senate Bill S821

2011-2012 Legislative Session

Makes residential facilities controlled by state agencies subject to local site plan review

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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
Jun 21, 2012 committed to rules
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1085
Jan 04, 2012 referred to cities
Feb 14, 2011 reported and committed to finance
Jan 05, 2011 referred to cities

Votes

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Jun 5, 2012 - Cities committee Vote

S821
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Cities Committee Vote: Jun 5, 2012

Feb 14, 2011 - Cities committee Vote

S821
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Cities Committee Vote: Feb 14, 2011

Co-Sponsors

S821 - Bill Details

See Assembly Version of this Bill:
A524
Current Committee:
Senate Rules
Law Section:
General City Law
Laws Affected:
Amd §27-a, Gen City L; amd §274-a, Town L; amd §7-725-a, Vil L
Versions Introduced in 2009-2010 Legislative Session:
S4073, A7821

S821 - Bill Texts

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Makes residential facilities controlled by state agencies subject to local site plan review.

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BILL NUMBER:S821

TITLE OF BILL:
An act
to amend the general city law, the town law and the village law, in
relation to making residential facilities
of state agencies subject to local site plan
review

PURPOSE:
To ensure that all state owned residential facilities go through the
local site plan review process in order to ensure the facility's
floor plans are on file with the local government.

SUMMARY OF PROVISIONS:
Section one: amends section 27-a of the general city law by adding a
new subdivision 1-a, to waive the state's immunity with regard to
site plan review for its residential facilities. Every state agency
must submit a site plan for each residential parcel under its control.

Section two: amends section 274-a of the town law by adding a new
subdivision 1-a, to waive the state's immunity with regard to site
plan review for its residential facilities. Every state agency must
submit a site plan for each residential parcel under its control.

Section three: amends section 7 -725-a of the village law by adding a
new subdivision 1-a, to waive the state's immunity with regard to
site plan review for its residential facilities. Every state agency
must submit a site plan for each residential parcel under its control.

Section four: provides that within 90 days of the effective date of
this act each state agency which has constructed a residential
facility upon any parcel of land under its control prior to the
effective date of this act shall submit a site plan for such parcel
to the appropriate city, town or village.

Section five: contains effective date.

EXISTING LAW:
New York State has sovereign immunity with respect to local laws.

JUSTIFICATION:
On March 21, 2009, a tragic fire broke out at the State's Riverview IRA
group home. Four residents lost their lives in the fire, the cause of
which is still under investigation.

One of the issues that has come out of this tragedy is the fact that
the State did not need a local building permit and did not have to
file their floor plans with the town. Having the floor plans on
facilities would most certainly assist first responders in their
decisions on how best to evacuate occupants and fight fires.
Involving the local building inspectors in these projects only makes
sense and would add an additional set of eyes to ensure the safety of
the building.


The State's immunity with respect to local site plan review should be
waived to ensure the health and safety of those who live and work in
these residential facilities.

LEGISLATIVE HISTORY:
2009-10: S.4073 Finance; A.7821 Local Governments

FISCAL IMPLICATIONS:
To be determined

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

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

    S. 821                                                    A. 524

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Cities

IN ASSEMBLY -- Introduced by M. of A. SAYWARD,  FINCH,  HAWLEY,  CROUCH,
  CASTRO,  CALHOUN,  CORWIN,  DUPREY  --  Multi-Sponsored by -- M. of A.
  BURLING, DESTITO, GALEF, GIGLIO, JORDAN, KOLB, P. LOPEZ, MAGEE,  McDO-
  NOUGH,  O'DONNELL, REILLY, WEISENBERG -- read once and referred to the
  Committee on Local Governments

AN ACT to amend the general city law, the town law and the village  law,
  in relation to making residential facilities of state agencies subject
  to local site plan review

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

  Section 1. Section 27-a of the general city law is amended by adding a
new subdivision 1-a to read as follows:
  1-A. WAIVER OF STATE IMMUNITY. THE STATE HEREBY  WAIVES  ITS  IMMUNITY
FROM  LIABILITY  FOR  THE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION
SOLELY WITH REGARD TO RESIDENTIAL FACILITIES.  EVERY STATE AGENCY  SHALL
SUBMIT  A SITE PLAN FOR EACH PARCEL OF LAND UNDER ITS CONTROL UPON WHICH
A RESIDENTIAL FACILITY IS TO BE  OR  HAS  BEEN  CONSTRUCTED.    FOR  THE
PURPOSES  OF  THIS SECTION, "STATE AGENCY" MEANS ANY DEPARTMENT, BUREAU,
COMMISSION, BOARD, PUBLIC  AUTHORITY  OR  OTHER  AGENCY  OF  THE  STATE,
INCLUDING  ANY  PUBLIC  BENEFIT CORPORATION ANY MEMBER OF WHOSE BOARD IS
APPOINTED BY THE GOVERNOR.
  S 2. Section 274-a of the town law is amended by adding a new subdivi-
sion 1-a to read as follows:
  1-A. WAIVER OF STATE IMMUNITY. THE STATE HEREBY  WAIVES  ITS  IMMUNITY
FROM  LIABILITY  FOR  THE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION
SOLELY WITH REGARD TO RESIDENTIAL FACILITIES.  EVERY STATE AGENCY  SHALL
SUBMIT  A SITE PLAN FOR EACH PARCEL OF LAND UNDER ITS CONTROL UPON WHICH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01291-01-1

S. 821                              2                             A. 524

A RESIDENTIAL FACILITY IS TO BE  OR  HAS  BEEN  CONSTRUCTED.    FOR  THE
PURPOSES  OF  THIS SECTION, "STATE AGENCY" MEANS ANY DEPARTMENT, BUREAU,
COMMISSION, BOARD, PUBLIC  AUTHORITY  OR  OTHER  AGENCY  OF  THE  STATE,
INCLUDING  ANY  PUBLIC  BENEFIT CORPORATION ANY MEMBER OF WHOSE BOARD IS
APPOINTED BY THE GOVERNOR.
  S 3. Section 7-725-a of the village law is amended  by  adding  a  new
subdivision 1-a to read as follows:
  1-A.  WAIVER  OF  STATE IMMUNITY. THE STATE HEREBY WAIVES ITS IMMUNITY
FROM LIABILITY FOR THE COMPLIANCE WITH THE PROVISIONS  OF  THIS  SECTION
SOLELY  WITH  REGARD TO RESIDENTIAL FACILITIES. EVERY STATE AGENCY SHALL
SUBMIT A SITE PLAN FOR EACH PARCEL OF LAND UNDER ITS CONTROL UPON  WHICH
A  RESIDENTIAL  FACILITY  IS  TO  BE  OR HAS BEEN CONSTRUCTED.   FOR THE
PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS ANY  DEPARTMENT,  BUREAU,
COMMISSION,  BOARD,  PUBLIC  AUTHORITY  OR  OTHER  AGENCY  OF THE STATE,
INCLUDING ANY PUBLIC BENEFIT CORPORATION ANY MEMBER OF  WHOSE  BOARD  IS
APPOINTED BY THE GOVERNOR.
  S 4. Within 90 days of the effective date of this act each state agen-
cy  which has constructed a residential facility upon any parcel of land
under its control prior to the effective date of this act shall submit a
site plan for such parcel to the appropriate city, town or village.
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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