2023 New York Laws › ENV - Environmental Conservation › Article 6 - State Smart Growth Public Infrastructure Policy Act › 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.