|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to consumer protection|
|Feb 01, 2013||referred to consumer protection|
senate Bill S3415
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3415 - Details
S3415 - Summary
Relates to community benefits agreements; places the benefit at the discretion of the applicant.
S3415 - Sponsor Memo
BILL NUMBER:S3415 TITLE OF BILL: An act to amend the general municipal law, in relation to community benefits agreements PURPOSE OR GENERAL IDEA OF BILL: This legislation requires that when a community benefits agreement is entered into as a condition to obtain an approval or permit, the applicant shall have discretion over where the benefit is located provided that the benefit is accessible to the public. Additionally, if the benefit is placed on the property that the application pertains to, the benefit must be reasonably related to the project undertaken by the applicant. SUMMARY OF PROVISIONS: Section One amends the general municipal law by adding a new article 12-I concerning community benefits agreements. The new section 239-bb pertains to situations where a community benefits agreement is consid- ered as a part of any proceeding, or to be a condition to obtain an approval or permit. A community benefits agreement is a private agree- ment between an applicant seeking approvals or permits where support or forbearance with respect to such approvals or permits is the consider- ation for such agreement. This bill gives the applicant discretion as to where a tangible benefit shall be located provided that the benefit be accessible to the public. Additionally, if the applicant chooses to position the benefit on the site being developed, the benefit must be
S3415 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3415 2013-2014 Regular Sessions I N S E N A T E February 1, 2013 ___________ Introduced by Sens. ZELDIN, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general municipal law, in relation to community benefits agreements 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 arti- cle 12-I to read as follows: ARTICLE 12-I COMMUNITY BENEFITS AGREEMENTS SECTION 239-BB. COMMUNITY BENEFITS AGREEMENTS. S 239-BB. COMMUNITY BENEFITS AGREEMENTS. 1. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY FOR THE PURPOSE OF ISSUANCE OF ANY APPROVALS OR PERMITS ANY BENEFIT THAT IS TANGIBLE MAY BE PLACED AT THE DISCRETION OF THE APPLICANT SO LONG AS THE BENEFIT IS PUBLICLY ACCESSI- BLE. IF THE EXERCISE OF SUCH DISCRETION AS PERMITTED UNDER THIS SECTION RESULTS IN THE PLACEMENT OF A TANGIBLE COMMUNITY BENEFIT ON, OR ADJACENT TO, THE DEVELOPER'S PROJECT SITE, IT SHALL BE REQUIRED THAT THE BENEFIT BE REASONABLY RELATED TO THE PROJECT UNDERTAKEN BY SUCH APPLICANT. FOR PURPOSES OF THIS SECTION, A COMMUNITY BENEFITS AGREEMENT IS A PRIVATE AGREEMENT BETWEEN AN APPLICANT SEEKING ANY APPROVALS OR PERMITS PURSUANT TO ARTICLE SIXTEEN OF THE TOWN LAW, ARTICLE SEVEN OF THE VILLAGE LAW OR ARTICLE FIVE-A OF THE GENERAL CITY LAW AND A COMMUNITY ORGANIZATION OR ORGANIZATIONS, WHERE SUPPORT OR FORBEARANCE WITH RESPECT TO SUCH APPROVALS OR PERMITS IS THE CONSIDERATION FOR SUCH AGREEMENT, EXCEPT THAT THIS SECTION SHALL NOT APPLY TO A CITY WITH A POPULATION OF ONE MILLION OR MORE. 2. PRIOR TO ENTERING INTO A COMMUNITY BENEFIT AGREEMENT WITH A DEVEL- OPER, THE MUNICIPALITY SHALL SET FORTH A MONETARY AMOUNT THAT THE DEVEL- OPER SHALL ALLOCATE TO PROVIDING THE BENEFIT. SUCH AMOUNT SHALL BE BASED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06440-02-3
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