S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3871
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 20, 2015
                                      ___________
       Introduced  by  Sen. PERKINS -- 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 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:
    1    Section 1. Section 16 of section 1 of chapter 174 of the laws of  1968
    2  constituting  the  New  York  state  urban  development corporation act,
    3  subdivisions 2 and 3 as amended by chapter 732 of the laws of  1990  and
    4  subdivision  5  as  amended and subdivision 6 as added by chapter 847 of
    5  the laws of 1971, is amended to read as follows:
    6    S  16.  Cooperation  with  municipalities.  (1)  In  effectuating  the
    7  purposes  of this act, the corporation and community advisory committees
    8  created pursuant to section  four  of  this  act  shall  work  [closely,
    9  consult  and  cooperate]  DIRECTLY  with  local elected officials [and],
   10  community leaders AND SPECIFICALLY  AFFECTED  PARTIES  at  the  earliest
   11  practicable  time,  INCLUDING BEFORE PROJECTS ARE PROPOSED, DURING THEIR
   12  DEVELOPMENT AND WHEN THEY ARE PRESENTED TO THE GENERAL PUBLIC.  WHENEVER
   13  A  PROJECT  IS  PROPOSED,  AND AT EACH SUBSEQUENT STAGE OF SUCH PROPOSED
   14  PROJECT, INCLUDING, WITHOUT LIMITATION: BOARD MEETINGS, BOARD APPROVALS,
   15  PUBLIC MEETINGS AND PUBLIC HEARINGS THE CORPORATION AND COMMUNITY  ADVI-
   16  SORY  COMMITTEES  SHALL ENGAGE IN DIRECT AND PROACTIVE CONSULTATION WITH
   17  ALL AFFECTED  PARTIES,  INCLUDING  "SPECIFICALLY  AFFECTED  PARTIES"  AS
   18  DEFINED BELOW. FOR PURPOSES OF THIS ACT, THE TERM "SPECIFICALLY AFFECTED
   19  PARTIES"  SHALL HAVE THE FOLLOWING MEANING: (A) CURRENT TENANTS OR OCCU-
   20  PANTS OF THE PROPOSED PROJECT SITE IN QUESTION, (B)  ALL  ELECTED  OFFI-
   21  CIALS  THAT  GEOGRAPHICALLY REPRESENT THE PROPOSED PROJECT SITE IN QUES-
   22  TION, (C) ALL LOCAL GOVERNMENT SUBSIDIARIES CHARGED WITH LAND USE/ZONING
   23  REVIEW DUTIES WITHIN THE PROPOSED PROJECT  SITE  IN  QUESTION,  (D)  THE
   24  COMMUNITY, MINIMALLY OPERATIONALIZED AS RESIDENTS WHO LIVE WITHIN A FIVE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08776-01-5
       S. 3871                             2
    1  MILE  RADIUS  OF THE PROPOSED PROJECT SITE IN QUESTION AND (E) COMMUNITY
    2  BASED ORGANIZATIONS WHO ARE PRINCIPALLY BASED IN THE CATCHMENT AREA THAT
    3  IS CONCURRENT WITH THE PROPOSED  PROJECT  SITE  IN  QUESTION.  THE  TERM
    4  "DIRECT AND PROACTIVE CONSULTATION" SHALL MEAN THE FOLLOWING: THE CORPO-
    5  RATION  AND COMMUNITY ADVISORY COMMITTEES SHALL REACH OUT TO ALL SPECIF-
    6  ICALLY AFFECTED PARTIES WHEN THE PROJECT IS BEING  CONTEMPLATED,  DEVEL-
    7  OPED  AND PROPOSED AND AT EACH SUBSEQUENT STAGE OF SUCH PROPOSED PROJECT
    8  VIA: FIRST CLASS MAIL, E-MAIL AND PHONE, WHERE PRACTICABLE; FURTHER,  AT
    9  EACH STAGE OF THE PROPOSED PROJECT IN QUESTION IN PERSON COMMUNITY PLAN-
   10  NING MEETINGS MUST BE HELD WITH ALL CURRENT TENANTS OF THE SITE IN QUES-
   11  TION,  ELECTED  OFFICIALS AND LOCAL GOVERNMENT SUBSIDIARIES CHARGED WITH
   12  LAND USE/ZONING REVIEW DUTIES. SUCH COMMUNITY PLANNING  MEETINGS,  AT  A
   13  MINIMUM, MUST PROVIDE EACH PARTY WITH AN OPPORTUNITY TO PROPOSE AFFIRMA-
   14  TIVE,  MODIFIED  OR  ENTIRELY DIFFERENT PLANS THAN THOSE CURRENTLY UNDER
   15  CONSIDERATION. IN ADDITION, COMPLEMENTARY CONSULTATION STEPS  MUST  ALSO
   16  BE TAKEN TO REACH THE GENERAL PUBLIC, WHICH SHALL INCLUDE, WITHOUT LIMI-
   17  TATION:  DISTRIBUTING  FLYERS  THAT DESCRIBE THE PROPOSED PROJECT IN THE
   18  AFFECTED AREA, ERECTING LARGE SIGNAGE CONTAINING PROJECT DETAILS AT  THE
   19  PROPOSED  PROJECT  SITE IN QUESTION, ATTENDING AND SPEAKING AT COMMUNITY
   20  MEETINGS WHERE APPROPRIATE AND TAKING OUT FULL PAGE ADVERTISEMENTS IN NO
   21  LESS THAN TWO LOCAL  PAPERS  THAT  ARE  LIKELY  TO  REACH  THE  AFFECTED
   22  PARTIES.    The  corporation  shall  give primary consideration to local
   23  needs and desires and shall foster local initiative and participation in
   24  connection with the planning and development  of  its  projects  AT  ALL
   25  STAGES.  Wherever possible, activities of the corporation shall be coor-
   26  dinated  with  local urban renewal and other community projects, and the
   27  corporation shall assist  localities  in  carrying  out  such  projects.
   28  Consideration  shall also be given to local and regional goals and poli-
   29  cies as expressed in urban renewal, community renewal and local  compre-
   30  hensive land use plans and regional plans.
   31    (2) Except with respect to a project consisting in whole or in part of
   32  real  property  acquired by the corporation pursuant to section fourteen
   33  of this act, before commencing  the  acquisition,  construction,  recon-
   34  struction, rehabilitation, alteration or improvement of any project: (a)
   35  upon  adoption of the general project plan, the corporation shall file a
   36  copy of such plan, including the findings required pursuant  to  section
   37  ten of this act, in its corporate offices and in the office of the clerk
   38  of  any  municipality  in which the project is to be located, AS WELL AS
   39  WITH ALL  "SPECIFICALLY  AFFECTED  PARTIES"  AS  DEFINED  ABOVE.    Upon
   40  request, any other person shall be furnished with a digest of such plan;
   41  (b)  pursuant  to  authorization from the chief executive officer of the
   42  corporation, which authorization may be given prior to the  adoption  of
   43  such plan by the corporation, the corporation shall: (i) publish in [one
   44  newspaper]  TWO  NEWSPAPERS  of  general  circulation within the munici-
   45  pality, (ii) provide to the chief executive officer of the  municipality
   46  within  which  the  project  is  located, and (iii) in any city having a
   47  population of one million or more, [provide to]  ENGAGE  IN  DIRECT  AND
   48  PROACTIVE CONSULTATION, AS DEFINED ABOVE, WITH ALL SPECIFICALLY AFFECTED
   49  PARTIES,  INCLUDING  any  community  board  in which the project will be
   50  located, INCLUDING BY PROVIDING a notice that such plan  will  be  filed
   51  upon  its  adoption  by the corporation and that digests thereof will be
   52  available, which notice shall also state that a public hearing  will  be
   53  held  to  consider  the plan at a specified time and place on a date not
   54  less than [ten] SEVENTY days after such  publication;  THE  SEVENTY  DAY
   55  PERIOD  WILL  COMMENCE  WHEN  THE COMMUNITY BOARDS, AFFECTED TENANTS AND
   56  ELECTED OFFICIALS ALL  CONFIRM  WITH  THE  CORPORATION  THAT  THEY  HAVE
       S. 3871                             3
    1  RECEIVED  NOTICE;  (c)  the  corporation  shall conduct a public hearing
    2  pursuant to such notice,  AND  SHALL  ENGAGE  IN  DIRECT  AND  PROACTIVE
    3  CONSULTATION  WITH  "SPECIFICALLY AFFECTED PARTIES" FOR THE FULL SEVENTY
    4  DAY  PERIOD  TO  ENSURE  MAXIMUM PARTICIPATION AT SUCH HEARING; provided
    5  that such public hearing shall not take place before the adoption or the
    6  filing of such  plan  by  the  corporation;  (d)  [upon]  ALL  TESTIMONY
    7  RECEIVED AT THE HEARING, WHETHER WRITTEN OR DELIVERED ORALLY AND INCLUD-
    8  ING  WRITTEN  TESTIMONY SUBMITTED FOR A PERIOD OF THIRTY DAYS AFTER SUCH
    9  HEARING SHALL BE REVIEWED AND ACTED ON BY THE  CORPORATION.  THE  CORPO-
   10  RATION  SHALL  RESPOND TO EACH SUBSTANTIVE COMMENT IN WRITING, INCLUDING
   11  ALL SUBSTANTIVE NEGATIVE COMMENTS AND SHALL SHARE SUCH RESPONSE DOCUMENT
   12  WITH ALL "SPECIFICALLY AFFECTED PARTIES". IF  A  SIGNIFICANT  AMOUNT  OF
   13  SUBSTANTIVE  NEGATIVE COMMENTS ARE RECEIVED, THE CORPORATION WILL, AFTER
   14  DUE CONSIDERATION OF SUCH TESTIMONY AND COMMENT, AFFIRM, MODIFY OR WITH-
   15  DRAW THE PLAN IN THE MANNER PROVIDED FOR THE INITIAL FILING OF SUCH PLAN
   16  IN PARAGRAPH (A) OF THIS SUBDIVISION. HOWEVER,  BEFORE  THE  CORPORATION
   17  AFFIRMS  THE  PLAN IT MUST HOLD A PUBLIC MEETING WITH THIRTY DAYS NOTICE
   18  AND  DIRECT  AND  PROACTIVE  CONSULTATION  WITH  "SPECIFICALLY  AFFECTED
   19  PARTIES".  AT  SUCH  MEETING, THE CORPORATION MUST EXPLAIN WHY THEY HAVE
   20  NOT MODIFIED OR WITHDRAWN THE PLAN IN RESPONSE TO  SUBSTANTIVE  NEGATIVE
   21  COMMENTS.  UPON  a written finding of the chief executive officer of the
   22  corporation that no substantive negative testimony or comment  has  been
   23  received  at  such public hearing, NOR IN THE THIRTY DAY WRITTEN COMMENT
   24  PERIOD THEREAFTER, such plan shall be effective  at  the  conclusion  of
   25  such  [hearing;  provided,  however,  that  if  any substantive negative
   26  testimony or comment is received at such public hearing, the corporation
   27  may, after due consideration of  such  testimony  and  comment,  affirm,
   28  modify  or  withdraw  the  plan  in  the manner provided for the initial
   29  filing of such plan in paragraph (a) of this subdivision] TIMEFRAME.
   30    (3) After DIRECT AND PROACTIVE consultation with local  officials,  as
   31  provided  in  subdivision  one  of this section, the corporation and any
   32  subsidiary thereof shall, in constructing, reconstructing,  rehabilitat-
   33  ing,  altering or improving any project, comply with the requirements of
   34  local laws, ordinances, codes, charters  or  regulations  applicable  to
   35  such   construction,   reconstruction,   rehabilitation,  alteration  or
   36  improvement, provided however, that  when,  in  the  discretion  of  the
   37  corporation,  such compliance is not feasible or practicable, the corpo-
   38  ration and any subsidiary thereof shall comply with the requirements  of
   39  the  state  building construction code, formulated by the state building
   40  code council pursuant to article eighteen of the executive law, applica-
   41  ble to such construction, reconstruction, rehabilitation, alteration  or
   42  improvement.  In  those  circumstances  where,  in the discretion of the
   43  corporation, such compliance with local laws, ordinances,  codes,  char-
   44  ters  or  regulations is not feasible or practicable, and in the case of
   45  any project where the  corporation  intends  to  acquire  real  property
   46  pursuant  to  section thirteen of this act, the requirements of subdivi-
   47  sion two of this section shall be complied with; provided, however, that
   48  (a) the corporation shall provide a copy of the plan to the chief execu-
   49  tive officer of any municipality within  which  the  project  is  to  be
   50  located,  the  chairman  of the planning board or commission of any such
   51  municipality, or if there is no planning board  or  commission,  to  the
   52  presiding  officer  of the local governing body and in any city having a
   53  population of one million or more, to any community board in  which  the
   54  project is located, and the public hearing to consider the plan required
   55  pursuant  thereto shall be held on thirty days notice following adoption
   56  of the plan by the corporation; SUCH PUBLIC HEARING SHALL CONFORM TO ALL
       S. 3871                             4
    1  OF THE DIRECT AND PROACTIVE CONSULTATION  REQUIREMENTS  AND  THE  PUBLIC
    2  HEARING  REQUIREMENTS  AS  DEFINED  IN  SUBDIVISIONS ONE AND TWO OF THIS
    3  SECTION; (b) any person shall have the opportunity  to  present  written
    4  comments  on  the  plan within thirty days after the public hearing; (c)
    5  any municipality within which the project is to be located, by  majority
    6  vote  of  its  planning board or commission, or in the event there is no
    7  planning board or commission, by majority vote of  its  local  governing
    8  body,  may  recommend approval, disapproval or modification of the plan,
    9  which recommendation shall be submitted in writing  to  the  corporation
   10  within  thirty  days after such hearing; and (d) after due consideration
   11  of such testimony and comments and municipal  recommendations,  if  any,
   12  the  corporation  may  affirm, modify or withdraw the plan in the manner
   13  provided for the initial filing of such plan in paragraph (a) of  subdi-
   14  vision two of this section, provided, however that in the event any such
   15  municipality has recommended disapproval or modification of the plan, as
   16  provided  herein,  the corporation may affirm the plan only by a vote of
   17  two-thirds of the directors thereof  then  in  office.  No  municipality
   18  shall  have  power to modify or change the drawings, plans or specifica-
   19  tions for the construction, reconstruction,  rehabilitation,  alteration
   20  or  improvement  of  any project of the corporation or of any subsidiary
   21  thereof, or the  construction,  plumbing,  heating,  lighting  or  other
   22  mechanical  branch  of  work necessary to complete the work in question,
   23  nor to require that any person, firm or corporation employed on any such
   24  work shall perform any such work in any other or different  manner  than
   25  that  provided by such plans and specifications, nor to require that any
   26  such person, firm or corporation obtain any other or additional authori-
   27  ty, approval, permit or certificate from such municipality  in  relation
   28  to  the  work  being done, and the doing of any such work by any person,
   29  firm or corporation in accordance  with  the  terms  of  such  drawings,
   30  plans,  specifications  or contracts shall not subject said person, firm
   31  or corporation to any liability or penalty,  civil  or  criminal,  other
   32  than  as  may  be  stated  in such contracts or incidental to the proper
   33  enforcement thereof; nor shall any municipality have  power  to  require
   34  the  corporation  or  any  subsidiary  thereof,  or  lessee therefrom or
   35  successor in interest thereto, to obtain any other or additional author-
   36  ity, approval, permit, certificate or certificate of occupancy from such
   37  municipality as a condition of owning, using, maintaining, operating  or
   38  occupying  any  project  acquired, constructed, reconstructed, rehabili-
   39  tated, altered or improved by the corporation or by any subsidiary ther-
   40  eof. The foregoing provisions shall not preclude any  municipality  from
   41  exercising  the right of inspection for the purpose of requiring compli-
   42  ance by any such project with local requirements for operation and main-
   43  tenance, affecting the health, safety and welfare of the occupants ther-
   44  eof, provided, however, that such compliance does not  require  changes,
   45  modifications or additions to the original construction of such project.
   46    (4)  Each  municipality  or  political  subdivision, including but not
   47  limited to a county, city, town,  village  or  district,  in  which  any
   48  project  of  the  corporation  or  of any subsidiary thereof is located,
   49  shall provide for such project, whether then owned by  the  corporation,
   50  any  subsidiary  thereof  or  any successor in interest thereto, police,
   51  fire, sanitation, health protection and other municipal services of  the
   52  same  character and to the same extent as those provided for other resi-
   53  dents of such municipality or political subdivision.
   54    (5) Notwithstanding the provisions of any general,  special  or  local
   55  law  or  charter,  any  municipality or any public corporation is hereby
   56  empowered to purchase or lease for  a  term  not  exceeding  ninety-nine
       S. 3871                             5
    1  years  a  civic project, upon such terms and conditions as may be agreed
    2  upon by such municipality or such  public  corporation  and  the  corpo-
    3  ration.  No agreement for such purchase or lease shall be deemed to be a
    4  contract  for  public work or purchase within the meaning of the general
    5  municipal law. Nothing contained in this subdivision shall be deemed  to
    6  amend  or  supersede  any other provision of law requiring a vote of the
    7  qualified voters of any school district upon a proposed  expenditure  of
    8  funds or incurring of indebtedness by such school district.
    9    (6)  In carrying out any project, the corporation and its subsidiaries
   10  shall be empowered to enter into  contractual  agreements  with  munici-
   11  palities  and  public corporations with respect to the furnishing of any
   12  community, municipal or  public  facilities  or  services  necessary  or
   13  desirable  for  such project, and any municipality or public corporation
   14  is hereby authorized and empowered, notwithstanding any  other  law,  to
   15  enter  into  such  contractual  agreements  with the corporation and its
   16  subsidiaries and to do all things necessary to carry out its obligations
   17  under the same.
   18    S 2. This act shall take effect immediately.