S T A T E O F N E W Y O R K ________________________________________________________________________ 3300 2011-2012 Regular Sessions I N A S S E M B L Y January 24, 2011 ___________ Introduced by M. of A. BRENNAN, MILLMAN, ORTIZ -- Multi-Sponsored by -- M. of A. GLICK, GOTTFRIED, ROBINSON -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the New York city charter, in relation to the Atlantic Yards arena and redevelopment project THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. It is the intent of the legislature to ensure that the 2 empire state development corporation abides by the rights of the citi- 3 zenry of the city of New York and the democratically enacted urban land 4 use procedure set forth in section 197-a of the New York city charter 5 and commonly known as the URLUP process with respect to the general 6 project plan approved and identified as the "Atlantic Yards arena and 7 redevelopment project" in a memorandum of understanding signed on Febru- 8 ary 18, 2005 in order that such project results in a vote of the city 9 council. Further, community boards 2, 6 and 8 within the borough of 10 Brooklyn requested in September 2004 that such Atlantic Yards project be 11 subject to the URLUP process. 12 S 2. Subdivision a of section 197-a of the New York city charter, as 13 amended by a vote of the people of the city of New York at the general 14 election held in November of 1989, is amended to read as follows: 15 a. Plans for the development, growth, and improvement of the city and 16 of its boroughs and community districts may be proposed by (1) the 17 mayor, (2) the city planning commission, (3) the department of city 18 planning, (4) a borough president with respect to land located within 19 his or her borough, (5) a borough board with respect to land located 20 within its borough, [or] (6) a community board with respect to land 21 located within its community district, OR (7) AN AGENCY OF THE STATE OF 22 NEW YORK SUBJECT TO THE CHAPTER OF THE LAWS OF TWO THOUSAND ELEVEN WHICH 23 ADDED THIS PARAGRAPH. A community board, borough board or borough 24 president that proposes any such plan shall submit the plan together EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06050-01-1 A. 3300 2 1 with a written recommendation to the city planning commission for deter- 2 minations pursuant to subdivision b of this section. Any such 3 submission may be made by a community board, borough board or borough 4 president only after the board or borough president proposing such a 5 plan has held a public hearing on the plan. 6 S 3. The empire state development corporation shall cease and discon- 7 tinue all action in furtherance of the general project plan as approved 8 and identified as the "Atlantic Yards arena and redevelopment project" 9 in a memorandum of understanding signed on February 18, 2005, and submit 10 the plan as an expedited application to the city of New York for a 11 development project pursuant to the uniform land use review procedure 12 set forth in section 197-c of the New York city charter. Notwithstanding 13 the provisions of this section, the empire state development corporation 14 shall complete any outstanding contract where an immediate cessation or 15 discontinuance would constitute waste and shall be allowed to provide 16 information about the intended project at any public hearing or in 17 response to any written inquiry, subject to the provisions of the public 18 officers law. 19 S 4. The plans for the Atlantic Yards arena and redevelopment project 20 shall be submitted as an expedited application by the empire state 21 development corporation to the New York city planning commission by 22 August 15, 2011. The empire state development corporation shall provide 23 any further information requested by the city planning commission as 24 soon as is practicable after such request has been made, provided, 25 however, that the application shall be deemed complete for purposes of 26 the expedited review procedure provided by the provisions of this act no 27 later than September 15, 2011. Notwithstanding the time requirements set 28 forth in section 197-c of the New York city charter, such plans shall be 29 subject to and reviewed in accordance with such section. If there exists 30 insufficient information for the city council to take action, the 31 borough president, affected community board or boards or borough board 32 may take note of such facts. 33 S 5. Notwithstanding the time requirements set forth in section 197-c 34 of the New York city charter, the affected community board or boards 35 shall comply with the provisions of such section and submit its recom- 36 mendations to the city planning commission on or before October 15, 37 2011. 38 S 6. Notwithstanding the time requirements set forth in section 197-c 39 of the New York city charter, the borough board shall comply with the 40 provisions of such section and submit its recommendations to the city 41 planning commission on or before November 7, 2011. 42 S 7. Notwithstanding the time requirements set forth in section 197-c 43 of the New York city charter, the city planning commission shall submit 44 its recommendations to the city council on or before December 1, 2011. 45 S 8. Notwithstanding the time requirements set forth in section 197-c 46 of the New York city charter, the city council shall approve, disapprove 47 or amend the plans for the Atlantic Yards arena and redevelopment 48 project submitted by the empire state redevelopment corporation pursuant 49 to the provisions of this act on or before December 31, 2011. 50 S 9. This act shall take effect immediately.