Provides that all governments and municipalities shall comply with all local, state and federal laws and rules in constructing or leasing facilities; defines the term "unit of government".

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S3544A-2011 Actions

• Jan 23, 2012: PRINT NUMBER 3544A
• Jan 23, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Feb 25, 2011: REFERRED TO LOCAL GOVERNMENT

S3544A-2011 Memo

BILL NUMBER:S3544A

TITLE OF BILL:
An act
to amend the general municipal law, in relation to land use compliance
for public construction projects

PURPOSE:
To require government units to comply with land use planning and
zoning laws with respect to the construction of public facilities.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the General Municipal Law by adding a new
section 99-W which requires any unit of government, or subsidiary
there-of, to comply with all local, state and federal laws, rules,
regulations and ordinances with respect to a location or proposed
location for the construction, development, planning, citing,
leasing, operating, or ownership of any facility, building or any
other construction which is being located within the State.

The term "unit of government" is defined as the State of New York, a
county, city, town, village or any other political subdivision or
civil division of the State, a school district or any governmental
entity operating a public school, college or university, a public
improvement or special district, a public authority, commission,
committee or public benefit corporation, or unit of government which
exercises governmental powers under the laws of the State.

JUSTIFICATION:
The need for land use and environmental review of proposed
construction of public facilities is obvious.
These reviews provide an opportunity for communities to gain and give
valuable insight and input on the appropriation of public funds and
the use of property within the community. Currently, although
municipalities are required to comply with land use review
procedures, entities performing a governmental function with public
funds, such as authorities, are not required to subject themselves to
such procedures. Consequently, the check provided by the community is
being circumvented. This bill would restore the checks and balances
of community input and review for all public construction being
performed by governmental units.

PRIOR LEGISLATIVE HISTORY:
2011: S.3544  Referred to Local Governments/A.7346 -
              Referred to Local Government
2010: S.474   Referred to Local Government/A.3630 -
              Referred to Local Governments
2009: S.474   Referred to Local Government/A.3630 -
              Referred to Local Governments
2008: S.3037  Referred to Local Government/A.2448 -

              Referred to Local Governments
2007: S.3037  Referred to Local Government/A.2448 -
              Referred to Local Governments
2006: S.3634  Referred to Local Government/A.6728 -
              Referred to Local Governments
2005: S.3634  Referred to Local Government/A.6728 -
              Referred to Local Governments
2003: A.4515  Referred to Local Governments
2000: S.7271  Referred to Local Government/A.10257 -
              Reported to Rules

FISCAL IMPACT:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S3544A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   3544--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 25, 2011
                                 ___________

  Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
    printed to be committed to the Committee on Local Government -- recom-
    mitted to the Committee on Local Government in accordance with  Senate
    Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
    reprinted as amended and recommitted to said committee

  AN ACT to amend the general municipal  law,  in  relation  to  land  use
    compliance for public construction projects

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The general municipal  law  is  amended  by  adding  a  new
  section 99-w to read as follows:

    S  99-W.  LAND  USE PLANNING; COMPLIANCE. 1. NOTWITHSTANDING ANY OTHER
  PROVISION OF LAW, ANY UNIT OF GOVERNMENT, OR SUBSIDIARY THEREOF,  SHALL,
  WITH  RESPECT TO  THE CONSTRUCTION, DEVELOPMENT, PLANNING, SITING, LEAS-
  ING, OPERATING OR OWNERSHIP OF  ANY  FACILITY,  BUILDING  OR  ANY  OTHER
  CONSTRUCTION  WHICH  IS  LOCATED  OR  PROPOSED  TO BE LOCATED WITHIN THE
  STATE, COMPLY WITH ALL LOCAL, STATE AND FEDERAL LAWS, RULES, REGULATIONS
  AND ORDINANCES WITH RESPECT TO LAND USE PLANNING AND  REVIEW  OR  ZONING
  APPLICABLE TO SUCH LOCATION OR PROPOSED LOCATION.
    2.  FOR  PURPOSES OF THIS SECTION, THE TERM "UNIT OF GOVERNMENT" SHALL
  MEAN THE STATE, A COUNTY, CITY, TOWN, VILLAGE  OR  ANY  OTHER  POLITICAL
  SUBDIVISION  OR  CIVIL  DIVISION  OF THE STATE, A SCHOOL DISTRICT OR ANY
  GOVERNMENTAL ENTITY OPERATING A PUBLIC SCHOOL, COLLEGE OR UNIVERSITY,  A
  PUBLIC  IMPROVEMENT OR SPECIAL DISTRICT, A PUBLIC AUTHORITY, COMMISSION,
  COMMITTEE OR PUBLIC BENEFIT CORPORATION,  OR  ANY  OTHER  PUBLIC  CORPO-
  RATION,  AGENCY OR INSTRUMENTALITY OR UNIT OF GOVERNMENT WHICH EXERCISES
  GOVERNMENTAL POWERS UNDER THE LAWS OF THE STATE.
    S 2. This act shall take effect immediately.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01941-02-2