Bill Text: NY S01875 | 2019-2020 | 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 1-0)

Status: (Engrossed) 2019-02-12 - referred to corporations, authorities and commissions [S01875 Detail]

Download: New_York-2019-S01875-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1875
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 17, 2019
                                       ___________
        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee 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] 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,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00795-02-9

        S. 1875                             2
     1  the price or rental to be paid, all other essential conditions  of  such
     2  sale  or  lease, and a statement that a public hearing upon such sale or
     3  lease will be held before the corporation at a specified time and  place
     4  on  a  date  not less than [ten] twenty days after such publication, and
     5  such hearing shall be held in accordance  with  such  notice;  provided,
     6  however,  that if the corporation determines that trade secrets or other
     7  confidential information about the prospective purchaser's  or  lessee's
     8  business  operations,  products, processes or designs would otherwise be
     9  revealed by such public notice and public hearing, the  requirements  of
    10  this subdivision may be waived by unanimous vote of the directors of the
    11  corporation.
    12    §  3.  Subdivision  2 of section 14 of section 1 of chapter 174 of the
    13  laws of 1968 constituting the New York state  urban  development  corpo-
    14  ration act, as amended by chapter 576 of the laws of 1969, is amended to
    15  read as follows:
    16    (2)  Notwithstanding  the  provisions of any general, special or local
    17  law or charter, any municipality, by resolution of its  local  governing
    18  body,  is  hereby  empowered  without referendum, public auction, sealed
    19  bids or public notice, to sell, lease for a term not  exceeding  ninety-
    20  nine  years,  grant or convey to the corporation any real property owned
    21  by it which the corporation shall certify to be necessary or  convenient
    22  for  its  corporate  purposes. Any such sale, lease, grant or conveyance
    23  shall be made with or without consideration  and  upon  such  terms  and
    24  conditions  as  may  be  agreed upon by such municipality and the corpo-
    25  ration. Certification shall be evidenced by a formal  request  from  the
    26  president  of  the  corporation.  Before  any such sale, lease, grant or
    27  conveyance may be made to the corporation, a  public  hearing  shall  be
    28  held  by  the  local governing body to consider the same. Notice of such
    29  hearing shall be published at least [ten] twenty days  before  the  date
    30  set  for  the  hearing  in such publication and in such manner as may be
    31  designated by the local governing body.
    32    § 4. Subparagraph (iii) of paragraph (b) of subdivision 2  of  section
    33  16  of section 1 of chapter 174 of the laws of 1968 constituting the New
    34  York state urban development corporation act, as amended by chapter  732
    35  of the laws of 1990, is amended to read as follows:
    36    (iii)  in any city having a population of one million or more, provide
    37  to any community board in which the project will be  located,  a  notice
    38  that  such  plan  will be filed upon its adoption by the corporation and
    39  that digests thereof will be available, which notice  shall  also  state
    40  that  a  public hearing will be held to consider the plan at a specified
    41  time and place on a date not less than  [ten]  twenty  days  after  such
    42  publication;
    43    § 5. This act shall take effect immediately.
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