Bill Text: NY A03777 | 2015-2016 | General Assembly | Introduced
Bill Title: Makes residential facilities controlled by state agencies subject to local site plan review.
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Introduced - Dead) 2015-05-14 - enacting clause stricken [A03777 Detail]
Download: New_York-2015-A03777-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3777
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
___________
Introduced by M. of A. STEC, DUPREY, FINCH -- Multi-Sponsored by -- M.
of A. KOLB, McDONALD, TENNEY -- read once and referred to the Commit-
tee 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:
1 Section 1. Section 27-a of the general city law is amended by adding a
2 new subdivision 1-a to read as follows:
3 1-A. WAIVER OF STATE IMMUNITY. THE STATE HEREBY WAIVES ITS IMMUNITY
4 FROM LIABILITY FOR THE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION
5 SOLELY WITH REGARD TO RESIDENTIAL FACILITIES. EVERY STATE AGENCY SHALL
6 SUBMIT A SITE PLAN FOR EACH PARCEL OF LAND UNDER ITS CONTROL UPON WHICH
7 A RESIDENTIAL FACILITY IS TO BE OR HAS BEEN CONSTRUCTED. FOR THE
8 PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS ANY DEPARTMENT, BUREAU,
9 COMMISSION, BOARD, PUBLIC AUTHORITY OR OTHER AGENCY OF THE STATE,
10 INCLUDING ANY PUBLIC BENEFIT CORPORATION ANY MEMBER OF WHOSE BOARD IS
11 APPOINTED BY THE GOVERNOR.
12 S 2. Section 274-a of the town law is amended by adding a new subdivi-
13 sion 1-a to read as follows:
14 1-A. WAIVER OF STATE IMMUNITY. THE STATE HEREBY WAIVES ITS IMMUNITY
15 FROM LIABILITY FOR THE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION
16 SOLELY WITH REGARD TO RESIDENTIAL FACILITIES. EVERY STATE AGENCY SHALL
17 SUBMIT A SITE PLAN FOR EACH PARCEL OF LAND UNDER ITS CONTROL UPON WHICH
18 A RESIDENTIAL FACILITY IS TO BE OR HAS BEEN CONSTRUCTED. FOR THE
19 PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS ANY DEPARTMENT, BUREAU,
20 COMMISSION, BOARD, PUBLIC AUTHORITY OR OTHER AGENCY OF THE STATE,
21 INCLUDING ANY PUBLIC BENEFIT CORPORATION ANY MEMBER OF WHOSE BOARD IS
22 APPOINTED BY THE GOVERNOR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06263-01-5
A. 3777 2
1 S 3. Section 7-725-a of the village law is amended by adding a new
2 subdivision 1-a to read as follows:
3 1-A. WAIVER OF STATE IMMUNITY. THE STATE HEREBY WAIVES ITS IMMUNITY
4 FROM LIABILITY FOR THE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION
5 SOLELY WITH REGARD TO RESIDENTIAL FACILITIES. EVERY STATE AGENCY SHALL
6 SUBMIT A SITE PLAN FOR EACH PARCEL OF LAND UNDER ITS CONTROL UPON WHICH
7 A RESIDENTIAL FACILITY IS TO BE OR HAS BEEN CONSTRUCTED. FOR THE
8 PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS ANY DEPARTMENT, BUREAU,
9 COMMISSION, BOARD, PUBLIC AUTHORITY OR OTHER AGENCY OF THE STATE,
10 INCLUDING ANY PUBLIC BENEFIT CORPORATION ANY MEMBER OF WHOSE BOARD IS
11 APPOINTED BY THE GOVERNOR.
12 S 4. Within 90 days of the effective date of this act each state agen-
13 cy which has constructed a residential facility upon any parcel of land
14 under its control prior to the effective date of this act shall submit a
15 site plan for such parcel to the appropriate city, town or village.
16 S 5. This act shall take effect on the thirtieth day after it shall
17 have become a law.
