NY State Senate Bill 2015-S2415

Senate Bill S2415

Vetoed By Governor

2015-2016 Legislative Session

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

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Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 26, 2015	vetoed memo.214
Oct 14, 2015	delivered to governor
Jun 25, 2015	returned to senate passed assembly
May 28, 2015	ordered to third reading cal.450 substituted for a7416
May 27, 2015	referred to corporations, authorities and commissions delivered to assembly passed senate
Apr 29, 2015	advanced to third reading
Apr 28, 2015	2nd report cal.
Apr 27, 2015	1st report cal.429
Jan 23, 2015	referred to corporations, authorities and commissions

Votes

- May 27, 2015 - Floor Vote
  S2415
  
  58
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 27, 2015
      
      aye (58)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (2)
      
      Croci
      
      Martins
      
      excused (3)
      
      Diaz
      
      Hassell-Thompson
      
      Libous
  Apr 27, 2015 - Corporations, Authorities And Commissions Committee Vote
  S2415
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: Apr 27, 2015
      
      aye (7)
      
      Flanagan
      
      Larkin
      
      Martins
      
      Ortt
      
      Perkins
      
      Ranzenhofer
      
      Squadron

co-Sponsors

View additional co-sponsors

2015-S2415 (ACTIVE) - Details

See Assembly Version of this Bill:: A7416
Law Section:: New York State Urban Development Corporation Act
Laws Affected:: Amd §§6, 8, 14 & 16, UDC Act
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7384, A9798
2017-2018: S7912, A3749, A9993
2019-2020: S1875, A2115
2021-2022: S2940
2023-2024: S791

2015-S2415 (ACTIVE) - Summary

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

2015-S2415 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2415

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 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. The current ten day window is a substantial
contributor to this disconcerting phenomenon. 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. Ensuring that
the general public, communities and specifically affected parties have
thirty days to actually learn of public hearings-and subsequently
mobilize, deliberate, draft and execute meaningful public
participation (in the form of comments, testimony and proposed
alternative considerations) in situations that have direct
consequences for their lives is a step forward in terms of
transparency, accountability and good governance.

LEGISLATIVE HISTORY:

05/14/14 REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

05/28/14 1ST REPORT CAL.983
05/29/14 2ND REPORT CAL.
06/02/14 ADVANCED TO THIRD READING
06/19/14 SUBSTITUTED BY A9798
A09798 Brennan
05/22/14 referred to corporations, authorities and commissions
06/03/14 reported referred to ways and means
06/10/14 reported referred to rules
06/11/14 reported
06/11/14 rules report cal.223
06/11/14 ordered to third reading rules cal.223
06/16/14 passed assembly
06/16/14 delivered to senate
06/16/14 REFERRED TO RULES
06/19/14 SUBSTITUTED FOR S7384
06/19/14 3RD READING CAL.983
06/19/14 PASSED SENATE
06/19/14 RETURNED TO ASSEMBLY
11/10/14 delivered to governor
11/21/14 vetoed memo.507
11/21/14 tabled

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

2015-S2415 (ACTIVE) - Bill Text download pdf

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

                                  2415

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 23, 2015
                               ___________

Introduced by Sens. PERKINS, AVELLA, HOYLMAN, KRUEGER, MONTGOMERY, PARK-
  ER,  SAMPSON -- read twice and ordered printed, and when printed to be
  committed to the Committee on Corporations,  Authorities  and  Commis-
  sions

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06951-01-5

S. 2415                             2

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
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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Senate Bill S2415

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Sponsored By

Bill Perkins

Archive: Last Bill Status - Vetoed by Governor

co-Sponsors

Tony Avella

Brad Hoylman-Sigal

Liz Krueger

Velmanette Montgomery

2015-S2415 (ACTIVE) - Details

2015-S2415 (ACTIVE) - Summary

2015-S2415 (ACTIVE) - Sponsor Memo

2015-S2415 (ACTIVE) - Bill Text download pdf

Comments