BILL NUMBER: S559

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act providing that the Empire Station Complex project and the Empire
Penn Expansion shall be subject to and shall comply with the provisions
of New York City's Uniform Land Use Review Procedure

 
PURPOSE:

To require all applicable land use decisions related to the Empire
Station Complex project and the Empire Penn Expansion to go through
ULURP

 
SUMMARY OF PROVISIONS:

Section 1 of the bill states that notwithstanding any law, rule or regu-
lation to the contrary, the Empire Station Complex project and the
Empire Penn Expansion shall be subject to and shall comply with the
provisions of New York City's Uniform Land Use Review Procedure (ULURP).

              

Section 2 of the bill is the effective date.

 
JUSTIFICATION:

The "Empire Station Complex Public Review Act" requires that all appli-
cable land use decisions related to the Empire Station Complex Civic and
Land Use Improvement Project and the Empire Penn Expansion (together the
"Empire Station Project") be subject to New York City's Uniform Land Use
Review Procedure (ULURP), the same review process that all city agencies
must adhere to when acquiring property and siting capital projects. This
legislation will help to ensure that the public who will use the updated
Penn, and the communities who live and work around Penn can help shape
the future of this once in a generation public transportation develop-
ment opportunity through a fair and transparent process.

Currently, site selection for capital projects in New York City and
acquisition of real property in New York City is subject to ULURP;
however, the Empire Station Complex Project is exempt from this rule.
Instead, The New York State Urban Development Corporation ("UDC") d/b/a
Empire State Development (ESD), is adopting a General Project Plan (GPP)
for the Empire Station Complex in accordance with the New York State
Urban Development Corporation Act (the "UDC Act"), which allows ESD to
acquire property pursuant to provisions of the eminent domain law and to
acquire, construct, reconstruct, rehabilitate, improve, alter or repair
or provide for the construction, reconstruction, improvement, alteration
or repair of any project and to do any and all things necessary or
convenient to exercise the powers granted in the act. There are no set
regulations for how a GPP is approved in New York and the GPP allows ESD
to override City zoning, including height limits and density.

ULURP is a far more rigorous process, as befits a city with such high
density. Crucially, it authorizes Community Boards and Borough Presi-
dents to hold public hearings and make non-binding recommendations.
Applications are subject to binding approval by the City Planning
Commission and the City Council, both of which hold their own public
hearings before issuing determinations.

In January 2020, Governor Andrew Cuomo announced the "Empire Station
Complex" and a blueprint for a reimagined and expanded Penn Station.
The proposal demolishes full city blocks in which are historic sites,
small businesses and residential tenants, including rent-stabilized
tenants. The plan has targeted eight sites in which super tall towers
will be built to supposedly fund new entrances to Penn Station, and
underground transportation improvements, which to date have not been
presented in detail to the public.

There is a clear need for legislative action. Despite calls by resi-
dents, elected officials and other community stakeholders for full tran-
sparency and accountability, ESD's initial plans for engaging public
input on the development of a new Penn Station and surrounding area are
woefully inadequate. To date, the public engagement process has suffered
from poor outreach for hearings and comment periods and incomplete
information about ESD's proposals.

Demolishing full city blocks and working to build a robust transporta-
tion hub in principle requires robust public deliberation and consulta-
tion, which is why site selection for capital projects and the acquisi-
tion of property by every New York City agency is subject to ULURP. The
"Empire Station Complex Public Review Act" would require the state to
follow New York City's land use procedures and ensure that residents,
commuters, small businesses and other community stakeholders have mean-
ingful opportunities to provide input and recommendations.

 
LEGISLATIVE HISTORY:

S.6556 of 2021-2022 (Hoylman): Died in Cities

A.7917 of 2021-2022 (Gottfried): Died in Cities

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.