NYC Changes Permitting Rules to Speed Up Sustainable Housing – Bloomberg Law

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Americas+1 212 318 2000
EMEA+44 20 7330 7500
Asia Pacific+65 6212 1000
By Stephen Lee
New York City will release a plan on Monday to speed up the construction of sustainable housing projects, the latest step in the city’s bid to decarbonize its massive building sector.
Buildings are New York City’s largest source of carbon emissions, accounting for two-thirds of the city’s output and one-third of the state’s overall emissions, according to the New York State Energy Research and Development Authority. Policymakers and environmentalists say the city can’t reach its goal of reducing emissions by 80% by 2050 without making dramatic improvements in buildings’ performance.
The new plan, known as Green Fast Track, lets a qualifying project effectively bypass the full City Environmental Quality Review process, which otherwise requires several rounds of environmental assessment, study, public meetings, and the solicitation of comments. Projects will be screened to ensure they qualify under Green Fast Track.
In developing the new rule, New York planning and environmental officials analyzed more than 1,000 environmental reviews over the last decade and consistently found that modest housing projects with certain characteristics were not harmful to the environment.
The plan will help address New York’s housing crisis by enabling faster construction, said Mayor Eric Adams (D). “The only solution to a generational housing crisis is simple: build more,” Adams said in a statement. “Our administration is proudly declaring ‘no’ to more red tape and ‘yes’ to more housing.”
The new rules could reduce up to two years of analysis and $100,000 in costs per project, according to city officials. They say that, if the rules had been in effect over the last 10 years, some 12,000 new homes could have been built faster.
Qualifying projects must be under 250 or 175 units, depending on the zoning district; use all-electric heating; be situated outside of vulnerable coastal areas or places with industrial emissions, as well as major roads; and meet remediation and attenuation standards for areas with hazardous materials or high-ambient noise.
Any project higher than 250 feet won’t qualify. A site adjacent to open space, natural resources, or historically sensitive areas must be less than 50 feet.
The initiative could be especially beneficial to low-income communities of color, said Elijah Hutchinson, executive director of the mayor’s Office of Climate and Environmental Justice.
“The new rules will ensure our residents aren’t increasingly exposed to environmental burdens and air pollutants, allowing us to build a more inclusive, affordable, and sustainable city for all New Yorkers,” Hutchinson said.
By tackling the permitting issue, the Adams administration is mirroring steps taken at the federal level and in the US Congress, reflecting a growing consensus that the current permitting regime can thwart the lightning-fast buildout of preferred projects.
Adams’ rule is especially reminiscent of sections of a White House rule, issued in April, that acknowledged that some important projects are known not to be harmful to the environment, and should therefore be allowed to move through more quickly.
To contact the reporter on this story: Stephen Lee in Washington at stephenlee@bloombergindustry.com
To contact the editors responsible for this story: Zachary Sherwood at zsherwood@bloombergindustry.com; Maya Earls at mearls@bloomberglaw.com
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