S594-2013 Actions

• Jan 9, 2013: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

S594-2013 Memo

BILL NUMBER:S594

TITLE OF BILL:
An act
to amend the public authorities law, in relation to siting requirements
for the New York city school construction authority's leasing program

PURPOSE OR GENERAL IDEA OF BILL:
The School Construction Authority's leasing program does not follow
some of the important procedural steps that are required with new
school construction. These provisions help protect the health of our
children. This bill clarifies the School Construction Authority's
responsibilities.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 clarifies that the School Construction Authority are
required to submit site plans whenever they lease property for a
school, as they already do when they buy or build such property,
except for certain, specified short-term leases.

JUSTIFICATION:
In 1997 the School Construction Authority spent millions leasing and
renovating a dry cleaning factory as a site for school children. The
school had to be abandoned, and those millions were wasted, as it was
discovered that the children were being exposed to hazardous chemical
fumes site plans, which enable community notice and environmental
review, provide an opportunity to avoid such mishaps.

The SCA is currently planning to lease Over 30 existing buildings
across New York City. In the past, schools have been sited on
contaminated properties Exposure to toxic chemicals can lead to
behavioral problems, teaming disabilities and decreased for children.
Whether a building is leased or newly constructed, environmental
hazards can pose serious risks to a school's occupants.

PRIOR LEGISLATIVE HISTORY:
2012: Senate Bill
3438 (Gianaris) - Died in Senate Corporations,
Authorities and Commissions Committee
2012: Assembly Bill
1762 (Nolan)Died in Assembly Corporations,
Authorities and Commissions Committee
2010: Senate Bill
1354-A (Oppenheimer) - Died in Senate Rules
Committee
2010: Assembly Bill
1865 (Nolan) - Passed Assembly 137-1
(6/23/10); Passed Assembly 141-2 (3/1/10)
2008: Senate Bill
7127 (Sabini) - Died in Senate Corporations,
Authorities and Commissions Committee
2008: Assembly Bill
8838 (Nolan) - Passed Assembly 140-1
(4/30/08); Passed Assembly 150-0 (6/20/07)

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect immediately.

S594-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          594
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Corporations,  Authorities
 and Commissions
 AN  ACT  to  amend  the  public  authorities  law, in relation to siting
 requirements for the New York  city  school  construction  authority's
 leasing program
 

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

 

Section 1. Subdivision 1 of section 1731  of  the  public  authorities
 law,  as added by chapter 738 of the laws of 1988, is amended to read as
 follows:

 1. Prior to the commencing of new construction or  building  additions
 of  an  educational facility, or the acquisition of real property or any
 interest therein for such purpose, INCLUDING THE LEASING OF ANY BUILDING
 OR PROPERTY, the authority shall file a copy of the site  plan  of  such
 facility  in  its  offices  and shall provide a copy thereof to the city
 board, the city planning commission and the community school  board  and
 community  board  of the district in which the facility will be located.
 Upon request, any other person shall be furnished with such  plan  or  a
 summary  thereof.  The authority shall publish in a newspaper of general
 circulation in the city a notice of the filing  of  such  plan  and  the
 availability of the plan and a summary thereof. Such plan shall include,
 in the case of any project for which the acquisition of real property or
 interest  therein is proposed, the recommended site, any alternate sites
 considered, and any rationale as to why the  alternate  sites  were  not
 selected.
 

S  2.  Subdivision 1 of section 1732 of the public authorities law, as
 amended by chapter 562 of the laws  of  1990,  is  amended  to  read  as
 follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00130-01-3
 
       S. 594                              2
 1.  Following  the hearings held pursuant to section seventeen hundred
 thirty-one of this title, but prior to initiating  construction  of  new
 educational facilities, OR PRIOR TO LEASING ANY BUILDING OR PROPERTY FOR
 SUCH  PURPOSE, the authority shall submit the site plan of such projects
 to  the  mayor  and the council for review, provided, however, that such
 review shall be limited to the site selected for the project.
 

S 3. This act shall take effect immediately.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!