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.
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.
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.