Bill Text: NY S00791 | 2023-2024 | General Assembly | Amended


Bill Title: Extends the amount of time between notice of a project and a public hearing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-02-05 - ADVANCED TO THIRD READING [S00791 Detail]

Download: New_York-2023-S00791-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         791--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 6, 2023
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Corporations,  Authorities
          and  Commissions  --  recommitted  to  the  Committee on Corporations,
          Authorities and Commissions in accordance with Senate Rule 6,  sec.  8
          --  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] 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03325-02-4

        S. 791--A                           2

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