Bill Text: NY A09993 | 2017-2018 | General Assembly | Amended


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

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2018-06-11 - substituted by s7912a [A09993 Detail]

Download: New_York-2017-A09993-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         9993--A
                   IN ASSEMBLY
                                      March 7, 2018
                                       ___________
        Introduced  by  M.  of A. PAULIN, OTIS, SEAWRIGHT, VANEL, SIMON, BARRON,
          NIOU -- Multi-Sponsored by -- M. of A. DE LA ROSA  --  read  once  and
          referred to the Committee on Corporations, Authorities and Commissions
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee
        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] twen-
    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.
                                                                   LBD08709-02-8

        A. 9993--A                          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] twenty 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] twenty 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] twenty days after such
    41  publication;
    42    § 5. This act shall take effect immediately.
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