senate Bill S3415

2013-2014 Legislative Session

Relates to community benefits agreements

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

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 - Bill Details

See Assembly Version of this Bill:
A3089A
Current Committee:
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 - Bill Texts

view summary

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

view 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
reasonably related to the project being undertaken by the applicant.

This section also directs the permitting municipality to establish a
monetary amount that shall be the maximum amount the developer shall be
required to spend in providing a community benefit. The municipality
shall not set this amount in excess of five percent of the increased
density above what current zoning law allows for the project. No other
community benefits agreement made between the developer and any other
municipality or community organization shall require the developer to
incur any expense in excess of the amount set by the municipality.

These requirements do not apply to a city with a population of one
million or more.

Section Two is the effective date.

JUSTIFICATION: Community benefits agreements are sometimes entered into
between a developer and a community organization or a developer and a
municipality. Under these agreements, the developer's project is
supported so long as the developer agrees to include some sort of bene-
fit to the community. These benefits are often intangible such as agree-
ing to living wage or prevailing wage requirements, green building
requirements, or a provision that prohibits developers from hiring
contractors that have violated certain laws. Sometimes, the benefit is
in the form of funding for a community organization or program. When

such benefit is tangible, such as construction of a park or recreational
facility, this legislation would allow the applicant/developer
discretion as to the benefit's location. In the event that a developer
chooses to place the benefit on the same property as the project, the
applicant/developer must make the benefit accessible to the public and
also ensure that the benefit is reasonably related to the project. The
restrictions in the bill serve to protect the intent of the community
benefit as something to enhance the community at large, as opposed to a
mere enhancement of the developer's project.

Subsection two of the bill protects the developer from rising costs
relating to the benefit by establishing a maximum cost at the outset of
the project. Without an established price, the developer can wind up
spending far in excess of what they budgeted for to fulfill their duties
under the community benefit agreement. This amount is set by the permit-
ting municipality and is capped in relation to how far the project
exceeds the allowed density under the zoning law. Under this legis-
lation, the cost of the benefit cannot exceed 5% of the increased densi-
ty. This not only guarantees transparency throughout the process and
protects the developer from unforeseen costs, but it also guarantees
that the amount spent on the benefit relates to the amount by which the
developer is benefitted by the municipality or organization's support of
their project.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: 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
________________________________________________________________________

                                  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

S. 3415                             2

ON  A  PERCENTAGE  OF  THE TOTAL PROJECT COST THAT SHALL NOT EXCEED FIVE
PERCENT OF THE INCREASED DENSITY ABOVE WHAT IS ALLOWABLE FOR THE PROJECT
UNDER CURRENT ZONING LAW. SUCH AMOUNT  SHALL  BE  THE  MAXIMUM  FOR  THE
ENTIRE  COMMUNITY  BENEFIT  AGREEMENT, INCLUDING ANY AGREEMENT MADE WITH
ANY OR ALL COMMUNITY  ORGANIZATIONS  OR  OTHER  MUNICIPALITIES.    AFTER
ESTABLISHING  SUCH  AMOUNT,  THE  MUNICIPALITY SHALL NOT BE PERMITTED TO
INCREASE THE COST THAT THE DEVELOPER  SHALL  BE  REQUIRED  TO  INCUR  IN
PROVIDING THE BENEFIT.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.