N.Y. Environmental Conservation Law Section 6-0107
State smart growth public infrastructure criteria


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.


The following are the state smart growth public infrastructure criteria:


to advance projects for the use, maintenance or improvement of existing infrastructure;


to advance projects located in municipal centers;


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;


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;


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;


to provide mobility through transportation choices including improved public transportation and reduced automobile dependency;


to coordinate between state and local government and intermunicipal and regional planning;


to participate in community based planning and collaboration;


to ensure predictability in building and land use codes; and


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.


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.


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.


Nothing in this section shall contravene any federal law governing the expenditure of disbursement of federal infrastructure funding administered by the state.

Source: Section 6-0107 — State smart growth public infrastructure criteria, https://www.­nysenate.­gov/legislation/laws/ENV/6-0107 (updated Mar. 27, 2015; accessed Dec. 2, 2023).

Dec. 2, 2023

Last modified:
Mar. 27, 2015

§ 6-0107’s source at nysenate​.gov

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