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".
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.
STATE OF NEW YORK ________________________________________________________________________ 3544--A 2011-2012 Regular Sessions IN 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