Bill S821-2011

Makes residential facilities controlled by state agencies subject to local site plan review

Makes residential facilities controlled by state agencies subject to local site plan review.

Details

Actions

  • Jun 21, 2012: COMMITTED TO RULES
  • Jun 11, 2012: ADVANCED TO THIRD READING
  • Jun 6, 2012: 2ND REPORT CAL.
  • Jun 5, 2012: 1ST REPORT CAL.1085
  • Jan 4, 2012: REFERRED TO CITIES
  • Feb 14, 2011: REPORTED AND COMMITTED TO FINANCE
  • Jan 5, 2011: REFERRED TO CITIES

Votes

VOTE: COMMITTEE VOTE: - Cities - Feb 14, 2011
Ayes (6): Lanza, Golden, Grisanti, Robach, Avella, Oppenheimer
VOTE: COMMITTEE VOTE: - Cities - Jun 5, 2012
Ayes (6): Lanza, DeFrancisco, Grisanti, Robach, Avella, Oppenheimer

Memo

BILL NUMBER:S821

TITLE OF BILL: An act to amend the general city law, the town law and the village law, in relation to making residential facilities of state agencies subject to local site plan review

PURPOSE: To ensure that all state owned residential facilities go through the local site plan review process in order to ensure the facility's floor plans are on file with the local government.

SUMMARY OF PROVISIONS: Section one: amends section 27-a of the general city law by adding a new subdivision 1-a, to waive the state's immunity with regard to site plan review for its residential facilities. Every state agency must submit a site plan for each residential parcel under its control.

Section two: amends section 274-a of the town law by adding a new subdivision 1-a, to waive the state's immunity with regard to site plan review for its residential facilities. Every state agency must submit a site plan for each residential parcel under its control.

Section three: amends section 7 -725-a of the village law by adding a new subdivision 1-a, to waive the state's immunity with regard to site plan review for its residential facilities. Every state agency must submit a site plan for each residential parcel under its control.

Section four: provides that within 90 days of the effective date of this act each state agency which has constructed a residential facility upon any parcel of land under its control prior to the effective date of this act shall submit a site plan for such parcel to the appropriate city, town or village.

Section five: contains effective date.

EXISTING LAW: New York State has sovereign immunity with respect to local laws.

JUSTIFICATION: On March 21, 2009, a tragic fire broke out at the State's Riverview IRA group home. Four residents lost their lives in the fire, the cause of which is still under investigation.

One of the issues that has come out of this tragedy is the fact that the State did not need a local building permit and did not have to file their floor plans with the town. Having the floor plans on facilities would most certainly assist first responders in their decisions on how best to evacuate occupants and fight fires. Involving the local building inspectors in these projects only makes sense and would add an additional set of eyes to ensure the safety of the building.

The State's immunity with respect to local site plan review should be waived to ensure the health and safety of those who live and work in these residential facilities.

LEGISLATIVE HISTORY: 2009-10: S.4073 Finance; A.7821 Local Governments

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 821 A. 524 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 5, 2011 ___________
IN SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Cities IN ASSEMBLY -- Introduced by M. of A. SAYWARD, FINCH, HAWLEY, CROUCH, CASTRO, CALHOUN, CORWIN, DUPREY -- Multi-Sponsored by -- M. of A. BURLING, DESTITO, GALEF, GIGLIO, JORDAN, KOLB, P. LOPEZ, MAGEE, McDO- NOUGH, O'DONNELL, REILLY, WEISENBERG -- read once and referred to the Committee on Local Governments AN ACT to amend the general city law, the town law and the village law, in relation to making residential facilities of state agencies subject to local site plan review THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 27-a of the general city law is amended by adding a new subdivision 1-a to read as follows: 1-A. WAIVER OF STATE IMMUNITY. THE STATE HEREBY WAIVES ITS IMMUNITY FROM LIABILITY FOR THE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION SOLELY WITH REGARD TO RESIDENTIAL FACILITIES. EVERY STATE AGENCY SHALL SUBMIT A SITE PLAN FOR EACH PARCEL OF LAND UNDER ITS CONTROL UPON WHICH A RESIDENTIAL FACILITY IS TO BE OR HAS BEEN CONSTRUCTED. FOR THE PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS ANY DEPARTMENT, BUREAU, COMMISSION, BOARD, PUBLIC AUTHORITY OR OTHER AGENCY OF THE STATE, INCLUDING ANY PUBLIC BENEFIT CORPORATION ANY MEMBER OF WHOSE BOARD IS APPOINTED BY THE GOVERNOR. S 2. Section 274-a of the town law is amended by adding a new subdivi- sion 1-a to read as follows: 1-A. WAIVER OF STATE IMMUNITY. THE STATE HEREBY WAIVES ITS IMMUNITY FROM LIABILITY FOR THE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION SOLELY WITH REGARD TO RESIDENTIAL FACILITIES. EVERY STATE AGENCY SHALL SUBMIT A SITE PLAN FOR EACH PARCEL OF LAND UNDER ITS CONTROL UPON WHICH
A RESIDENTIAL FACILITY IS TO BE OR HAS BEEN CONSTRUCTED. FOR THE PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS ANY DEPARTMENT, BUREAU, COMMISSION, BOARD, PUBLIC AUTHORITY OR OTHER AGENCY OF THE STATE, INCLUDING ANY PUBLIC BENEFIT CORPORATION ANY MEMBER OF WHOSE BOARD IS APPOINTED BY THE GOVERNOR. S 3. Section 7-725-a of the village law is amended by adding a new subdivision 1-a to read as follows: 1-A. WAIVER OF STATE IMMUNITY. THE STATE HEREBY WAIVES ITS IMMUNITY FROM LIABILITY FOR THE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION SOLELY WITH REGARD TO RESIDENTIAL FACILITIES. EVERY STATE AGENCY SHALL SUBMIT A SITE PLAN FOR EACH PARCEL OF LAND UNDER ITS CONTROL UPON WHICH A RESIDENTIAL FACILITY IS TO BE OR HAS BEEN CONSTRUCTED. FOR THE PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS ANY DEPARTMENT, BUREAU, COMMISSION, BOARD, PUBLIC AUTHORITY OR OTHER AGENCY OF THE STATE, INCLUDING ANY PUBLIC BENEFIT CORPORATION ANY MEMBER OF WHOSE BOARD IS APPOINTED BY THE GOVERNOR. S 4. Within 90 days of the effective date of this act each state agen- cy which has constructed a residential facility upon any parcel of land under its control prior to the effective date of this act shall submit a site plan for such parcel to the appropriate city, town or village. S 5. This act shall take effect on the thirtieth day after it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

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

Discuss!

blog comments powered by Disqus