STATE OF NEW YORK ________________________________________________________________________ 49 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. BURDICK, LEVENBERG, GONZALEZ-ROJAS, EPSTEIN -- read once and referred to the Committee on Local Governments AN ACT to amend the general municipal law, the general city law, the town law and the village law, in relation to requiring municipalities to determine whether it is in the public interest to create and peri- odically update a comprehensive plan to ensure that it addresses hous- ing needs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 2, 8, 9 and 10 of section 239-d of the general 2 municipal law, as added by chapter 451 of the laws of 1997, are amended 3 to read as follows: 4 2. Preparation. The county legislative body, or by resolution of such 5 body the planning board or a special board, [may] shall determine wheth- 6 er it is in the public interest to prepare a proposed county comprehen- 7 sive plan [and], amendments thereto and updates thereof to ensure that 8 it addresses housing needs. In the event the planning board or special 9 board is directed to prepare a proposed comprehensive plan or amendment 10 thereto or update thereof to ensure that it addresses housing needs, 11 such board shall, by resolution, recommend such proposed plan or amend- 12 ment to the county legislative body. 13 8. Filing of adopted county comprehensive plan. The adopted county 14 comprehensive plan [and], any amendments thereto and all updates thereof 15 shall be filed in the office of the county clerk or register and a copy 16 thereof filed in the office of the county planning board, with the 17 secretary of state, as well as with the clerk of each municipality with- 18 in the county. 19 9. Effect of adoption. (a) All county land acquisitions and public 20 improvements, including those identified in the county official map EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00033-01-5
A. 49 2 1 adopted or amended pursuant to this article, shall be in accordance with 2 a county comprehensive plan[, if one exists]. 3 (b) All plans for capital projects of a municipality or state govern- 4 mental agency on land included in the county comprehensive plan adopted 5 pursuant to this section shall take such plan into consideration. 6 10. Periodic review. The county legislative body shall provide, as a 7 component of such proposed county comprehensive plan, the maximum inter- 8 vals at which the adopted plan shall be reviewed; provided, however, 9 that the county legislature shall determine whether it is in the public 10 interest to update the comprehensive plan at least once in every ten- 11 year period to ensure that it addresses housing needs. 12 § 2. Subdivisions 5, 11 and 13 of section 28-a of the general city 13 law, as added by chapter 418 of the laws of 1995, are amended to read as 14 follows: 15 5. Preparation. The legislative body of the city, or by resolution of 16 such body, the planning board or a special board, [may] shall determine 17 whether it is in the public interest to prepare a proposed city compre- 18 hensive plan [and], amendments thereto and updates thereof to ensure 19 that it addresses housing needs. In the event the planning board or 20 special board is directed to prepare a proposed comprehensive plan or 21 amendment thereto or update thereof to ensure that it addresses housing 22 needs, such board shall, by resolution, recommend such proposed plan or 23 amendment to the legislative body of the city. 24 11. Periodic review. The legislative body of the city shall provide, 25 as a component of such proposed comprehensive plan, the maximum inter- 26 vals at which the adopted plan shall be reviewed; provided, however, 27 that the legislative body of the city shall determine whether it is in 28 the public interest to update the comprehensive plan at least once in 29 every ten-year period to ensure that it addresses housing needs. 30 13. Filing of city comprehensive plan. The adopted city comprehensive 31 plan [and], any amendments thereto and all updates thereof shall be 32 filed in the office of the city clerk and a copy thereof shall be filed 33 in the office of the county planning agency. 34 § 3. Subdivisions 4, 10 and 12 of section 272-a of the town law, as 35 added by chapter 418 of the laws of 1995, are amended to read as 36 follows: 37 4. Preparation. The town board, or by resolution of such town board, 38 the planning board or a special board, [may] shall determine whether it 39 is in the public interest to prepare a proposed town comprehensive plan 40 [and], amendments thereto and updates thereof to ensure that it 41 addresses housing needs. In the event the planning board or special 42 board is directed to prepare a proposed comprehensive plan or amendment 43 thereto or update thereof to ensure that it addresses housing needs, 44 such board shall, by resolution, recommend such proposed plan or amend- 45 ment to the town board. 46 10. Periodic review. The town board shall provide, as a component of 47 such proposed comprehensive plan, the maximum intervals at which the 48 adopted plan shall be reviewed; provided, however, that the town board 49 shall determine whether it is in the public interest to update the 50 comprehensive plan at least once in every ten-year period to ensure that 51 it addresses housing needs. 52 12. Filing of town comprehensive plan. The adopted town comprehensive 53 plan [and], any amendments thereto and all updates thereof shall be 54 filed in the office of the town clerk and a copy thereof shall be filed 55 in the office of the county planning agency.
A. 49 3 1 § 4. Subdivisions 4, 10 and 12 of section 7-722 of the village law, 2 as added by chapter 418 of the laws of 1995, are amended to read as 3 follows: 4 4. Preparation. The village board of trustees, or by resolution of 5 such village board of trustees, the planning board or a special board, 6 [may] shall determine whether it is in the public interest to prepare a 7 proposed village comprehensive plan [and], amendments thereto and 8 updates thereof to ensure that it addresses housing needs. In the event 9 the planning board or special board is directed to prepare a proposed 10 comprehensive plan or amendment thereto or update thereof to ensure that 11 it addresses housing needs, such board shall, by resolution, recommend 12 such proposed plan or amendment to the village board of trustees. 13 10. Periodic review. The village board shall provide, as a component 14 of such proposed comprehensive plan, the maximum intervals at which the 15 adopted plan shall be reviewed; provided, however, that the village 16 board of trustees shall determine whether it is in the public interest 17 to update the comprehensive plan at least once in every ten-year period 18 to ensure that it addresses housing needs. 19 12. Filing of village comprehensive plan. The adopted village compre- 20 hensive plan [and], any amendments thereto and all updates thereof shall 21 be filed in the office of the village clerk and a copy thereof shall be 22 filed in the office of the county planning agency. 23 § 5. Article 3 of the general city law is amended by adding a new 24 article heading to read as follows: 25 ZONING AND PLANNING 26 § 6. Any municipality that does not have a comprehensive plan for 27 such municipality shall develop one no later than January 1, 2030 if it 28 is determined to be in the public interest. Any municipality that has a 29 comprehensive plan for such municipality that was developed more than 30 ten years prior to the effective date of this act shall revise and 31 update such comprehensive plan to ensure that it addresses housing needs 32 no later than January 1, 2030. 33 § 7. This act shall take effect immediately.