Bill S3625-2013

Provides that all governments and municipalities shall comply with all local, state and federal laws and rules in constructing or leasing facilities

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".

Details

Actions

  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT
  • Feb 7, 2013: REFERRED TO LOCAL GOVERNMENT

Memo

BILL NUMBER:S3625

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-x which requires any unit of government, or subsidiary thereof, 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: 2012: S.3544- Referred to Local Government/Referred to Local Government 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3625 2013-2014 Regular Sessions IN SENATE February 7, 2013 ___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government 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-x to read as follows: S 99-X. 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.

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