“AN ACT to amend the public authorities law, in relation to prohibiting
development of build-ready sites on viable agricultural land
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of paragraph (a) and paragraph (b) of
subdivision 1 of section 1902 of the public authorities law, as added by
section 6 of part JJJ of chapter 58 of the laws of 2020, are amended to
read as follows:
Locate, identify and assess sites within the state that appear suit-
able for the development of build-ready sites with a priority given to
previously developed sites, PROVIDED THAT VIABLE AGRICULTURAL LAND SHALL
NOT BE DEEMED SUITABLE FOR THE DEVELOPMENT OF A BUILD-READY SITE. Such
assessment may include but need not be limited to the following consid-
erations:
(b) In making such assessment the authority shall give priority to
previously developed sites, existing or abandoned commercial sites,
including without limitation brownfields, landfills, former commercial
or industrial sites, dormant electric generating sites, or otherwise
underutilized sites, PROVIDED THAT THE AUTHORITY SHALL NOT DEEM ANY
VIABLE AGRICULTURAL LAND TO BE AN OTHERWISE UNDERUTILIZED SITE FOR THE
PURPOSES OF THIS SECTION;
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 3, 2020; provided,
however, that the amendments to section 1902 of the public authorities
law, made by section one of this act, shall not affect the repeal of
such section and shall be deemed to be repealed therewith.”
read the entire article
New York State Senate 10 March 2022.