senate Bill S4643

2013-2014 Legislative Session

Requires compliance with the uniform land use review procedure for the disposition of school property in New York city

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to education
Apr 16, 2013 referred to education

Co-Sponsors

S4643 - Bill Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §§454 & 471, Ed L

S4643 - Bill Texts

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Requires compliance with the uniform land use review procedure for the disposition of school property in New York city.

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BILL NUMBER:S4643

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: This bill would explicitly require
the sale of NYC public school buildings to comply with the uniform
land use review procedure (ULURP) as well as the community education
councils' public hearing requirements related to any significant
change in school utilization

SUMMARY OF SPECIFIC PROVISIONS: The bill would amend several
provisions of Article 10 of the Education Law (the NYC Educational
Construction Fund Act), which was enacted in 1966 to create that fund
as a public benefit corporation in which title to NYC public school
sites and facilities would be vested. Now, almost 50 years later, it
is important to clarify that certain later-enacted provisions of the
Education Law apply to sales or other dispositions of NYC public
schools, and also to provide that the ULURP process will apply to such
sales.

Section one of the bill amends sections 11 and 20 of section 454 of
the Education Law to require full compliance with the uniform land use
review procedure (ULURP). Section 2 of the bill amends section 471 of
the Education Law to do two things: 1) to require full compliance with
the uniform land use review procedure (ULURP), consistent with the
amendments made in section one of the bill, and 2) to explicitly state
that Article 10 does not supersede any of the later enacted
requirements regarding parental involvement and the duties of the
community district education councils with respect to proposed
significant changes in school utilization. Section 3 of the bill
provides for an immediate effective date.

JUSTIFICATION: Recent proposals to sell New York City school
buildings to developers have taken parents and communities by
surprise, and appear not to have considered the impact on students,
families and the surrounding communities. Certainly there has not yet
been any opportunity for students, their families, and community
members to have input in the process. While it is to be hoped that the
parental involvement provisions of Education Law Article 52-A will be
complied with, the intent of this legislation is two-fold: first, to
require ULURP compliance with any sale, lease or disposition of NYC
public school buildings and sites, and second, to explicitly provide
that Article 10 of the Education Law, enacted in 1966, does not in any
way supersede the provisions of Education Law section 2590-e, enacted
many years later. See, McKinney's Statutes § 393, text accompanying
note 56 (later act to prevail in case of inconsistency).

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  4643

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 16, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed 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

S. 4643                             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.

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