Legislative Memo

Ken Pokalsky
Senior Director, Government Affairs
518-465-7511 x. 205


S.5560-B (Oppenheimer) / A.8011-A (Hoyt)



"Smart Growth" Public Infrastructure Act



June 18, 2010


The Business Council opposes this legislation that would put restrictions on a wide range of state economic development initiatives, under the guise of “smart growth.” The bill applies to approvals and funding decisions by thirteen specified state and multistate agencies – including ESDC, UDC, DEC and DOT – and “all other New York authorities.”

However, the exact scope of these new decision-making requirements is unclear, meaning the criteria for approving and assisting new economic development investments will be unclear as well, further impairing new investments and jobs in New York State.

Our concerns include the following:

While The Business Council appreciates the development and application of “smart growth” principles, state policy needs to achieve a balance of economic development and environmental objectives. Moreover, it needs to assure that statutory and regulatory requirements are clear and consistent. We believe this legislation fails to achieve these fundamental policy objectives. For these reasons, we do not support approval of S.5560-B (Oppenheimer)/A.8011-A (Hoyt).