NY State Senate Bill 2019-S2146

Senate Bill S2146

2019-2020 Legislative Session

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

download bill text pdf

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 08, 2020	referred to corporations, authorities and commissions
Jan 22, 2019	referred to corporations, authorities and commissions

2019-S2146 (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
2017-2018: S3067, S3476
2021-2022: S1230
2023-2024: S1405

2019-S2146 (ACTIVE) - Summary

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

2019-S2146 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2146

SPONSOR: GIANARIS
 
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 responsibil-
ities.

 
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:

2018: Died in Corporations, Authorities and Commissions
2017: Died in Corporations, Authorities and Commissions
2016: Died in Corporations, Authorities and Commissions
2015: Died in Corporations, Authorities and Commissions
2014: Senate Bill 594 (Gianaris) - Died in Senate Corporations, Authori-
ties and Commissions Committee.
2012: Senate Bill 3438 (Gianaris) - Died in Senate Corporations, Author-
ities and Commissions Committee
2012: Assembly Bill 1762 (Nolan) Died in Assembly Corporations, Authori-
ties 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, Authori-
ties 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.

2019-S2146 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2146
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2019
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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.
                                                            LBD04047-01-9

 S. 2146                             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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