NY State Senate Bill 2015-S5050

Senate Bill S5050

2015-2016 Legislative Session

Requires notification by the New York city board of standards and appeals to affected senators and assembly members

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to cities
Jun 25, 2015	recommitted to rules
Jun 11, 2015	ordered to third reading cal.1496 committee discharged and committed to rules
Apr 29, 2015	referred to cities

Votes

- Jun 11, 2015 - Rules Committee Vote
  S5050
  
  23
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 11, 2015
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (2)
      
      Gianaris
      
      Larkin

2015-S5050 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Charter
Laws Affected:: Amd §§196, 197-b, 200 & 201, NYC Chart
Versions Introduced in 2017-2018 Legislative Session:: S1683

2015-S5050 (ACTIVE) - Summary

Requires notification by the New York city board of standards and appeals to affected senators and assembly members.

2015-S5050 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5050

TITLE OF BILL:  An act to amend the New York city charter, in relation
to notification by the New York city board of standards and appeals to
certain affected state senators and assembly members

PURPOSE OR GENERAL IDEA OF BILL:  The purpose of the bill is to
provide notice to affected state elected officials of applications to
the New York City board of standards and appeals.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 196 of the New York City charter
to include "affected senator or assembly member", which shall mean the
respective senator or assembly member for the land included in a plan
or application.

Section 2 amends section 197-b, subdivision a, to require the affected
senator or assembly member receive advance notice of all preliminary
and final plans of public agencies and public benefit corporations, or
of private agencies, entities or developers filed with the city, that
relate to the use, development or improvement of land subject to city
regulation.

Subdivision b is amended to require that copies of all requests for
proposals and other solicitations of proposals issued by or on behalf

of the city, and all letters of intent executed by or on behalf of the
city, shall also be conveyed to the affected senator or assembly
member where such land is located.

Section 3 amends subdivision a of section 200 of the New York City
charter to provide that before the city planning commission amends the
text of a zoning resolution, the commission shall also notify the
affected senator or assembly member and afford those interested an
opportunity to be heard.

Section 4 amends subdivision a of section 201 of the New York City
charter to provide that before adopting any applications for changes
in the zoning resolutions and regulations, the commission will refer
them to the affected senators or assembly members for a public hearing
and recommendation.

Section 5 provides that this act shall take effect immediately.

JUSTIFICATION:  While the New York City charter currently requires
that the affected community board and borough president receive
notification of applications to the board of standards and appeals,
the affected state senator and assembly members are not included.
However, it is critical that

PRIOR LEGISLATIVE HISTORY:  None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None

EFFECTIVE DATE:  This act shall take effect immediately.

2015-S5050 (ACTIVE) - Bill Text download pdf

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

                                  5050

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 29, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the New York city charter, in relation  to  notification
  by  the  New  York  city  board  of  standards  and appeals to certain
  affected state senators and assembly members

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

  Section  1.  Section 196 of the New York city charter, as amended by a
vote of the people of the city of New York at the general election  held
in November of 1989, is amended to read as follows:
  S  196.  Affected boards and borough presidents.  For purposes of this
chapter: the term "affected community board" shall  mean  the  community
board  for  a  community district in which land included in a plan or an
application pursuant to this chapter  is  located;  the  term  "affected
borough  president"  shall mean the president of a borough in which land
included in such a plan or an application  is  located;  and  a  borough
board  shall be deemed "affected" if such a plan or application includes
land within two or more community districts within the  borough  repres-
ented  by  such borough board; AND "AFFECTED SENATOR OR ASSEMBLY MEMBER"
SHALL MEAN THE RESPECTIVE  SENATOR  OR  ASSEMBLY  MEMBER  FOR  THE  LAND
INCLUDED IN A PLAN OR AN APPLICATION PURSUANT TO THIS CHAPTER.
  S  2. Section 197-b of the New York city charter, as amended by a vote
of the people of the city of New York at the general  election  held  in
November of 1989, is amended to read as follows:
  S  197-b.   Notification of plans and proposals.  a. Advance notice of
all preliminary and final plans  of public agencies and  public  benefit
corporations  or  of private agencies, entities or developers filed with
the city  that relate to the use, development  or  improvement  of  land
subject  to  city  regulation   shall be given to the affected community
board or boards [and], the office of the affected borough president  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09029-01-5

S. 5050                             2

THE AFFECTED SENATOR OR ASSEMBLY MEMBER, provided that exceptions may be
made in matters of no appreciable public concern by agency rule.
  b. Copies of (1) all requests for proposals and other solicitations of
proposals  issued  by or on behalf of the city, whether or not issued by
an agency, a local development corporation or other entity, and (2)  all
letters  of  intent executed by or on behalf of the city, whether or not
executed by an agency, a local development corporation or other  entity,
that  relate  to  the private use or the disposition of city-owned land,
shall be conveyed to the community boards where  such  land  is  located
[and],  the  office  of the borough president where such land is located
AND THE AFFECTED SENATOR OR ASSEMBLY MEMBER WHERE SUCH LAND  IS  LOCATED
promptly after issuance or execution.
  S  3. Paragraph 1 of subdivision a of section 200 of the New York city
charter, as amended by a vote of the people of the city of New  York  at
the  general  election  held  in November of 1989, is amended to read as
follows:
  1. The city planning commission may upon its  own  initiative  at  any
time or upon application as provided in section two hundred one, adopt a
resolution  to  amend  the  text of the zoning resolution subject to the
limitations provided by law. Before adopting any  such  resolution,  the
commission shall notify any community board [or], borough board, SENATOR
OR  ASSEMBLY  MEMBER affected by the resolution and shall afford persons
interested an opportunity to be heard at a time and place to  be  speci-
fied  in  a notice of hearing to be published in the City Record for the
ten days of publication of the City  Record  immediately  prior  thereto
setting forth in general terms the nature of the proposed resolution and
a statement of the place at which the entire resolution may be examined.
  S  4.  Subdivision  a  of section 201 of the New York city charter, as
amended by a vote of the people of the city of New York at  the  general
election held in November of 1989, is amended to read as follows:
  a.  Applications for changes in the zoning resolution  may be filed by
any  taxpayer, community board, borough board, borough president, by the
mayor or by the land use committee of the council if two-thirds  of  the
members  of  the committee  shall have voted to approve such filing with
the city planning commission.  All such applications  involving  changes
in the designation of zoning districts under the zoning resolution shall
be  subject to review and approval pursuant to section one hundred nine-
ty-seven-c and one hundred ninety-seven-d.   For applications  involving
other  changes  in  zoning  resolutions  and regulations, the commission
prior to taking action upon any such application shall refer it  to  the
affected  community  boards  [or],  borough boards, SENATORS OR ASSEMBLY
MEMBERS for a public hearing and recommendation.
  S 5. This act shall take effect immediately.

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