NY State Senate Bill 2023-S1405

Senate Bill S1405

2023-2024 Legislative Session

Relates to siting requirements for the New York city school construction authority's leasing program

download bill text pdf

Current Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 06, 2023	recommit, enacting clause stricken
Jan 11, 2023	referred to corporations, authorities and commissions

2023-S1405 (ACTIVE) - Details

Law Section:: Public Authorities Law
Laws Affected:: Amd §§1731 & 1732, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1354
2011-2012: S3438
2013-2014: S594
2015-2016: S3962, S3002
2017-2018: S3067, S3476
2019-2020: S1978, S2146
2021-2022: S1230

2023-S1405 (ACTIVE) - Summary

Relates to siting requirements for the New York city school construction authority's leasing program.

2023-S1405 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1405

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to siting
requirements for the New York city school construction authority's leas-
ing program

 
PURPOSE:

The School Construction Authority's leasing program does not follow some
of the important procedural steps that are required with new school
construction. These provisions help protect the health of our children.
This bill clarifies the School Construction Authority's responsibil-
ities.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 1731 of the public authorities
law to clarify that the School Construction Authority is required to
submit site plans whenever it leases property for a school, as it

already does when it buys or builds such property, except for certain,
specified short-term leases.

Section 2 amends subdivision 1 of section 1732 of the public authorities
law to clarify that a new lease also requires that the site plan be
submitted to the mayor and council for review.

Section 3 sets the effective date.

 
EXISTING LAW:

Click here

 
JUSTIFICATION:

The New York City's School Construction Authority must do its due dili-
gence to protect our vulnerable young people and ensure school facili-
ties are not sited on locations impacted by brownfields or other toxic
and chemical waste. This is critical to the goal of intersectional and
inclusive environmental justice.

 
LEGISLATIVE HISTORY:

2022: Died in Corporations, Authorities and Commissions

2021: Died in Corporations, Authorities and Commissions

2020: Died in Corporations, Authorities and Commissions

2019: Died in Corporations, Authorities and Commissions

2018: Died in Corporations, Authorities and Commissions

2017: Died in Corporations, Authorities and Commissions

2016: Died in Corporations, Authorities and Commissions

2015: Died in Corporations, Authorities and Commissions

2014: Senate Bill 594 (Gianaris) - Died in Senate Corporations, Authori-
ties and Commissions Committee.

2012: Senate Bill 3438 (Gianaris) - Died in Senate Corporations, Author-
ities and Commissions Committee

2012: Assembly Bill 1762 (Nolan) Died in Assembly Corporations, Authori-
ties and Commissions Committee

2010: Senate Bill 1354-A (Oppenheimer) - Died in Senate Rules Committee

2010: Assembly Bill 1865 (Nolan) - Passed Assembly 137-1 (6/23/10);
Passed Assembly 141-2 (3/1/10)

2008: Senate Bill 7127 (Sabini) - Died in Senate Corporations, Authori-
ties and Commissions Committee

2008: Assembly Bill 8838 (Nolan) - Passed Assembly 140-1 (4/30/08);
Passed Assembly 150-0 (6/20/07)

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

Click here

 
EFFECTIVE DATE:
Immediately.

2023-S1405 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1405
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend  the  public  authorities  law, in relation to siting
   requirements for the New York  city  school  construction  authority's
   leasing program

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 1731  of  the  public  authorities
 law,  as  amended by chapter 790 of the laws of 2022, is amended to read
 as follows:
   1. Prior to the commencing of new construction or  building  additions
 of  an  educational facility, or the acquisition of real property or any
 interest therein for such purpose, INCLUDING THE LEASING OF ANY BUILDING
 OR PROPERTY, the authority shall file a copy of the site  plan  of  such
 facility  in  its  offices  and shall provide a copy thereof to the city
 board, the city planning commission and the  community  school  district
 education  council  and the community board of the district in which the
 facility will be located. The authority shall also  provide  a  copy  of
 such  plan to the council member, senator and member of assembly repres-
 enting the district in which the facility will  be  located.  Such  plan
 shall  include  data  on  projected student population for the community
 school district or districts and the community board or boards affected,
 the source of that data and the reason the proposed action is  necessary
 and  how  such  plan factors and accounts for student population projec-
 tions. Upon request, any other person shall be furnished with such  plan
 or  a  summary  thereof.   The authority shall publish in a newspaper of
 general circulation in the city a notice of the filing of such plan  and
 the  availability  of  the  plan  and a summary thereof. Such plan shall
 include, in the case of any project for which the  acquisition  of  real
 property  or  interest  therein  is  proposed, the recommended site, any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02674-01-3

 S. 1405                             2
 
 alternate sites considered, and any rationale as to  why  the  alternate
 sites were not selected.
   §  2.  Subdivision 1 of section 1732 of the public authorities law, as
 amended by chapter 562 of the laws  of  1990,  is  amended  to  read  as
 follows:
   1.  Following  the hearings held pursuant to section seventeen hundred
 thirty-one of this title, but prior to initiating  construction  of  new
 educational facilities, OR PRIOR TO LEASING ANY BUILDING OR PROPERTY FOR
 SUCH  PURPOSE, the authority shall submit the site plan of such projects
 to the mayor and the council for review, provided,  however,  that  such
 review shall be limited to the site selected for the project.
   § 3. This act shall take effect immediately.

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