S T A T E   O F   N E W   Y O R K
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                                  3993

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by  M. of A. BRENNAN, COLTON, PHEFFER, MAISEL -- Multi-Spon-
  sored by -- M. of A.  ABBATE, CLARK, DINOWITZ, FARRELL,  GLICK,  GOTT-
  FRIED, LANCMAN, ROBINSON -- read once and referred to the Committee on
  Cities

AN  ACT  to  amend  the  New York city charter, in relation to quorum at
  public hearings held by members of the city planning  commission  with
  respect to certain uniform land use review matters

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

  Section 1. Subdivision h of section 197-c of the New York  city  char-
ter,  as  amended by local law number 59 of the city of New York for the
year 1996, is amended to read as follows:
  h.  Not later than sixty days after expiration of time allowed for the
filing of a recommendation or waiver with the city  planning  commission
by  a  borough  president,  the  commission  shall approve, approve with
modifications, or disapprove the application.    Any  such  approval  or
approval with modifications of the commission shall require the affirma-
tive  vote of at least seven of the members, except that the affirmative
vote of nine members shall  be  required  to  approve  or  approve  with
modifications  an  application pursuant to paragraph five, ten or eleven
of subdivision a of this section relating to a new city facility if  the
affected  borough president recommends against approval of such applica-
tion pursuant to subdivision g of  this  section  and  has  proposed  an
alternative  location  in  the  same  borough for such new city facility
pursuant to subdivision f or g of section two hundred four.  The commis-
sion shall conduct a public hearing on all applications that are subject
to review and approval by the commission pursuant  to  this  section.  A
QUORUM  MUST  BE  PRESENT  AT  ALL TIMES DURING THE PUBLIC HEARING. IF A
QUORUM CEASES TO EXIST AT ANY TIME  DURING  SUCH  HEARING,  THE  HEARING
SHALL  CEASE  UNTIL  A  QUORUM IS RESTORED. THE REQUIREMENT FOR A PUBLIC
HEARING SHALL BE DEEMED NOT FULFILLED UNLESS A QUORUM BE PRESENT AT  ALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05430-01-1
              

A. 3993                             2

TIMES  THAT  SUCH  HEARING  IS  CONDUCTED. FOR THE PURPOSE OF THE PUBLIC
HEARING AND VOTE OF THE CITY PLANNING COMMISSION REQUIRED BY THIS SUBDI-
VISION, A QUORUM SHALL CONSIST OF A  MAJORITY  OF  THE  MEMBERS  OF  THE
COMMISSION.   Prior to taking any action pursuant to this subdivision on
a matter involving the siting of a capital  project,  the  sale,  lease,
exchange or other disposition or acquisition of real property, a request
for  a  proposal  or  other  solicitation for a franchise or a revocable
consent, the city planning commission  may  obtain  a  report  from  the
office  of  management and budget or the department of citywide adminis-
trative services, as appropriate.   Any  action  of  the  city  planning
commission which modifies or disapproves a written recommendation of the
community board, borough president or borough board shall be accompanied
by a written explanation of its reason for such action.
  S  2.    This act shall take effect immediately and shall apply to any
recommendation filed on or after such effective date.