeny)

(l-r: Reps. Alessi, Alfano, McDonough, McKevitt, Hooper)

(l-r: Reps. Saladino, Lavine, Murray, Montesano, Boyle)

(l-r: Reps. Barra, Conte, Ramos, Thiele, Fitzpatrick)

The Complete Streets bill passed the Senate recently a 58-3 margin. Vision's Eric Alexander traveled to Albany 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. With the encourangement of the LI Lobby Day Coalition, the Assembly adopted the Senate bill's language.

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. 

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. 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. The Governor's bill has some conflicting language with the program bill and they hope to have the issues resolved when the Senate reconvenes next week.

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.”

Here are some additional statements in direct support of the Smart Growth Public Infrastructure Act:

NYS Senator Carl Marcellino said, “by embracing smart growth values, we are beginning to develop a long-range, regional approach to sustainability of our communities.  This legislation starts a process that will inspire an overdue change of philosophy as we develop our ever expanding neighborhoods.  Without such action, our environment and communities will continue to be threatened by shortsighted and poorly planned development.”

NYS Assemblyman Fred W. Thiele, Jr. said, “As a strong advocate for the environment, I believe in smart growth principles. Helping to enact this legislation was important to me because the communities on the East End are facing severe development pressures.  The establishment of a state smart growth public infrastructure policy act will assist in the fight against urban and suburban sprawl.   I was pleased to be a part of this successful effort which builds upon VISION Long Island’s mission of promoting economically sustainable and responsible environmental growth on Long Island.“

NYS Assemblywoman Ginny Fields said, "having passed the first Comprehensive Smart Growth Plan for Suffolk County in 2000 as a Suffolk County Legislator, I am pleased to be a co-sponsor of Assembly member Sam Hoyt’s bill for the State. This legislation will benefit all of the people of New York State."

NYS Assemblyman Marc Alessi said, “Smart growth is the key to finding a balance between development and green spaces. Where it makes sense, reinvesting in existing infrastructure instead of developing raw land will help lower costs and protect the open spaces that make Long Island what it is. It’s a win-win situation for our communities.”

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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