WHEREAS, New York needs to grow in a responsible, efficient, and sustainable manner that enhances economic competitiveness, environmental protection and quality of life for all New Yorkers; and

WHEREAS, state policies, practices and capital investments have and will continue to shape economic development and other land use patterns throughout New York State; and

WHEREAS, the activities of state government can have significant impacts on land use and development patterns, including at the local community level; and

WHEREAS, such activities can have the unintended effect of encouraging sprawl, development of open space, shifting investment away from developed areas and abandoned areas, adverse environmental impacts, and inefficient use of scarce resources; and

WHEREAS, the cornerstone of a "smart" long-term economic development strategy is sustainable development that capitalizes on existing infrastructure in our urban centers and other developed areas such as "brownfields", while protecting the open space and natural resources that are critical to preserving and enhancing our qualify of life; and

WHEREAS, adoption of "smart growth" principles and practices can help state decision-makers promote sustainable economic development in a manner that also protects and enhances quality of life in our communities; and

WHEREAS, New York State government can take affirmative actions, to encourage communities to use "smart growth" to grow and develop in a responsible, efficient, and sustainable manner that enhances quality-of-life, environmental quality, and economic prosperity.

NOW, THEREFORE, I, Eliot Spitzer, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the laws of the State of New York, do hereby order as follows:

1. There is hereby created a Governor's Smart Growth Cabinet ("Smart Growth Cabinet").

2. The Smart Growth Cabinet shall consist of: the Commissioner of Environmental Conservation, the Secretary of State, the Commissioner of Agriculture and Markets, the Commissioner of Transportation, the Commissioner of Parks, Recreation and Historic Preservation, the Commissioner of Economic Development, the President of the Environmental Facilities Corporation, the Chair of the Urban Development Corporation, the Commissioner of the New York State Division of Housing and Community Renewal, the President of the New York State Energy Research and Development Authority, the Chair of the New York State Housing Finance Agency, the Director of the Division of the Budget, the Governor's Deputy Secretary for the Environment, the Governor's Deputy Secretary for Economic Development and Infrastructure, the Governor's Deputy Secretary for Intergovernmental Affairs, and the Governor's Deputy Secretary for Public Finance and Local Governments. The Governor's Deputy Secretary for the Environment and the Governor's Deputy Secretary for Economic Development and Infrastructure shall serve as Co-Chairs of the Smart Growth Cabinet.

3. Members of the Smart Growth Cabinet may designate a representative to participate on the Smart Growth Cabinet on their behalf.

4. A majority of the members of the Smart Growth Cabinet shall constitute a quorum, and all actions or recommendations of the Smart Growth Cabinet shall require approval of a majority of the total members of the Smart Growth Cabinet.

5. The Smart Growth Cabinet shall oversee a comprehensive review of state statutes, regulations, policies, practices and capital programs that impact economic development and land use. In particular, the Smart Growth Cabinet shall advise and make recommendations to the Governor on the most effective mechanisms to promote "smart growth" and related priorities, including but not limited to:

(a) identification of barriers to and opportunities for incorporation of "smart growth" principles in state policies and decision-making;

(b) alignment of state grantmaking and capital programs for both the public and private sectors to foster "smart growth" development patterns in appropriate regions of the state;

(c) assessment of the effectiveness of existing state programs to provide technical and other assistance to local governments for comprehensive land use and economic development planning that incorporates "smart growth" principles, and identification of opportunities for new and improved programs to effectively deliver such assistance; and

(d) recommendations to facilitate state and local "smart growth" initiatives.

6. In the performance of its responsibilities, the Smart Growth Cabinet may consult with local government officials, community groups, professional experts and other individuals with knowledge of land use planning, development, real estate financing, land conservation and transportation, including but not limited to architects, planners, engineers, developers, builders, environmentalists, preservationists, and bankers concerning the issues specified herein.

7. Every agency, department, office, division and public authority of this State shall cooperate with the Smart Growth Cabinet and furnish such information and assistance as the Smart Growth Cabinet determines is reasonably necessary to accomplish its purpose.