NY State Senate Bill 2017-S7912

Senate Bill S7912

Vetoed By Governor

2017-2018 Legislative Session

Relates to extending the amount of time between notice of a project and a public hearing

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 21, 2018	vetoed memo.321
Dec 12, 2018	delivered to governor
Jun 18, 2018	returned to senate passed assembly
Jun 11, 2018	ordered to third reading rules cal.56 substituted for a9993a
Jun 04, 2018	referred to ways and means delivered to assembly passed senate
May 22, 2018	advanced to third reading
May 16, 2018	2nd report cal.
May 15, 2018	1st report cal.1245
Apr 23, 2018	print number 7912a
Apr 23, 2018	amend and recommit to corporations, authorities and commissions
Mar 09, 2018	referred to corporations, authorities and commissions

Votes

- Jun 4, 2018 - Floor Vote
  S7912
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  May 15, 2018 - Corporations, Authorities And Commissions Committee Vote
  S7912
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: May 15, 2018
      
      aye (7)
      
      Alcantara
      
      Amedore
      
      Comrie
      
      Kavanagh
      
      Larkin
      
      Ortt
      
      Ranzenhofer

Bill Amendments

Original

A (Active)

2017-S7912 - Details

Law Section:: New York State Urban Development Corporation Act
Laws Affected:: Amd §§6, 8, 14 & 16, UDC Act
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7384
2015-2016: S2415
2019-2020: S1875
2021-2022: S2940
2023-2024: S791

2017-S7912 - Summary

Relates to extending the amount of time between notice of a project and a public hearing.

2017-S7912 - Sponsor Memo

                                
 
BILL NUMBER: S7912

SPONSOR: COMRIE
 
TITLE OF BILL:  An act to amend the New York state urban development
corporation act, in relation to extending the amount of time between
notice of a project and a public hearing

 
PURPOSE:

To ensure that the general public and the community-as well as parties
specifically affected by proposed UDC projects and associated actions-
are given adequate public notice of public hearings so they can attend
and participate therein.

 
SUMMARY OF PROVISIONS:

In relation to the following four Sections of the UDC Act-6(c); 8(z);
4(2); and 16(2)(b)(iii)-the current ten day window between public notice
and public hearing is expanded to thirty days.

EXISTING LAW:

The current provisions of the UDC Act require a minimum of ten days
between public notice and public hearing.

 
JUSTIFICATION:

The public consultation provisions of the UDC Act are dated in time and
simply do not work in a way that empowers and taps into the knowledge
and passion of communities that are affected by massive redevelopment
projects and other associated actions. The law itself, while spelling
out some minor procedural due process guarantees, functions as an abso-
lute rubber stamp in practice. Some examples of the current failings,
with respect to the City of New York include:  the fact that the
projects are developed in secret and not as part of a community planning
process; the fact that the Mayor and the City Clerk are notified about
the project but current residents and tenants who live at work at the
project site are not; while Community Boards are supposed to be notified
about the project before a public hearing occurs thereon, many receive
notice after the fact that the hearing has actually occurred; because of
the fact that a hearing must occur within ten days of Community Board
"notification" most in the community never hear about the project or
have the opportunity to be heard thereon and thus the public hearings
are held in silent halls with no attendance whatsoever. In fact, the
current Chief of Staff for UDC recently stated that it is not uncommon
for no one to show up to UDC hearings. The current ten-day window is a
substantial contributor to this disconcerting phenomenon.  In the rare
times that people do show up to testify, the comments are simply noted
and transcribed; they are never acted upon and the projects are never
amended to reflect them.

In short, the current public consultation provisions of the UDC Act are
entirely inadequate to the statutorily mandated task of actually
consulting with affected parties at the "earliest practicable time" and
giving "primary consideration to local needs and desires" while foster-
ing "local initiative and participation in connection with the planning
and development of its projects." The time is right to give this statu-
tory dicta meaning in the real word application of projects that have
generational consequences in our communities. Ensuring that the general
public, communities and specifically affected parties have thirty days
to actually learn of public hearings-and subsequently mobilize, deliber-
ate, draft and execute meaningful public participation (in the form of
comments, testimony and proposed alternative considerations) in situ-
ations that have direct consequences for their lives is a step forward
in terms of transparency, accountability and good governance.

 
LEGISLATIVE HISTORY:

2015-16: A.7416/S.2415 - Veto Memo No. 214 of 2015
2013-14: A.9798/S.7384- Veto Memo No. 507 of 2014

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2017-S7912 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7912
 
                             I N  S E N A T E
 
                               March 9, 2018
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  extending the amount of time between notice of a project
   and a public hearing

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (c) of section 6 of section 1 of chapter 174 of
 the  laws  of  1968  constituting  the  New York state urban development
 corporation act, is amended to read as follows:
   (c) to any other person, firm,  partnership  or  corporation,  without
 public  bidding  or public sale, provided there is published in at least
 one newspaper of general circulation in the municipality  in  which  the
 project is located a notice which shall include a statement of the iden-
 tity  of  the  proposed  purchaser  or lessee and of his proposed use or
 reuse of the land use improvement project  area  or  applicable  portion
 thereof, the price or rental to be paid by such purchaser or lessee, all
 other essential conditions of such sale or lease, and a statement that a
 public  hearing  upon  such sale or lease will be held before the corpo-
 ration at a specified time and place on a date not less than [ten] THIR-
 TY days after such publication, and provided further  that  such  public
 hearing is held in accordance with such notice.
   §  2.  Subdivision  2  of section 8 of section 1 of chapter 174 of the
 laws of 1968 constituting the New York state  urban  development  corpo-
 ration act is amended to read as follows:
   (2) Before any sale or lease of all or a substantial part of a project
 as  authorized  by subdivision one of this section is consummated, there
 shall be published in at least one newspaper of general  circulation  in
 the  municipality  in  which the project is located a notice which shall
 include a statement of the identity of the proposed purchaser or lessee,
 the price or rental to be paid, all other essential conditions  of  such
 sale  or  lease, and a statement that a public hearing upon such sale or
 lease will be held before the corporation at a specified time and  place
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD08709-01-7

 S. 7912                             2
 
 on  a  date  not less than [ten] THIRTY days after such publication, and
 such hearing shall be held in accordance  with  such  notice;  provided,
 however,  that if the corporation determines that trade secrets or other
 confidential  information  about the prospective purchaser's or lessee's
 business operations, products, processes or designs would  otherwise  be
 revealed  by  such public notice and public hearing, the requirements of
 this subdivision may be waived by unanimous vote of the directors of the
 corporation.
   § 3. Subdivision 2 of section 14 of section 1 of chapter  174  of  the
 laws  of  1968  constituting the New York state urban development corpo-
 ration act, as amended by chapter 576 of the laws of 1969, is amended to
 read as follows:
   (2) Notwithstanding the provisions of any general,  special  or  local
 law  or  charter, any municipality, by resolution of its local governing
 body, is hereby empowered without  referendum,  public  auction,  sealed
 bids  or  public notice, to sell, lease for a term not exceeding ninety-
 nine years, grant or convey to the corporation any real  property  owned
 by  it which the corporation shall certify to be necessary or convenient
 for its corporate purposes. Any such sale, lease,  grant  or  conveyance
 shall  be  made  with  or  without consideration and upon such terms and
 conditions as may be agreed upon by such  municipality  and  the  corpo-
 ration.  Certification  shall  be evidenced by a formal request from the
 president of the corporation. Before any  such  sale,  lease,  grant  or
 conveyance  may  be  made  to the corporation, a public hearing shall be
 held by the local governing body to consider the same.  Notice  of  such
 hearing  shall  be  published at least [ten] THIRTY days before the date
 set for the hearing in such publication and in such  manner  as  may  be
 designated by the local governing body.
   §  4.  Subparagraph (iii) of paragraph (b) of subdivision 2 of section
 16 of section 1 of chapter 174 of the laws of 1968 constituting the  New
 York  state urban development corporation act, as amended by chapter 732
 of the laws of 1990, is amended to read as follows:
   (iii) in any city having a population of one million or more,  provide
 to  any  community  board in which the project will be located, a notice
 that such plan will be filed upon its adoption by  the  corporation  and
 that  digests  thereof  will be available, which notice shall also state
 that a public hearing will be held to consider the plan at  a  specified
 time  and  place  on  a  date not less than [ten] THIRTY days after such
 publication;
   § 5. This act shall take effect immediately.

2017-S7912A (ACTIVE) - Details

Law Section:: New York State Urban Development Corporation Act
Laws Affected:: Amd §§6, 8, 14 & 16, UDC Act
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7384
2015-2016: S2415
2019-2020: S1875
2021-2022: S2940
2023-2024: S791

2017-S7912A (ACTIVE) - Summary

Relates to extending the amount of time between notice of a project and a public hearing.

2017-S7912A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7912A

SPONSOR: COMRIE
 
TITLE OF BILL:  An act to amend the New York state urban development
corporation act, in relation to extending the amount of time between
notice of a project and a public hearing

 
PURPOSE:

To ensure that the general public and the community, as well as parties
specifically affected by proposed Urban Development Corporation (UDC)
projects, are given adequate notice of public hearings so they can
attend and participate.

 
SUMMARY OF PROVISIONS:

In relation to the following four Sections of the UDC Act-6(c); 8(z);
4(2); and 16(2)(b)(iii)-the current ten day window between public notice
and public hearing is expanded to thirty days.

EXISTING LAW:

The current provisions of the UDC Act require a maximum of ten days
between public notice and public hearing.

 
JUSTIFICATION:

The public consultation provisions of the Urban Development Corporation
(UDC) Act disempower communities impacted by massive redevelopment
projects. Under the current provisions, a public hearing must be held
within ten days of publication of notice of a redevelopment project.

Some examples of failings, with respect to the City of New York include:
the fact that projects are developed in secret and not as part of a
community planning process; and the fact that the Mayor and the City
Clerk are notified about projects, but residents who live at project
sites are not. Community Boards are supposed to be notified about a
project before a public hearing occurs; however, more often than not,
they do not learn about a hearing until after it has actually occurred.
It is not uncommon for these public hearings to be held with no attend-
ance whatsoever.

The current ten day period between public notice and hearing is a short
window that often deprives community members of the opportunity to be
heard.

This legislation will expand the current ten day period between notice
of a project and a public hearing to twenty days. This change addresses
concerns expressed by the Governor in past veto messages that longer
windows of time would delay the delivery of economic development assis-
tance.(See Veto No. 507 of 2014 and Veto No. 214 of 2015).

Ensuring that the public, and specifically, affected parties, have addi-
tional time to actually learn of public hearings and subsequently mobi-
lize, draft and execute meaningful public participation (in the form of
comments, testimony and proposed alternative considerations) will
promote transparency, accountability and good governance.

 
LEGISLATIVE HISTORY:
2015-16: A.7416/S.2415 - Veto Memo No. 214 of 2015
2013-14: A.9798/S.7384- Veto Memo No. 507 of 2014

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2017-S7912A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7912--A
 
                             I N  S E N A T E
 
                               March 9, 2018
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and   Commissions  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the New York state urban development corporation act, in
   relation to extending the amount of time between notice of  a  project
   and a public hearing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (c) of section 6 of section 1 of chapter 174 of
 the laws of 1968 constituting  the  New  York  state  urban  development
 corporation act, is amended to read as follows:
   (c)  to  any  other  person, firm, partnership or corporation, without
 public bidding or public sale, provided there is published in  at  least
 one  newspaper  of  general circulation in the municipality in which the
 project is located a notice which shall include a statement of the iden-
 tity of the proposed purchaser or lessee and  of  his  proposed  use  or
 reuse  of  the  land  use improvement project area or applicable portion
 thereof, the price or rental to be paid by such purchaser or lessee, all
 other essential conditions of such sale or lease, and a statement that a
 public hearing upon such sale or lease will be held  before  the  corpo-
 ration at a specified time and place on a date not less than [ten] TWEN-
 TY  days  after  such publication, and provided further that such public
 hearing is held in accordance with such notice.
   § 2. Subdivision 2 of section 8 of section 1 of  chapter  174  of  the
 laws  of  1968  constituting the New York state urban development corpo-
 ration act, is amended to read as follows:
   (2) Before any sale or lease of all or a substantial part of a project
 as authorized by subdivision one of this section is  consummated,  there
 shall  be  published in at least one newspaper of general circulation in
 the municipality in which the project is located a  notice  which  shall
 include a statement of the identity of the proposed purchaser or lessee,
 the  price  or rental to be paid, all other essential conditions of such
 sale or lease, and a statement that a public hearing upon such  sale  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD08709-03-8

 S. 7912--A                          2
 
 lease  will be held before the corporation at a specified time and place
 on a date not less than [ten] TWENTY days after  such  publication,  and
 such  hearing  shall  be  held in accordance with such notice; provided,
 however,  that if the corporation determines that trade secrets or other
 confidential information about the prospective purchaser's  or  lessee's
 business  operations,  products, processes or designs would otherwise be
 revealed by such public notice and public hearing, the  requirements  of
 this subdivision may be waived by unanimous vote of the directors of the
 corporation.
   §  3.  Subdivision  2 of section 14 of section 1 of chapter 174 of the
 laws of 1968 constituting the New York state  urban  development  corpo-
 ration act, as amended by chapter 576 of the laws of 1969, is amended to
 read as follows:
   (2)  Notwithstanding  the  provisions of any general, special or local
 law or charter, any municipality, by resolution of its  local  governing
 body,  is  hereby  empowered  without referendum, public auction, sealed
 bids or public notice, to sell, lease for a term not  exceeding  ninety-
 nine  years,  grant or convey to the corporation any real property owned
 by it which the corporation shall certify to be necessary or  convenient
 for  its  corporate  purposes. Any such sale, lease, grant or conveyance
 shall be made with or without consideration  and  upon  such  terms  and
 conditions  as  may  be  agreed upon by such municipality and the corpo-
 ration. Certification shall be evidenced by a formal  request  from  the
 president  of  the  corporation.  Before  any such sale, lease, grant or
 conveyance may be made to the corporation, a  public  hearing  shall  be
 held  by  the  local governing body to consider the same. Notice of such
 hearing shall be published at least [ten] TWENTY days  before  the  date
 set  for  the  hearing  in such publication and in such manner as may be
 designated by the local governing body.
   § 4. Subparagraph (iii) of paragraph (b) of subdivision 2  of  section
 16  of section 1 of chapter 174 of the laws of 1968 constituting the New
 York state urban development corporation act, as amended by chapter  732
 of the laws of 1990, is amended to read as follows:
   (iii)  in any city having a population of one million or more, provide
 to any community board in which the project will be  located,  a  notice
 that  such  plan  will be filed upon its adoption by the corporation and
 that digests thereof will be available, which notice  shall  also  state
 that  a  public hearing will be held to consider the plan at a specified
 time and place on a date not less than  [ten]  TWENTY  days  after  such
 publication;
   § 5. This act shall take effect immediately.

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