S T A T E   O F   N E W   Y O R K
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                                  5189

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2013
                               ___________

Introduced  by M. of A. BRENNAN, MILLMAN, ORTIZ -- Multi-Sponsored by --
  M. of A. GLICK, GOTTFRIED, ROBINSON -- read once and referred  to  the
  Committee on Corporations, Authorities and Commissions

AN  ACT  to amend the New York city charter, in relation to the Atlantic
  Yards arena and redevelopment project

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

  Section  1.  It  is  the  intent of the legislature to ensure that the
empire state development corporation abides by the rights of  the  citi-
zenry  of the city of New York and the democratically enacted urban land
use procedure set forth in section 197-a of the New  York  city  charter
and  commonly  known  as  the  URLUP process with respect to the general
project plan approved and identified as the "Atlantic  Yards  arena  and
redevelopment project" in a memorandum of understanding signed on Febru-
ary  18,  2005  in order that such project results in a vote of the city
council. Further, community boards 2, 6 and  8  within  the  borough  of
Brooklyn requested in September 2004 that such Atlantic Yards project be
subject to the URLUP process.
  S  2.  Subdivision a of section 197-a of the New York city charter, as
amended by a vote of the people of the city of New York at  the  general
election held in November of 1989, is amended to read as follows:
  a.  Plans for the development, growth, and improvement of the city and
of its boroughs and community districts  may  be  proposed  by  (1)  the
mayor,  (2)  the  city  planning  commission, (3) the department of city
planning, (4) a borough president with respect to  land  located  within
his  or  her  borough,  (5) a borough board with respect to land located
within its borough, [or] (6) a community  board  with  respect  to  land
located  within its community district, OR (7) AN AGENCY OF THE STATE OF
NEW YORK SUBJECT TO THE CHAPTER OF THE LAWS  OF  TWO  THOUSAND  THIRTEEN
WHICH  AMENDED  THIS SUBDIVISION.   A community board,  borough board or
borough president that proposes any such  plan  shall  submit  the  plan

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09056-01-3
              

A. 5189                             2

together  with  a written recommendation to the city planning commission
for determinations pursuant to subdivision b of this section.  Any  such
submission  may  be  made by a community board, borough board or borough
president  only  after  the  board or borough president proposing such a
plan has held a public hearing on the plan.
  S 3. The empire state development corporation shall cease and  discon-
tinue  all action in furtherance of the general project plan as approved
and identified as the "Atlantic Yards arena and  redevelopment  project"
in a memorandum of understanding signed on February 18, 2005, and submit
the  plan  as  an  expedited  application  to the city of New York for a
development project pursuant to the uniform land  use  review  procedure
set forth in section 197-c of the New York city charter. Notwithstanding
the provisions of this section, the empire state development corporation
shall  complete any outstanding contract where an immediate cessation or
discontinuance would constitute waste and shall be  allowed  to  provide
information  about  the  intended  project  at  any public hearing or in
response to any written inquiry, subject to the provisions of the public
officers law.
  S 4. The plans for the Atlantic Yards arena and redevelopment  project
shall  be  submitted  as  an  expedited  application by the empire state
development corporation to the New  York  city  planning  commission  by
August  15, 2013. The empire state development corporation shall provide
any further information requested by the  city  planning  commission  as
soon  as  is  practicable  after  such  request has been made, provided,
however, that the application shall be deemed complete for  purposes  of
the expedited review procedure provided by the provisions of this act no
later than September 15, 2013. Notwithstanding the time requirements set
forth in section 197-c of the New York city charter, such plans shall be
subject to and reviewed in accordance with such section. If there exists
insufficient  information  for  the  city  council  to  take action, the
borough president, affected community board or boards or  borough  board
may take note of such facts.
  S  5. Notwithstanding the time requirements set forth in section 197-c
of the New York city charter, the affected  community  board  or  boards
shall  comply  with the provisions of such section and submit its recom-
mendations to the city planning commission  on  or  before  October  15,
2013.
  S  6. Notwithstanding the time requirements set forth in section 197-c
of the New York city charter, the borough board shall  comply  with  the
provisions  of  such  section and submit its recommendations to the city
planning commission on or before November 7, 2013.
  S 7. Notwithstanding the time requirements set forth in section  197-c
of  the New York city charter, the city planning commission shall submit
its recommendations to the city council on or before December 1, 2013.
  S 8. Notwithstanding the time requirements set forth in section  197-c
of the New York city charter, the city council shall approve, disapprove
or  amend  the  plans  for  the  Atlantic  Yards arena and redevelopment
project submitted by the empire state redevelopment corporation pursuant
to the provisions of this act on or before December 31, 2013.
  S 9. This act shall take effect immediately.