S T A T E O F N E W Y O R K
________________________________________________________________________
4120
2009-2010 Regular Sessions
I N A S S E M B L Y
January 30, 2009
___________
Introduced by M. of A. BRENNAN, COLTON, PHEFFER, MAISEL -- Multi-Spon-
sored by -- M. of A. ABBATE, CLARK, DINOWITZ, FARRELL, GLICK, GOTT-
FRIED, GREENE, LANCMAN, NOLAN, ROBINSON -- read once and referred to
the Committee on Cities
AN ACT to amend the New York city charter, in relation to quorum at
public hearings held by members of the city planning commission with
respect to certain uniform land use review matters
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision h of section 197-c of the New York city char-
ter, as amended by local law number 59 of the city of New York for the
year 1996, is amended to read as follows:
h. Not later than sixty days after expiration of time allowed for the
filing of a recommendation or waiver with the city planning commission
by a borough president, the commission shall approve, approve with
modifications, or disapprove the application. Any such approval or
approval with modifications of the commission shall require the affirma-
tive vote of at least seven of the members, except that the affirmative
vote of nine members shall be required to approve or approve with
modifications an application pursuant to paragraph five, ten or eleven
of subdivision a of this section relating to a new city facility if the
affected borough president recommends against approval of such applica-
tion pursuant to subdivision g of this section and has proposed an
alternative location in the same borough for such new city facility
pursuant to subdivision f or g of section two hundred four. The commis-
sion shall conduct a public hearing on all applications that are subject
to review and approval by the commission pursuant to this section. A
QUORUM MUST BE PRESENT AT ALL TIMES DURING THE PUBLIC HEARING. IF A
QUORUM CEASES TO EXIST AT ANY TIME DURING SUCH HEARING, THE HEARING
SHALL CEASE UNTIL A QUORUM IS RESTORED. THE REQUIREMENT FOR A PUBLIC
HEARING SHALL BE DEEMED NOT FULFILLED UNLESS A QUORUM BE PRESENT AT ALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05040-01-9
A. 4120 2
TIMES THAT SUCH HEARING IS CONDUCTED. FOR THE PURPOSE OF THE PUBLIC
HEARING AND VOTE OF THE CITY PLANNING COMMISSION REQUIRED BY THIS SUBDI-
VISION, A QUORUM SHALL CONSIST OF A MAJORITY OF THE MEMBERS OF THE
COMMISSION. Prior to taking any action pursuant to this subdivision on
a matter involving the siting of a capital project, the sale, lease,
exchange or other disposition or acquisition of real property, a request
for a proposal or other solicitation for a franchise or a revocable
consent, the city planning commission may obtain a report from the
office of management and budget or the department of citywide adminis-
trative services, as appropriate. Any action of the city planning
commission which modifies or disapproves a written recommendation of the
community board, borough president or borough board shall be accompanied
by a written explanation of its reason for such action.
S 2. This act shall take effect immediately and shall apply to any
recommendation filed on or after such effective date.