Bill Text: NY A03749 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to extending the amount of time between notice of a project and a public hearing.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2018-01-29 - enacting clause stricken [A03749 Detail]

Download: New_York-2017-A03749-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3749
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2017
                                       ___________
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
        AN ACT to amend the New York state urban development corporation act, in
          relation  to  extending the amount of time between notice of a project
          and a public hearing
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision (c) of section 6 of section 1 of chapter 174 of
     2  the  laws  of  1968  constituting  the  New York state urban development
     3  corporation act, is amended to read as follows:
     4    (c) to any other person, firm,  partnership  or  corporation,  without
     5  public  bidding  or public sale, provided there is published in at least
     6  one newspaper of general circulation in the municipality  in  which  the
     7  project is located a notice which shall include a statement of the iden-
     8  tity  of  the  proposed  purchaser  or lessee and of his proposed use or
     9  reuse of the land use improvement project  area  or  applicable  portion
    10  thereof, the price or rental to be paid by such purchaser or lessee, all
    11  other essential conditions of such sale or lease, and a statement that a
    12  public  hearing  upon  such sale or lease will be held before the corpo-
    13  ration at a specified time and place on a date not less than [ten] thir-
    14  ty days after such publication, and provided further  that  such  public
    15  hearing is held in accordance with such notice.
    16    §  2.  Subdivision  2  of section 8 of section 1 of chapter 174 of the
    17  laws of 1968 constituting the New York state  urban  development  corpo-
    18  ration act is amended to read as follows:
    19    (2) Before any sale or lease of all or a substantial part of a project
    20  as  authorized  by subdivision one of this section is consummated, there
    21  shall be published in at least one newspaper of general  circulation  in
    22  the  municipality  in  which the project is located a notice which shall
    23  include a statement of the identity of the proposed purchaser or lessee,
    24  the price or rental to be paid, all other essential conditions  of  such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08709-01-7

        A. 3749                             2
     1  sale  or  lease, and a statement that a public hearing upon such sale or
     2  lease will be held before the corporation at a specified time and  place
     3  on  a  date  not less than [ten] thirty days after such publication, and
     4  such  hearing  shall  be  held in accordance with such notice; provided,
     5  however, that if the corporation determines that trade secrets or  other
     6  confidential  information  about the prospective purchaser's or lessee's
     7  business operations, products, processes or designs would  otherwise  be
     8  revealed  by  such public notice and public hearing, the requirements of
     9  this subdivision may be waived by unanimous vote of the directors of the
    10  corporation.
    11    § 3. Subdivision 2 of section 14 of section 1 of chapter  174  of  the
    12  laws  of  1968  constituting the New York state urban development corpo-
    13  ration act, as amended by chapter 576 of the laws of 1969, is amended to
    14  read as follows:
    15    (2) Notwithstanding the provisions of any general,  special  or  local
    16  law  or  charter, any municipality, by resolution of its local governing
    17  body, is hereby empowered without  referendum,  public  auction,  sealed
    18  bids  or  public notice, to sell, lease for a term not exceeding ninety-
    19  nine years, grant or convey to the corporation any real  property  owned
    20  by  it which the corporation shall certify to be necessary or convenient
    21  for its corporate purposes. Any such sale, lease,  grant  or  conveyance
    22  shall  be  made  with  or  without consideration and upon such terms and
    23  conditions as may be agreed upon by such  municipality  and  the  corpo-
    24  ration.  Certification  shall  be evidenced by a formal request from the
    25  president of the corporation. Before any  such  sale,  lease,  grant  or
    26  conveyance  may  be  made  to the corporation, a public hearing shall be
    27  held by the local governing body to consider the same.  Notice  of  such
    28  hearing  shall  be  published at least [ten] thirty days before the date
    29  set for the hearing in such publication and in such  manner  as  may  be
    30  designated by the local governing body.
    31    §  4.  Subparagraph (iii) of paragraph (b) of subdivision 2 of section
    32  16 of section 1 of chapter 174 of the laws of 1968 constituting the  New
    33  York  state urban development corporation act, as amended by chapter 732
    34  of the laws of 1990, is amended to read as follows:
    35    (iii) in any city having a population of one million or more,  provide
    36  to  any  community  board in which the project will be located, a notice
    37  that such plan will be filed upon its adoption by  the  corporation  and
    38  that  digests  thereof  will be available, which notice shall also state
    39  that a public hearing will be held to consider the plan at  a  specified
    40  time  and  place  on  a  date not less than [ten] thirty days after such
    41  publication;
    42    § 5. This act shall take effect immediately.
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