Senate Bill S4120

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

                                  4120

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 13, 2009
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Cities

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
with a written recommendation to the city planning commission for deter-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09791-01-9
              

S. 4120                             2

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.