2011-2012 Legislative Session in Review ?

(June 27, 2012)? Following the past two years of progressive smart growth legislation including the Smart Growth Public Infrastructure Policy Act, Complete Streets and Land Banks, the 2011-12 legislative session proved slower for smart growthers.

The year started off strong with budget negotiations addressing needed increases in transit authority budgets upstate and downstate.? A ?fix? to the Tax Increment Financing (TIF) law, which if utilized appropriately could be a useful tool to finance infrastructure and economic development improvements, was also part of the executive budget bills.

Other good bills, or at least bills that are positive starts, are also awaiting the Governor?s signature.? A bill instituting a non-voting rider representative on NFTA?s board (S6536/A9455) passed both houses.? Rider representation was supported by New York Transportation Equity Alliance (ESF is a steering committee member) and is seen as a preliminary step in creating a voice for the transit-dependent riding public.

The Assembly and Senate also passed an increase to the New York?s Environmental Protection Fund (EPF) by more than $50 million over six years. Under the measure, $10 million from unclaimed bottle deposits would be added to the fund next year. That would increase to $20 million in 2014, $30 million in 2015, $40 million in 2016, $50 million in 2017, and $56 million in 2018.? ESF is a long supporter of dedicated revenue for the EPF which provides important dollars for environmental cleanup, parks, land conservation, smart growth, among other programs.

A bill increasing the cap for the Historic Preservation Tax Credit from $5m to $12m also passed both houses.? The bill, which allows for retroactive payments to developers who have conducted a historic preservation project since the beginning of the program in 2009, does not address the impending expiration of the program in 2014.? ESF hopes to see a long term solution to continue this program, which has been so valuable in our historic urban and town centers.

A few bills that we also followed did not cross the finish line.? A NYS solution responding to the failure of officials in D.C. to continue to offer equal benefits for transit riders as to what is offered to drivers that park (S2728-C/A 6175-B), passed the Senate but died in the Assembly.? An expanded statewide transit funding lockbox bill (A9017-A/S6170-A), which would have strongly discouraged raids on dedicated transit funds by requiring a ?diversion impact statement? whenever taxes and fees created to fund public transit were spent for other purposes, also stalled. Lastly, the Solar Jobs Bill couldn?t make it across the finish line.

As summer heats up, Empire State Future will once again focus on the Regional Economic Development Councils, now a proven tool in some of New York?s regions to advance smart growth goals.? Funding for the second round includes $220 million ($150 million in capital and $70 million in tax credits from the Excelsior Jobs Program) to implement regional strategic plans and support priority projects, and up to $530 million from state agency programs through the CFA to support regionally-significant economic development projects.? A tiered approach will promote the regions who were awarded ?Top Plan? status in 2011 to continue to work towards implementation of their strategic plans.? The remaining regions are setup in a separate competition for funds that motivates continued work towards advancing priority projects and revisions and updates to their strategic plans. ?ESF will continue to make the case to include smart growth language in strategic plans as well as investments in and around transit served communities.

We will also monitor the recently announced Cleaner, Greener Communities Program which has tasked each region to develop a region-wide sustainability plan to complement the strategic plans developed last year.? Following completion of the planning process, $90 million of Regional Greenhouse Gas (RGGI) funds will be available to fund smart growth and pollution reduction goals.

And lastly, ESF will continue to engage with the New York Works Task Force, a fifteen member panel tasked with recommending priority infrastructure projects throughout the state. ESF wrote earlier this year that to get NY to Work, we must look beyond the Regional Economic Development Councils and focus on prioritizing our infrastructure spending to create jobs and foster economic growth in New York.? The task force, which held their first meeting in early June, will be tasked with finding innovative ways to finance, build, and maintain the new and existing infrastructure that will drive economic growth in New York in the 21st Century.? As more pressure will surely arise to utilize new methods of public private partnerships and debt-financing to get projects moving, ESF will continue to call for the attention on projects that promote equity, prioritize sewer and water in existing urban areas and transit infrastructure, which has proven worldwide to be engines of growth.

While on paper the 2011-2012 legislative session may have been slow, important opportunities exist for local smart growth advocates to make their voices heard through the regional sustainability plans, land bank efforts, regional economic development councils and at local planning and zoning boards.? Your local advocacy sets the stage for 2013, which will involve a push for a statewide equitable transit-oriented development.? Together, we can help restore prosperity and maintain our quality-of-life in New York by building a more fiscally and environmentally sustainable future.

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