Relates to siting requirements for the New York city school construction authority's leasing program.
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.
STATE OF NEW YORK ________________________________________________________________________ 594 2013-2014 Regular Sessions IN 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.