S T A T E   O F   N E W   Y O R K
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                                  4541

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

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

AN ACT to amend the executive law, in relation to establishing  criteria
  for  the  location  of state facilities in cities with a population of
  one million or more

  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 41-A
to read as follows:
                              ARTICLE 41-A
                 LOCATION OF STATE FACILITIES IN CITIES
                WITH A POPULATION OF ONE MILLION OR MORE
SECTION 908-A. SHORT TITLE.
        908-B. DEFINITIONS.
        908-C. PROCESS FOR SITING STATE FACILITIES  IN  A  CITY  WITH  A
                 POPULATION OF ONE MILLION OR MORE.
        908-D. CRITERIA  FOR  SITING  STATE  FACILITIES IN A CITY WITH A
                 POPULATION OF ONE MILLION OR MORE.
        908-E. STATE RESPONSE.
  S 908-A. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED  AS
THE "COMMUNITY NOTIFICATION AND EMPOWERMENT ACT".
  S  908-B.  DEFINITIONS.  WHEN USED IN THIS ARTICLE THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "STATE FACILITY" SHALL MEAN ANY FACILITY, EXCEPT FACILITIES SUBJECT
TO REAL PROPERTY TAX EXEMPTION OR  TAX  ABATEMENTS  UNDER  SECTION  FOUR
HUNDRED EIGHTY-NINE OF THE REAL PROPERTY TAX LAW, THAT MEETS THE FOLLOW-
ING CRITERIA:
  (A) THE FACILITY PROVIDES STATE SERVICES; AND
  (B)  THE FACILITY CONSISTS OF PROPERTY CONTAINING TWENTY-FIVE THOUSAND
SQUARE FEET OR MORE; AND
  (C) (1) THE PROPERTY IS OWNED OR LEASED BY THE STATE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00229-01-9
              

S. 4541                             2

  (2) THE FACILITY RECEIVES AT LEAST FIFTY PERCENT OF ITS ANNUAL REVENUE
FROM THE STATE; AND
  (3)  THE  FACILITY TO BE SITED RECEIVES THREE HUNDRED THOUSAND DOLLARS
OR MORE FROM THE STATE PER ANNUM.
  HOWEVER, THE DEFINITIONS OF "STATE FACILITY" SET FORTH IN THIS  SUBDI-
VISION  SHALL  NOT  INCLUDE  SPACE USED OR TO BE USED FOR ADMINISTRATIVE
OFFICES OR DATA PROCESSING OR CLASS ROOM INSTRUCTION OR CHILD  DAY  CARE
CENTERS OR CASE MANAGEMENT OR OUTPATIENT HEALTH CARE SERVICES OR NON-RE-
SIDENTIAL  SOCIAL SERVICES OR FACILITIES SUBJECT PURSUANT TO TAX CREDITS
IN SECTION 42 OF THE INTERNAL REVENUE CODE OR THE USE  OR  USES  CONTEM-
PLATED  BY  SECTION  41.34  OF THE MENTAL HYGIENE LAW OR THE USE OR USES
CONTEMPLATED BY ARTICLE SIX-A OF THE SOCIAL SERVICES LAW OR THE  USE  OR
USES  GOVERNED  BY THE LAND USE REVIEW SECTIONS OF THE CHARTER OF A CITY
WITH A POPULATION OF ONE MILLION OR MORE SO THAT THE PROVISIONS OF  THIS
ARTICLE  SHALL  NOT  BE  DEEMED TO SUPERSEDE OTHERWISE APPLICABLE SITING
PROCEDURES EXISTING BY LAW, RULE OR REGULATION.
  2. "EXPANSION OF A STATE FACILITY" SHALL MEAN  THE  ADDITION  OF  REAL
PROPERTY  BY  PURCHASE,  LEASE  OR  OTHERWISE, OR THE CONSTRUCTION OF AN
ENLARGEMENT, WHICH WOULD EXPAND THE LOT AREA OR FLOOR AREA  OF  A  STATE
FACILITY  BY  TWENTY-FIVE  PERCENT  OR MORE AND BY AT LEAST FIVE HUNDRED
SQUARE FEET.
  S 908-C. PROCESS FOR SITING STATE FACILITIES IN A CITY  WITH  A  POPU-
LATION  OF  ONE MILLION OR MORE. NOT LESS THAN THIRTY-FIVE DAYS PRIOR TO
SIGNING A LEASE FOR AN OPENING OR THE EXPANSION OF A STATE FACILITY IN A
CITY WITH A POPULATION OF ONE MILLION OR MORE, OR NOT LESS THAN  FIFTEEN
DAYS  PRIOR  TO  CONSTRUCTION  FOR  THE  OPENING OR EXPANSION OF A STATE
FACILITY IN A CITY WITH A POPULATION OR ONE MILLION OR MORE, THE  ENTITY
PROPOSING  SUCH  SHALL SUBMIT A WRITTEN NOTICE, NOT TO EXCEED TEN PAGES,
REGARDING SUCH PROPOSED ACTION, CONSIDERING AND SETTING FORTH THE AVAIL-
ABILITY OF OTHER LOCATIONS FOR SUCH FACILITY  TO  THE  COMMUNITY  BOARD,
THE  CITY  PLANNING COMMISSION, THE CITY COUNCIL MEMBER REPRESENTING THE
AREA WITHIN WHICH THE FACILITY IS PROPOSED TO BE OPENED OR EXPANDED, THE
PRESIDENT OF THE BOROUGH WITHIN WHICH THE FACILITY  IS  PROPOSED  TO  BE
OPENED  OR EXPANDED, AND THE STATE SENATOR AND ASSEMBLYPERSON REPRESENT-
ING THE AREA WITHIN WHICH THE FACILITY  IS  PROPOSED  TO  BE  OPENED  OR
EXPANDED.    FURTHER,  SUCH  WRITTEN  NOTICE SHALL SET FORTH INFORMATION
AVAILABLE TO THE STATE AGENCY OR STATE FACILITY THAT DESCRIBES: (A)  THE
PURPOSE  OF THE PROPOSED FACILITY; (B) THE LOCATIONS BEING CONSIDERED AS
SITES FOR THE FACILITY; (C) THE SERVICES TO BE PROVIDED AT THE FACILITY;
(D) THE PROPOSED HOURS OF OPERATION OF THE FACILITY;  (E)  THE  EXPECTED
IMPACT  OF SUCH FACILITY ON THE AREA SURROUNDING THE FACILITY, INCLUDING
BUT NOT LIMITED TO  NOISE,  TRAFFIC,  PARKING,  AND  NUMBER  OF  PERSONS
EXPECTED  TO BE EMPLOYED OR HOUSED AT THE SITE OF THE FACILITY; AND SUCH
OTHER INFORMATION MAY INCLUDE FOR THE  CITY  PLANNING  COMMISSION,  CITY
COUNCIL  MEMBER,  STATE  SENATOR, ASSEMBLYPERSON, BOROUGH PRESIDENT, AND
COMMUNITY BOARD TO CONDUCT A REVIEW OF THE PROPOSED FACILITY PURSUANT TO
THE CRITERIA SET FORTH IN SECTION NINE HUNDRED EIGHT-D OF THIS  ARTICLE.
SUCH  COMMUNITY  BOARD,  CITY  COUNCIL MEMBER, CITY PLANNING COMMISSION,
STATE SENATOR, ASSEMBLYPERSON, AND BOROUGH PRESIDENT MAY REVIEW AND MAKE
RECOMMENDATIONS NOT TO EXCEED TEN PAGES, BASED UPON SUCH WRITTEN  NOTICE
BY  THE  ENTITY PROPOSING THE OPENING, EXPANSION OR REDUCTION OF A STATE
FACILITY WITHIN SIXTY DAYS OF RECEIPT THEREOF.   ANY  RECOMMENDATION  BY
SUCH  COMMUNITY  BOARD, CITY COUNCIL MEMBER, STATE SENATOR, ASSEMBLYPER-
SON, BOROUGH PRESIDENT, OR CITY PLANNING COMMISSION OF SUCH CITY MAY  BE
SUBMITTED TO THE ENTITY PROPOSING THE OPENING, EXPANSION OR REDUCTION OF
A STATE FACILITY.

S. 4541                             3

  S  908-D.  CRITERIA FOR SITING STATE FACILITIES IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE. IN ADDITION TO ANY CRITERIA  REQUIRED  OR
PERMITTED  BY  ANY OTHER LAW, RULE OR REGULATION, THE FOLLOWING CRITERIA
MAY BE CONSIDERED BY THE COMMUNITY BOARD,  CITY  COUNCIL  MEMBER,  STATE
SENATOR, ASSEMBLYPERSON, BOROUGH PRESIDENT, AND CITY PLANNING COMMISSION
IN REVIEWING NOTICES FOR THE SITING OF A STATE FACILITY IN A CITY WITH A
POPULATION OF ONE MILLION OR MORE:
  1. THE COMPATIBILITY OF THE PROPOSED FACILITY WITH EXISTING FACILITIES
AND PROGRAMS, BOTH STATE AND NON-STATE, IN THE IMMEDIATE VICINITY OF THE
PROPOSED SITE;
  2.  THE  EXTENT  TO  WHICH  NEIGHBORHOOD  CHARACTER WOULD BE ADVERSELY
AFFECTED BY A CONCENTRATION OF STATE AND/OR NON-STATE FACILITIES;
  3. THE SUITABILITY OF THE SITE TO PROVIDE COST-EFFECTIVE  DELIVERY  OF
THE  INTENDED  SERVICES,  INCLUDING THE CONVENIENCE OF THE PROPOSED SITE
FOR THE POPULATION INTENDED TO BE SERVED BY THE PROPOSED SERVICE; AND
  4. CONSISTENCY WITH ANY LAND USE PLANS ADOPTED FOR THE AFFECTED AREA.
  S 908-E. STATE RESPONSE. IF THE ENTITY PROPOSING THE OPENING OR EXPAN-
SION OF A STATE FACILITY IN A CITY WITH A POPULATION OF ONE  MILLION  OR
MORE  CHOOSES  TO  ACT  IN  A MANNER INCONSISTENT WITH ANY OR ALL OF THE
RECOMMENDATIONS GIVEN PURSUANT TO SECTION NINE HUNDRED EIGHT-C  OF  THIS
ARTICLE BY ANY OF THE PERSONS OR ENTITIES AUTHORIZED TO MAKE RECOMMENDA-
TIONS BY SUCH SECTION, SUCH ENTITY PROPOSING THE OPENING OR EXPANSION OF
A  STATE  FACILITY  SHALL ISSUE A WRITTEN REPORT EXPLAINING SUCH ACTIONS
AND THE REASONS WHY THE ACTIONS WERE TAKEN INSTEAD OF THE ACTIONS RECOM-
MENDED PURSUANT TO SECTION NINE HUNDRED EIGHT-C OF THIS ARTICLE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.