NY State Senate Bill 2023-S3303

Senate Bill S3303

2023-2024 Legislative Session

Requires compliance with the uniform land use review procedure for the disposition of school property in New York city

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Current Bill Status - In Senate Committee New York City Education 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 03, 2024	referred to new york city education
Jan 30, 2023	referred to new york city education

co-Sponsors

2023-S3303 (ACTIVE) - Details

Current Committee:: Senate New York City Education
Law Section:: Education Law
Laws Affected:: Amd §§454 & 471, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4643
2015-2016: S120
2017-2018: S18
2019-2020: S1106
2021-2022: S834

2023-S3303 (ACTIVE) - Summary

Requires compliance with the uniform land use review procedure for the disposition of school property in New York city.

2023-S3303 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3303

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would explicitly require the sale of NYC public school build-
ings to comply with the uniform land use review procedure (ULURP) as
well as the community education councils' public hearing requirements
related to any significant change in school utilization.

 
SUMMARY OF SPECIFIC PROVISIONS:

The bill would amend several provisions of Article 10 of the Education
Law (the NYC Educational Construction Fund Act), which was enacted in
1966 to create that fund as a public benefit corporation in which title
to NYC public school sites and facilities would be vested. Now, almost

50 years later, it is important to clarify that certain later-enacted
provisions of the Education Law apply to sales or other dispositions of
NYC public schools, and also to provide that the ULURP process will
apply to such sales.

Section one of the bill amends sections 11 and 20 of section 454 of the
Education Law to require full compliance with the uniform land use
review procedure (ULURP). Section 2 of the bill amends section 471 of
the Education Law to do two things: 1) to require full compliance with
the uniform land use review procedure (ULURP), consistent with the
amendments made in section one of the bill, and 2) to explicitly state
that Article 10 does not supersede any of the later enacted requirements
regarding parental involvement and the duties of the community district
education councils with respect to proposed significant changes in
school utilization. Section 3 of the bill provides for an immediate
effective date.

 
JUSTIFICATION:

Recent proposals to sell New York City school buildings to developers
have taken parents and communities by surprise, and appear not to have
considered the impact on students, families and the surrounding communi-
ties. Certainly there has not yet been any opportunity for students,
their families, and community members to have input in the process.
While it is to be hoped that the parental involvement provisions of
Education Law Article 52-A will be complied with, the intent of this
legislation is two-fold: first, to require ULURP compliance with any
sale, lease or disposition of NYC public school buildings and sites, and
second, to explicitly provide that Article 10 of the Education Law,
enacted in 1966, does not in any way supersede the provisions of Educa-
tion Law section 2590-e, enacted many years later. See McKinney's Stat-
utes § 393, text accompanying note 56 (later act to prevail in case of
inconsistency).

 
PRIOR LEGISLATIVE HISTORY:

S.1106 of 2021-2022 (Hoylman): Died in New York City Education
S.1106 of 2019-2020 (Hoylman): Died in New York City Education

S.0018 of 2017-2018 (Hoylman): Died in Education

S.0120 of 2015-2016 (Hoylman): Died in Education

S.4643 of 2013-2014 (Hoylman): Died in Education

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S3303 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3303
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  SERRANO -- read twice and ordered
   printed, and when printed to be committed to the Committee on New York
   City 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-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07904-01-3

 S. 3303                             2
 
 in or thereon a combined occupancy structure, or a part or portion ther-
 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.

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Senate Bill S3303

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Sponsored By

Brad Hoylman-Sigal