NY State Senate Bill 2013-S6425A

Senate Bill S6425A

2013-2014 Legislative Session

Provides that the local laws, rules and regulations in effect on the date an application for a building permit is submitted shall apply to the review and granting of such permit

download bill text pdf

Archive: Last Bill Status - In Assembly 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2014	referred to local governments delivered to assembly passed senate
Jun 18, 2014	ordered to third reading cal.1559 committee discharged and committed to rules
Jun 16, 2014	print number 6425a
Jun 16, 2014	amend and recommit to local government
Jan 23, 2014	referred to local government

Votes

- Jun 20, 2014 - Floor Vote
  S6425A
  
  38
  
  Aye
  
  21
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2014
      
      aye (38)
      
      Ball
      
      Bonacic
      
      Carlucci
      
      DeFrancisco
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sampson
      
      Savino
      
      Seward
      
      Skelos
      
      Smith
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (21)
      
      Addabbo Jr.
      
      Avella
      
      Boyle
      
      Breslin
      
      Dilan
      
      Gianaris
      
      Gipson
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      O'Brien
      
      Parker
      
      Peralta
      
      Perkins
      
      Rivera
      
      Sanders Jr.
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      excused (2)
      
      Diaz
      
      Espaillat
  Jun 18, 2014 - Rules Committee Vote
  S6425A
  
  22
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2014
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Farley
      
      Flanagan
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Gianaris
      
      Perkins
      
      excused (1)
      
      Espaillat

Bill Amendments

Original

A (Active)

2013-S6425 - Details

Current Committee:: Assembly Local Governments
Law Section:: Town Law
Laws Affected:: Add §280-b, Town L; add §7-737, Vil L

2013-S6425 - Summary

Provides that the local laws, rules and regulations in effect on the date an application for a building permit is submitted shall apply to the review and granting of such permit.

2013-S6425 - Sponsor Memo

                                BILL NUMBER:S6425

TITLE OF BILL:  An act to amend the town law and the village law, in
relation to applications for permits

PURPOSE:

Provides that the local laws, rules and regulations in effect on the
date of an application for a building permit is submitted shall apply
to the review and granting of such permit.

SUMMARY OF PROVISIONS:

Section One - amends the town law by adding section 280-b by stating
the local laws, rules and regulations in effects on the date of an
application for a permit is filed with an agency, shall remain in
effect and continue to apply to such applications until the final
determination of all agencies having approval authority and any
appeals thereof. A permit application shall be valid for a period of
one year.

Section Two - amends the village law by adding a new section 7-737 by
stating the local laws, rules and regulations in effects on the date
of an application for a permit is filed with an agency, shall remain
in effect and continue to apply to such applications until the final
determination of all agencies having approval authority and any

appeals thereof. A permit application shall be valid for a period of
one year.

Section Three - this act shall take effect immediately.

JUSTIFICATION:

Currently in New York State, there is no predictability or protection
in the ownership of property from changes by local municipalities from
adding restrictive zoning, confiscatory building codes or other
regulations which did not exist at the time of the purchase and
investment in a specific property.

When a local municipality adds these restrictive practices after a
project has been approved, business becomes more tenuous, costly and
unpredictable. Due to this practice an unfair burden is created and
placed on property owners and businesses that result in the loss of
jobs, investment, commerce and industry in the State of New York.

This legislation does not impact a municipality's authority to stop a
project that could harm or endanger the surrounding community. This
legislation will not have an impact on the State Environment Quality
Review Process (SEQR Process) and property owners and investors will
still be requited to continue to fully comply with the full intent of
the SEQR Process.

LEGISLATIVE HISTORY:

New legislation.

FISCAL IMPLICATIONS:


The fiscal implications attached to this legislation are minimal.

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S6425 - Bill Text download pdf

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

                                  6425

                            I N  S E N A T E

                            January 23, 2014
                               ___________

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

AN ACT to amend the town law and the village law, in relation to  appli-
  cations for permits

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

  Section 1. The town law is amended by adding a new  section  280-b  to
read as follows:
  S  280-B.  APPLICATIONS  FOR  PERMITS. THE LOCAL LAWS, RULES AND REGU-
LATIONS IN EFFECT ON THE DATE AN APPLICATION FOR A PERMIT IS FILED  WITH
AN AGENCY, SHALL REMAIN IN EFFECT AND CONTINUE TO APPLY TO SUCH APPLICA-
TION  UNTIL  THE  FINAL  DETERMINATION  OF  ALL AGENCIES HAVING APPROVAL
AUTHORITY AND ANY APPEALS THEREOF. A PERMIT APPLICATION SHALL  BE  VALID
FOR A PERIOD OF ONE YEAR.
  S  2. The village law is amended by adding a new section 7-737 to read
as follows:
  S 7-737. APPLICATIONS FOR PERMITS. THE LOCAL  LAWS,  RULES  AND  REGU-
LATIONS  IN EFFECT ON THE DATE AN APPLICATION FOR A PERMIT IS FILED WITH
AN AGENCY, SHALL REMAIN IN EFFECT AND CONTINUE TO APPLY TO SUCH APPLICA-
TION UNTIL THE FINAL  DETERMINATION  OF  ALL  AGENCIES  HAVING  APPROVAL
AUTHORITY  AND  ANY APPEALS THEREOF. A PERMIT APPLICATION SHALL BE VALID
FOR A PERIOD OF ONE YEAR.
  S 3. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11332-01-3

2013-S6425A (ACTIVE) - Details

Current Committee:: Assembly Local Governments
Law Section:: Town Law
Laws Affected:: Add §280-b, Town L; add §7-737, Vil L

2013-S6425A (ACTIVE) - Summary

Provides that the local laws, rules and regulations in effect on the date an application for a building permit is submitted shall apply to the review and granting of such permit.

2013-S6425A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6425A        REVISED MEMO 06/18/2014

TITLE OF BILL:  An act to amend the town law and the village law, in
relation to applications for permits

PURPOSE:

Provides that the local laws, rules and regulations in effect on the
date of an application for a building permit is submitted will apply
to the review and granting of such permit.

SUMMARY OF PROVISIONS:

Section One - amends the town law by adding section 280-b by stating
the local laws, rules and regulations in effects on the date of an
application for a permit is filed with an agency, will remain in
effect and continue to apply to such applications until the final
determination of all agencies having approval authority and any
appeals thereof, A permit application will expire six months after its
submission or after a permit is issued, whichever will be sooner.

Section Two - amends the village law by adding a new section 7-737 by
stating the local laws, rules and regulations in effects on the date
of an application for a permit is filed with an agency, will remain in
effect and continue to apply such applications until the final
determination of all agencies having approval authority and any

appeals thereof A permit application will expire six months after its
submission or after a permit is issued, whichever will be sooner.

Section Three - this act will take effect immediately.

JUSTIFICATION:

This legislation would assure that zoning laws will not be changed in
the middle of a project for up to six months after the submission of a
permit application, or after a permit is issued, which ever were to
happen sooner. This ensures that a contractor with set zones will have
those zones for the entirety of the construction and that the zones
are not constantly changing due to changing laws.  It is very
important in the completion of construction and will enable projects
to move quickly and smoothly.

LEGISLATIVE HISTORY:

New Legislation.

FISCAL IMPLICATIONS:

The fiscal implications attached to this legislation are minimal.

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S6425A (ACTIVE) - Bill Text download pdf

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

                                 6425--A

                            I N  S E N A T E

                            January 23, 2014
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the town law and the village law, in relation to  appli-
  cations for permits

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

  Section 1. The town law is amended by adding a new  section  280-b  to
read as follows:
  S  280-B.  APPLICATIONS  FOR  PERMITS. THE LOCAL LAWS, RULES AND REGU-
LATIONS IN EFFECT ON THE DATE AN APPLICATION FOR A PERMIT IS FILED  WITH
AN AGENCY, SHALL REMAIN IN EFFECT AND CONTINUE TO APPLY TO SUCH APPLICA-
TION  UNTIL  THE  FINAL  DETERMINATION  OF  ALL AGENCIES HAVING APPROVAL
AUTHORITY AND ANY APPEALS THEREOF. A PERMIT APPLICATION SHALL EXPIRE SIX
MONTHS AFTER ITS SUBMISSION OR AFTER A PERMIT IS ISSUED, WHICHEVER SHALL
BE SOONER.
  S 2. The village law is amended by adding a new section 7-737 to  read
as follows:
  S  7-737.  APPLICATIONS  FOR  PERMITS. THE LOCAL LAWS, RULES AND REGU-
LATIONS IN EFFECT ON THE DATE AN APPLICATION FOR A PERMIT IS FILED  WITH
AN AGENCY, SHALL REMAIN IN EFFECT AND CONTINUE TO APPLY TO SUCH APPLICA-
TION  UNTIL  THE  FINAL  DETERMINATION  OF  ALL AGENCIES HAVING APPROVAL
AUTHORITY AND ANY APPEALS THEREOF. A PERMIT APPLICATION SHALL EXPIRE SIX
MONTHS AFTER ITS SUBMISSION OR AFTER A PERMIT IS ISSUED, WHICHEVER SHALL
BE SOONER.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11332-02-4

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