NY State Senate Bill 2019-S2788

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to corporations, authorities and commissions
Jan 29, 2019	referred to corporations, authorities and commissions

2019-S2788 (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: New York State Urban Development Corporation Act
Laws Affected:: Amd §16, UDC Act
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7260
2015-2016: S3871
2017-2018: S6249
2021-2022: S5831
2023-2024: S6286

2019-S2788 (ACTIVE) - Summary

Relates to consultation with affected parties on certain projects.

2019-S2788 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2788

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the New York state urban development corporation act, in
relation to consultation with affected parties on certain projects

 
PURPOSE:

To ensure that the Urban Development Corporation (UDC)-in the course of
proposing, planning, designing and executing projects-works directly
with the affected community and specifically affected parties that have
a substantive, pertinent and vested interest in the project and how it
will affect the community.

 
SUMMARY OF PROVISIONS:

The following changes to Section i6 of the UDC Act are proposed:

UDC is required to directly and proactively consult with "Specifically

Affected Parties," at all stages of a proposed project, including the
development, planning and proposal stages of such projects.

"Specifically Affected Parties" are defined as: (1) Current tenants or
occupants of the proposed project site, (2) All elected officials that
geographically represent the proposed project site, (3) All local
government subsidiaries charged with land use/zoning review duties with-
in the proposed project site, (4) The community, minimally operational-
ized as residents who live within a five mile radius of the proposed
project site and (5) Community based organizations who are principally
based in the catchment area that is concurrent with the proposed project
site.

Consultation with the aforementioned parties is mandated at all stages
of contemplated projects and must include: reaching out to all "Specif-
ically Affected Parties" by first class mail, e-mail and phone; holding
community planning meetings, where affected parties can engage in true
collaboration and community planning, including the opportunity to
propose affirmative, modified or alternative plans. Enhanced UDC
outreach provisions with respect to the general public are mandated,
which include: distributing flyers concerning the proposed project,
erecting signage at the proposed project site, attending and speaking at
community meetings and taking out full page advertisements in two papers
of specific circulation to the community affected by the project.

Provides for a seventy day timeframe between General Project Plan (GPP)
approval by the UDC Board of Directors and communication of same to the
"Specifically Affected Parties," including the relevant Community
Board(s) where the project is located-before a public hearing is held
thereon. Also specifies that the seventy day timeframe commences when
the "Specifically Affected Parties," including the Community Board
receives notification and confirms such with UDC, not when it is
originally mailed. Direct and proactive consultation with "Specifically
Affected Parties" shall occur during this seventy day time period.

Provides that UDC must act on all testimony received at public hearings.
Specifically, they must respond to each substantive comment in writing,
including "substantive negative comments" and share these responses with
"Specifically Affected Parties." If UDC decides to affirm the proposed
plan without incorporating changes, they must hold a public meeting with
the "Specifically Affected Parties" and explain why they have not modi-
fied or withdrawn the plan in response to substantive negative comments.

 
EXISTING LAW:

Section 16 of the UDC Act of 1968 and amendments thereto spell out a
exceptionally limited, narrowly defined and mechanically executed public
consultation process that acts, in practice, as mere ornamentation for
speedy approval of projects, the details of which are decided in advance
and fast-tracked without substantively engaging the affected community.

 
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. The law itself, while spelling out some minor procedural due
process guarantees, functions as an absolute 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. 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.

 
LEGISLATIVE HISTORY:

S6249 COMRIE No Same as

 
FISCAL IMPLICATIONS:

Minor, if any at all.

 
LOCAL FISCAL IMPLICATIONS:

None noted.

 
EFFECTIVE DATE:
Immediately.

2019-S2788 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2788
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 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 consultation with affected parties on certain projects

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 16 of section 1 of chapter 174 of the laws of  1968
 constituting  the  New  York  state  urban  development corporation act,
 subdivisions 2 and 3 as amended by chapter 732 of the laws of  1990  and
 subdivision  5  as  amended and subdivision 6 as added by chapter 847 of
 the laws of 1971, is amended to read as follows:
   §  16.  Cooperation  with  municipalities.  (1)  In  effectuating  the
 purposes  of this act, the corporation and community advisory committees
 created pursuant to section  four  of  this  act  shall  work  [closely,
 consult  and  cooperate]  DIRECTLY  with  local elected officials [and],
 community leaders AND SPECIFICALLY  AFFECTED  PARTIES  at  the  earliest
 practicable  time,  INCLUDING BEFORE PROJECTS ARE PROPOSED, DURING THEIR
 DEVELOPMENT AND WHEN THEY ARE PRESENTED TO THE GENERAL PUBLIC.  WHENEVER
 A  PROJECT  IS  PROPOSED,  AND AT EACH SUBSEQUENT STAGE OF SUCH PROPOSED
 PROJECT, INCLUDING, WITHOUT LIMITATION: BOARD MEETINGS, BOARD APPROVALS,
 PUBLIC MEETINGS AND PUBLIC HEARINGS THE CORPORATION AND COMMUNITY  ADVI-
 SORY  COMMITTEES  SHALL ENGAGE IN DIRECT AND PROACTIVE CONSULTATION WITH
 ALL AFFECTED  PARTIES,  INCLUDING  "SPECIFICALLY  AFFECTED  PARTIES"  AS
 DEFINED BELOW. FOR PURPOSES OF THIS ACT, THE TERM "SPECIFICALLY AFFECTED
 PARTIES"  SHALL HAVE THE FOLLOWING MEANING: (A) CURRENT TENANTS OR OCCU-
 PANTS OF THE PROPOSED PROJECT SITE IN QUESTION, (B)  ALL  ELECTED  OFFI-
 CIALS  THAT  GEOGRAPHICALLY REPRESENT THE PROPOSED PROJECT SITE IN QUES-
 TION, (C) ALL LOCAL GOVERNMENT SUBSIDIARIES CHARGED WITH LAND USE/ZONING
 REVIEW DUTIES WITHIN THE PROPOSED PROJECT  SITE  IN  QUESTION,  (D)  THE
 COMMUNITY, MINIMALLY OPERATIONALIZED AS RESIDENTS WHO LIVE WITHIN A FIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03052-01-9

 S. 2788                             2
 
 MILE  RADIUS  OF THE PROPOSED PROJECT SITE IN QUESTION AND (E) COMMUNITY
 BASED ORGANIZATIONS WHO ARE PRINCIPALLY BASED IN THE CATCHMENT AREA THAT
 IS CONCURRENT WITH THE PROPOSED  PROJECT  SITE  IN  QUESTION.  THE  TERM
 "DIRECT AND PROACTIVE CONSULTATION" SHALL MEAN THE FOLLOWING: THE CORPO-
 RATION  AND COMMUNITY ADVISORY COMMITTEES SHALL REACH OUT TO ALL SPECIF-
 ICALLY AFFECTED PARTIES WHEN THE PROJECT IS BEING  CONTEMPLATED,  DEVEL-
 OPED  AND PROPOSED AND AT EACH SUBSEQUENT STAGE OF SUCH PROPOSED PROJECT
 VIA: FIRST CLASS MAIL, E-MAIL AND PHONE, WHERE PRACTICABLE; FURTHER,  AT
 EACH STAGE OF THE PROPOSED PROJECT IN QUESTION IN PERSON COMMUNITY PLAN-
 NING MEETINGS MUST BE HELD WITH ALL CURRENT TENANTS OF THE SITE IN QUES-
 TION,  ELECTED  OFFICIALS AND LOCAL GOVERNMENT SUBSIDIARIES CHARGED WITH
 LAND USE/ZONING REVIEW DUTIES. SUCH COMMUNITY PLANNING  MEETINGS,  AT  A
 MINIMUM, MUST PROVIDE EACH PARTY WITH AN OPPORTUNITY TO PROPOSE AFFIRMA-
 TIVE,  MODIFIED  OR  ENTIRELY DIFFERENT PLANS THAN THOSE CURRENTLY UNDER
 CONSIDERATION. IN ADDITION, COMPLEMENTARY CONSULTATION STEPS  MUST  ALSO
 BE TAKEN TO REACH THE GENERAL PUBLIC, WHICH SHALL INCLUDE, WITHOUT LIMI-
 TATION:  DISTRIBUTING  FLYERS  THAT DESCRIBE THE PROPOSED PROJECT IN THE
 AFFECTED AREA, ERECTING LARGE SIGNAGE CONTAINING PROJECT DETAILS AT  THE
 PROPOSED  PROJECT  SITE IN QUESTION, ATTENDING AND SPEAKING AT COMMUNITY
 MEETINGS WHERE APPROPRIATE AND TAKING OUT FULL PAGE ADVERTISEMENTS IN NO
 LESS THAN TWO LOCAL  PAPERS  THAT  ARE  LIKELY  TO  REACH  THE  AFFECTED
 PARTIES.    The  corporation  shall  give primary consideration to local
 needs and desires and shall foster local initiative and participation in
 connection with the planning and development  of  its  projects  AT  ALL
 STAGES.  Wherever possible, activities of the corporation shall be coor-
 dinated  with  local urban renewal and other community projects, and the
 corporation shall assist  localities  in  carrying  out  such  projects.
 Consideration  shall also be given to local and regional goals and poli-
 cies as expressed in urban renewal, community renewal and local  compre-
 hensive land use plans and regional plans.
   (2) Except with respect to a project consisting in whole or in part of
 real  property  acquired by the corporation pursuant to section fourteen
 of this act, before commencing  the  acquisition,  construction,  recon-
 struction, rehabilitation, alteration or improvement of any project: (a)
 upon  adoption of the general project plan, the corporation shall file a
 copy of such plan, including the findings required pursuant  to  section
 ten of this act, in its corporate offices and in the office of the clerk
 of  any  municipality  in which the project is to be located, AS WELL AS
 WITH ALL  "SPECIFICALLY  AFFECTED  PARTIES"  AS  DEFINED  ABOVE.    Upon
 request, any other person shall be furnished with a digest of such plan;
 (b)  pursuant  to  authorization from the chief executive officer of the
 corporation, which authorization may be given prior to the  adoption  of
 such plan by the corporation, the corporation shall: (i) publish in [one
 newspaper]  TWO  NEWSPAPERS  of  general  circulation within the munici-
 pality, (ii) provide to the chief executive officer of the  municipality
 within  which  the  project  is  located, and (iii) in any city having a
 population of one million or more, [provide to]  ENGAGE  IN  DIRECT  AND
 PROACTIVE CONSULTATION, AS DEFINED ABOVE, WITH ALL SPECIFICALLY AFFECTED
 PARTIES,  INCLUDING  any  community  board  in which the project will be
 located, INCLUDING BY PROVIDING 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] SEVENTY days after such  publication;  THE  SEVENTY  DAY
 PERIOD  WILL  COMMENCE  WHEN  THE COMMUNITY BOARDS, AFFECTED TENANTS AND
 ELECTED OFFICIALS ALL  CONFIRM  WITH  THE  CORPORATION  THAT  THEY  HAVE

 S. 2788                             3
 
 RECEIVED  NOTICE;  (c)  the  corporation  shall conduct a public hearing
 pursuant to such notice,  AND  SHALL  ENGAGE  IN  DIRECT  AND  PROACTIVE
 CONSULTATION  WITH  "SPECIFICALLY AFFECTED PARTIES" FOR THE FULL SEVENTY
 DAY  PERIOD  TO  ENSURE  MAXIMUM PARTICIPATION AT SUCH HEARING; provided
 that such public hearing shall not take place before the adoption or the
 filing of such  plan  by  the  corporation;  (d)  [upon]  ALL  TESTIMONY
 RECEIVED AT THE HEARING, WHETHER WRITTEN OR DELIVERED ORALLY AND INCLUD-
 ING  WRITTEN  TESTIMONY SUBMITTED FOR A PERIOD OF THIRTY DAYS AFTER SUCH
 HEARING SHALL BE REVIEWED AND ACTED ON BY THE  CORPORATION.  THE  CORPO-
 RATION  SHALL  RESPOND TO EACH SUBSTANTIVE COMMENT IN WRITING, INCLUDING
 ALL SUBSTANTIVE NEGATIVE COMMENTS AND SHALL SHARE SUCH RESPONSE DOCUMENT
 WITH ALL "SPECIFICALLY AFFECTED PARTIES". IF  A  SIGNIFICANT  AMOUNT  OF
 SUBSTANTIVE  NEGATIVE COMMENTS ARE RECEIVED, THE CORPORATION WILL, AFTER
 DUE CONSIDERATION OF SUCH TESTIMONY AND COMMENT, AFFIRM, MODIFY OR WITH-
 DRAW THE PLAN IN THE MANNER PROVIDED FOR THE INITIAL FILING OF SUCH PLAN
 IN PARAGRAPH (A) OF THIS SUBDIVISION. HOWEVER,  BEFORE  THE  CORPORATION
 AFFIRMS  THE  PLAN IT MUST HOLD A PUBLIC MEETING WITH THIRTY DAYS NOTICE
 AND  DIRECT  AND  PROACTIVE  CONSULTATION  WITH  "SPECIFICALLY  AFFECTED
 PARTIES".  AT  SUCH  MEETING, THE CORPORATION MUST EXPLAIN WHY THEY HAVE
 NOT MODIFIED OR WITHDRAWN THE PLAN IN RESPONSE TO  SUBSTANTIVE  NEGATIVE
 COMMENTS.  UPON  a written finding of the chief executive officer of the
 corporation that no substantive negative testimony or comment  has  been
 received  at  such public hearing, NOR IN THE THIRTY DAY WRITTEN COMMENT
 PERIOD THEREAFTER, such plan shall be effective  at  the  conclusion  of
 such  [hearing;  provided,  however,  that  if  any substantive negative
 testimony or comment is received at such public hearing, the corporation
 may, after due consideration of  such  testimony  and  comment,  affirm,
 modify  or  withdraw  the  plan  in  the manner provided for the initial
 filing of such plan in paragraph (a) of this subdivision] TIMEFRAME.
   (3) After DIRECT AND PROACTIVE consultation with local  officials,  as
 provided  in  subdivision  one  of this section, the corporation and any
 subsidiary thereof shall, in constructing, reconstructing,  rehabilitat-
 ing,  altering or improving any project, comply with the requirements of
 local laws, ordinances, codes, charters  or  regulations  applicable  to
 such   construction,   reconstruction,   rehabilitation,  alteration  or
 improvement, provided however, that  when,  in  the  discretion  of  the
 corporation,  such compliance is not feasible or practicable, the corpo-
 ration and any subsidiary thereof shall comply with the requirements  of
 the  state  building construction code, formulated by the state building
 code council pursuant to article eighteen of the executive law, applica-
 ble to such construction, reconstruction, rehabilitation, alteration  or
 improvement.  In  those  circumstances  where,  in the discretion of the
 corporation, such compliance with local laws, ordinances,  codes,  char-
 ters  or  regulations is not feasible or practicable, and in the case of
 any project where the  corporation  intends  to  acquire  real  property
 pursuant  to  section thirteen of this act, the requirements of subdivi-
 sion two of this section shall be complied with; provided, however, that
 (a) the corporation shall provide a copy of the plan to the chief execu-
 tive officer of any municipality within  which  the  project  is  to  be
 located,  the  chairman  of the planning board or commission of any such
 municipality, or if there is no planning board  or  commission,  to  the
 presiding  officer  of the local governing body and in any city having a
 population of one million or more, to any community board in  which  the
 project is located, and the public hearing to consider the plan required
 pursuant  thereto shall be held on thirty days notice following adoption
 of the plan by the corporation; SUCH PUBLIC HEARING SHALL CONFORM TO ALL

 S. 2788                             4
 
 OF THE DIRECT AND PROACTIVE CONSULTATION  REQUIREMENTS  AND  THE  PUBLIC
 HEARING  REQUIREMENTS  AS  DEFINED  IN  SUBDIVISIONS ONE AND TWO OF THIS
 SECTION; (b) any person shall have the opportunity  to  present  written
 comments  on  the  plan within thirty days after the public hearing; (c)
 any municipality within which the project is to be located, by  majority
 vote  of  its  planning board or commission, or in the event there is no
 planning board or commission, by majority vote of  its  local  governing
 body,  may  recommend approval, disapproval or modification of the plan,
 which recommendation shall be submitted in writing  to  the  corporation
 within  thirty  days after such hearing; and (d) after due consideration
 of such testimony and comments and municipal  recommendations,  if  any,
 the  corporation  may  affirm, modify or withdraw the plan in the manner
 provided for the initial filing of such plan in paragraph (a) of  subdi-
 vision two of this section, provided, however that in the event any such
 municipality has recommended disapproval or modification of the plan, as
 provided  herein,  the corporation may affirm the plan only by a vote of
 two-thirds of the directors thereof  then  in  office.  No  municipality
 shall  have  power to modify or change the drawings, plans or specifica-
 tions for the construction, reconstruction,  rehabilitation,  alteration
 or  improvement  of  any project of the corporation or of any subsidiary
 thereof, or the  construction,  plumbing,  heating,  lighting  or  other
 mechanical  branch  of  work necessary to complete the work in question,
 nor to require that any person, firm or corporation employed on any such
 work shall perform any such work in any other or different  manner  than
 that  provided by such plans and specifications, nor to require that any
 such person, firm or corporation obtain any other or additional authori-
 ty, approval, permit or certificate from such municipality  in  relation
 to  the  work  being done, and the doing of any such work by any person,
 firm or corporation in accordance  with  the  terms  of  such  drawings,
 plans,  specifications  or contracts shall not subject said person, firm
 or corporation to any liability or penalty,  civil  or  criminal,  other
 than  as  may  be  stated  in such contracts or incidental to the proper
 enforcement thereof; nor shall any municipality have  power  to  require
 the  corporation  or  any  subsidiary  thereof,  or  lessee therefrom or
 successor in interest thereto, to obtain any other or additional author-
 ity, approval, permit, certificate or certificate of occupancy from such
 municipality as a condition of owning, using, maintaining, operating  or
 occupying  any  project  acquired, constructed, reconstructed, rehabili-
 tated, altered or improved by the corporation or by any subsidiary ther-
 eof. The foregoing provisions shall not preclude any  municipality  from
 exercising  the right of inspection for the purpose of requiring compli-
 ance by any such project with local requirements for operation and main-
 tenance, affecting the health, safety and welfare of the occupants ther-
 eof, provided, however, that such compliance does not  require  changes,
 modifications or additions to the original construction of such project.
   (4)  Each  municipality  or  political  subdivision, including but not
 limited to a county, city, town,  village  or  district,  in  which  any
 project  of  the  corporation  or  of any subsidiary thereof is located,
 shall provide for such project, whether then owned by  the  corporation,
 any  subsidiary  thereof  or  any successor in interest thereto, police,
 fire, sanitation, health protection and other municipal services of  the
 same  character and to the same extent as those provided for other resi-
 dents of such municipality or political subdivision.
   (5) Notwithstanding the provisions of any general,  special  or  local
 law  or  charter,  any  municipality or any public corporation is hereby
 empowered to purchase or lease for  a  term  not  exceeding  ninety-nine

 S. 2788                             5
 
 years  a  civic project, upon such terms and conditions as may be agreed
 upon by such municipality or such  public  corporation  and  the  corpo-
 ration.  No agreement for such purchase or lease shall be deemed to be a
 contract  for  public work or purchase within the meaning of the general
 municipal law. Nothing contained in this subdivision shall be deemed  to
 amend  or  supersede  any other provision of law requiring a vote of the
 qualified voters of any school district upon a proposed  expenditure  of
 funds or incurring of indebtedness by such school district.
   (6)  In carrying out any project, the corporation and its subsidiaries
 shall be empowered to enter into  contractual  agreements  with  munici-
 palities  and  public corporations with respect to the furnishing of any
 community, municipal or  public  facilities  or  services  necessary  or
 desirable  for  such project, and any municipality or public corporation
 is hereby authorized and empowered, notwithstanding any  other  law,  to
 enter  into  such  contractual  agreements  with the corporation and its
 subsidiaries and to do all things necessary to carry out its obligations
 under the same.
   § 2. This act shall take effect immediately.

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Senate Bill S2788

Sponsored By

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

2019-S2788 (ACTIVE) - Details

2019-S2788 (ACTIVE) - Summary

2019-S2788 (ACTIVE) - Sponsor Memo

2019-S2788 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2788

Share this bill

Sponsored By

Leroy Comrie

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

2019-S2788 (ACTIVE) - Details

2019-S2788 (ACTIVE) - Summary

2019-S2788 (ACTIVE) - Sponsor Memo

2019-S2788 (ACTIVE) - Bill Text download pdf

Comments