S T A T E O F N E W Y O R K
________________________________________________________________________
952
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. McDONOUGH, ERRIGO -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to enacting the homeown-
er's detrimental reliance protection act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new article 39-A
to read as follows:
ARTICLE 39-A
HOMEOWNER'S DETRIMENTAL RELIANCE PROTECTION ACT
SECTION 893-A. SHORT TITLE.
893-B. LEGISLATIVE INTENT.
893-C. LAND USE PERMIT DISCLOSURE PUBLICATION.
893-D. STATE AGENCY COOPERATION.
893-E. NOTICE TO BUILDING PERMIT APPLICANTS.
S 893-A. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "HOMEOWNER'S DETRIMENTAL RELIANCE PROTECTION ACT".
S 893-B. LEGISLATIVE INTENT. THE PURPOSE OF THIS ARTICLE IS TO ADDRESS
SITUATIONS WHERE PERMIT APPLICANTS RELY ON A LOCAL BUILDING PERMIT AND
INFORMATION FROM THE LOCAL BUILDING PERMIT OFFICER, BUT LATER DISCOVER,
TO THEIR DETRIMENT, THAT THE PROJECT FOR WHICH THEY OBTAINED A BUILDING
PERMIT IS SUBJECT TO PERMIT JURISDICTION BY A STATE OR FEDERAL AGENCY.
S 893-C. LAND USE PERMIT DISCLOSURE PUBLICATION. 1. THE GOVERNOR'S
OFFICE OF REGULATORY REFORM SHALL PREPARE A PUBLICATION ENTITLED "STATE
AND FEDERAL AGENCIES HAVING JURISDICTION OVER BUILDING AND LAND USE
PROJECTS IN NEW YORK STATE." THE PUBLICATION SHALL CONTAIN A LIST OF
CONTACT NAMES, ADDRESSES, TELEPHONE NUMBERS AND A SHORT OUTLINE OF THE
DUTIES OF ALL STATE AND FEDERAL AGENCIES THAT HAVE JURISDICTION OVER
PROPOSED BUILDING AND LAND USE PROJECTS IN NEW YORK STATE, WHETHER
HAVING JURISDICTION OVER THE ENTIRE STATE OR OVER REGIONS OR AREAS OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01453-01-9
A. 952 2
THE STATE. THE PUBLICATION SHALL BE AVAILABLE IN PRINT FORM AND IN ELEC-
TRONIC FORM ON THE INTERNET.
2. THE PUBLICATION SHALL BE MAILED FREE OF CHARGE BY FIRST CLASS MAIL
WITHIN FIFTEEN DAYS OF RECEIPT OF REQUEST.
3. THE PUBLICATION SHALL BE UPDATED IF ANY NEW STATE OR FEDERAL AGENCY
SHALL HAVE ARISEN WITH JURISDICTION OVER PROJECTS IN NEW YORK STATE, OR
IF AN EXISTING STATE OR FEDERAL AGENCY HAS HAD A CHANGE IN JURISDICTION.
THE ELECTRONIC VERSION SHALL BE CONTINUOUSLY UPDATED BY UPDATING THE
ELECTRONIC VERSION AVAILABLE ON THE INTERNET. THE PRINT VERSION SHALL BE
UPDATED BY SUPPLEMENTING THE PRINTED VOLUME WITH AN UPDATE PAMPHLET.
THE PUBLICATION SHALL BE REVIEWED EVERY THREE YEARS AND REPRINTED IF THE
PUBLICATION HAS BEEN UPDATED BY SUPPLEMENT OR REQUIRES SUCH AN UPDATE.
S 893-D. STATE AGENCY COOPERATION. ALL STATE AGENCIES WHICH ISSUE
PERMITS FOR PROPOSED BUILDING OR LAND USE ACTIVITIES SHALL PROVIDE TO
THE GOVERNOR'S OFFICE OF REGULATORY REFORM, SUCH INFORMATION AS THE
OFFICE SHALL DEEM NECESSARY TO ACCOMPLISH THE PURPOSES OF THIS ARTICLE.
S 893-E. NOTICE TO BUILDING PERMIT APPLICANTS. EACH APPLICATION FOR A
TOWN, VILLAGE, CITY, OR COUNTY BUILDING PERMIT SHALL INCLUDE A CONCISE
AND PROMINENT NOTICE, DEVELOPED BY THE GOVERNOR'S OFFICE OF REGULATORY
REFORM, STATING THE AVAILABILITY OF THE PUBLICATION, INCLUDING THE
ADDRESS, PHONE NUMBER AND EMAIL ADDRESS FOR ORDERING A PRINTED COPY OF
THE PUBLICATION; AND THE WEBSITE ADDRESS FOR OBTAINING AN ELECTRONIC
COPY OF THE PUBLICATION. SUCH NOTICE SHALL BE INCORPORATED INTO OR PROM-
INENTLY ATTACHED THERETO THE PRINTED FORM OF EVERY TOWN, VILLAGE, CITY,
OR COUNTY BUILDING PERMIT APPLICATION. THE GOVERNOR'S OFFICE OF REGULA-
TORY REFORM SHALL PROVIDE NOTICE OF SUCH CLAUSE BY FIRST CLASS MAIL TO
EVERY TOWN, VILLAGE, CITY OR COUNTY BUILDING PERMIT OFFICE.
S 2. This act shall take effect one year after it shall have become a
law. Provided, however, that effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed to
be made and completed on or before such effective date; further provided
that the provisions of section 893-e of the executive law, as added by
section one of this act, shall take effect on the sixtieth day after it
shall have become a law.