S T A T E   O F   N E W   Y O R K
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                                  9830

                          I N  A S S E M B L Y

                              May 27, 2014
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the New York state urban development corporation act, in
  relation to consultation with affected parties on certain projects

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

  Section  1. Section 16 of section 1 of chapter 174 of the laws of 1968
constituting the New  York  state  urban  development  corporation  act,
subdivisions  2  and 3 as amended by chapter 732 of the laws of 1990 and
subdivision 5 as amended and subdivision 6 as added by  chapter  847  of
the laws of 1971, is amended to read as follows:
  S  16.  Cooperation  with  municipalities.  (1)  In  effectuating  the
purposes of this act, the corporation and community advisory  committees
created  pursuant  to  section  four  of  this  act shall work [closely,
consult and cooperate] DIRECTLY  with  local  elected  officials  [and],
community  leaders  AND  SPECIFICALLY  AFFECTED  PARTIES at the earliest
practicable time, INCLUDING BEFORE PROJECTS ARE PROPOSED,  DURING  THEIR
DEVELOPMENT  AND WHEN THEY ARE PRESENTED TO THE GENERAL PUBLIC. WHENEVER
A PROJECT IS PROPOSED, AND AT EACH SUBSEQUENT  STAGE  OF  SUCH  PROPOSED
PROJECT, INCLUDING, WITHOUT LIMITATION: BOARD MEETINGS, BOARD APPROVALS,
PUBLIC  MEETINGS AND PUBLIC HEARINGS THE CORPORATION AND COMMUNITY ADVI-
SORY COMMITTEES SHALL ENGAGE IN DIRECT AND PROACTIVE  CONSULTATION  WITH
ALL  AFFECTED  PARTIES,  INCLUDING  "SPECIFICALLY  AFFECTED  PARTIES" AS
DEFINED BELOW. FOR PURPOSES OF THIS ACT, THE TERM "SPECIFICALLY AFFECTED
PARTIES" SHALL HAVE THE FOLLOWING MEANING: (A) CURRENT TENANTS OR  OCCU-
PANTS  OF  THE  PROPOSED PROJECT SITE IN QUESTION, (B) ALL ELECTED OFFI-
CIALS THAT GEOGRAPHICALLY REPRESENT THE PROPOSED PROJECT SITE  IN  QUES-
TION, (C) ALL LOCAL GOVERNMENT SUBSIDIARIES CHARGED WITH LAND USE/ZONING
REVIEW  DUTIES  WITHIN  THE  PROPOSED  PROJECT SITE IN QUESTION, (D) THE
COMMUNITY, MINIMALLY OPERATIONALIZED AS RESIDENTS WHO LIVE WITHIN A FIVE
MILE RADIUS OF THE PROPOSED PROJECT SITE IN QUESTION AND  (E)  COMMUNITY
BASED ORGANIZATIONS WHO ARE PRINCIPALLY BASED IN THE CATCHMENT AREA THAT
IS  CONCURRENT  WITH  THE  PROPOSED  PROJECT  SITE IN QUESTION. THE TERM
"DIRECT AND PROACTIVE CONSULTATION" SHALL MEAN THE FOLLOWING: THE CORPO-

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

                                                           LBD14959-01-4

A. 9830                             2

RATION AND COMMUNITY ADVISORY COMMITTEES SHALL REACH OUT TO ALL  SPECIF-
ICALLY  AFFECTED  PARTIES WHEN THE PROJECT IS BEING CONTEMPLATED, DEVEL-
OPED AND PROPOSED AND AT EACH SUBSEQUENT STAGE OF SUCH PROPOSED  PROJECT
VIA:  FIRST CLASS MAIL, E-MAIL AND PHONE, WHERE PRACTICABLE; FURTHER, AT
EACH STAGE OF THE PROPOSED PROJECT IN QUESTION IN PERSON COMMUNITY PLAN-
NING MEETINGS MUST BE HELD WITH ALL CURRENT TENANTS OF THE SITE IN QUES-
TION, ELECTED OFFICIALS AND LOCAL GOVERNMENT SUBSIDIARIES  CHARGED  WITH
LAND  USE/ZONING  REVIEW  DUTIES. SUCH COMMUNITY PLANNING MEETINGS, AT A
MINIMUM, MUST PROVIDE EACH PARTY WITH AN OPPORTUNITY TO PROPOSE AFFIRMA-
TIVE, MODIFIED OR ENTIRELY DIFFERENT PLANS THAN  THOSE  CURRENTLY  UNDER
CONSIDERATION.  IN  ADDITION, COMPLEMENTARY CONSULTATION STEPS MUST ALSO
BE TAKEN TO REACH THE GENERAL PUBLIC, WHICH SHALL INCLUDE, WITHOUT LIMI-
TATION: DISTRIBUTING FLYERS THAT DESCRIBE THE PROPOSED  PROJECT  IN  THE
AFFECTED  AREA, ERECTING LARGE SIGNAGE CONTAINING PROJECT DETAILS AT THE
PROPOSED PROJECT SITE IN QUESTION, ATTENDING AND SPEAKING  AT  COMMUNITY
MEETINGS WHERE APPROPRIATE AND TAKING OUT FULL PAGE ADVERTISEMENTS IN NO
LESS  THAN  TWO  LOCAL  PAPERS  THAT  ARE  LIKELY  TO REACH THE AFFECTED
PARTIES.   The corporation shall give  primary  consideration  to  local
needs and desires and shall foster local initiative and participation in
connection  with  the  planning  and  development of its projects AT ALL
STAGES.  Wherever possible, activities of the corporation shall be coor-
dinated with local urban renewal and other community projects,  and  the
corporation  shall  assist  localities  in  carrying  out such projects.
Consideration shall also be given to local and regional goals and  poli-
cies  as expressed in urban renewal, community renewal and local compre-
hensive land use plans and regional plans.
  (2) Except with respect to a project consisting in whole or in part of
real property acquired by the corporation pursuant to  section  fourteen
of  this  act,  before  commencing the acquisition, construction, recon-
struction, rehabilitation, alteration or improvement of any project: (a)
upon adoption of the general project plan, the corporation shall file  a
copy  of  such plan, including the findings required pursuant to section
ten of this act, in its corporate offices and in the office of the clerk
of any municipality in which the project is to be located,  AS  WELL  AS
WITH  ALL  "SPECIFICALLY  AFFECTED  PARTIES"  AS  DEFINED  ABOVE.   Upon
request, any other person shall be furnished with a digest of such plan;
(b) pursuant to authorization from the chief executive  officer  of  the
corporation,  which  authorization may be given prior to the adoption of
such plan by the corporation, the corporation shall: (i) publish in [one
newspaper] TWO NEWSPAPERS of  general  circulation  within  the  munici-
pality,  (ii) provide to the chief executive officer of the municipality
within which the project is located, and (iii)  in  any  city  having  a
population  of  one  million  or more, [provide to] ENGAGE IN DIRECT AND
PROACTIVE CONSULTATION, AS DEFINED ABOVE, WITH ALL SPECIFICALLY AFFECTED
PARTIES, INCLUDING any community board in  which  the  project  will  be
located,  INCLUDING  BY  PROVIDING a notice that such plan will be filed
upon its adoption by the corporation and that digests  thereof  will  be
available,  which  notice shall also state that a public hearing will be
held to consider the plan at a specified time and place on  a  date  not
less  than  [ten]  SEVENTY  days after such publication; THE SEVENTY DAY
PERIOD WILL COMMENCE WHEN THE COMMUNITY  BOARDS,  AFFECTED  TENANTS  AND
ELECTED  OFFICIALS  ALL  CONFIRM  WITH  THE  CORPORATION  THAT THEY HAVE
RECEIVED NOTICE; (c) the corporation  shall  conduct  a  public  hearing
pursuant  to  such  notice,  AND  SHALL  ENGAGE  IN DIRECT AND PROACTIVE
CONSULTATION WITH "SPECIFICALLY AFFECTED PARTIES" FOR THE  FULL  SEVENTY
DAY  PERIOD  TO  ENSURE  MAXIMUM PARTICIPATION AT SUCH HEARING; provided

A. 9830                             3

that such public hearing shall not take place before the adoption or the
filing of such  plan  by  the  corporation;  (d)  [upon]  ALL  TESTIMONY
RECEIVED AT THE HEARING, WHETHER WRITTEN OR DELIVERED ORALLY AND INCLUD-
ING  WRITTEN  TESTIMONY SUBMITTED FOR A PERIOD OF THIRTY DAYS AFTER SUCH
HEARING SHALL BE REVIEWED AND ACTED ON BY THE  CORPORATION.  THE  CORPO-
RATION  SHALL  RESPOND TO EACH SUBSTANTIVE COMMENT IN WRITING, INCLUDING
ALL SUBSTANTIVE NEGATIVE COMMENTS AND SHALL SHARE SUCH RESPONSE DOCUMENT
WITH ALL "SPECIFICALLY AFFECTED PARTIES". IF  A  SIGNIFICANT  AMOUNT  OF
SUBSTANTIVE  NEGATIVE COMMENTS ARE RECEIVED, THE CORPORATION WILL, AFTER
DUE CONSIDERATION OF SUCH TESTIMONY AND COMMENT, AFFIRM, MODIFY OR WITH-
DRAW THE PLAN IN THE MANNER PROVIDED FOR THE INITIAL FILING OF SUCH PLAN
IN PARAGRAPH (A) OF THIS SUBDIVISION. HOWEVER,  BEFORE  THE  CORPORATION
AFFIRMS  THE  PLAN IT MUST HOLD A PUBLIC MEETING WITH THIRTY DAYS NOTICE
AND  DIRECT  AND  PROACTIVE  CONSULTATION  WITH  "SPECIFICALLY  AFFECTED
PARTIES".  AT  SUCH  MEETING, THE CORPORATION MUST EXPLAIN WHY THEY HAVE
NOT MODIFIED OR WITHDRAWN THE PLAN IN RESPONSE TO  SUBSTANTIVE  NEGATIVE
COMMENTS.  UPON  a written finding of the chief executive officer of the
corporation that no substantive negative testimony or comment  has  been
received  at  such public hearing, NOR IN THE THIRTY DAY WRITTEN COMMENT
PERIOD THEREAFTER, such plan shall be effective  at  the  conclusion  of
such  [hearing;  provided,  however,  that  if  any substantive negative
testimony or comment is received at such public hearing, the corporation
may, after due consideration of  such  testimony  and  comment,  affirm,
modify  or  withdraw  the  plan  in  the manner provided for the initial
filing of such plan in paragraph (a) of this subdivision] TIMEFRAME.
  (3) After DIRECT AND PROACTIVE consultation with local  officials,  as
provided  in  subdivision  one  of this section, the corporation and any
subsidiary thereof shall, in constructing, reconstructing,  rehabilitat-
ing,  altering or improving any project, comply with the requirements of
local laws, ordinances, codes, charters  or  regulations  applicable  to
such   construction,   reconstruction,   rehabilitation,  alteration  or
improvement, provided however, that  when,  in  the  discretion  of  the
corporation,  such compliance is not feasible or practicable, the corpo-
ration and any subsidiary thereof shall comply with the requirements  of
the  state  building construction code, formulated by the state building
code council pursuant to article eighteen of the executive law, applica-
ble to such construction, reconstruction, rehabilitation, alteration  or
improvement.  In  those  circumstances  where,  in the discretion of the
corporation, such compliance with local laws, ordinances,  codes,  char-
ters  or  regulations is not feasible or practicable, and in the case of
any project where the  corporation  intends  to  acquire  real  property
pursuant  to  section thirteen of this act, the requirements of subdivi-
sion two of this section shall be complied with; provided, however, that
(a) the corporation shall provide a copy of the plan to the chief execu-
tive officer of any municipality within  which  the  project  is  to  be
located,  the  chairman  of the planning board or commission of any such
municipality, or if there is no planning board  or  commission,  to  the
presiding  officer  of the local governing body and in any city having a
population of one million or more, to any community board in  which  the
project is located, and the public hearing to consider the plan required
pursuant  thereto shall be held on thirty days notice following adoption
of the plan by the corporation; SUCH PUBLIC HEARING SHALL CONFORM TO ALL
OF THE DIRECT AND PROACTIVE CONSULTATION  REQUIREMENTS  AND  THE  PUBLIC
HEARING  REQUIREMENTS  AS  DEFINED  IN  SUBDIVISIONS ONE AND TWO OF THIS
SECTION; (b) any person shall have the opportunity  to  present  written
comments  on  the  plan within thirty days after the public hearing; (c)

A. 9830                             4

any municipality within which the project is to be located, by  majority
vote  of  its  planning board or commission, or in the event there is no
planning board or commission, by majority vote of  its  local  governing
body,  may  recommend approval, disapproval or modification of the plan,
which recommendation shall be submitted in writing  to  the  corporation
within  thirty  days after such hearing; and (d) after due consideration
of such testimony and comments and municipal  recommendations,  if  any,
the  corporation  may  affirm, modify or withdraw the plan in the manner
provided for the initial filing of such plan in paragraph (a) of  subdi-
vision two of this section, provided, however that in the event any such
municipality has recommended disapproval or modification of the plan, as
provided  herein,  the corporation may affirm the plan only by a vote of
two-thirds of the directors thereof  then  in  office.  No  municipality
shall  have  power to modify or change the drawings, plans or specifica-
tions for the construction, reconstruction,  rehabilitation,  alteration
or  improvement  of  any project of the corporation or of any subsidiary
thereof, or the  construction,  plumbing,  heating,  lighting  or  other
mechanical  branch  of  work necessary to complete the work in question,
nor to require that any person, firm or corporation employed on any such
work shall perform any such work in any other or different  manner  than
that  provided by such plans and specifications, nor to require that any
such person, firm or corporation obtain any other or additional authori-
ty, approval, permit or certificate from such municipality  in  relation
to  the  work  being done, and the doing of any such work by any person,
firm or corporation in accordance  with  the  terms  of  such  drawings,
plans,  specifications  or contracts shall not subject said person, firm
or corporation to any liability or penalty,  civil  or  criminal,  other
than  as  may  be  stated  in such contracts or incidental to the proper
enforcement thereof; nor shall any municipality have  power  to  require
the  corporation  or  any  subsidiary  thereof,  or  lessee therefrom or
successor in interest thereto, to obtain any other or additional author-
ity, approval, permit, certificate or certificate of occupancy from such
municipality as a condition of owning, using, maintaining, operating  or
occupying  any  project  acquired, constructed, reconstructed, rehabili-
tated, altered or improved by the corporation or by any subsidiary ther-
eof. The foregoing provisions shall not preclude any  municipality  from
exercising  the right of inspection for the purpose of requiring compli-
ance by any such project with local requirements for operation and main-
tenance, affecting the health, safety and welfare of the occupants ther-
eof, provided, however, that such compliance does not  require  changes,
modifications or additions to the original construction of such project.
  (4)  Each  municipality  or  political  subdivision, including but not
limited to a county, city, town,  village  or  district,  in  which  any
project  of  the  corporation  or  of any subsidiary thereof is located,
shall provide for such project, whether then owned by  the  corporation,
any  subsidiary  thereof  or  any successor in interest thereto, police,
fire, sanitation, health protection and other municipal services of  the
same  character and to the same extent as those provided for other resi-
dents of such municipality or political subdivision.
  (5) Notwithstanding the provisions of any general,  special  or  local
law  or  charter,  any  municipality or any public corporation is hereby
empowered to purchase or lease for  a  term  not  exceeding  ninety-nine
years  a  civic project, upon such terms and conditions as may be agreed
upon by such municipality or such  public  corporation  and  the  corpo-
ration.  No agreement for such purchase or lease shall be deemed to be a
contract for public work or purchase within the meaning of  the  general

A. 9830                             5

municipal  law. Nothing contained in this subdivision shall be deemed to
amend or supersede any other provision of law requiring a  vote  of  the
qualified  voters  of any school district upon a proposed expenditure of
funds or incurring of indebtedness by such school district.
  (6)  In carrying out any project, the corporation and its subsidiaries
shall be empowered to enter into  contractual  agreements  with  munici-
palities  and  public corporations with respect to the furnishing of any
community, municipal or  public  facilities  or  services  necessary  or
desirable  for  such project, and any municipality or public corporation
is hereby authorized and empowered, notwithstanding any  other  law,  to
enter  into  such  contractual  agreements  with the corporation and its
subsidiaries and to do all things necessary to carry out its obligations
under the same.
  S 2. This act shall take effect immediately.