Assembly Bill A6058A

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

                                  6058

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 13, 2013
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Education

AN ACT to amend the education law, in relation to  requiring  compliance
  with  the  uniform  land  use  review procedure for the disposition of
  school property in New York city

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

  Section 1. Subdivisions 11 and 20 of section 454 of the education law,
subdivision  11 as added by chapter 999 of the laws of 1966 and subdivi-
sion 20 as amended by chapter 1036 of the laws of 1971, are  amended  to
read as follows:
  11.  Subject  to  the  terms  and conditions of any lease, sublease or
other agreement with third parties and to the determination of the board
of education that such real property is unnecessary for the  present  or
foreseeable  future  school  building  needs of the city of New York, to
surrender to the appropriate city official, for other public use or  for
sale,  lease  or other disposition in accordance with law, real property
held by the fund for its corporate  purposes;  PROVIDED,  HOWEVER,  THAT
PRIOR  TO  ANY SUCH SALE, LEASE OR OTHER DISPOSITION THERE SHALL BE FULL
COMPLIANCE WITH THE PROVISIONS OF SECTION ONE HUNDRED NINETY-SEVEN-C  OF
THE  NEW  YORK  CITY CHARTER, RELATING TO UNIFORM LAND USE REVIEW PROCE-
DURE, OR THE PROVISIONS OF ANY OTHER LOCAL LAW OF THE CITY OF  NEW  YORK
RELATING THERETO;
  20.  At the request or with the approval of the board of education, to
grant, sell, license, lease or otherwise transfer without public auction
or bidding any real property or any rights or interests therein or ther-
eto, including fee interests, easements, space  rights  or  air  rights,
held  by  it  and  occupied  or  reserved for school purposes and needed
therefor, to a private individual or private or public corporation sole-
ly and exclusively for the purpose of developing and constructing there-
in or thereon a combined occupancy structure, or a part or portion ther-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09822-01-3
              

A. 6058                             2

eof, or for the purpose  of  rehabilitating  or  improving  an  existing
school to become part of a combined occupancy structure within the mean-
ing  of  this  article  subject  to  a  prior  and enforceable agreement
approved  by  the board of education for the reconveyance, retransfer or
leaseback of the school portion thereof, upon completion,  for  use  and
occupancy  by  the  said  board  of education in those instances where a
grant, sale or lease has been made to such private individual or private
or public corporation; provided, however, that no such  sale,  lease  or
transfer  of  lands or rights therein or thereto is authorized where the
development of a combined occupancy structure contemplates the  erection
of  nonschool  facilities  or  improvements  over an existing playground
unless such combined occupancy structure to  be  constructed  over  such
playground  shall  provide playground area at least equal in size to the
then existing playground area; PROVIDED FURTHER, HOWEVER, THAT PRIOR  TO
ANY  GRANT,  SALE,  LICENSE, LEASE OR OTHER TRANSFER THERE SHALL BE FULL
COMPLIANCE WITH THE PROVISIONS OF SECTION ONE HUNDRED NINETY-SEVEN-C  OF
THE  NEW  YORK  CITY CHARTER, RELATING TO UNIFORM LAND USE REVIEW PROCE-
DURE, OR THE PROVISIONS OF ANY OTHER LOCAL LAW OF THE CITY OF  NEW  YORK
RELATING THERETO;
  S  2. Section 471 of the education law, as added by chapter 999 of the
laws of 1966, is amended to read as follows:
  S 471. Inconsistent provisions of other laws superseded.   Insofar  as
the  provisions  of this article are inconsistent with the provisions of
any other general, special or local law, or with the provisions  of  any
charter  or  ordinance, the provisions of this article shall be control-
ling; PROVIDED, HOWEVER, THAT THE  PROVISIONS  OF  SECTION  ONE  HUNDRED
NINETY-SEVEN-C  OF THE NEW YORK CITY CHARTER SHALL APPLY AS SPECIFIED IN
SUBDIVISIONS ELEVEN AND TWENTY OF SECTION FOUR HUNDRED FIFTY-FOUR OF THE
EDUCATION LAW; AND FURTHER PROVIDED, HOWEVER, THAT NOTHING CONTAINED  IN
ARTICLE TEN OF THE EDUCATION LAW SHALL IN ANY WAY SUPERSEDE THE REQUIRE-
MENTS  REGARDING  PARENTAL  INVOLVEMENT AND THE POWERS AND DUTIES OF THE
COMMUNITY DISTRICT EDUCATION COUNCIL WITH RESPECT  TO  PROPOSED  SIGNIF-
ICANT  CHANGES  IN  SCHOOL  UTILIZATION,  INCLUDING  BUT  NOT LIMITED TO
PHASE-OUT, GRADE RECONFIGURATION, RE-SITING OR CO-LOCATION  OF  SCHOOLS,
AND  WHICH  SHALL  ALSO BE DEEMED TO INCLUDE THE TEMPORARY RELOCATION OF
STUDENTS THAT WILL RESULT FROM ANY TRANSFER OF AN EXISTING  SCHOOL  SITE
TO  A DEVELOPER FOR CONSTRUCTION OF A COMBINED OCCUPANCY STRUCTURE.  The
provisions of this article shall not be deemed to prevent  the  city  of
New  York  from  financing  the  cost of acquiring, constructing, recon-
structing, rehabilitating or improving one or more school  buildings  by
the  issuance  of  bonds  or capital notes pursuant to the local finance
law.
  S 3. This act shall take effect immediately.