Bill Text: NY S02415 | 2015-2016 | 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 7-0)

Status: (Vetoed) 2015-10-26 - VETOED MEMO.214 [S02415 Detail]

Download: New_York-2015-S02415-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2415
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 23, 2015
                                      ___________
       Introduced by Sens. PERKINS, AVELLA, HOYLMAN, KRUEGER, MONTGOMERY, PARK-
         ER,  SAMPSON -- read twice and ordered printed, and when printed to be
         committed to the Committee on Corporations,  Authorities  and  Commis-
         sions
       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    S  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06951-01-5
       S. 2415                             2
    1  include a statement of the identity of the proposed purchaser or lessee,
    2  the price or rental to be paid, all other essential conditions  of  such
    3  sale  or  lease, and a statement that a public hearing upon such sale or
    4  lease  will be held before the corporation at a specified time and place
    5  on a date not less than [ten] THIRTY days after  such  publication,  and
    6  such  hearing  shall  be  held in accordance with such notice; provided,
    7  however, that if the corporation determines that trade secrets or  other
    8  confidential  information  about the prospective purchaser's or lessee's
    9  business operations, products, processes or designs would  otherwise  be
   10  revealed  by  such public notice and public hearing, the requirements of
   11  this subdivision may be waived by unanimous vote of the directors of the
   12  corporation.
   13    S 3. Subdivision 2 of section 14 of section 1 of chapter  174  of  the
   14  laws  of  1968  constituting the New York state urban development corpo-
   15  ration act, as amended by chapter 576 of the laws of 1969, is amended to
   16  read as follows:
   17    (2) Notwithstanding the provisions of any general,  special  or  local
   18  law  or  charter, any municipality, by resolution of its local governing
   19  body, is hereby empowered without  referendum,  public  auction,  sealed
   20  bids  or  public notice, to sell, lease for a term not exceeding ninety-
   21  nine years, grant or convey to the corporation any real  property  owned
   22  by  it which the corporation shall certify to be necessary or convenient
   23  for its corporate purposes. Any such sale, lease,  grant  or  conveyance
   24  shall  be  made  with  or  without consideration and upon such terms and
   25  conditions as may be agreed upon by such  municipality  and  the  corpo-
   26  ration.  Certification  shall  be evidenced by a formal request from the
   27  president of the corporation. Before any  such  sale,  lease,  grant  or
   28  conveyance  may  be  made  to the corporation, a public hearing shall be
   29  held by the local governing body to consider the same.  Notice  of  such
   30  hearing  shall  be  published at least [ten] THIRTY days before the date
   31  set for the hearing in such publication and in such  manner  as  may  be
   32  designated by the local governing body.
   33    S  4.  Subparagraph (iii) of paragraph (b) of subdivision 2 of section
   34  16 of section 1 of chapter 174 of the laws of 1968 constituting the  New
   35  York  state urban development corporation act, as amended by chapter 732
   36  of the laws of 1990, is amended to read as follows:
   37    (iii) in any city having a population of one million or more,  provide
   38  to  any  community  board in which the project will be located, a notice
   39  that such plan will be filed upon its adoption by  the  corporation  and
   40  that  digests  thereof  will be available, which notice shall also state
   41  that a public hearing will be held to consider the plan at  a  specified
   42  time  and  place  on  a  date not less than [ten] THIRTY days after such
   43  publication;
   44    S 5. This act shall take effect immediately.
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