NY State Senate Bill 2019-S3997A

Senate Bill S3997A

2019-2020 Legislative Session

Requires the preparation of a neighborhood impact statement prior to the construction of a homeless shelter in cities with a population of one million or more

download bill text pdf

Archive: Last Bill Status - In Senate Committee Social Services 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 social services
Mar 05, 2019	print number 3997a
Mar 05, 2019	amend and recommit to social services
Feb 22, 2019	referred to social services

Bill Amendments

Original

A (Active)

2019-S3997 - Details

See Assembly Version of this Bill:: A6303
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Add Art 2-A Title 5 §54, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: S3457

2019-S3997 - Summary

Requires the preparation of a neighborhood impact statement prior to the construction of a homeless shelter in cities with a population of one million or more.

2019-S3997 - Sponsor Memo

                                
 
BILL NUMBER: S3997

SPONSOR: ADDABBO
 
TITLE OF BILL:  An act to amend the social services law, in relation
to requiring the preparation of a neighborhood impact statement prior to
the construction of a homeless shelter in cities with a population of
one million or more

 
PURPOSE:

To require a neighborhood impact statement prior to the construction of
a homeless shelter in cities with a population of one million or more.

 
SUMMARY OF PROVISIONS:

Amends article 2-A of the social services law by adding a new title 5 to
require a neighborhood impact statement in cases where a homeless shel-
ter is created. This statement would require a neighborhood impact
statement on any project, which may have a significate effect on the
neighbor that such project would be located.

This statement would document the numbers and locations of daycare
centers, schools, parks and/or playgrounds, infrastructure and other
information, as the city council deems relevant.

 
JUSTIFICATION:

In the past several years, a number of large homeless shelters have been
created within the five boroughs of the City of New York, without regard
to the short and long term impact said shelters would have on local
residents of the communities where they are located. Many of these home-
less shelters are opened through emergency declaration, whereby the
residents or elected representatives are not informed that such facili-
ties are being proposed. Several of these facilities have opened within
a few blocks of schools and parks. Due to their large number, public
transportation and infrastructure have been effected.

It has been estimated that there are approximately 60,000 homeless
people in the NYC shelter system, with 15,000 being homeless fami-
lies.Homelessness is a complex social issue that requires governmental
policies that address the long-term issues that cause homelessness such
as affordable housing, job availability, mental health treatment, and
alcohol and substance abuse rehabilitation. Warehousing homeless indi-
viduals and families in hotels and other emergency facilities is a
shortsighted solution that is extremely unfair to both the homeless and
the residents of the surrounding communities.

This legislation would require the completion and release of a neighbor-
hood impact statement prior to siting these facilities . This statement
would document the number of schools, day care centers, parks, senior
centers, community, in addition to the possible effects of the facility
on the infrastructure, economy and other quality of life issues in the
area.  Government transparency and accountability demands that residents
are informed when such a facility is being proposed in their neighbor-
hood.

 
LEGISLATIVE HISTORY:

New Bill.
 
FISCAL IMPLICATIONS:

None to State.

 
EFFECTIVE DATE:
Immediately.

2019-S3997 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3997
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2019
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services law, in relation  to  requiring  the
   preparation   of   a   neighborhood  impact  statement  prior  to  the
   construction of a homeless shelter in cities with a population of  one
   million or more
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 2-A of the social services law is amended by adding
 a new title 5 to read as follows:
                                  TITLE 5
                       NEIGHBORHOOD IMPACT STATEMENT
 SECTION 54. NEIGHBORHOOD IMPACT STATEMENT.
   § 54. NEIGHBORHOOD IMPACT STATEMENT. 1. FOR PURPOSES OF THIS  SECTION,
 THE TERM:
   (A) "CITY" MEANS ANY CITY WITH A POPULATION OF ONE MILLION OR MORE;
   (B) "PROJECT" SHALL MEAN A PROJECT:
   (I)  (A)  DIRECTLY  UNDERTAKEN  BY  THE MAYOR OF A CITY, REGARDLESS OF
 WHETHER OR NOT SUCH PROJECT IS BEING UNDERTAKEN PURSUANT TO  A  DECLARA-
 TION OF EMERGENCY; OR
   (B)  SUPPORTED  IN WHOLE OR PART THROUGH CONTRACTS, GRANTS, SUBSIDIES,
 LOANS, OR OTHER FORMS OF FUNDING ASSISTANCE FROM THE CITY OR FROM ONE OR
 MORE AGENCIES; OR
   (C) INVOLVING THE ISSUANCE BY THE CITY OF A  LEASE,  PERMIT,  LICENSE,
 CERTIFICATE OR OTHER ENTITLEMENT; AND
   (II) DESIGNED IN WHOLE OR IN PART TO PROVIDE SHELTER TO THE HOMELESS;
   (C)  "NEIGHBORHOOD"  MEANS  AN AREA WITHIN A CITY IDENTIFIED BY RECOG-
 NIZED OR ESTABLISHED BOUNDARIES.
   2. A CITY SHALL USE ALL PRACTICABLE MEANS, TO THE MAXIMUM EXTENT PRAC-
 TICABLE, TO MINIMIZE OR AVOID ADVERSE  NEIGHBORHOOD  EFFECTS,  INCLUDING
 EFFECTS REVEALED IN THE NEIGHBORHOOD IMPACT STATEMENT PROCESS.

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

                                                            LBD10142-01-9

 S. 3997                             2
 
   3.  ANY CITY, BY AND THROUGH ITS CITY COUNCIL, SHALL PREPARE, OR CAUSE
 TO BE PREPARED BY CONTRACT OR OTHERWISE A DRAFT AND  FINAL  NEIGHBORHOOD
 IMPACT  STATEMENT  ON ANY PROJECT WHICH MAY HAVE A SIGNIFICANT EFFECT ON
 THE NEIGHBORHOOD WHERE SUCH PROJECT SHALL BE LOCATED. SUCH  A  STATEMENT
 SHALL INCLUDE A DETAILED STATEMENT SETTING FORTH THE FOLLOWING:
   (A)  A  DESCRIPTION  OF  THE  PROPOSED  PROJECT  AND  ITS NEIGHBORHOOD
 SETTING;
   (B) THE NEIGHBORHOOD IMPACT OF THE PROPOSED PROJECT  INCLUDING  SHORT-
 TERM AND LONG-TERM EFFECTS;
   (C)  ANY  ADVERSE  NEIGHBORHOOD EFFECTS WHICH CANNOT BE AVOIDED SHOULD
 THE PROJECT BE IMPLEMENTED;
   (D) ALTERNATIVES TO THE PROPOSED PROJECT;
   (E) THE NUMBER OF SCHOOLS IN THE NEIGHBORHOOD, THE  LOCATION  OF  EACH
 SCHOOL AND THE DISTANCE OF EACH SCHOOL FROM THE LOCATION OF THE PROJECT;
   (F)  THE  NUMBER OF DAY CARE CENTERS IN THE NEIGHBORHOOD, THE LOCATION
 OF EACH DAY CARE CENTER AND THE DISTANCE OF EACH DAY  CARE  CENTER  FROM
 THE LOCATION OF THE PROJECT;
   (G) THE NUMBER OF PARKS IN THE NEIGHBORHOOD, THE LOCATION OF EACH PARK
 AND THE DISTANCE OF EACH PARK FROM THE LOCATION OF THE PROJECT;
   (H)  THE  NUMBER  OF  PLAYGROUNDS IN THE NEIGHBORHOOD, THE LOCATION OF
 EACH PLAYGROUND AND THE DISTANCE OF EACH PLAYGROUND FROM THE LOCATION OF
 THE PROJECT;
   (I) THE IMPACT OF THE PROJECT ON THE EXISTING  INFRASTRUCTURE  OF  THE
 NEIGHBORHOOD;
   (J)  THE  IMPACT  OF THE PROJECT ON THE LOCAL ECONOMY OF THE NEIGHBOR-
 HOOD;
   (K) MITIGATION MEASURES PROPOSED TO MINIMIZE THE IMPACT OF THE PROJECT
 ON THE NEIGHBORHOOD; AND
   (J) SUCH OTHER INFORMATION AS THE CITY COUNCIL DEEMS RELEVANT.
   4. SUCH FINAL NEIGHBORHOOD IMPACT STATEMENT SHALL ALSO INCLUDE  COPIES
 OR  A  SUMMARY  OF THE SUBSTANTIVE COMMENTS MADE PURSUANT TO SUBDIVISION
 FIVE OF THIS SECTION, AND  THE  CITY  RESPONSE  TO  SUCH  COMMENTS.  THE
 PURPOSE OF A NEIGHBORHOOD IMPACT STATEMENT IS TO PROVIDE DETAILED INFOR-
 MATION  ABOUT THE EFFECT WHICH A PROPOSED PROJECT IS LIKELY TO HAVE ON A
 NEIGHBORHOOD, TO LIST WAYS IN  WHICH  ANY  ADVERSE  EFFECTS  OF  SUCH  A
 PROJECT  MIGHT  BE  MINIMIZED,  AND  TO  SUGGEST  ALTERNATIVES TO SUCH A
 PROJECT SO AS TO FORM THE BASIS FOR A DECISION WHETHER OR NOT TO  UNDER-
 TAKE  OR  APPROVE SUCH PROJECT. SUCH STATEMENT SHOULD BE CLEARLY WRITTEN
 IN A CONCISE MANNER CAPABLE OF BEING READ AND UNDERSTOOD BY THE  PUBLIC,
 SHOULD DEAL WITH THE SPECIFIC SIGNIFICANT NEIGHBORHOOD IMPACTS WHICH CAN
 BE  REASONABLY  ANTICIPATED  AND  SHOULD NOT CONTAIN MORE DETAIL THAN IS
 APPROPRIATE CONSIDERING THE NATURE AND MAGNITUDE OF THE PROPOSED PROJECT
 AND THE SIGNIFICANCE OF ITS POTENTIAL IMPACTS.
   5. AFTER THE COMPLETION OF THE DRAFT NEIGHBORHOOD IMPACT STATEMENT THE
 CITY SHALL CONDUCT A PUBLIC HEARING FOR PUBLIC COMMENT ON THE  NEIGHBOR-
 HOOD IMPACT OF THE PROJECT. SUCH HEARING SHALL BE HELD WITHIN SIXTY DAYS
 OF THE COMPLETION OF THE NEIGHBORHOOD IMPACT STATEMENT.
   6. THE FINAL NEIGHBORHOOD IMPACT STATEMENT, TOGETHER WITH THE COMMENTS
 OF  MEMBERS  OF THE PUBLIC, SHALL BE FILED WITH THE CITY, MADE AVAILABLE
 TO THE PUBLIC, AND POSTED ON THE INTERNET WEBSITE OF THE CITY  PRIOR  TO
 THE CITY TAKING ANY ACTION ON THE PROPOSAL.
   § 2. This act shall take effect immediately.

co-Sponsors

2019-S3997A (ACTIVE) - Details

See Assembly Version of this Bill:: A6303
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Add Art 2-A Title 5 §54, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: S3457

2019-S3997A (ACTIVE) - Summary

Requires the preparation of a neighborhood impact statement prior to the construction of a homeless shelter in cities with a population of one million or more.

2019-S3997A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3997A

SPONSOR: ADDABBO
 
TITLE OF BILL:  An act to amend the social services law, in relation
to requiring the preparation of a neighborhood impact statement prior to
the construction of a homeless shelter in cities with a population of
one million or more

 
PURPOSE:

To require a neighborhood impact statement prior to the construction of
a homeless shelter in cities with a population of one million or more.

 
SUMMARY OF PROVISIONS:

Amends article 2-A of the social services law by adding a new title 5 to
require a neighborhood impact statement in cases where a homeless shel-
ter is created. This statement would require a neighborhood impact
statement on any project, which may have a significant effect on the
neighbor that such project would be located.

This statement would document the numbers and locations of daycare
centers, schools, parks and/or playgrounds, senior centers and/or senior
housing, infrastructure and other information, as the city council deems
relevant.

 
JUSTIFICATION:

In the past several years, a number of large homeless shelters have been
created within the five boroughs of the City of New York, without regard
to the short and long-term impact said shelters would have on local
residents of the communities where they are located. Many of these home-
less shelters are opened through emergency declaration, whereby the
residents or elected representatives are not informed that such facili-
ties are being proposed. Several of these facilities have opened within
a few blocks of schools and parks. Due to their large number, public
transportation and infrastructure have been effected.

It has been estimated that there are approximately 60,000 homeless
people in the NYC shelter system, with 15,000 being homeless fami-
lies.Homelessness is a complex social issue that requires governmental
policies that address the long-term issues that cause homelessness such
as affordable housing, job availability, mental health treatment, and
alcohol and substance abuse rehabilitation. Warehousing homeless indi-
viduals and families in hotels and other emergency facilities is a
shortsighted solution that is extremely unfair to both the homeless and
the residents of the surrounding communities.

This legislation would require the completion and release of a neighbor-
hood impact statement prior to siting these facilities . This statement
would document the number of schools, day care centers, parks, senior
centers, community, in addition to the possible effects of the facility
on the infrastructure, economy and other quality of life issues in the
area.  Government transparency and accountability demands that residents
are informed when such a facility is being proposed in their neighbor-
hood.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to State.

 
EFFECTIVE DATE:
Immediately.

2019-S3997A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3997--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2019
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN  ACT  to  amend the social services law, in relation to requiring the
   preparation  of  a  neighborhood  impact  statement   prior   to   the
   construction  of a homeless shelter in cities with a population of one
   million or more
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 2-A of the social services law is amended by adding
 a new title 5 to read as follows:
                                  TITLE 5
                       NEIGHBORHOOD IMPACT STATEMENT
 SECTION 54. NEIGHBORHOOD IMPACT STATEMENT.
   §  54. NEIGHBORHOOD IMPACT STATEMENT. 1. FOR PURPOSES OF THIS SECTION,
 THE TERM:
   (A) "CITY" MEANS ANY CITY WITH A POPULATION OF ONE MILLION OR MORE;
   (B) "PROJECT" SHALL MEAN A PROJECT:
   (I) (A) DIRECTLY UNDERTAKEN BY THE MAYOR  OF  A  CITY,  REGARDLESS  OF
 WHETHER  OR  NOT SUCH PROJECT IS BEING UNDERTAKEN PURSUANT TO A DECLARA-
 TION OF EMERGENCY; OR
   (B) SUPPORTED IN WHOLE OR PART THROUGH CONTRACTS,  GRANTS,  SUBSIDIES,
 LOANS, OR OTHER FORMS OF FUNDING ASSISTANCE FROM THE CITY OR FROM ONE OR
 MORE AGENCIES; OR
   (C)  INVOLVING  THE  ISSUANCE BY THE CITY OF A LEASE, PERMIT, LICENSE,
 CERTIFICATE OR OTHER ENTITLEMENT; AND
   (II) DESIGNED IN WHOLE OR IN PART TO PROVIDE SHELTER TO THE HOMELESS;
   (C) "NEIGHBORHOOD" MEANS THE AREA  LOCATED  WITHIN  THE  ZIP  CODE  OR
 COMMUNITY BOARD AREA WHERE THE PROJECT WILL BE LOCATED.
   2. A CITY SHALL USE ALL PRACTICABLE MEANS, TO THE MAXIMUM EXTENT PRAC-
 TICABLE,  TO  MINIMIZE  OR AVOID ADVERSE NEIGHBORHOOD EFFECTS, INCLUDING
 EFFECTS REVEALED IN THE NEIGHBORHOOD IMPACT STATEMENT PROCESS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10142-02-9

 S. 3997--A                          2
 
   3. ANY CITY, BY AND THROUGH ITS CITY COUNCIL, SHALL PREPARE, OR  CAUSE
 TO  BE  PREPARED BY CONTRACT OR OTHERWISE A DRAFT AND FINAL NEIGHBORHOOD
 IMPACT STATEMENT ON ANY PROJECT WHICH MAY HAVE A SIGNIFICANT  EFFECT  ON
 THE  NEIGHBORHOOD  WHERE SUCH PROJECT SHALL BE LOCATED. SUCH A STATEMENT
 SHALL INCLUDE A DETAILED STATEMENT SETTING FORTH THE FOLLOWING:
   (A)  A  DESCRIPTION  OF  THE  PROPOSED  PROJECT  AND  ITS NEIGHBORHOOD
 SETTING;
   (B) THE NEIGHBORHOOD IMPACT OF THE PROPOSED PROJECT  INCLUDING  SHORT-
 TERM AND LONG-TERM EFFECTS;
   (C)  ANY  ADVERSE  NEIGHBORHOOD EFFECTS WHICH CANNOT BE AVOIDED SHOULD
 THE PROJECT BE IMPLEMENTED;
   (D) ALTERNATIVES TO THE PROPOSED PROJECT;
   (E) THE NUMBER OF SCHOOLS IN THE NEIGHBORHOOD, THE  LOCATION  OF  EACH
 SCHOOL AND THE DISTANCE OF EACH SCHOOL FROM THE LOCATION OF THE PROJECT;
   (F)  THE  NUMBER OF DAY CARE CENTERS IN THE NEIGHBORHOOD, THE LOCATION
 OF EACH DAY CARE CENTER AND THE DISTANCE OF EACH DAY  CARE  CENTER  FROM
 THE LOCATION OF THE PROJECT;
   (G)  THE  NUMBER OF SENIOR CENTERS OR SENIOR HOUSING FACILITIES IN THE
 NEIGHBORHOOD, THE LOCATION OF  EACH  SENIOR  CENTER  OR  SENIOR  HOUSING
 FACILITY AND THE DISTANCE OF EACH SENIOR CENTER OR SENIOR HOUSING FACIL-
 ITY FROM THE LOCATION OF THE PROJECT;
   (H) THE NUMBER OF PARKS IN THE NEIGHBORHOOD, THE LOCATION OF EACH PARK
 AND THE DISTANCE OF EACH PARK FROM THE LOCATION OF THE PROJECT;
   (I)  THE  NUMBER  OF  PLAYGROUNDS IN THE NEIGHBORHOOD, THE LOCATION OF
 EACH PLAYGROUND AND THE DISTANCE OF EACH PLAYGROUND FROM THE LOCATION OF
 THE PROJECT;
   (J) THE IMPACT OF THE PROJECT ON THE EXISTING  INFRASTRUCTURE  OF  THE
 NEIGHBORHOOD;
   (K)  THE  IMPACT  OF THE PROJECT ON THE LOCAL ECONOMY OF THE NEIGHBOR-
 HOOD;
   (L) MITIGATION MEASURES PROPOSED TO MINIMIZE THE IMPACT OF THE PROJECT
 ON THE NEIGHBORHOOD; AND
   (M) SUCH OTHER INFORMATION AS THE CITY COUNCIL DEEMS RELEVANT.
   4. SUCH FINAL NEIGHBORHOOD IMPACT STATEMENT SHALL ALSO INCLUDE  COPIES
 OR  A  SUMMARY  OF THE SUBSTANTIVE COMMENTS MADE PURSUANT TO SUBDIVISION
 FIVE OF THIS SECTION, AND  THE  CITY  RESPONSE  TO  SUCH  COMMENTS.  THE
 PURPOSE OF A NEIGHBORHOOD IMPACT STATEMENT IS TO PROVIDE DETAILED INFOR-
 MATION  ABOUT THE EFFECT WHICH A PROPOSED PROJECT IS LIKELY TO HAVE ON A
 NEIGHBORHOOD, TO LIST WAYS IN  WHICH  ANY  ADVERSE  EFFECTS  OF  SUCH  A
 PROJECT  MIGHT  BE  MINIMIZED,  AND  TO  SUGGEST  ALTERNATIVES TO SUCH A
 PROJECT SO AS TO FORM THE BASIS FOR A DECISION WHETHER OR NOT TO  UNDER-
 TAKE  OR  APPROVE SUCH PROJECT. SUCH STATEMENT SHOULD BE CLEARLY WRITTEN
 IN A CONCISE MANNER CAPABLE OF BEING READ AND UNDERSTOOD BY THE  PUBLIC,
 SHOULD DEAL WITH THE SPECIFIC SIGNIFICANT NEIGHBORHOOD IMPACTS WHICH CAN
 BE  REASONABLY  ANTICIPATED  AND  SHOULD NOT CONTAIN MORE DETAIL THAN IS
 APPROPRIATE CONSIDERING THE NATURE AND MAGNITUDE OF THE PROPOSED PROJECT
 AND THE SIGNIFICANCE OF ITS POTENTIAL IMPACTS.
   5. AFTER THE COMPLETION OF THE DRAFT NEIGHBORHOOD IMPACT STATEMENT THE
 CITY SHALL CONDUCT A PUBLIC HEARING FOR PUBLIC COMMENT ON THE  NEIGHBOR-
 HOOD IMPACT OF THE PROJECT. SUCH HEARING SHALL BE HELD WITHIN SIXTY DAYS
 OF THE COMPLETION OF THE NEIGHBORHOOD IMPACT STATEMENT.
   6. THE FINAL NEIGHBORHOOD IMPACT STATEMENT, TOGETHER WITH THE COMMENTS
 OF  MEMBERS  OF THE PUBLIC, SHALL BE FILED WITH THE CITY, MADE AVAILABLE
 TO THE PUBLIC, AND POSTED ON THE INTERNET WEBSITE OF THE CITY  PRIOR  TO
 THE CITY TAKING ANY ACTION ON THE PROPOSAL.
   § 2. This act shall take effect immediately.

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