senate Bill S3415

2013-2014 Legislative Session

Relates to community benefits agreements

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Feb 01, 2013 referred to consumer protection

Co-Sponsors

S3415 - Details

See Assembly Version of this Bill:
A3089A
Law Section:
General Municipal Law
Laws Affected:
Add Art 12-I ยง239-bb, Gen Muni L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6888, A9842
2013-2014: S3415

S3415 - Summary

Relates to community benefits agreements; places the benefit at the discretion of the applicant.

S3415 - Sponsor Memo

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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