NY State Senate Bill S791

Current Bill Status - On Floor Calendar

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

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2023	advanced to third reading
Jan 24, 2023	2nd report cal.
Jan 23, 2023	1st report cal.175
Jan 06, 2023	referred to corporations, authorities and commissions

Votes

view votes

Jan 23, 2023 - Corporations, Authorities and Commissions committee Vote

S791

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S791 (ACTIVE) - Details

Law Section:: New York State Urban Development Corporation Act
Laws Affected:: Amd §§6, 8, 14 & 16, UDC Act
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7384
2015-2016: S2415
2017-2018: S7912
2019-2020: S1875
2021-2022: S2940

S791 (ACTIVE) - Summary

Relates to extending the amount of time between notice of a project and a public hearing.

S791 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S791

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the New York state urban development corporation act, in
relation to extending the amount of time between notice of a project and
a public hearing

 
PURPOSE:

To ensure that the general public and the community, as well as parties
specifically affected by proposed Urban Development Corporation (UDC)
projects are given adequate notice of public hearings so they can attend
and participate.

 
SUMMARY OF PROVISIONS:

In relation to the following four Sections of the UDC Act-6(c); 8(2);
14(2); and 16(2)(b)(iii)-the current ten day window between public
notice of a project and public hearing is expanded to fourteen business
days.

 
EXISTING LAW:

The current provisions of the UDC Act require a maximum of ten days
between public notice and public hearing.

 
JUSTIFICATION:

The public consultation provisions of the Urban Development Corporation
(UDC) Act disempower communities impacted by massive redevelopment
projects. Under the current provisions, a public hearing must be held
within ten days of publication of notice of a redevelopment project.

Some examples of failings, with respect to the City of New York include:
the fact that projects are developed in secret and not as part of a
community planning process; and the fact that the Mayor and the City
Clerk are notified about projects, but residents who live at project
sites are not. Community Boards are supposed to be notified about a
project before a public hearing occurs; however, more often than not,
they do not learn about a hearing until after it has actually occurred.
It is not uncommon for these public hearings to be held with no attend-
ance whatsoever.

The current ten-day period between public notice and hearing is a short
window that often deprives community members of the opportunity to be
heard. This legislation will expand the current ten day period between
notice of a project and a public hearing to fourteen business days. This
change addresses concerns expressed by the Governor in Past veto
messages that longer windows of time would delay the delivery of econom-
ic development assistance.(See Veto No. 507 of 2014 and Veto No. 214 of
2015).

Ensuring that the public, and specifically, affected parties, have addi-
tional time to actually learn of public hearings and subsequently mobi-
lize, draft and execute meaningful public participation (in the form of
comments, testimony and proposed alternative considerations) will
promote transparency, accountability and good governance.
 
LEGISLATIVE HISTORY:

2022: S2940- Passed Senate. No same-as.

2019: S.1875-Passed Senate.

2018: A.9993-A-Veto Memo No. 321 of 2018

2017: A.3749- advanced to third reading

2015-16:A.7416/S.2415- Veto Memo No.214 of 2015

2013-14:A.9798/S.7384-Veto Memo No.507 of 2014

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

S791 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    791
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN ACT to amend the New York state urban development corporation act, in
   relation  to  extending the amount of time between notice of a project
   and a public hearing

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (c) of section 6 of section 1 of chapter 174 of
 the  laws  of  1968  constituting  the  New York state urban development
 corporation act is amended to read as follows:
   (c) to any other person, firm,  partnership  or  corporation,  without
 public  bidding  or public sale, provided there is published in at least
 one newspaper of general circulation in the municipality  in  which  the
 project is located a notice which shall include a statement of the iden-
 tity  of  the  proposed  purchaser  or lessee and of his proposed use or
 reuse of the land use improvement project  area  or  applicable  portion
 thereof, the price or rental to be paid by such purchaser or lessee, all
 other essential conditions of such sale or lease, and a statement that a
 public  hearing  upon  such sale or lease will be held before the corpo-
 ration at a specified time and place on a date not less than [ten] FOUR-
 TEEN BUSINESS days after such publication,  and  provided  further  that
 such public hearing is held in accordance with such notice.
   §  2.  Subdivision  2  of section 8 of section 1 of chapter 174 of the
 laws of 1968 constituting the New York state  urban  development  corpo-
 ration act is amended to read as follows:
   (2) Before any sale or lease of all or a substantial part of a project
 as  authorized  by subdivision one of this section is consummated, there
 shall be published in at least one newspaper of general  circulation  in
 the  municipality  in  which the project is located a notice which shall
 include a statement of the identity of the proposed purchaser or lessee,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03325-01-3

 S. 791                              2
 
 the price or rental to be paid, all other essential conditions  of  such
 sale  or  lease, and a statement that a public hearing upon such sale or
 lease will be held before the corporation at a specified time and  place
 on a date not less than [ten] FOURTEEN BUSINESS days after such publica-
 tion,  and  such  hearing  shall be held in accordance with such notice;
 provided, however, that if the corporation determines that trade secrets
 or other confidential information about the prospective  purchaser's  or
 lessee's  business  operations,  products,  processes  or  designs would
 otherwise be revealed by such public  notice  and  public  hearing,  the
 requirements  of this subdivision may be waived by unanimous vote of the
 directors of the corporation.
   § 3. Subdivision 2 of section 14 of section 1 of chapter  174  of  the
 laws  of  1968  constituting the New York state urban development corpo-
 ration act, as amended by chapter 576 of the laws of 1969, is amended to
 read as follows:
   (2) Notwithstanding the provisions of any general,  special  or  local
 law  or  charter, any municipality, by resolution of its local governing
 body, is hereby empowered without  referendum,  public  auction,  sealed
 bids  or  public notice, to sell, lease for a term not exceeding ninety-
 nine years, grant or convey to the corporation any real  property  owned
 by  it which the corporation shall certify to be necessary or convenient
 for its corporate purposes. Any such sale, lease,  grant  or  conveyance
 shall  be  made  with  or  without consideration and upon such terms and
 conditions as may be agreed upon by such  municipality  and  the  corpo-
 ration.  Certification  shall  be evidenced by a formal request from the
 president of the corporation. Before any  such  sale,  lease,  grant  or
 conveyance  may  be  made  to the corporation, a public hearing shall be
 held by the local governing body to consider the same.  Notice  of  such
 hearing  shall be published at least [ten] FOURTEEN BUSINESS days before
 the date set for the hearing in such publication and in such  manner  as
 may be designated by the local governing body.
   §  4.  Subparagraph (iii) of paragraph (b) of subdivision 2 of section
 16 of section 1 of chapter 174 of the laws of 1968 constituting the  New
 York  state urban development corporation act, as amended by chapter 732
 of the laws of 1990, is amended to read as follows:
   (iii) in any city having a population of one million or more,  provide
 to  any  community  board in which the project will be located, 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] FOURTEEN BUSINESS days
 after such publication;
   § 5. This act shall take effect immediately.

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The New York State Senate

senate Bill S791

Sponsored By

Current Bill Status - On Floor Calendar

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Votes

Jan 23, 2023 - Corporations, Authorities and Commissions committee Vote

Corporations, Authorities and Commissions Committee Vote: Jan 23, 2023

S791 (ACTIVE) - Details

S791 (ACTIVE) - Summary

S791 (ACTIVE) - Sponsor Memo

S791 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S791

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Sponsored By

Leroy Comrie

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Jan 23, 2023 - Corporations, Authorities and Commissions committee Vote

Corporations, Authorities and Commissions Committee Vote: Jan 23, 2023

S791 (ACTIVE) - Details

S791 (ACTIVE) - Summary

S791 (ACTIVE) - Sponsor Memo

S791 (ACTIVE) - Bill Text download pdf

Comments