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

                                   120

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sens. HOYLMAN, PERKINS, SERRANO -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion

AN  ACT  to amend the education law, in relation to requiring compliance
  with the uniform land use review  procedure  for  the  disposition  of
  school property in New York city

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

  Section 1. Subdivisions 11 and 20 of section 454 of the education law,
subdivision 11 as added by chapter 999 of the laws of 1966 and  subdivi-
sion  20  as amended by chapter 1036 of the laws of 1971, are amended to
read as follows:
  11. Subject to the terms and conditions  of  any  lease,  sublease  or
other agreement with third parties and to the determination of the board
of  education  that such real property is unnecessary for the present or
foreseeable future school building needs of the city  of  New  York,  to
surrender  to the appropriate city official, for other public use or for
sale, lease or other disposition in accordance with law,  real  property
held  by  the  fund  for its corporate purposes; PROVIDED, HOWEVER, THAT
PRIOR TO ANY SUCH SALE, LEASE OR OTHER DISPOSITION THERE SHALL  BE  FULL
COMPLIANCE  WITH THE PROVISIONS OF SECTION ONE HUNDRED NINETY-SEVEN-C OF
THE NEW YORK CITY CHARTER, RELATING TO UNIFORM LAND  USE  REVIEW  PROCE-
DURE,  OR  THE PROVISIONS OF ANY OTHER LOCAL LAW OF THE CITY OF NEW YORK
RELATING THERETO;
  20. At the request or with the approval of the board of education,  to
grant, sell, license, lease or otherwise transfer without public auction
or bidding any real property or any rights or interests therein or ther-
eto,  including  fee  interests,  easements, space rights or air rights,
held by it and occupied or  reserved  for  school  purposes  and  needed
therefor, to a private individual or private or public corporation sole-

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

                                                           LBD01392-01-5

S. 120                              2

ly and exclusively for the purpose of developing and constructing there-
in or thereon a combined occupancy structure, or a part or portion ther-
eof,  or  for  the  purpose  of  rehabilitating or improving an existing
school to become part of a combined occupancy structure within the mean-
ing  of  this  article  subject  to  a  prior  and enforceable agreement
approved by the board of education for the reconveyance,  retransfer  or
leaseback  of  the  school portion thereof, upon completion, for use and
occupancy by the said board of education  in  those  instances  where  a
grant, sale or lease has been made to such private individual or private
or  public  corporation;  provided, however, that no such sale, lease or
transfer of lands or rights therein or thereto is authorized  where  the
development  of a combined occupancy structure contemplates the erection
of nonschool facilities or  improvements  over  an  existing  playground
unless  such  combined  occupancy  structure to be constructed over such
playground shall provide playground area at least equal in size  to  the
then  existing playground area; PROVIDED FURTHER, HOWEVER, THAT PRIOR TO
ANY GRANT, SALE, LICENSE, LEASE OR OTHER TRANSFER THERE  SHALL  BE  FULL
COMPLIANCE  WITH THE PROVISIONS OF SECTION ONE HUNDRED NINETY-SEVEN-C OF
THE NEW YORK CITY CHARTER, RELATING TO UNIFORM LAND  USE  REVIEW  PROCE-
DURE,  OR  THE PROVISIONS OF ANY OTHER LOCAL LAW OF THE CITY OF NEW YORK
RELATING THERETO;
  S 2. Section 471 of the education law, as added by chapter 999 of  the
laws of 1966, is amended to read as follows:
  S 471. Inconsistent  provisions  of other laws superseded.  Insofar as
the provisions of this article are inconsistent with the  provisions  of
any  other  general, special or local law, or with the provisions of any
charter or ordinance, the provisions of this article shall  be  control-
ling;  PROVIDED,  HOWEVER,  THAT  THE  PROVISIONS OF SECTION ONE HUNDRED
NINETY-SEVEN-C OF THE NEW YORK CITY CHARTER SHALL APPLY AS SPECIFIED  IN
SUBDIVISIONS ELEVEN AND TWENTY OF SECTION FOUR HUNDRED FIFTY-FOUR OF THE
EDUCATION  LAW; AND FURTHER PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN
ARTICLE TEN OF THE EDUCATION LAW SHALL IN ANY WAY SUPERSEDE THE REQUIRE-
MENTS REGARDING PARENTAL INVOLVEMENT AND THE POWERS AND  DUTIES  OF  THE
COMMUNITY  DISTRICT  EDUCATION  COUNCIL WITH RESPECT TO PROPOSED SIGNIF-
ICANT CHANGES IN  SCHOOL  UTILIZATION,  INCLUDING  BUT  NOT  LIMITED  TO
PHASE-OUT,  GRADE  RECONFIGURATION, RE-SITING OR CO-LOCATION OF SCHOOLS,
AND WHICH SHALL ALSO BE DEEMED TO INCLUDE THE  TEMPORARY  RELOCATION  OF
STUDENTS  THAT  WILL RESULT FROM ANY TRANSFER OF AN EXISTING SCHOOL SITE
TO A DEVELOPER FOR CONSTRUCTION OF A COMBINED OCCUPANCY STRUCTURE.   The
provisions  of  this  article shall not be deemed to prevent the city of
New York from financing the  cost  of  acquiring,  constructing,  recon-
structing,  rehabilitating  or improving one or more school buildings by
the issuance of bonds or capital notes pursuant  to  the  local  finance
law.
  S 3. This act shall take effect immediately.