S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1106
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, SERRANO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to  requiring  compliance
   with  the  uniform  land  use  review procedure for the disposition of
   school property in New York city

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 11 and 20 of section 454 of the education law,
 subdivision  11 as added by chapter 999 of the laws of 1966 and subdivi-
 sion 20 as amended by chapter 1036 of the laws of 1971, are  amended  to
 read as follows:
   11.  Subject  to  the  terms  and conditions of any lease, sublease or
 other agreement with third parties and to the determination of the board
 of education that such real property is unnecessary for the  present  or
 foreseeable  future  school  building  needs of the city of New York, to
 surrender to the appropriate city official, for other public use or  for
 sale,  lease  or other disposition in accordance with law, real property
 held by the fund for its corporate  purposes;  PROVIDED,  HOWEVER,  THAT
 PRIOR  TO  ANY SUCH SALE, LEASE OR OTHER DISPOSITION THERE SHALL BE FULL
 COMPLIANCE WITH THE PROVISIONS OF SECTION ONE HUNDRED NINETY-SEVEN-C  OF
 THE  NEW  YORK  CITY CHARTER, RELATING TO UNIFORM LAND USE REVIEW PROCE-
 DURE, OR THE PROVISIONS OF ANY OTHER LOCAL LAW OF THE CITY OF  NEW  YORK
 RELATING THERETO;
   20.  At the request or with the approval of the board of education, to
 grant, sell, license, lease or otherwise transfer without public auction
 or bidding any real property or any rights or interests therein or ther-
 eto, including fee interests, easements, space  rights  or  air  rights,
 held  by  it  and  occupied  or  reserved for school purposes and needed
 therefor, to a private individual or private or public corporation sole-
 ly and exclusively for the purpose of developing and constructing there-
 in or thereon a combined occupancy structure, or a part or portion ther-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06790-01-9

 S. 1106                             2
 
 eof, or for the purpose  of  rehabilitating  or  improving  an  existing
 school to become part of a combined occupancy structure within the mean-
 ing  of  this  article  subject  to  a  prior  and enforceable agreement
 approved  by  the board of education for the reconveyance, retransfer or
 leaseback of the school portion thereof, upon completion,  for  use  and
 occupancy  by  the  said  board  of education in those instances where a
 grant, sale or lease has been made to such private individual or private
 or public corporation; provided, however, that no such  sale,  lease  or
 transfer  of  lands or rights therein or thereto is authorized where the
 development of a combined occupancy structure contemplates the  erection
 of  nonschool  facilities  or  improvements  over an existing playground
 unless such combined occupancy structure to  be  constructed  over  such
 playground  shall  provide playground area at least equal in size to the
 then existing playground area; PROVIDED FURTHER, HOWEVER, THAT PRIOR  TO
 ANY  GRANT,  SALE,  LICENSE, LEASE OR OTHER TRANSFER THERE SHALL BE FULL
 COMPLIANCE WITH THE PROVISIONS OF SECTION ONE HUNDRED NINETY-SEVEN-C  OF
 THE  NEW  YORK  CITY CHARTER, RELATING TO UNIFORM LAND USE REVIEW PROCE-
 DURE, OR THE PROVISIONS OF ANY OTHER LOCAL LAW OF THE CITY OF  NEW  YORK
 RELATING THERETO;
   §  2. Section 471 of the education law, as added by chapter 999 of the
 laws of 1966, is amended to read as follows:
   § 471. Inconsistent provisions of other laws superseded.   Insofar  as
 the  provisions  of this article are inconsistent with the provisions of
 any other general, special or local law, or with the provisions  of  any
 charter  or  ordinance, the provisions of this article shall be control-
 ling; PROVIDED, HOWEVER, THAT THE  PROVISIONS  OF  SECTION  ONE  HUNDRED
 NINETY-SEVEN-C  OF THE NEW YORK CITY CHARTER SHALL APPLY AS SPECIFIED IN
 SUBDIVISIONS ELEVEN AND TWENTY OF SECTION  FOUR  HUNDRED  FIFTY-FOUR  OF
 THIS  ARTICLE;  AND FURTHER PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN
 ARTICLE TEN OF THE EDUCATION LAW SHALL IN ANY WAY SUPERSEDE THE REQUIRE-
 MENTS REGARDING PARENTAL INVOLVEMENT AND THE POWERS AND  DUTIES  OF  THE
 COMMUNITY  DISTRICT  EDUCATION  COUNCIL WITH RESPECT TO PROPOSED SIGNIF-
 ICANT CHANGES IN SCHOOL UTILIZATION, INCLUDING BUT NOT LIMITED TO PHASE-
 OUT, GRADE RECONFIGURATION, RE-SITING OR  CO-LOCATION  OF  SCHOOLS,  AND
 WHICH  SHALL  ALSO  BE  DEEMED  TO  INCLUDE  THE TEMPORARY RELOCATION OF
 STUDENTS THAT WILL RESULT FROM ANY TRANSFER OF AN EXISTING  SCHOOL  SITE
 TO  A DEVELOPER FOR CONSTRUCTION OF A COMBINED OCCUPANCY STRUCTURE.  The
 provisions of this article shall not be deemed to prevent  the  city  of
 New  York  from  financing  the  cost of acquiring, constructing, recon-
 structing, rehabilitating or improving one or more school  buildings  by
 the  issuance  of  bonds  or capital notes pursuant to the local finance
 law.
   § 3. This act shall take effect immediately.