Smart Growth Public Infrastructure Policy Act

New York State this summer adopted a Smart Growth Public Infrastructure Policy Act that is hoped to shift state spending on roads, sewers, schools, and other infrastructure away from sprawl and toward projects that are more compact and resource-conserving. The legislation (Assembly Bill 8011/Senate Bill 5560) directs state agencies, authorities, and public corporations to form advisory committees that include environmental and community stakeholders who will advise them on smart growth compliance. The intent is to align the infrastructure spending of New York’s state agencies with smart growth goals.

“More than a dozen state departments, agencies, and authorities — including heavyweights like the state DOT, the Port Authority, the Department of Education and the Empire State Development Corporation — will be required to focus their spending on existing infrastructure in developed areas,” Noah Kazis reported on Streetsblog.

Infrastructure projects would be required to protect environmental resources, foster compact, mixed-use development, and reduce dependence on automobiles. Agency heads can override these criteria only if they issue a written justification of their decision. “We’re going to make it very hard to build another sewer line into another greenfield,” said Peter Fleischer, executive director of the smart growth advocacy group Empire State Future.

The failure, so far, of most states’ smart growth policies to transform development patterns is inducing some caution as to how far-reaching the results will be in New York. On Streetsblog in mid-June, Kazis wrote, “To really curb suburban sprawl, smart growth is going to need a cooperative governor, active watchdogs, and a thorough plan for implementation.” This November’s election of a new governor is thus seen as a key to how significant the new law will be.