BILL NUMBER: S3430

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the public health law, in relation to payments to rural
hospitals designated as critical access hospitals

 
PURPOSE:

To authorize municipalities to utilize mediation as an alternative
procedure in reaching certain land use regulation decisions.

 
SUMMARY OF PROVISIONS:

The bill would amend the General City Law to authorize city governments,
including the zoning board of appeals and planning board to establish
procedures (by local law or ordinance) to use mediation for reaching
land use decisions. The bill would also make the same authorizations in
the Town Law. The proposed language emphasizes that mediation is volun-
tary and nonbinding and allows for mutually agreed-to extensions of
existing time limits for proposals submitted to boards while mediation
              

takes place. If extensions are granted, an end date for such extensions
must be specified at the time mediation is approved.

 
JUSTIFICATION:

Interested parties to a land use decision by local governments can often
end up in protracted legal disputes. As legal fees continue to soar and
court dockets become increasingly congested, local governments may turn
to mediation as an alternate resolution method.

The New York State Community Dispute Resolution Centers Program within
the Office of Court Administration was established in 1981. Through its
62 county-based centers, mediation has been used to resolve disputes in
education, affordable housing and other areas. As envisioned in the
proposed legislation, mediation would be employed to promote timely and
effective land use decisions by working to resolve conflicts in such
areas as: review and approval of comprehensive plans, rezoning, subdivi-
sion plans, site plans and special use permits.

The Lincoln Institute of Land Policy has conducted a survey of partic-
ipants in mediated land disputes and found that 85%: had a positive view
of the experience and in cases that were settled, 92% of the parties
believed their own interests were served by the settlement. About two
dozen other states currently authorize land use mediation. Mediation of
land disputes currently takes place in NYS through the USDA agricultural
mediation program, and the Adirondack Park Agency is using mediation to
attempt to resolve differences over a proposed development project in
Tupper Lake.

Mediation can be an effective vehicle for municipalities in sorting out
complex, often controversial, land use issues. With the help of a
trained mediator, local officials and interested parties may be better
able to explore alternatives and weigh options that enhance the tradi-
tional municipal planning and zoning review process.

This bill is not a mandate, rather it provides authorization for local
governments to establish mediation as an alternative land use conflict
resolution method, while assuring that the rights of individual patties
are protected and established planning and zoning review processes are
preserved. The bill provides that mediation would be used to supplement,
not replace, existing municipal review procedures and decision-making by
a local government.

 
LEGISLATIVE HISTORY:

2023-2024: S.6568 referred to Cities 2/A.1694 referred to Local Govern-
ments

2021-2022: S.1264 referred to Cities 2/A.46 referred to Local Govern-
ments

2019-2020: S.448 referred to Cities/A.2052 referred to Local Governments

2017-2018: S.4537 passed Senate/A.871 referred to Local Governments

2016: S.6606 passed Senate/A.1013 referred to Judiciary

2015: S.1394 passed Senate/A.1013 referred to Judiciary

2013-2014: S.4338 passed Senate/A.1265-A referred to Judiciary

2011-2012: S.4358 passed Senate/A.5829 referred to Judiciary

2009-2010: S.5484 reported from Cities and committed to Finance/A.8259
referred to Judiciary

2007-2008: S.3232 passed Senate/A.5482 referred to Local Governments

2005-2006: S.2749 passed Senate/A.5631 referred to Local Governments

2004: S.6184 passed Senate/A.9782 referred to Local Governments

2001-2002: S.3560 passed Senate/A.7146 referred to Local Governments

 
FISCAL IMPLICATIONS:

It is anticipated that legal expenses and court costs for municipalities
and applicants may be reduced or avoided through the use of this alter-
nate resolution technique, resulting in reduced expenses for local
governments, applicants and taxpayers.

 
EFFECTIVE DATE:
This act shall take effect on the first day of July next succeeding the
year in which it shall have become a law, and shall not affect any local
laws or ordinances providing for the mediation of zoning and planning
decisions enacted prior to this effective date.