Assembly Bill A1865A

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

                                 1865--A
                                                        Cal. No. 684

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced by M. of A. NOLAN, ESPAILLAT -- read once and referred to the
  Committee  on  Education  --  passed  by Assembly and delivered to the
  Senate, recalled from the Senate,  vote  reconsidered,  bill  amended,
  ordered reprinted, retaining its place on the order of third reading

AN  ACT  to  amend  the  public  authorities  law, in relation to siting
  requirements for the New York  city  school  construction  authority's
  leasing program

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

  Section 1. Subdivision 1 of section 1731  of  the  public  authorities
law,  as added by chapter 738 of the laws of 1988, is amended to read as
follows:
  1. Prior to the commencing of new construction or  building  additions
of  an  educational facility, or the acquisition of real property or any
interest therein for such purpose, INCLUDING THE LEASING OF ANY BUILDING
OR PROPERTY, the authority shall file a copy of the site  plan  of  such
facility  in  its  offices  and shall provide a copy thereof to the city
board, the city planning commission and the community school  board  and
community  board  of the district in which the facility will be located.
Upon request, any other person shall be furnished with such  plan  or  a
summary  thereof.  The authority shall publish in a newspaper of general
circulation in the city a notice of the filing  of  such  plan  and  the
availability of the plan and a summary thereof. Such plan shall include,
in the case of any project for which the acquisition of real property or
interest  therein is proposed, the recommended site, any alternate sites
considered, and any rationale as to why the  alternate  sites  were  not
selected.
  S 2. Section 1731 of the public authorities law is amended by adding a
new subdivision 6 to read as follows:
  6.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO SHORT-TERM LEAS-
ES. FOR PURPOSES OF THIS SECTION, A SHORT-TERM LEASE SHALL BE DEFINED AS

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

                                                           LBD01395-02-0

A. 1865--A                          2

ANY LEASE WITH A DURATION OF TWELVE MONTHS OR LESS. FOR SHORT-TERM LEAS-
ES WITH AN OPTION TO RENEW THAT WOULD  EXTEND  THE  TOTAL  LEASE  PERIOD
BEYOND TWELVE MONTHS, THE REQUIREMENTS OF THIS SECTION MUST BE MET PRIOR
TO EXERCISING THE RENEWAL OPTION.
  S  3.  Subdivision 1 of section 1732 of the public authorities law, as
amended by chapter 562 of the laws  of  1990,  is  amended  to  read  as
follows:
  1.  Following  the hearings held pursuant to section seventeen hundred
thirty-one of this title, but prior to initiating  construction  of  new
educational facilities, OR PRIOR TO LEASING ANY BUILDING OR PROPERTY FOR
SUCH  PURPOSE, the authority shall submit the site plan of such projects
to the mayor and the council for review, provided,  however,  that  such
review shall be limited to the site selected for the project.
  S 4. Section 1732 of the public authorities law is amended by adding a
new subdivision 5 to read as follows:
  5.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO SHORT-TERM LEAS-
ES. FOR PURPOSES OF THIS SECTION, A SHORT-TERM LEASE SHALL BE DEFINED AS
ANY LEASE WITH A DURATION OF TWELVE MONTHS OR LESS. FOR SHORT-TERM LEAS-
ES WITH AN OPTION TO RENEW THAT WOULD  EXTEND  THE  TOTAL  LEASE  PERIOD
BEYOND TWELVE MONTHS, THE REQUIREMENTS OF THIS SECTION MUST BE MET PRIOR
TO EXERCISING THE RENEWAL OPTION.
  S 5. This act shall take effect immediately.