S T A T E   O F   N E W   Y O R K
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                                  4120

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

Introduced  by  M. of A. BRENNAN, COLTON, PHEFFER, MAISEL -- Multi-Spon-
  sored by -- M. of A.  ABBATE, CLARK, DINOWITZ, FARRELL,  GLICK,  GOTT-
  FRIED,  GREENE,  LANCMAN, NOLAN, ROBINSON -- read once and referred to
  the Committee on Cities

AN ACT to amend the New York city charter,  in  relation  to  quorum  at
  public  hearings  held by members of the city planning commission with
  respect to certain uniform land use review matters

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

  Section  1.  Subdivision h of section 197-c of the New York city char-
ter, as amended by local law number 59 of the city of New York  for  the
year 1996, is amended to read as follows:
  h.  Not later than sixty days after expiration of time allowed for the
filing  of  a recommendation or waiver with the city planning commission
by a borough president,  the  commission  shall  approve,  approve  with
modifications,  or  disapprove  the  application.   Any such approval or
approval with modifications of the commission shall require the affirma-
tive vote of at least seven of the members, except that the  affirmative
vote  of  nine  members  shall  be  required  to approve or approve with
modifications an application pursuant to paragraph five, ten  or  eleven
of  subdivision a of this section relating to a new city facility if the
affected borough president recommends against approval of such  applica-
tion  pursuant  to  subdivision  g  of  this section and has proposed an
alternative location in the same borough  for  such  new  city  facility
pursuant to subdivision f or g of section two hundred four.  The commis-
sion shall conduct a public hearing on all applications that are subject
to  review  and  approval  by the commission pursuant to this section. A
QUORUM MUST BE PRESENT AT ALL TIMES DURING  THE  PUBLIC  HEARING.  IF  A
QUORUM  CEASES  TO  EXIST  AT  ANY TIME DURING SUCH HEARING, THE HEARING
SHALL CEASE UNTIL A QUORUM IS RESTORED. THE  REQUIREMENT  FOR  A  PUBLIC
HEARING  SHALL BE DEEMED NOT FULFILLED UNLESS A QUORUM BE PRESENT AT ALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05040-01-9
              

A. 4120                             2

TIMES THAT SUCH HEARING IS CONDUCTED. FOR  THE  PURPOSE  OF  THE  PUBLIC
HEARING AND VOTE OF THE CITY PLANNING COMMISSION REQUIRED BY THIS SUBDI-
VISION,  A  QUORUM  SHALL  CONSIST  OF  A MAJORITY OF THE MEMBERS OF THE
COMMISSION.   Prior to taking any action pursuant to this subdivision on
a matter involving the siting of a capital  project,  the  sale,  lease,
exchange or other disposition or acquisition of real property, a request
for  a  proposal  or  other  solicitation for a franchise or a revocable
consent, the city planning commission  may  obtain  a  report  from  the
office  of  management and budget or the department of citywide adminis-
trative services, as appropriate.   Any  action  of  the  city  planning
commission which modifies or disapproves a written recommendation of the
community board, borough president or borough board shall be accompanied
by a written explanation of its reason for such action.
  S  2.    This act shall take effect immediately and shall apply to any
recommendation filed on or after such effective date.