S T A T E   O F   N E W   Y O R K
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                                  5254

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 11, 2015
                               ___________

Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to  the  applica-
  tion and environmental assessment form

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

  Section 1. Section 236 of the general municipal  law,  as  amended  by
chapter 892 of the laws of 1972, is amended to read as follows:
  S  236. General powers. 1. (A) The body creating such planning commis-
sion may, at any time, by ordinance or local law or resolution,  provide
that  the  following  matters,  or  any  one  or  more of them, shall be
referred for report thereon, to such commission by  the  board,  commis-
sion,  commissioner  or other public officer or officers of said city or
village which is the final authority thereon before final action thereon
by such authority: the adoption of any map  or  plan  of  said  city  or
incorporated  village,  or part thereof, including drainage and sewer or
water system plans or maps, and plans  or  maps  for  any  public  water
front, or marginal street, or public structure upon, in or in connection
with  such  front  or  street, or for any dredging, filling or fixing of
lines with relation to said front; any change of any such maps or plans;
the location of any public structure upon, in or in connection with,  or
fixing  lines  with  relation  to said front; the location of any public
building, bridge, statue or monument, highway,  park,  parkway,  square,
playground  or  recreation  ground, or public open place of said city or
village. In default of any such ordinance, local law or  resolution  all
of said matters shall be so referred to said planning commission.
  (B)  The  body  creating such planning commission may, at any time, by
ordinance, local law or resolution, fix the time within which such plan-
ning commission shall report upon any matter or class of matters  to  be
referred to it, with or without the further provision that in default of
report  within  the time so fixed, the planning commission shall forfeit

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04868-01-5
              

S. 5254                             2

the right further to suspend action, as aforesaid  with  regard  to  the
particular matter upon which it has so defaulted. In default of any such
ordinance,  local law or resolution, no such action shall be taken until
such  report is so received, and no adoption, change, fixing or location
as aforesaid by said final authority, prior thereto, shall be valid.  No
ordinance,  local  law or resolution shall deprive said planning commis-
sion of its right or relieve it of its duty, to report, at such time  as
it deems proper upon any matter at any time referred to it.
  2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
THE PROVISIONS OF LAW, RULES AND REGULATIONS IN EFFECT ON  THE  DATE  AN
APPLICATION AND AN ENVIRONMENTAL ASSESSMENT FORM ARE FILED WITH AN AGEN-
CY,  RELATING  TO A PROPOSED ACTION, SHALL REMAIN IN EFFECT AND CONTINUE
TO APPLY TO THE REVIEW OF SUCH ACTION UNTIL THE FINAL  DECISION  OF  ALL
AGENCIES HAVING APPROVAL AUTHORITY AND ANY APPEALS THEREOF.
  3.  This section shall not be construed as intended to limit or impair
the power of any art commission, park commission or commissioner, now or
hereafter existing by virtue of any provision of law, to refuse  consent
to  the acceptance by any municipality of the gift of any work of art to
said municipality, without reference of the matter,  by  reason  of  its
proposed  location  or otherwise, to said planning commission. Nor shall
this section be construed as intended to limit or impair any other power
of any such art commission or affect the same, except in so  far  as  it
provides  for  reference  or report, or both, on any matter before final
action thereon by said art commission.
  S 2. This act shall take effect immediately.