S T A T E O F N E W Y O R K
________________________________________________________________________
6804
2009-2010 Regular Sessions
I N A S S E M B L Y
March 12, 2009
___________
Introduced by M. of A. BRENNAN, MILLMAN, ORTIZ -- Multi-Sponsored by --
M. of A. GLICK, GOTTFRIED, ROBINSON -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the New York city charter, in relation to the Atlantic
Yards arena and redevelopment project
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. It is the intent of the legislature to ensure that the
empire state development corporation abides by the rights of the citi-
zenry of the city of New York and the democratically enacted urban land
use procedure set forth in section 197-a of the New York city charter
and commonly known as the URLUP process with respect to the general
project plan approved and identified as the "Atlantic Yards arena and
redevelopment project" in a memorandum of understanding signed on Febru-
ary 18, 2005 in order that such project results in a vote of the city
council. Further, community boards 2, 6 and 8 within the borough of
Brooklyn requested in September 2004 that such Atlantic Yards project be
subject to the URLUP process.
S 2. Subdivision a of section 197-a of the New York city charter, as
amended by a vote of the people of the city of New York at the general
election held in November of 1989, is amended to read as follows:
a. Plans for the development, growth, and improvement of the city and
of its boroughs and community districts may be proposed by (1) the
mayor, (2) the city planning commission, (3) the department of city
planning, (4) a borough president with respect to land located within
his or her borough, (5) a borough board with respect to land located
within its borough, [or] (6) a community board with respect to land
located within its community district, OR (7) AN AGENCY OF THE STATE OF
NEW YORK SUBJECT TO THE CHAPTER OF THE LAWS OF TWO THOUSAND NINE WHICH
ADDED THIS PARAGRAPH. A community board, borough board or borough
president that proposes any such plan shall submit the plan together
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09791-01-9
A. 6804 2
with a written recommendation to the city planning commission for deter-
minations pursuant to subdivision b of this section. Any such
submission may be made by a community board, borough board or borough
president only after the board or borough president proposing such a
plan has held a public hearing on the plan.
S 3. The empire state development corporation shall cease and discon-
tinue all action in furtherance of the general project plan as approved
and identified as the "Atlantic Yards arena and redevelopment project"
in a memorandum of understanding signed on February 18, 2005, and submit
the plan as an expedited application to the city of New York for a
development project pursuant to the uniform land use review procedure
set forth in section 197-c of the New York city charter. Notwithstanding
the provisions of this section, the empire state development corporation
shall complete any outstanding contract where an immediate cessation or
discontinuance would constitute waste and shall be allowed to provide
information about the intended project at any public hearing or in
response to any written inquiry, subject to the provisions of the public
officers law.
S 4. The plans for the Atlantic Yards arena and redevelopment project
shall be submitted as an expedited application by the empire state
development corporation to the New York city planning commission by
August 15, 2009. The empire state development corporation shall provide
any further information requested by the city planning commission as
soon as is practicable after such request has been made, provided,
however, that the application shall be deemed complete for purposes of
the expedited review procedure provided by the provisions of this act no
later than September 15, 2009. Notwithstanding the time requirements set
forth in section 197-c of the New York city charter, such plans shall be
subject to and reviewed in accordance with such section. If there exists
insufficient information for the city council to take action, the
borough president, affected community board or boards or borough board
may take note of such facts.
S 5. Notwithstanding the time requirements set forth in section 197-c
of the New York city charter, the affected community board or boards
shall comply with the provisions of such section and submit its recom-
mendations to the city planning commission on or before October 15,
2009.
S 6. Notwithstanding the time requirements set forth in section 197-c
of the New York city charter, the borough board shall comply with the
provisions of such section and submit its recommendations to the city
planning commission on or before November 7, 2009.
S 7. Notwithstanding the time requirements set forth in section 197-c
of the New York city charter, the city planning commission shall submit
its recommendations to the city council on or before December 1, 2009.
S 8. Notwithstanding the time requirements set forth in section 197-c
of the New York city charter, the city council shall approve, disapprove
or amend the plans for the Atlantic Yards arena and redevelopment
project submitted by the empire state redevelopment corporation pursuant
to the provisions of this act on or before December 31, 2009.
S 9. This act shall take effect immediately.