S T A T E O F N E W Y O R K
________________________________________________________________________
2209
2017-2018 Regular Sessions
I N S E N A T E
January 12, 2017
___________
Introduced by Sen. BRESLIN -- 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, the town law, the state tech-
nology law and the executive law, in relation to provision of
geographic information system mapping for strategic planning and
municipal study assistance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 237 of the general municipal law, as added by chap-
ter 699 of the laws of 1913, is amended to read as follows:
§ 237. Maps and recommendations. Such planning commission may cause to
be made a map or maps of said city or village or any portion thereof, or
of any land outside the limits of said city or village so near or so
related thereto that in the opinion of said planning commission it
should be so mapped. Such plans may show not only such matters as by
law have been or may be referred to the planning commission, but also
any and all matters and things with relation to the plan of said city or
village which to said planning commission seem necessary and proper,
including recommendations and changes suggested by it; and any report at
any time made, may include any of the above. Such planning commission
may obtain expert assistance in the making of any such maps or reports,
or in the investigations necessary and proper with relation thereto.
SUCH PLANNING COMMISSION MAY ALSO REQUEST ASSISTANCE FROM THE OFFICE OF
INFORMATION TECHNOLOGY SERVICES, WHICH SHALL ASSIST WITH ANY MAPPING OF
SAID CITY OR VILLAGE OR ANY PORTION THEREOF, WHERE SUCH A REQUEST IS
MADE IN ORDER FOR SAID CITY OR VILLAGE TO MAKE ANY STRATEGIC DEVELOPMENT
OR POLICY DECISIONS, UPON A SHOWING OF NEED BY THE CITY OR VILLAGE UPON
REQUEST BY THE OFFICE AS DEFINED BY SECTION ONE HUNDRED THREE OF THE
STATE TECHNOLOGY LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07533-01-7
S. 2209 2
§ 2. Paragraph (d) of subdivision 3 of section 239-c of the general
municipal law, as added by chapter 451 of the laws of 1997, is amended
to read as follows:
(d) County studies. The county planning board may undertake studies
relevant to the future growth, development, and protection of the county
and municipalities therein, including studies in support of a county
comprehensive plan. FOR ANY SUCH STUDIES THAT REQUIRE STRATEGIC PLAN-
NING AND CONSULTATION OF OFFICIAL OR UNOFFICIAL MAPS OF THE COUNTY, THE
COUNTY PLANNING BOARD MAY REQUEST ASSISTANCE FROM THE OFFICE OF INFORMA-
TION TECHNOLOGY SERVICES, WHICH SHALL ASSIST WITH ANY MAPPING, UPON A
SHOWING OF NEED BY THE COUNTY PLANNING BOARD UPON REQUEST BY THE OFFICE
AS DEFINED BY SECTION ONE HUNDRED THREE OF THE STATE TECHNOLOGY LAW.
§ 3. Section 273 of the town law, as amended by chapter 486 of the
laws of 1956, is amended to read as follows:
§ 273. Official map, changes. Such town board is authorized and
empowered, whenever and as often as it may deem it for the public inter-
est, to change or add to the official map of the town so as to lay out
new streets, highways, drainage systems or parks, or to widen or close
existing streets, highways, drainage systems or parks within that part
of the town outside the limits of any incorporated city or village. At
least ten days' notice of a public hearing on any proposed action with
reference to any such change in the official map shall be published in a
newspaper of general circulation in such town. Before making any such
addition or change, the town board shall refer the matter to the plan-
ning board for report thereon, but if the planning board shall not make
its report within thirty days of such reference, it shall forfeit the
right further to suspend action. Such additions and changes, when
adopted, shall become a part of the official map of the town, and shall
be deemed to be final and conclusive with respect to the location of the
streets, highways, drainage systems and parks shown thereon. The layout,
widening or closing, or the approval of the layout, widening or closing,
of streets, highways, drainage systems or parks, by the town board, or
the town superintendent of highways, under provisions of law other than
those contained in this article, shall be deemed to be an addition or
change of the official map, and shall be subject to all the provisions
of this article with regard to such additions or changes. FOR ANY SUCH
ADDITION OR CHANGE THAT IS MADE AS PART OF A STRATEGIC DEVELOPMENT OR
POLICY, THE PLANNING BOARD MAY REQUEST ASSISTANCE FROM THE OFFICE OF
INFORMATION TECHNOLOGY SERVICES, WHICH SHALL ASSIST WITH ANY MAPPING,
UPON A SHOWING OF NEED BY THE PLANNING BOARD UPON REQUEST BY THE OFFICE
AS DEFINED BY SECTION ONE HUNDRED THREE OF THE STATE TECHNOLOGY LAW.
§ 4. Section 103 of the state technology law is amended by adding a
new subdivision 7-b to read as follows:
7-B. TO PROVIDE TECHNOLOGY SERVICES INCLUDING GEOGRAPHIC INFORMATION
SYSTEM MAPPING UPON REQUEST BY ANY MUNICIPALITY, PROVIDED THAT THE
OFFICE MAY REQUEST A SHOWING OF NEED FROM ANY MUNICIPALITY. FOR PURPOSES
OF THIS SECTION, A SHOWING OF NEED SHALL BE APPROVED IF THE MUNICIPALITY
DEMONSTRATES THAT TECHNICAL ASSISTANCE IN PROVIDING GEOGRAPHIC INFORMA-
TION SYSTEM MAPPING BY THE OFFICE WILL ASSIST THE MUNICIPALITY IN MAKING
STRATEGIC DEVELOPMENT OR POLICY DETERMINATIONS INVOLVING A REVIEW OF
FLOOR SPACE USAGE WITHIN ITS GEOGRAPHIC BORDERS AND BUSINESS, EMPLOY-
MENT, AND OTHER CAPACITY USAGE INFORMATION.
§ 5. The executive law is amended by adding a new section 105-a to
read as follows:
§ 105-A. MUNICIPAL STUDY ASSISTANCE. THE COMMISSIONER SHALL CAUSE THE
DEPARTMENT TO OFFER, IN CONJUNCTION WITH THE OFFICE OF INFORMATION TECH-
S. 2209 3
NOLOGY SERVICES, A PROGRAM OR SYSTEM THAT SHALL ASSIST COUNTIES OR MUNI-
CIPALITIES IN THE CONDUCTING OF A STUDY OF THE TOTAL USAGE OF FLOOR
SPACE WITHIN THE GIVEN COUNTY OR MUNICIPAL BORDERS. SUCH PROGRAM OR
SYSTEM SHALL INCLUDE BUT NOT BE LIMITED TO TECHNICAL ASSISTANCE, METHO-
DOLOGICAL SUPPORT, AND ANY TECHNOLOGY SERVICES THAT ARE DEEMED TO BE
USEFUL TO A COUNTY OR MUNICIPALITY CAUSING SUCH A STUDY TO BE TAKEN.
THE USE OF SUCH PROGRAM OR SYSTEM SHALL ONLY BE USED WHERE THE PURPOSE
OF SUCH STUDY SHALL BE TO DETERMINE THE TOTAL FLOOR SPACE AVAILABLE
WITHIN A GIVEN SUBDIVISION, THE PERCENTAGE OF FLOOR SPACE USED FOR RESI-
DENTIAL, COMMERCIAL, AND INDUSTRIAL PURPOSES, AND THE CREATION OF ANY
STRATEGIC PLAN RELATED TO RESPONSES ON SUCH FLOOR SPACE STUDY.
§ 6. This act shall take effect on the ninetieth day after it shall
have become a law.