NY State Senate Bill 2017-S3476

Senate Bill S3476

2017-2018 Legislative Session

Relates to siting requirements for the New York city school construction authority's leasing program

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Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to corporations, authorities and commissions
Jan 23, 2017	referred to corporations, authorities and commissions

co-Sponsors

2017-S3476 (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1731 & 1732, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1354
2011-2012: S3438
2013-2014: S594
2015-2016: S3962, S3002
2019-2020: S1978, S2146
2021-2022: S1230
2023-2024: S1405

2017-S3476 (ACTIVE) - Summary

Relates to siting requirements for the New York city school construction authority's leasing program.

2017-S3476 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3476

 TITLE OF BILL :  An act to amend the public authorities law, in
relation to siting requirements for the New York city school
construction authority's leasing program

 PURPOSE OR GENERAL IDEA OF BILL :

The School Construction Authority's leasing program does not follow
some of the important procedural steps that are required with new
school construction. These provisions help protect the health of our
children. This bill clarifies the School Construction Authority's
responsibilities.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends subdivision 1 of section 1731 of the public
authorities law to clarify that the School Construction Authority is
required to submit site plans whenever it leases property for a
school, as it already does when it buys or builds such property,
except for certain, specified short-term leases.

Section 2 amends subdivision 1 of section 1732 of the public
authorities law to clarify that a new lease also requires that the
site plan be submitted to the mayor and council for review.

 JUSTIFICATION :

In 1997 the School Construction Authority spent millions leasing and
renovating a dry cleaning factory as a site for school children,. The
school had to be abandoned, and those millions were wasted, as it was
discovered that the children were being exposed to hazardous chemical
fumes site plans, which enable community notice and environmental
review, provide an opportunity to avoid such mishaps.

The SCA is currently planning to lease Over 30 existing buildings
across New York City. In the past, schools have been sited on
contaminated properties Exposure to toxic chemicals can lead to
behavioral problems, teaming disabilities and decreased for children.
Whether a building is leased or newly constructed, environmental
hazards can pose serious risks to a school's occupants.

 PRIOR LEGISLATIVE HISTORY :

2016: Died in Corporations, Authorities and Commissions
2015: Died in Corporations, Authorities and Commissions
2014: Senate Bill #594 (Gianaris) - Died in Senate Corporations,
Author- ities and Commissions Committee.
2012: Senate Bill #3438 (Gianaris) - Died in Senate Corporations,
Authorities and Commissions Committee
2012: Assembly Bill #1762 (Nolan) Died in Assembly Corporations,
Authorities and Commissions Committee
2010: Senate Bill #1354-A (Oppenheimer) - Died in Senate Rules
Committee
2010: Assembly Bill #1865 (Nolan) - Passed Assembly 137-1 (6/23/10);
Passed Assembly 141-2 (3/1/10)
2008: Senate Bill #7127 (Sabini) - Died in Senate Corporations,
Authorities and Commissions Committee
2008: Assembly Bill #8838 (Nolan) - Passed Assembly 140-1 (4/30/08);
Passed Assembly 150-0 (6/20/07)

 FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S3476 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3476
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced by Sens. GIANARIS, KRUEGER -- read twice and ordered printed,
   and  when  printed  to  be committed to the Committee on Corporations,
   Authorities and Commissions
 
 AN ACT to amend the  public  authorities  law,  in  relation  to  siting
   requirements  for  the  New  York city school construction authority's
   leasing program

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 1731 of the public authorities
 law, as amended by chapter 285 of the laws of 2014, is amended  to  read
 as follows:
   1.  Prior  to the commencing of new construction or building additions
 of an educational facility, or the acquisition of real property  or  any
 interest therein for such purpose, INCLUDING THE LEASING OF ANY BUILDING
 OR  PROPERTY,  the  authority shall file a copy of the site plan of such
 facility in its offices and shall provide a copy  thereof  to  the  city
 board,  the  city  planning commission and the community school district
 education council and the community board of the district in  which  the
 facility  will  be  located.  Such  plan shall include data on projected
 student population for the community school district  or  districts  and
 the  community board or boards affected, the source of that data and the
 reason the proposed action is necessary and how such  plan  factors  and
 accounts  for  student  population  projections. Upon request, any other
 person shall be furnished with such  plan  or  a  summary  thereof.  The
 authority  shall  publish  in  a newspaper of general circulation in the
 city a notice of the filing of such plan and  the  availability  of  the
 plan  and a summary thereof. Such plan shall include, in the case of any
 project for which the acquisition of real property or  interest  therein
 is  proposed,  the recommended site, any alternate sites considered, and
 any rationale as to why the alternate sites were not selected.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07245-01-7

 S. 3476                             2
 
   § 2. Subdivision 1 of section 1732 of the public authorities  law,  as
 amended  by  chapter  562  of  the  laws  of 1990, is amended to read as
 follows:
   1.  Following  the hearings held pursuant to section seventeen hundred
 thirty-one of this title, but prior to initiating  construction  of  new
 educational facilities, OR PRIOR TO LEASING ANY BUILDING OR PROPERTY FOR
 SUCH  PURPOSE, the authority shall submit the site plan of such projects
 to the mayor and the council for review, provided,  however,  that  such
 review shall be limited to the site selected for the project.
   § 3. This act shall take effect immediately.

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Senate Bill S3476

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Sponsored By

Michael Gianaris