senate Bill S7260

Relates to consultation with affected parties on certain projects

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 08 / May / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Summary

Relates to consultation with affected parties on certain projects.

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Bill Details

See Assembly Version of this Bill:
A9830
Versions:
S7260
Legislative Cycle:
2013-2014
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
New York State Urban Development Corporation Act
Laws Affected:
Amd ยง16, UDC Act

Sponsor Memo

BILL NUMBER:S7260

TITLE OF BILL: An act to amend the New York state urban development
corporation act, in relation to consultation with affected parties on
certain projects

PURPOSE: To ensure that the Urban Development Corporation (UDC)-in
the course of proposing, planning, designing and executing
projects-works directly with the affected community and specifically
affected parties that have a substantive, pertinent and vested
interest in the project and how it will affect the community.

SUMMARY OF PROVISIONS:

The following changes to Section i6 of the UDC Act are proposed:

UDC is required to directly and proactively consult with "Specifically
Affected Parties," at all stages of a proposed project, including the
development, planning and proposal stages of such projects.

"Specifically Affected Parties" are defined as: (1) Current tenants or
occupants of the proposed project site, (2) All elected officials that
geographically represent the proposed project site, (3) All local
government subsidiaries charged with land use/zoning review duties
within the proposed project site, (4) The community, minimally
operationalized as residents who live within a five mile radius of the
proposed project site and (5) Community based organizations who are
principally based in the catchment area that is concurrent with the
proposed project site.

Consultation with the aforementioned parties is mandated at all stages
of contemplated projects and must include: reaching out to all
"Specifically Affected Parties" by first class mail, e-mail and phone;
holding community planning meetings, where affected parties can engage
in true collaboration and community planning, including the
opportunity to propose affirmative, modified or alternative plans.
Enhanced UDC outreach provisions with respect to the general public
are mandated, which include: distributing flyers concerning the
proposed project, erecting signage at the proposed project site,
attending and speaking at community meetings and taking out full page
advertisements in two papers of specific circulation to the community
affected by the project.

Provides for a seventy day timeframe between General Project Plan
(GPP) approval by the UDC Board of Directors and communication of same
to the "Specifically Affected Parties," including the relevant
Community Board(s) where the project is located-before a public
hearing is held thereon. Also specifies that the seventy day timeframe
commences when the "Specifically Affected Parties," including the
Community Board receives notification and confirms such with UDC, not
when it is originally mailed. Direct and proactive consultation with
"Specifically Affected Parties" shall occur during this seventy day
time period.

Provides that UDC must act on all testimony received at public
hearings. Specifically, they must respond to each substantive comment
in writing, including "substantive negative comments" and share these


responses with "Specifically Affected Parties." If UDC decides to
affirm the proposed plan without incorporating changes, they must hold
a public meeting with the "Specifically Affected Parties" and explain
why they have not modified or withdrawn the plan in response to
substantive negative comments.

EXISTING LAW:

Section 16 of the UDC Act of 1968 and amendments thereto spell out a
exceptionally limited, narrowly defined and mechanically executed
public consultation process that acts, in practice, as mere
ornamentation for speedy approval of projects, the details of which
are decided in advance and fast-tracked without substantively engaging
the affected community.

JUSTIFICATION: The public consultation provisions of the UDC Act are
dated in time and simply do not work in a way that empowers and taps
into the knowledge and passion of communities that are affected by
massive redevelopment projects. The law itself, while spelling out
some minor procedural due process guarantees, functions as an absolute
rubber stamp in practice. Some examples of the current failings, with
respect to the City of New York include: the fact that the projects
are developed in secret and not as part of a community planning
process; the fact that the Mayor and the City Clerk are notified about
the project but current residents and tenants who live at work at the
project site are not; while Community Boards are supposed to be
notified about the project before a public hearing occurs thereon,
many receive notice after the fact that the hearing has actually
occurred; because of the fact that a hearing must occur within ten
days of Community Board "notification" most in the community never
hear about the project or have the opportunity to be heard thereon and
thus the public hearings are held in silent halls with no attendance
whatsoever. In fact, the current Chief of Staff for UDC recently
stated that it is not uncommon for no one to show up to UDC hearings.
In the rare times that people do show up to testify, the comments are
simply noted and transcribed; they are never acted upon and the
projects are never amended to reflect them.

In short, the current public consultation provisions of the UDC Act
are entirely inadequate to the statutorily mandated task of actually
consulting with affected parties at the "earliest practicable time"
and giving "primary consideration to local needs and desires" while
fostering "local initiative and participation in connection with the
planning and development of its projects." The time is right to give
this statutory dicta meaning in the real word application of projects
that have generational consequences in our communities.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Minor, if any at all.

LOCAL FISCAL IMPLICATIONS: None noted.

EFFECTIVE DATE: Immediately.

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

                                  7260

                            I N  S E N A T E

                               May 8, 2014
                               ___________

Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN ACT to amend the New York state urban development corporation act, in
  relation to consultation with affected parties on certain projects

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

  Section 1. Section 16 of section 1 of chapter 174 of the laws of  1968
constituting  the  New  York  state  urban  development corporation act,
subdivisions 2 and 3 as amended by chapter 732 of the laws of  1990  and
subdivision  5  as  amended and subdivision 6 as added by chapter 847 of
the laws of 1971, is amended to read as follows:
  S  16.  Cooperation  with  municipalities.  (1)  In  effectuating  the
purposes  of this act, the corporation and community advisory committees
created pursuant to section  four  of  this  act  shall  work  [closely,
consult  and  cooperate]  DIRECTLY  with  local elected officials [and],
community leaders AND SPECIFICALLY  AFFECTED  PARTIES  at  the  earliest
practicable  time,  INCLUDING BEFORE PROJECTS ARE PROPOSED, DURING THEIR
DEVELOPMENT AND WHEN THEY ARE PRESENTED TO THE GENERAL PUBLIC.  WHENEVER
A  PROJECT  IS  PROPOSED,  AND AT EACH SUBSEQUENT STAGE OF SUCH PROPOSED
PROJECT, INCLUDING, WITHOUT LIMITATION: BOARD MEETINGS, BOARD APPROVALS,
PUBLIC MEETINGS AND PUBLIC HEARINGS THE CORPORATION AND COMMUNITY  ADVI-
SORY  COMMITTEES  SHALL ENGAGE IN DIRECT AND PROACTIVE CONSULTATION WITH
ALL AFFECTED  PARTIES,  INCLUDING  "SPECIFICALLY  AFFECTED  PARTIES"  AS
DEFINED BELOW. FOR PURPOSES OF THIS ACT, THE TERM "SPECIFICALLY AFFECTED
PARTIES"  SHALL HAVE THE FOLLOWING MEANING: (A) CURRENT TENANTS OR OCCU-
PANTS OF THE PROPOSED PROJECT SITE IN QUESTION, (B)  ALL  ELECTED  OFFI-
CIALS  THAT  GEOGRAPHICALLY REPRESENT THE PROPOSED PROJECT SITE IN QUES-
TION, (C) ALL LOCAL GOVERNMENT SUBSIDIARIES CHARGED WITH LAND USE/ZONING
REVIEW DUTIES WITHIN THE PROPOSED PROJECT  SITE  IN  QUESTION,  (D)  THE
COMMUNITY, MINIMALLY OPERATIONALIZED AS RESIDENTS WHO LIVE WITHIN A FIVE
MILE  RADIUS  OF THE PROPOSED PROJECT SITE IN QUESTION AND (E) COMMUNITY
BASED ORGANIZATIONS WHO ARE PRINCIPALLY BASED IN THE CATCHMENT AREA THAT
IS CONCURRENT WITH THE PROPOSED  PROJECT  SITE  IN  QUESTION.  THE  TERM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14959-01-4

S. 7260                             2

"DIRECT AND PROACTIVE CONSULTATION" SHALL MEAN THE FOLLOWING: THE CORPO-
RATION  AND COMMUNITY ADVISORY COMMITTEES SHALL REACH OUT TO ALL SPECIF-
ICALLY AFFECTED PARTIES WHEN THE PROJECT IS BEING  CONTEMPLATED,  DEVEL-
OPED  AND PROPOSED AND AT EACH SUBSEQUENT STAGE OF SUCH PROPOSED PROJECT
VIA: FIRST CLASS MAIL, E-MAIL AND PHONE, WHERE PRACTICABLE; FURTHER,  AT
EACH STAGE OF THE PROPOSED PROJECT IN QUESTION IN PERSON COMMUNITY PLAN-
NING MEETINGS MUST BE HELD WITH ALL CURRENT TENANTS OF THE SITE IN QUES-
TION,  ELECTED  OFFICIALS AND LOCAL GOVERNMENT SUBSIDIARIES CHARGED WITH
LAND USE/ZONING REVIEW DUTIES. SUCH COMMUNITY PLANNING  MEETINGS,  AT  A
MINIMUM, MUST PROVIDE EACH PARTY WITH AN OPPORTUNITY TO PROPOSE AFFIRMA-
TIVE,  MODIFIED  OR  ENTIRELY DIFFERENT PLANS THAN THOSE CURRENTLY UNDER
CONSIDERATION. IN ADDITION, COMPLEMENTARY CONSULTATION STEPS  MUST  ALSO
BE TAKEN TO REACH THE GENERAL PUBLIC, WHICH SHALL INCLUDE, WITHOUT LIMI-
TATION:  DISTRIBUTING  FLYERS  THAT DESCRIBE THE PROPOSED PROJECT IN THE
AFFECTED AREA, ERECTING LARGE SIGNAGE CONTAINING PROJECT DETAILS AT  THE
PROPOSED  PROJECT  SITE IN QUESTION, ATTENDING AND SPEAKING AT COMMUNITY
MEETINGS WHERE APPROPRIATE AND TAKING OUT FULL PAGE ADVERTISEMENTS IN NO
LESS THAN TWO LOCAL  PAPERS  THAT  ARE  LIKELY  TO  REACH  THE  AFFECTED
PARTIES.    The  corporation  shall  give primary consideration to local
needs and desires and shall foster local initiative and participation in
connection with the planning and development  of  its  projects  AT  ALL
STAGES.  Wherever possible, activities of the corporation shall be coor-
dinated  with  local urban renewal and other community projects, and the
corporation shall assist  localities  in  carrying  out  such  projects.
Consideration  shall also be given to local and regional goals and poli-
cies as expressed in urban renewal, community renewal and local  compre-
hensive land use plans and regional plans.
  (2) Except with respect to a project consisting in whole or in part of
real  property  acquired by the corporation pursuant to section fourteen
of this act, before commencing  the  acquisition,  construction,  recon-
struction, rehabilitation, alteration or improvement of any project: (a)
upon  adoption of the general project plan, the corporation shall file a
copy of such plan, including the findings required pursuant  to  section
ten of this act, in its corporate offices and in the office of the clerk
of  any  municipality  in which the project is to be located, AS WELL AS
WITH ALL  "SPECIFICALLY  AFFECTED  PARTIES"  AS  DEFINED  ABOVE.    Upon
request, any other person shall be furnished with a digest of such plan;
(b)  pursuant  to  authorization from the chief executive officer of the
corporation, which authorization may be given prior to the  adoption  of
such plan by the corporation, the corporation shall: (i) publish in [one
newspaper]  TWO  NEWSPAPERS  of  general  circulation within the munici-
pality, (ii) provide to the chief executive officer of the  municipality
within  which  the  project  is  located, and (iii) in any city having a
population of one million or more, [provide to]  ENGAGE  IN  DIRECT  AND
PROACTIVE CONSULTATION, AS DEFINED ABOVE, WITH ALL SPECIFICALLY AFFECTED
PARTIES,  INCLUDING  any  community  board  in which the project will be
located, INCLUDING BY PROVIDING a notice that such plan  will  be  filed
upon  its  adoption  by the corporation and that digests thereof will be
available, which notice shall also state that a public hearing  will  be
held  to  consider  the plan at a specified time and place on a date not
less than [ten] SEVENTY days after such  publication;  THE  SEVENTY  DAY
PERIOD  WILL  COMMENCE  WHEN  THE COMMUNITY BOARDS, AFFECTED TENANTS AND
ELECTED OFFICIALS ALL  CONFIRM  WITH  THE  CORPORATION  THAT  THEY  HAVE
RECEIVED  NOTICE;  (c)  the  corporation  shall conduct a public hearing
pursuant to such notice,  AND  SHALL  ENGAGE  IN  DIRECT  AND  PROACTIVE
CONSULTATION  WITH  "SPECIFICALLY AFFECTED PARTIES" FOR THE FULL SEVENTY

S. 7260                             3

DAY PERIOD TO ENSURE MAXIMUM PARTICIPATION  AT  SUCH  HEARING;  provided
that such public hearing shall not take place before the adoption or the
filing  of  such  plan  by  the  corporation;  (d)  [upon] ALL TESTIMONY
RECEIVED AT THE HEARING, WHETHER WRITTEN OR DELIVERED ORALLY AND INCLUD-
ING  WRITTEN  TESTIMONY SUBMITTED FOR A PERIOD OF THIRTY DAYS AFTER SUCH
HEARING SHALL BE REVIEWED AND ACTED ON BY THE  CORPORATION.  THE  CORPO-
RATION  SHALL  RESPOND TO EACH SUBSTANTIVE COMMENT IN WRITING, INCLUDING
ALL SUBSTANTIVE NEGATIVE COMMENTS AND SHALL SHARE SUCH RESPONSE DOCUMENT
WITH ALL "SPECIFICALLY AFFECTED PARTIES". IF  A  SIGNIFICANT  AMOUNT  OF
SUBSTANTIVE  NEGATIVE COMMENTS ARE RECEIVED, THE CORPORATION WILL, AFTER
DUE CONSIDERATION OF SUCH TESTIMONY AND COMMENT, AFFIRM, MODIFY OR WITH-
DRAW THE PLAN IN THE MANNER PROVIDED FOR THE INITIAL FILING OF SUCH PLAN
IN PARAGRAPH (A) OF THIS SUBDIVISION. HOWEVER,  BEFORE  THE  CORPORATION
AFFIRMS  THE  PLAN IT MUST HOLD A PUBLIC MEETING WITH THIRTY DAYS NOTICE
AND  DIRECT  AND  PROACTIVE  CONSULTATION  WITH  "SPECIFICALLY  AFFECTED
PARTIES".  AT  SUCH  MEETING, THE CORPORATION MUST EXPLAIN WHY THEY HAVE
NOT MODIFIED OR WITHDRAWN THE PLAN IN RESPONSE TO  SUBSTANTIVE  NEGATIVE
COMMENTS.  UPON  a written finding of the chief executive officer of the
corporation that no substantive negative testimony or comment  has  been
received  at  such public hearing, NOR IN THE THIRTY DAY WRITTEN COMMENT
PERIOD THEREAFTER, such plan shall be effective  at  the  conclusion  of
such  [hearing;  provided,  however,  that  if  any substantive negative
testimony or comment is received at such public hearing, the corporation
may, after due consideration of  such  testimony  and  comment,  affirm,
modify  or  withdraw  the  plan  in  the manner provided for the initial
filing of such plan in paragraph (a) of this subdivision] TIMEFRAME.
  (3) After DIRECT AND PROACTIVE consultation with local  officials,  as
provided  in  subdivision  one  of this section, the corporation and any
subsidiary thereof shall, in constructing, reconstructing,  rehabilitat-
ing,  altering or improving any project, comply with the requirements of
local laws, ordinances, codes, charters  or  regulations  applicable  to
such   construction,   reconstruction,   rehabilitation,  alteration  or
improvement, provided however, that  when,  in  the  discretion  of  the
corporation,  such compliance is not feasible or practicable, the corpo-
ration and any subsidiary thereof shall comply with the requirements  of
the  state  building construction code, formulated by the state building
code council pursuant to article eighteen of the executive law, applica-
ble to such construction, reconstruction, rehabilitation, alteration  or
improvement.  In  those  circumstances  where,  in the discretion of the
corporation, such compliance with local laws, ordinances,  codes,  char-
ters  or  regulations is not feasible or practicable, and in the case of
any project where the  corporation  intends  to  acquire  real  property
pursuant  to  section thirteen of this act, the requirements of subdivi-
sion two of this section shall be complied with; provided, however, that
(a) the corporation shall provide a copy of the plan to the chief execu-
tive officer of any municipality within  which  the  project  is  to  be
located,  the  chairman  of the planning board or commission of any such
municipality, or if there is no planning board  or  commission,  to  the
presiding  officer  of the local governing body and in any city having a
population of one million or more, to any community board in  which  the
project is located, and the public hearing to consider the plan required
pursuant  thereto shall be held on thirty days notice following adoption
of the plan by the corporation; SUCH PUBLIC HEARING SHALL CONFORM TO ALL
OF THE DIRECT AND PROACTIVE CONSULTATION  REQUIREMENTS  AND  THE  PUBLIC
HEARING  REQUIREMENTS  AS  DEFINED  IN  SUBDIVISIONS ONE AND TWO OF THIS
SECTION; (b) any person shall have the opportunity  to  present  written

S. 7260                             4

comments  on  the  plan within thirty days after the public hearing; (c)
any municipality within which the project is to be located, by  majority
vote  of  its  planning board or commission, or in the event there is no
planning  board  or  commission, by majority vote of its local governing
body, may recommend approval, disapproval or modification of  the  plan,
which  recommendation  shall  be submitted in writing to the corporation
within thirty days after such hearing; and (d) after  due  consideration
of  such  testimony  and comments and municipal recommendations, if any,
the corporation may affirm, modify or withdraw the plan  in  the  manner
provided  for the initial filing of such plan in paragraph (a) of subdi-
vision two of this section, provided, however that in the event any such
municipality has recommended disapproval or modification of the plan, as
provided herein, the corporation may affirm the plan only by a  vote  of
two-thirds  of  the  directors  thereof  then in office. No municipality
shall have power to modify or change the drawings, plans  or  specifica-
tions  for  the construction, reconstruction, rehabilitation, alteration
or improvement of any project of the corporation or  of  any  subsidiary
thereof,  or  the  construction,  plumbing,  heating,  lighting or other
mechanical branch of work necessary to complete the  work  in  question,
nor to require that any person, firm or corporation employed on any such
work  shall  perform any such work in any other or different manner than
that provided by such plans and specifications, nor to require that  any
such person, firm or corporation obtain any other or additional authori-
ty,  approval,  permit or certificate from such municipality in relation
to the work being done, and the doing of any such work  by  any  person,
firm  or  corporation  in  accordance  with  the terms of such drawings,
plans, specifications or contracts shall not subject said  person,  firm
or  corporation  to  any  liability or penalty, civil or criminal, other
than as may be stated in such contracts  or  incidental  to  the  proper
enforcement  thereof;  nor  shall any municipality have power to require
the corporation or  any  subsidiary  thereof,  or  lessee  therefrom  or
successor in interest thereto, to obtain any other or additional author-
ity, approval, permit, certificate or certificate of occupancy from such
municipality  as a condition of owning, using, maintaining, operating or
occupying any project acquired,  constructed,  reconstructed,  rehabili-
tated, altered or improved by the corporation or by any subsidiary ther-
eof.  The  foregoing provisions shall not preclude any municipality from
exercising the right of inspection for the purpose of requiring  compli-
ance by any such project with local requirements for operation and main-
tenance, affecting the health, safety and welfare of the occupants ther-
eof,  provided,  however, that such compliance does not require changes,
modifications or additions to the original construction of such project.
  (4) Each municipality or  political  subdivision,  including  but  not
limited  to  a  county,  city,  town,  village or district, in which any
project of the corporation or of  any  subsidiary  thereof  is  located,
shall  provide  for such project, whether then owned by the corporation,
any subsidiary thereof or any successor  in  interest  thereto,  police,
fire,  sanitation, health protection and other municipal services of the
same character and to the same extent as those provided for other  resi-
dents of such municipality or political subdivision.
  (5)  Notwithstanding  the  provisions of any general, special or local
law or charter, any municipality or any  public  corporation  is  hereby
empowered  to  purchase  or  lease  for a term not exceeding ninety-nine
years a civic project, upon such terms and conditions as may  be  agreed
upon  by  such  municipality  or  such public corporation and the corpo-
ration. No agreement for such purchase or lease shall be deemed to be  a

S. 7260                             5

contract  for  public work or purchase within the meaning of the general
municipal law. Nothing contained in this subdivision shall be deemed  to
amend  or  supersede  any other provision of law requiring a vote of the
qualified  voters  of any school district upon a proposed expenditure of
funds or incurring of indebtedness by such school district.
  (6) In carrying out any project, the corporation and its  subsidiaries
shall  be  empowered  to  enter into contractual agreements with munici-
palities and public corporations with respect to the furnishing  of  any
community,  municipal  or  public  facilities  or  services necessary or
desirable for such project, and any municipality or  public  corporation
is  hereby  authorized  and empowered, notwithstanding any other law, to
enter into such contractual agreements  with  the  corporation  and  its
subsidiaries and to do all things necessary to carry out its obligations
under the same.
  S 2. This act shall take effect immediately.

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