senate Bill S3438

2011-2012 Legislative Session

Relates to siting requirements for the New York city school construction authority's leasing program

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to corporations, authorities and commissions
Feb 22, 2011 referred to corporations, authorities and commissions

S3438 - Bill Details

See Assembly Version of this Bill:
A1762
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Public Authorities Law
Laws Affected:
Amd ยงยง1731 & 1732, Pub Auth L
Versions Introduced in 2009-2010 Legislative Session:
S1354, A1865

S3438 - Bill Texts

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Relates to siting requirements for the New York city school construction authority's leasing program.

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BILL NUMBER:S3438

TITLE OF BILL:
An act
to amend the public authorities law, in relation to siting requirements
for the New York city school construction authority's leasing program

PURPOSE OR GENERAL IDEA OF BILL:
The School Construction Authority's
leasing program does not follow some of the important procedural
steps that are required with new school construction. These
provisions help protect the health of our children. This bill
clarifies the School Construction Authority's responsibilities.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 clarifies that the School
Construction Authority are required to submit site plans whenever
they lease property for a school, as they already do when they buy or
build such property, except for certain, specified short-term leases.

JUSTIFICATION:
In 1997 the School Construction Authority spent
millions leasing and renovating a dry cleaning factory as a site for
school children. The school had to be abandoned, and those millions
were wasted, as it was discovered that the children were being
exposed to hazardous chemical fumes site plans, which enable
community notice and environmental review, provide an opportunity to
avoid such mishaps.

The SCA is currently planning to lease Over 30 existing buildings
across New York City. In the past, schools have been sited on
contaminated properties Exposure to toxic chemicals can lead to
behavioral problems, teaming disabilities and decreased I.Q. for
children. Whether a building is leased or newly constructed,
environmental hazards can pose serious risks to a school's occupants.

PRIOR LEGISLATIVE HISTORY:
A.8838/S.7127 of 2007-2008
A.1865/S.1354 of 2009-2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  3438

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 22, 2011
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN  ACT  to  amend  the  public  authorities  law, in relation to siting
  requirements for the New York  city  school  construction  authority's
  leasing program

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

  Section 1. Subdivision 1 of section 1731  of  the  public  authorities
law,  as added by chapter 738 of the laws of 1988, is amended to read as
follows:
  1. Prior to the commencing of new construction or  building  additions
of  an  educational facility, or the acquisition of real property or any
interest therein for such purpose, INCLUDING THE LEASING OF ANY BUILDING
OR PROPERTY, the authority shall file a copy of the site  plan  of  such
facility  in  its  offices  and shall provide a copy thereof to the city
board, the city planning commission and the community school  board  and
community  board  of the district in which the facility will be located.
Upon request, any other person shall be furnished with such  plan  or  a
summary  thereof.  The authority shall publish in a newspaper of general
circulation in the city a notice of the filing  of  such  plan  and  the
availability of the plan and a summary thereof. Such plan shall include,
in the case of any project for which the acquisition of real property or
interest  therein is proposed, the recommended site, any alternate sites
considered, and any rationale as to why the  alternate  sites  were  not
selected.
  S  2.  Subdivision 1 of section 1732 of the public authorities law, as
amended by chapter 562 of the laws  of  1990,  is  amended  to  read  as
follows:
  1.  Following  the hearings held pursuant to section seventeen hundred
thirty-one of this title, but prior to initiating  construction  of  new

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05587-01-1

S. 3438                             2

educational facilities, OR PRIOR TO LEASING ANY BUILDING OR PROPERTY FOR
SUCH  PURPOSE, the authority shall submit the site plan of such projects
to the mayor and the council for review, provided,  however,  that  such
review shall be limited to the site selected for the project.
  S 3. This act shall take effect immediately.

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