Smart Growth Public Infrastructure Policy Act

This legislation was signed into New York State law by Governor Paterson on August 3, 2010.

In essence, this bill is based on smart growth principles aligning state infrastructure improvement funding with decisions discouraging sprawl, expensive road improvements and utility extensions. Each state agency classified as a “State Infrastructure Agency” must establish an advisory committee consisting of environmental and community stakeholders which will prioritize state projects based on the following criteria:

1. Promotes projects in areas with existing infrastructure

2. Utilizes existing infrastructure over an expansion of infrastructure

3. Protects the State’s natural and historic resources

4. Encourages mixed use, compact development, and affordable housing

5. Provides transportation choices

6. Reduces the reliance on the automobile for mobility

The legislation also provides for the coordination of planning efforts among all local planning efforts. And, the State will ensure “predictability in land use and building codes”.

MY comments: Why is New York passing this legislation now? In my opinion:

The “Livable Communities Act” provides the framework and funding for States to move forward controlling future residential and non-residential developments. Many of the 40,000 municipalities, county governments and state governments are out of money. They can’t maintain their existing infrastructure. NY State wants to control and limit infrastructure expansion.

Based on the housing “bubble”, energy, jobs, and “sustainability”, municipal governments will pass similar ordinances limiting and altering development patterns. Local and state governments will seize the opportunity to change how land is developed in the future because the opposition to such an effort is in total disarray and trying to survive. And in return, the community and environmentalists are proactively engaged using residential and non-residential development as the reason for our economic problems – not the financial sector.

The wave of change is here. Local municipalities will pass simple non threatening ordinances mirroring the “Livable Communities Act” without strong opposition and with community support.