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A08904 Summary:

BILL NOA08904
 
SAME ASNo Same As
 
SPONSORBurdick
 
COSPNSRLevenberg, Gonzalez-Rojas, Epstein
 
MLTSPNSR
 
Amd §239-d, Gen Muni L; amd §28-a, add Art 3 Art Head, Gen City L; amd §272-a, Town L; amd §7-722, Vil L
 
Requires municipalities to determine whether it is in the public interest to create a comprehensive plan adapted to the special requirements of the municipality and to determine whether it is in the public interest to update such comprehensive plan at least once every ten years to ensure that such plan addresses housing needs.
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A08904 Actions:

BILL NOA08904
 
01/26/2024referred to local governments
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A08904 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8904
 
SPONSOR: Burdick
  TITLE OF BILL: An act to amend the general municipal law, the general city law, the town law and the village law, in relation to requiring municipalities to determine whether it is in the public interest to create and period- ically update a comprehensive plan to ensure that it addresses housing needs   PURPOSE OR GENERAL IDEA OF BILL: Relates to requiring municipalities to determine whether it is in the public interest to create and periodically update a comprehensive plan.   SUMMARY OF PROVISIONS: Section 1 amends the general municipal law to empower the county legis- lative body, or by resolution of such body the planning board or a special board, to ' determine whether it is in the public interest to prepare a proposed county comprehensive plan, amendments thereto and updates thereof. Section 2 amends the general city law to empower the city legislative body, or by resolution of such body the planning board or a special board, to determine whether it is in the public interest to prepare a proposed county comprehensive plan, amendments thereto and updates ther- eof. Section 3 amends the town law to empower the town legislative body, or by resolution of such body the planning board or a special board, to determine whether it is in the public interest to prepare a proposed county comprehensive plan, amendments thereto and updates thereof. Section 4 amends the village law to empower the village legislative body, or by resolution of such body the planning board or a special board, to determine whether it is in the public interest to prepare a proposed county comprehensive plan, amendments thereto and updates ther- eof.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): This is a new bill.   JUSTIFICATION: This bill encourages counties, cities, towns, and villages to update existing comprehensive plans or adopt comprehensive plans if none exists based on a determination whether it is in the public interest to do so. This legislative initiative recognizes the importance of utilizing plan- ning to accommodate the ever-changing needs of localities, of signif- icant importance now in addressing the dire need for new housing. By incorporating housing needs into the' comprehensive planning process, the bill emphasizes the critical role of addressing affordability, accessibility, and suitability of housing options to ensure the long- term well-being of residents. The justification for this bill lies in its commitment to the public interest, allowing local communities the autonomy to assess and, if necessary, adjust their comprehensive plans in response to evolving circumstances. Encouraging community engagement, the bill ensures that residents actively participate in shaping policy, fostering a more tran- sparent and responsive local governance model. The emphasis on the public interest also extends to fostering collaboration among munici- palities, contributing to a more coordinated approach to regional devel- opment that considers shared housing challenges and opportunities.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This bill shall take effect immediately.
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A08904 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8904
 
                   IN ASSEMBLY
 
                                    January 26, 2024
                                       ___________
 
        Introduced  by  M. of A. BURDICK, LEVENBERG -- read once and referred to
          the Committee on Local Governments
 
        AN ACT to amend the general municipal law, the  general  city  law,  the
          town  law and the village law, in relation to requiring municipalities
          to determine whether it is in the public interest to create and  peri-
          odically update a comprehensive plan to ensure that it addresses hous-
          ing needs
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 2, 8, 9 and 10 of section 239-d of the general
     2  municipal law, as added by chapter 451 of the laws of 1997, are  amended
     3  to read as follows:
     4    2.  Preparation. The county legislative body, or by resolution of such
     5  body the planning board or a special board, [may] shall determine wheth-
     6  er it is in the public interest to prepare a proposed county  comprehen-
     7  sive  plan  [and], amendments thereto and updates thereof to ensure that
     8  it addresses housing needs.  In the event the planning board or  special
     9  board  is directed to prepare a proposed comprehensive plan or amendment
    10  thereto or update thereof to ensure that  it  addresses  housing  needs,
    11  such  board shall, by resolution, recommend such proposed plan or amend-
    12  ment to the county legislative body.
    13    8. Filing of adopted county comprehensive  plan.  The  adopted  county
    14  comprehensive plan [and], any amendments thereto and all updates thereof
    15  shall  be filed in the office of the county clerk or register and a copy
    16  thereof filed in the office of  the  county  planning  board,  with  the
    17  secretary of state, as well as with the clerk of each municipality with-
    18  in the county.
    19    9.  Effect  of  adoption.  (a) All county land acquisitions and public
    20  improvements, including those identified  in  the  county  official  map
    21  adopted or amended pursuant to this article, shall be in accordance with
    22  a county comprehensive plan[, if one exists].
    23    (b)  All plans for capital projects of a municipality or state govern-
    24  mental agency on land included in the county comprehensive plan  adopted
    25  pursuant to this section shall take such plan into consideration.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11912-03-4

        A. 8904                             2
 
     1    10.  Periodic  review. The county legislative body shall provide, as a
     2  component of such proposed county comprehensive plan, the maximum inter-
     3  vals at which the adopted plan shall  be  reviewed;  provided,  however,
     4  that  the county legislature shall determine whether it is in the public
     5  interest  to  update  the comprehensive plan at least once in every ten-
     6  year period to ensure that it addresses housing needs.
     7    § 2.  Subdivisions 5, 11 and 13 of section 28-a of  the  general  city
     8  law, as added by chapter 418 of the laws of 1995, are amended to read as
     9  follows:
    10    5.  Preparation. The legislative body of the city, or by resolution of
    11  such body, the planning board or a special board, [may] shall  determine
    12  whether  it is in the public interest to prepare a proposed city compre-
    13  hensive plan [and], amendments thereto and  updates  thereof  to  ensure
    14  that  it  addresses  housing  needs.  In the event the planning board or
    15  special board is directed to prepare a proposed  comprehensive  plan  or
    16  amendment  thereto or update thereof to ensure that it addresses housing
    17  needs, such board shall, by resolution, recommend such proposed plan  or
    18  amendment to the legislative body of the city.
    19    11.  Periodic  review. The legislative body of the city shall provide,
    20  as a component of such proposed comprehensive plan, the  maximum  inter-
    21  vals  at  which  the  adopted plan shall be reviewed; provided, however,
    22  that the legislative body of the city shall determine whether it  is  in
    23  the  public  interest  to update the comprehensive plan at least once in
    24  every ten-year period to ensure that it addresses housing needs.
    25    13. Filing of city comprehensive plan. The adopted city  comprehensive
    26  plan  [and],  any  amendments  thereto  and all updates thereof shall be
    27  filed in the office of the city clerk and a copy thereof shall be  filed
    28  in the office of the county planning agency.
    29    §  3.   Subdivisions 4, 10 and 12 of section 272-a of the town law, as
    30  added by chapter 418 of the  laws  of  1995,  are  amended  to  read  as
    31  follows:
    32    4.  Preparation.  The town board, or by resolution of such town board,
    33  the planning board or a special board, [may] shall determine whether  it
    34  is  in the public interest to prepare a proposed town comprehensive plan
    35  [and],  amendments  thereto  and  updates  thereof  to  ensure  that  it
    36  addresses  housing  needs.  In  the  event the planning board or special
    37  board is directed to prepare a proposed comprehensive plan or  amendment
    38  thereto  or  update  thereof  to ensure that it addresses housing needs,
    39  such board shall, by resolution, recommend such proposed plan or  amend-
    40  ment to the town board.
    41    10.  Periodic  review. The town board shall provide, as a component of
    42  such proposed comprehensive plan, the maximum  intervals  at  which  the
    43  adopted  plan  shall be reviewed; provided, however, that the town board
    44  shall determine whether it is in  the  public  interest  to  update  the
    45  comprehensive plan at least once in every ten-year period to ensure that
    46  it addresses housing needs.
    47    12.  Filing of town comprehensive plan. The adopted town comprehensive
    48  plan [and], any amendments thereto and  all  updates  thereof  shall  be
    49  filed  in the office of the town clerk and a copy thereof shall be filed
    50  in the office of the county planning agency.
    51    § 4.  Subdivisions 4, 10 and 12 of section 7-722 of the  village  law,
    52  as  added  by  chapter  418  of the laws of 1995, are amended to read as
    53  follows:
    54    4. Preparation. The village board of trustees,  or  by  resolution  of
    55  such  village  board of trustees, the planning board or a special board,
    56  [may] shall determine whether it is in the public interest to prepare  a

        A. 8904                             3
 
     1  proposed  village  comprehensive  plan  [and],  amendments  thereto  and
     2  updates thereof to ensure that it addresses housing needs. In the  event
     3  the  planning  board  or special board is directed to prepare a proposed
     4  comprehensive plan or amendment thereto or update thereof to ensure that
     5  it  addresses  housing needs, such board shall, by resolution, recommend
     6  such proposed plan or amendment to the village board of trustees.
     7    10. Periodic review. The village board shall provide, as  a  component
     8  of  such proposed comprehensive plan, the maximum intervals at which the
     9  adopted plan shall be reviewed;  provided,  however,  that  the  village
    10  board  of  trustees shall determine whether it is in the public interest
    11  to update the comprehensive plan at least once in every ten-year  period
    12  to ensure that it addresses housing needs.
    13    12.  Filing of village comprehensive plan. The adopted village compre-
    14  hensive plan [and], any amendments thereto and all updates thereof shall
    15  be filed in the office of the village clerk and a copy thereof shall  be
    16  filed in the office of the county planning agency.
    17    §  5.  Article  3  of  the general city law is amended by adding a new
    18  article heading to read as follows:
    19                              ZONING AND PLANNING
 
    20    § 6.  Any municipality that does not have  a  comprehensive  plan  for
    21  such  municipality shall develop one no later than January 1, 2029 if it
    22  is determined to be in the public interest. Any municipality that has  a
    23  comprehensive  plan  for  such municipality that was developed more than
    24  ten years prior to the effective date  of  this  act  shall  revise  and
    25  update such comprehensive plan to ensure that it addresses housing needs
    26  no later than January 1, 2029.
    27    § 7.  This act shall take effect immediately.
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