Senate Bill S6888

2011-2012 Legislative Session

Relates to community benefits agreements

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S6888 (ACTIVE) - Details

See Assembly Version of this Bill:
A9842
Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Add Art 12-I §239-bb, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2013-2014: S3415, A3089
2015-2016: A1319

2011-S6888 (ACTIVE) - Summary

Relates to community benefits agreements; places the benefit at the discretion of the applicant.

2011-S6888 (ACTIVE) - Sponsor Memo

2011-S6888 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6888

                            I N  S E N A T E

                              April 4, 2012
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal  law,  in  relation  to  community
  benefits agreements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general municipal law is amended by adding a new  arti-
cle 12-I to read as follows:
                              ARTICLE 12-I
                      COMMUNITY BENEFITS AGREEMENTS
SECTION 239-BB. COMMUNITY BENEFITS AGREEMENTS.
  S  239-BB.  COMMUNITY BENEFITS AGREEMENTS. 1. NOTWITHSTANDING ANY LAW,
RULE OR REGULATION TO THE CONTRARY FOR THE PURPOSE OF  ISSUANCE  OF  ANY
APPROVALS  OR  PERMITS ANY BENEFIT THAT IS TANGIBLE MAY BE PLACED AT THE
DISCRETION OF THE APPLICANT SO LONG AS THE BENEFIT IS PUBLICLY  ACCESSI-
BLE.  IF THE EXERCISE OF SUCH DISCRETION AS PERMITTED UNDER THIS SECTION
RESULTS IN THE PLACEMENT OF A TANGIBLE COMMUNITY BENEFIT ON, OR ADJACENT
TO, THE DEVELOPER'S PROJECT SITE, IT SHALL BE REQUIRED THAT THE  BENEFIT
BE  REASONABLY  RELATED TO THE PROJECT UNDERTAKEN BY SUCH APPLICANT. FOR
PURPOSES OF THIS SECTION A COMMUNITY BENEFITS  AGREEMENT  IS  A  PRIVATE
AGREEMENT BETWEEN AN APPLICANT SEEKING ANY APPROVALS OR PERMITS PURSUANT
TO  ARTICLE SIXTEEN OF THE TOWN LAW, ARTICLE SEVEN OF THE VILLAGE LAW OR
ARTICLE FIVE-A OF THE GENERAL CITY LAW AND A COMMUNITY  ORGANIZATION  OR
ORGANIZATIONS,  WHERE  SUPPORT  OR  FORBEARANCE  WITH  RESPECT  TO  SUCH
APPROVALS OR PERMITS IS THE CONSIDERATION  FOR  SUCH  AGREEMENT,  EXCEPT
THAT  THIS  SECTION  SHALL  NOT APPLY TO A CITY WITH A POPULATION OF ONE
MILLION OR MORE.
  2.  PRIOR TO ENTERING INTO A COMMUNITY BENEFIT AGREEMENT WITH A DEVEL-
OPER, THE MUNICIPALITY SHALL SET FORTH A MONETARY AMOUNT THAT THE DEVEL-
OPER SHALL ALLOCATE TO PROVIDING THE BENEFIT. SUCH AMOUNT SHALL BE BASED
ON A PERCENTAGE OF THE TOTAL PROJECT COST THAT  SHALL  NOT  EXCEED  FIVE
PERCENT OF THE INCREASED DENSITY ABOVE WHAT IS ALLOWABLE FOR THE PROJECT
UNDER  CURRENT  ZONING  LAW.  SUCH  AMOUNT  SHALL BE THE MAXIMUM FOR THE
ENTIRE COMMUNITY BENEFIT AGREEMENT, INCLUDING ANY  AGREEMENT  MADE  WITH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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