senate Bill S1362

Makes residential facilities controlled by state agencies subject to local site plan review

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 09 / Jan / 2013
    • REFERRED TO CITIES
  • 12 / Mar / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO CITIES
  • 04 / Mar / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

Makes residential facilities controlled by state agencies subject to local site plan review.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A4510
Versions:
S1362
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
General City Law
Laws Affected:
Amd §27-a, Gen City L; amd §274-a, Town L; amd §7-725-a, Vil L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S821, A3743, A524
2009-2010: S4073, A2153A, A7821
2007-2008: A967A

Votes

6
0
6
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Cities committee vote details

Sponsor Memo

BILL NUMBER:S1362

TITLE OF BILL:
An act
to amend the general city law, the town law and the village law, in
relation to making residential facilities
of state agencies subject to local site plan
review

PURPOSE:
To ensure that all state owned residential facilities go through the
local site plan review process in order to ensure the facility's
floor plans are on file with the local government.

SUMMARY OF PROVISIONS:

Section 1- Amends section 27-a of the general city law by adding a new
subdivision 1-a to waive the state's immunity with regard to site
plan review for its residential facilities. Every state agency must
submit a site plan for each residential parcel under its control.

Section 2- Amends section 274-a of the town law by adding a new
subdivision 1-a to waive the state's immunity with regard to site
plan review for its residential facilities. Every state agency must
submit a site plan for each residential parcel under its control.

Section 3- Amends section 7-725-a of the village law by adding a new
subdivision I-a to waive the state's immunity with regard to site
plan review for its residential facilities. Every state agency must
submit a site plan for each residential parcel under its control.

Section 4-Requires that within 90 days of the effective date each
state agency which has constructed a residential facility prior to
the effective date of this act shall submit a site plan to the
appropriate city, town or village.

Section 5- Contains the effective date.

EXISTING LAW:
New York State has sovereign immunity with respect to local laws.

JUSTIFICATION:
On March 21, 2009, a tragic fire broke out at the State's Riverview
IRA group home. Four residents lost their lives in the fire, the
cause of which is still under investigation.

One of the issues that has come out of this tragedy is the fact that
the State did not need a local building permit and did not have to
file their floor plans with the town. Having the floor plans on
facilities would most certainly assist first responders in their
decisions on how best to evacuate occupants and fight fires.
Involving the local building inspectors in these projects only makes
sense and would add an additional set of eyes to ensure the safety of
the building.


The State's immunity with respect to local site plan review should be
waived to ensure the health and safety of those who live and work in
these residential facilities.

LEGISLATIVE HISTORY:
2011-12: S. 821 Committed to Rules; A. 524 Local Governments
2009-10: S. 4073 Finance; A. 7821 Local Governments

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

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

                                  1362

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  LITTLE, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cities

AN ACT to amend the general city law, the town law and the village  law,
  in relation to making residential facilities of state agencies subject
  to local site plan review

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

  Section 1. Section 27-a of the general city law is amended by adding a
new subdivision 1-a to read as follows:
  1-A. WAIVER OF STATE IMMUNITY. THE STATE HEREBY  WAIVES  ITS  IMMUNITY
FROM  LIABILITY  FOR  THE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION
SOLELY WITH REGARD TO RESIDENTIAL FACILITIES.  EVERY STATE AGENCY  SHALL
SUBMIT  A SITE PLAN FOR EACH PARCEL OF LAND UNDER ITS CONTROL UPON WHICH
A RESIDENTIAL FACILITY IS TO BE  OR  HAS  BEEN  CONSTRUCTED.    FOR  THE
PURPOSES  OF  THIS SECTION, "STATE AGENCY" MEANS ANY DEPARTMENT, BUREAU,
COMMISSION, BOARD, PUBLIC  AUTHORITY  OR  OTHER  AGENCY  OF  THE  STATE,
INCLUDING  ANY  PUBLIC  BENEFIT CORPORATION ANY MEMBER OF WHOSE BOARD IS
APPOINTED BY THE GOVERNOR.
  S 2. Section 274-a of the town law is amended by adding a new subdivi-
sion 1-a to read as follows:
  1-A. WAIVER OF STATE IMMUNITY. THE STATE HEREBY  WAIVES  ITS  IMMUNITY
FROM  LIABILITY  FOR  THE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION
SOLELY WITH REGARD TO RESIDENTIAL FACILITIES.  EVERY STATE AGENCY  SHALL
SUBMIT  A SITE PLAN FOR EACH PARCEL OF LAND UNDER ITS CONTROL UPON WHICH
A RESIDENTIAL FACILITY IS TO BE  OR  HAS  BEEN  CONSTRUCTED.    FOR  THE
PURPOSES  OF  THIS SECTION, "STATE AGENCY" MEANS ANY DEPARTMENT, BUREAU,
COMMISSION, BOARD, PUBLIC  AUTHORITY  OR  OTHER  AGENCY  OF  THE  STATE,
INCLUDING  ANY  PUBLIC  BENEFIT CORPORATION ANY MEMBER OF WHOSE BOARD IS
APPOINTED BY THE GOVERNOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01130-01-3

S. 1362                             2

  S 3. Section 7-725-a of the village law is amended  by  adding  a  new
subdivision 1-a to read as follows:
  1-A.  WAIVER  OF  STATE IMMUNITY. THE STATE HEREBY WAIVES ITS IMMUNITY
FROM LIABILITY FOR THE COMPLIANCE WITH THE PROVISIONS  OF  THIS  SECTION
SOLELY  WITH  REGARD TO RESIDENTIAL FACILITIES. EVERY STATE AGENCY SHALL
SUBMIT A SITE PLAN FOR EACH PARCEL OF LAND UNDER ITS CONTROL UPON  WHICH
A  RESIDENTIAL  FACILITY  IS  TO  BE  OR HAS BEEN CONSTRUCTED.   FOR THE
PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS ANY  DEPARTMENT,  BUREAU,
COMMISSION,  BOARD,  PUBLIC  AUTHORITY  OR  OTHER  AGENCY  OF THE STATE,
INCLUDING ANY PUBLIC BENEFIT CORPORATION ANY MEMBER OF  WHOSE  BOARD  IS
APPOINTED BY THE GOVERNOR.
  S 4. Within 90 days of the effective date of this act each state agen-
cy  which has constructed a residential facility upon any parcel of land
under its control prior to the effective date of this act shall submit a
site plan for such parcel to the appropriate city, town or village.
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.