senate Bill S3544A

2011-2012 Legislative Session

Provides that all governments and municipalities shall comply with all local, state and federal laws and rules in constructing or leasing facilities

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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 23, 2012 print number 3544a
amend and recommit to local government
Jan 04, 2012 referred to local government
Feb 25, 2011 referred to local government

Bill Amendments

Original
A (Active)
Original
A (Active)

S3544 - Bill Details

See Assembly Version of this Bill:
A7346A
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add §99-w, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S474, A3630

S3544 - Bill Texts

view summary

Provides that all governments and municipalities shall comply with all local, state and federal laws and rules in constructing or leasing facilities; defines the term "unit of government".

view sponsor memo
BILL NUMBER:S3544

TITLE OF BILL:
An act
to amend the general municipal law, in relation to land use compliance
for public construction projects

PURPOSE:
To require government units to comply with land use planning and zoning
laws with respect to the construction of public facilities.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the General Municipal Law by adding a new
section 99-v which requires any unit of government, or subsidiary
thereof, to comply with all local, state and federal laws, rules,
regulations and ordinances with respect
to a location or proposed location for
the construction, development, planning, siting, leasing, operating, or
ownership of any facility, building or any other construction which is
being located within the State.

The term "unit of government" is defined as the State of New York, a
county, city, town, village or any other political subdivision or civil
division of the State, a school district or any governmental entity
operating a public school, college or university, a public improvement
or special district, a public authority, commission, committee or public
benefit corporation,
or unit of government which exercises governmental
powers under the laws of the State.

JUSTIFICATION:
The need for land use and environmental review of proposed construction
of public facilities is obvious. These reviews provide an opportunity for
communities to gain and give valuable insight and input on the
appropriation of public funds and the use of property within the
community.
Currently, although municipalities are required to comply with land use
review procedures, entities performing a governmental function with
public funds, such as authorities, are not required to subject
themselves to such procedures. Consequently, the check provided by the
community is being circumvented.
This bill would restore the checks and balances of community input and
review for all public construction being performed by governmental
units.

PRIOR LEGISLATIVE HISTORY:
2010: S.474 - Referred to Local Government/A.3630 - Referred to
Local Governments
2009: S.474 - Referred to Local Government/A.3630 - Referred t0
Local Governments
2008: S.3037 - Referred to Local Government/A.2448 - Referred to
Local Governments
2007: S.3037 - Referred to Local Government/A.2448 - Referred to
Local Governments
2006: S.3634 - Referred to Local Government/A.6728 - Referred to
Local Governments


2005: S.3634 - Referred to Local Government/A.6728 - Referred to
Local Governments
2003: A.4515 - Referred to Local Governments
2000: S.7271 - Referred to Local Government/A.10257 - Reported
to Rules

FISCAL IMPACT:
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
________________________________________________________________________

                                  3544

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 25, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal  law,  in  relation  to  land  use
  compliance for public construction projects

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

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 99-v to read as follows:
  S  99-V.  LAND  USE PLANNING; COMPLIANCE. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, ANY UNIT OF GOVERNMENT, OR SUBSIDIARY THEREOF,  SHALL,
WITH  RESPECT TO  THE CONSTRUCTION, DEVELOPMENT, PLANNING, SITING, LEAS-
ING, OPERATING OR OWNERSHIP OF  ANY  FACILITY,  BUILDING  OR  ANY  OTHER
CONSTRUCTION  WHICH  IS  LOCATED  OR  PROPOSED  TO BE LOCATED WITHIN THE
STATE, COMPLY WITH ALL LOCAL, STATE AND FEDERAL LAWS, RULES, REGULATIONS
AND ORDINANCES WITH RESPECT TO LAND USE PLANNING AND  REVIEW  OR  ZONING
APPLICABLE TO SUCH LOCATION OR PROPOSED LOCATION.
  2.  FOR  PURPOSES OF THIS SECTION, THE TERM "UNIT OF GOVERNMENT" SHALL
MEAN THE STATE, A COUNTY, CITY, TOWN, VILLAGE  OR  ANY  OTHER  POLITICAL
SUBDIVISION  OR  CIVIL  DIVISION  OF THE STATE, A SCHOOL DISTRICT OR ANY
GOVERNMENTAL ENTITY OPERATING A PUBLIC SCHOOL, COLLEGE OR UNIVERSITY,  A
PUBLIC  IMPROVEMENT OR SPECIAL DISTRICT, A PUBLIC AUTHORITY, COMMISSION,
COMMITTEE OR PUBLIC BENEFIT CORPORATION,  OR  ANY  OTHER  PUBLIC  CORPO-
RATION,  AGENCY OR INSTRUMENTALITY OR UNIT OF GOVERNMENT WHICH EXERCISES
GOVERNMENTAL POWERS UNDER THE LAWS OF THE STATE.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01941-01-1

S3544A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7346A
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add §99-w, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S474, A3630

S3544A (ACTIVE) - Bill Texts

view summary

Provides that all governments and municipalities shall comply with all local, state and federal laws and rules in constructing or leasing facilities; defines the term "unit of government".

view sponsor memo
BILL NUMBER:S3544A

TITLE OF BILL:
An act
to amend the general municipal law, in relation to land use compliance
for public construction projects

PURPOSE:
To require government units to comply with land use planning and
zoning laws with respect to the construction of public facilities.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the General Municipal Law by adding a new
section 99-W which requires any unit of government, or subsidiary
there-of, to comply with all local, state and federal laws, rules,
regulations and ordinances with respect to a location or proposed
location for the construction, development, planning, citing,
leasing, operating, or ownership of any facility, building or any
other construction which is being located within the State.

The term "unit of government" is defined as the State of New York, a
county, city, town, village or any other political subdivision or
civil division of the State, a school district or any governmental
entity operating a public school, college or university, a public
improvement or special district, a public authority, commission,
committee or public benefit corporation, or unit of government which
exercises governmental powers under the laws of the State.

JUSTIFICATION:
The need for land use and environmental review of proposed
construction of public facilities is obvious.
These reviews provide an opportunity for communities to gain and give
valuable insight and input on the appropriation of public funds and
the use of property within the community. Currently, although
municipalities are required to comply with land use review
procedures, entities performing a governmental function with public
funds, such as authorities, are not required to subject themselves to
such procedures. Consequently, the check provided by the community is
being circumvented. This bill would restore the checks and balances
of community input and review for all public construction being
performed by governmental units.

PRIOR LEGISLATIVE HISTORY:
2011: S.3544 Referred to Local Governments/A.7346 -
Referred to Local Government
2010: S.474 Referred to Local Government/A.3630 -
Referred to Local Governments
2009: S.474 Referred to Local Government/A.3630 -
Referred to Local Governments
2008: S.3037 Referred to Local Government/A.2448 -

Referred to Local Governments
2007: S.3037 Referred to Local Government/A.2448 -
Referred to Local Governments
2006: S.3634 Referred to Local Government/A.6728 -
Referred to Local Governments
2005: S.3634 Referred to Local Government/A.6728 -
Referred to Local Governments
2003: A.4515 Referred to Local Governments
2000: S.7271 Referred to Local Government/A.10257 -
Reported to Rules

FISCAL IMPACT:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3544--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 25, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general municipal  law,  in  relation  to  land  use
  compliance for public construction projects

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

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 99-w to read as follows:
  S  99-W.  LAND  USE PLANNING; COMPLIANCE. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, ANY UNIT OF GOVERNMENT, OR SUBSIDIARY THEREOF,  SHALL,
WITH  RESPECT TO  THE CONSTRUCTION, DEVELOPMENT, PLANNING, SITING, LEAS-
ING, OPERATING OR OWNERSHIP OF  ANY  FACILITY,  BUILDING  OR  ANY  OTHER
CONSTRUCTION  WHICH  IS  LOCATED  OR  PROPOSED  TO BE LOCATED WITHIN THE
STATE, COMPLY WITH ALL LOCAL, STATE AND FEDERAL LAWS, RULES, REGULATIONS
AND ORDINANCES WITH RESPECT TO LAND USE PLANNING AND  REVIEW  OR  ZONING
APPLICABLE TO SUCH LOCATION OR PROPOSED LOCATION.
  2.  FOR  PURPOSES OF THIS SECTION, THE TERM "UNIT OF GOVERNMENT" SHALL
MEAN THE STATE, A COUNTY, CITY, TOWN, VILLAGE  OR  ANY  OTHER  POLITICAL
SUBDIVISION  OR  CIVIL  DIVISION  OF THE STATE, A SCHOOL DISTRICT OR ANY
GOVERNMENTAL ENTITY OPERATING A PUBLIC SCHOOL, COLLEGE OR UNIVERSITY,  A
PUBLIC  IMPROVEMENT OR SPECIAL DISTRICT, A PUBLIC AUTHORITY, COMMISSION,
COMMITTEE OR PUBLIC BENEFIT CORPORATION,  OR  ANY  OTHER  PUBLIC  CORPO-
RATION,  AGENCY OR INSTRUMENTALITY OR UNIT OF GOVERNMENT WHICH EXERCISES
GOVERNMENTAL POWERS UNDER THE LAWS OF THE STATE.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01941-02-2

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