senate Bill S7384

Relates to extending the amount of time between notice of a project and a public hearing

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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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actions

  • 14 / May / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 28 / May / 2014
    • 1ST REPORT CAL.983
  • 29 / May / 2014
    • 2ND REPORT CAL.
  • 02 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 19 / Jun / 2014
    • SUBSTITUTED BY A9798

Summary

Relates to extending the amount of time between notice of a project and a public hearing.

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Bill Details

See Assembly Version of this Bill:
A9798
Versions:
S7384
Legislative Cycle:
2013-2014
Law Section:
New York State Urban Development Corporation Act
Laws Affected:
Amd ยงยง6, 8, 14 & 16, UDC Act

Votes

6
0
6
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Corporations, Authorities and Commissions committee vote details

Sponsor Memo

BILL NUMBER:S7384

TITLE OF BILL: An act to amend the New York state urban development
corporation act, in relation to extending the amount of time between
notice of a project and a public hearing

PURPOSE: To ensure that the general public and the community-as well as
parties specifically affected by proposed UDC projects and associated
actions-are given adequate public notice of public hearings so they can
attend and participate therein.

SUMMARY OF PROVISIONS: In relation to the following four Sections of
the UDC Act-6(c); 8(z); 4(2); and 16(2)(b)(iii)-the current ten day
window between public notice and public hearing is expanded to thirty
days.

EXISTING LAW: The current provisions of the UDC Act require a minimum
of ten days between public notice and public hearing.

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 and other associated actions. 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 actual-
ly 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 whatsoe-
ver-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. The current ten
day window is a substantial contributor to this disconcerting phenome-
non. 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 foster-
ing "local initiative and participation in connection with the planning
and development of its projects." The time is right to give this statu-
tory dicta meaning in the real word application of projects that have
generational consequences in our communities. Ensuring that the general
public, communities and specifically affected parties have thirty days

to actually learn of public hearings-and subsequently mobilize, deliber-
ate, draft and execute meaningful public participation (in the form of
comments, testimony and proposed alternative considerations) in situ-
ations that have direct consequences for their lives- is a step forward
in terms of transparency, accountability and good governance.

LEGISLATIVE HISTORY: New bill; similar in concept to portions Senate
Bills 6454 and 7260 of 2014.

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  7384

                            I N  S E N A T E

                              May 14, 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  extending the amount of time between notice of a project
  and a public hearing

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

  Section 1. Subdivision (c) of section 6 of section 1 of chapter 174 of
the  laws  of  1968  constituting  the  New York state urban development
corporation act, is amended to read as follows:
  (c) to any other person, firm,  partnership  or  corporation,  without
public  bidding  or public sale, provided there is published in at least
one newspaper of general circulation in the municipality  in  which  the
project is located a notice which shall include a statement of the iden-
tity  of  the  proposed  purchaser  or lessee and of his proposed use or
reuse of the land use improvement project  area  or  applicable  portion
thereof, the price or rental to be paid by such purchaser or lessee, all
other essential conditions of such sale or lease, and a statement that a
public  hearing  upon  such sale or lease will be held before the corpo-
ration at a specified time and place on a date not less than [ten] THIR-
TY days after such publication, and provided further  that  such  public
hearing is held in accordance with such notice.
  S  2.  Subdivision  2  of section 8 of section 1 of chapter 174 of the
laws of 1968 constituting the New York state  urban  development  corpo-
ration act is amended to read as follows:
  (2) Before any sale or lease of all or a substantial part of a project
as  authorized  by subdivision one of this section is consummated, there
shall be published in at least one newspaper of general  circulation  in
the  municipality  in  which the project is located a notice which shall
include a statement of the identity of the proposed purchaser or lessee,
the price or rental to be paid, all other essential conditions  of  such
sale  or  lease, and a statement that a public hearing upon such sale or
lease will be held before the corporation at a specified time and  place

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15110-02-4

S. 7384                             2

on  a  date  not less than [ten] THIRTY days after such publication, and
such hearing shall be held in accordance  with  such  notice;  provided,
however,  that if the corporation determines that trade secrets or other
confidential  information  about the prospective purchaser's or lessee's
business operations, products, processes or designs would  otherwise  be
revealed  by  such public notice and public hearing, the requirements of
this subdivision may be waived by unanimous vote of the directors of the
corporation.
  S 3. Subdivision 2 of section 14 of section 1 of chapter  174  of  the
laws  of  1968  constituting the New York state urban development corpo-
ration act, as amended by chapter 576 of the laws of 1969, is amended to
read as follows:
  (2) Notwithstanding the provisions of any general,  special  or  local
law  or  charter, any municipality, by resolution of its local governing
body, is hereby empowered without  referendum,  public  auction,  sealed
bids  or  public notice, to sell, lease for a term not exceeding ninety-
nine years, grant or convey to the corporation any real  property  owned
by  it which the corporation shall certify to be necessary or convenient
for its corporate purposes. Any such sale, lease,  grant  or  conveyance
shall  be  made  with  or  without consideration and upon such terms and
conditions as may be agreed upon by such  municipality  and  the  corpo-
ration.  Certification  shall  be evidenced by a formal request from the
president of the corporation. Before any  such  sale,  lease,  grant  or
conveyance  may  be  made  to the corporation, a public hearing shall be
held by the local governing body to consider the same.  Notice  of  such
hearing  shall  be  published at least [ten] THIRTY days before the date
set for the hearing in such publication and in such  manner  as  may  be
designated by the local governing body.
  S  4.  Subparagraph (iii) of paragraph (b) of subdivision 2 of section
16 of section 1 of chapter 174 of the laws of 1968 constituting the  New
York  state urban development corporation act, as amended by chapter 732
of the laws of 1990, is amended to read as follows:
  (iii) in any city having a population of one million or more,  provide
to  any  community  board in which the project will be located, 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] THIRTY days after such
publication;
  S 5. This act shall take effect immediately.

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