S T A T E O F N E W Y O R K
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2942
2013-2014 Regular Sessions
I N A S S E M B L Y
January 22, 2013
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Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Cities
AN ACT to amend the executive law, in relation to establishing criteria
for the location of state facilities in cities with a population of
one million or more
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The executive law is amended by adding a new article 41-A
2 to read as follows:
3 ARTICLE 41-A
4 LOCATION OF STATE FACILITIES IN CITIES
5 WITH A POPULATION OF ONE MILLION OR MORE
6 SECTION 908-A. SHORT TITLE.
7 908-B. DEFINITIONS.
8 908-C. PROCESS FOR SITING STATE FACILITIES IN A CITY WITH A
9 POPULATION OF ONE MILLION OR MORE.
10 908-D. CRITERIA FOR SITING STATE FACILITIES IN A CITY WITH A
11 POPULATION OF ONE MILLION OR MORE.
12 908-E. STATE RESPONSE.
13 S 908-A. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
14 THE "COMMUNITY NOTIFICATION AND EMPOWERMENT ACT".
15 S 908-B. DEFINITIONS. WHEN USED IN THIS ARTICLE THE FOLLOWING TERMS
16 SHALL HAVE THE FOLLOWING MEANINGS:
17 1. "STATE FACILITY" SHALL MEAN ANY FACILITY, EXCEPT FACILITIES SUBJECT
18 TO REAL PROPERTY TAX EXEMPTION OR TAX ABATEMENTS UNDER SECTION FOUR
19 HUNDRED EIGHTY-NINE OF THE REAL PROPERTY TAX LAW, THAT MEETS THE FOLLOW-
20 ING CRITERIA:
21 (A) THE FACILITY PROVIDES STATE SERVICES; AND
22 (B) THE FACILITY CONSISTS OF PROPERTY CONTAINING TWENTY-FIVE THOUSAND
23 SQUARE FEET OR MORE; AND
24 (C) (1) THE PROPERTY IS OWNED OR LEASED BY THE STATE; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00659-01-3
A. 2942 2
1 (2) THE FACILITY RECEIVES AT LEAST FIFTY PERCENT OF ITS ANNUAL REVENUE
2 FROM THE STATE; AND
3 (3) THE FACILITY TO BE SITED RECEIVES THREE HUNDRED THOUSAND DOLLARS
4 OR MORE FROM THE STATE PER ANNUM.
5 HOWEVER, THE DEFINITIONS OF "STATE FACILITY" SET FORTH IN THIS SUBDI-
6 VISION SHALL NOT INCLUDE SPACE USED OR TO BE USED FOR ADMINISTRATIVE
7 OFFICES OR DATA PROCESSING OR CLASS ROOM INSTRUCTION OR CHILD DAY CARE
8 CENTERS OR CASE MANAGEMENT OR OUTPATIENT HEALTH CARE SERVICES OR NON-RE-
9 SIDENTIAL SOCIAL SERVICES OR FACILITIES SUBJECT PURSUANT TO TAX CREDITS
10 IN SECTION 42 OF THE INTERNAL REVENUE CODE OR THE USE OR USES CONTEM-
11 PLATED BY SECTION 41.34 OF THE MENTAL HYGIENE LAW OR THE USE OR USES
12 CONTEMPLATED BY ARTICLE SIX-A OF THE SOCIAL SERVICES LAW OR THE USE OR
13 USES GOVERNED BY THE LAND USE REVIEW SECTIONS OF THE CHARTER OF A CITY
14 WITH A POPULATION OF ONE MILLION OR MORE SO THAT THE PROVISIONS OF THIS
15 ARTICLE SHALL NOT BE DEEMED TO SUPERSEDE OTHERWISE APPLICABLE SITING
16 PROCEDURES EXISTING BY LAW, RULE OR REGULATION.
17 2. "EXPANSION OF A STATE FACILITY" SHALL MEAN THE ADDITION OF REAL
18 PROPERTY BY PURCHASE, LEASE OR OTHERWISE, OR THE CONSTRUCTION OF AN
19 ENLARGEMENT, WHICH WOULD EXPAND THE LOT AREA OR FLOOR AREA OF A STATE
20 FACILITY BY TWENTY-FIVE PERCENT OR MORE AND BY AT LEAST FIVE HUNDRED
21 SQUARE FEET.
22 S 908-C. PROCESS FOR SITING STATE FACILITIES IN A CITY WITH A POPU-
23 LATION OF ONE MILLION OR MORE. NOT LESS THAN THIRTY-FIVE DAYS PRIOR TO
24 SIGNING A LEASE FOR AN OPENING OR THE EXPANSION OF A STATE FACILITY IN A
25 CITY WITH A POPULATION OF ONE MILLION OR MORE, OR NOT LESS THAN FIFTEEN
26 DAYS PRIOR TO CONSTRUCTION FOR THE OPENING OR EXPANSION OF A STATE
27 FACILITY IN A CITY WITH A POPULATION OR ONE MILLION OR MORE, THE ENTITY
28 PROPOSING SUCH SHALL SUBMIT A WRITTEN NOTICE, NOT TO EXCEED TEN PAGES,
29 REGARDING SUCH PROPOSED ACTION, CONSIDERING AND SETTING FORTH THE AVAIL-
30 ABILITY OF OTHER LOCATIONS FOR SUCH FACILITY TO THE COMMUNITY BOARD,
31 THE CITY PLANNING COMMISSION, THE CITY COUNCIL MEMBER REPRESENTING THE
32 AREA WITHIN WHICH THE FACILITY IS PROPOSED TO BE OPENED OR EXPANDED, THE
33 PRESIDENT OF THE BOROUGH WITHIN WHICH THE FACILITY IS PROPOSED TO BE
34 OPENED OR EXPANDED, AND THE STATE SENATOR AND ASSEMBLYPERSON REPRESENT-
35 ING THE AREA WITHIN WHICH THE FACILITY IS PROPOSED TO BE OPENED OR
36 EXPANDED. FURTHER, SUCH WRITTEN NOTICE SHALL SET FORTH INFORMATION
37 AVAILABLE TO THE STATE AGENCY OR STATE FACILITY THAT DESCRIBES: (A) THE
38 PURPOSE OF THE PROPOSED FACILITY; (B) THE LOCATIONS BEING CONSIDERED AS
39 SITES FOR THE FACILITY; (C) THE SERVICES TO BE PROVIDED AT THE FACILITY;
40 (D) THE PROPOSED HOURS OF OPERATION OF THE FACILITY; (E) THE EXPECTED
41 IMPACT OF SUCH FACILITY ON THE AREA SURROUNDING THE FACILITY, INCLUDING
42 BUT NOT LIMITED TO NOISE, TRAFFIC, PARKING, AND NUMBER OF PERSONS
43 EXPECTED TO BE EMPLOYED OR HOUSED AT THE SITE OF THE FACILITY; AND SUCH
44 OTHER INFORMATION MAY INCLUDE FOR THE CITY PLANNING COMMISSION, CITY
45 COUNCIL MEMBER, STATE SENATOR, ASSEMBLYPERSON, BOROUGH PRESIDENT, AND
46 COMMUNITY BOARD TO CONDUCT A REVIEW OF THE PROPOSED FACILITY PURSUANT TO
47 THE CRITERIA SET FORTH IN SECTION NINE HUNDRED EIGHT-D OF THIS ARTICLE.
48 SUCH COMMUNITY BOARD, CITY COUNCIL MEMBER, CITY PLANNING COMMISSION,
49 STATE SENATOR, ASSEMBLYPERSON, AND BOROUGH PRESIDENT MAY REVIEW AND MAKE
50 RECOMMENDATIONS NOT TO EXCEED TEN PAGES, BASED UPON SUCH WRITTEN NOTICE
51 BY THE ENTITY PROPOSING THE OPENING, EXPANSION OR REDUCTION OF A STATE
52 FACILITY WITHIN SIXTY DAYS OF RECEIPT THEREOF. ANY RECOMMENDATION BY
53 SUCH COMMUNITY BOARD, CITY COUNCIL MEMBER, STATE SENATOR, ASSEMBLYPER-
54 SON, BOROUGH PRESIDENT, OR CITY PLANNING COMMISSION OF SUCH CITY MAY BE
55 SUBMITTED TO THE ENTITY PROPOSING THE OPENING, EXPANSION OR REDUCTION OF
56 A STATE FACILITY.
A. 2942 3
1 S 908-D. CRITERIA FOR SITING STATE FACILITIES IN A CITY WITH A POPU-
2 LATION OF ONE MILLION OR MORE. IN ADDITION TO ANY CRITERIA REQUIRED OR
3 PERMITTED BY ANY OTHER LAW, RULE OR REGULATION, THE FOLLOWING CRITERIA
4 MAY BE CONSIDERED BY THE COMMUNITY BOARD, CITY COUNCIL MEMBER, STATE
5 SENATOR, ASSEMBLYPERSON, BOROUGH PRESIDENT, AND CITY PLANNING COMMISSION
6 IN REVIEWING NOTICES FOR THE SITING OF A STATE FACILITY IN A CITY WITH A
7 POPULATION OF ONE MILLION OR MORE:
8 1. THE COMPATIBILITY OF THE PROPOSED FACILITY WITH EXISTING FACILITIES
9 AND PROGRAMS, BOTH STATE AND NON-STATE, IN THE IMMEDIATE VICINITY OF THE
10 PROPOSED SITE;
11 2. THE EXTENT TO WHICH NEIGHBORHOOD CHARACTER WOULD BE ADVERSELY
12 AFFECTED BY A CONCENTRATION OF STATE AND/OR NON-STATE FACILITIES;
13 3. THE SUITABILITY OF THE SITE TO PROVIDE COST-EFFECTIVE DELIVERY OF
14 THE INTENDED SERVICES, INCLUDING THE CONVENIENCE OF THE PROPOSED SITE
15 FOR THE POPULATION INTENDED TO BE SERVED BY THE PROPOSED SERVICE; AND
16 4. CONSISTENCY WITH ANY LAND USE PLANS ADOPTED FOR THE AFFECTED AREA.
17 S 908-E. STATE RESPONSE. IF THE ENTITY PROPOSING THE OPENING OR EXPAN-
18 SION OF A STATE FACILITY IN A CITY WITH A POPULATION OF ONE MILLION OR
19 MORE CHOOSES TO ACT IN A MANNER INCONSISTENT WITH ANY OR ALL OF THE
20 RECOMMENDATIONS GIVEN PURSUANT TO SECTION NINE HUNDRED EIGHT-C OF THIS
21 ARTICLE BY ANY OF THE PERSONS OR ENTITIES AUTHORIZED TO MAKE RECOMMENDA-
22 TIONS BY SUCH SECTION, SUCH ENTITY PROPOSING THE OPENING OR EXPANSION OF
23 A STATE FACILITY SHALL ISSUE A WRITTEN REPORT EXPLAINING SUCH ACTIONS
24 AND THE REASONS WHY THE ACTIONS WERE TAKEN INSTEAD OF THE ACTIONS RECOM-
25 MENDED PURSUANT TO SECTION NINE HUNDRED EIGHT-C OF THIS ARTICLE.
26 S 2. This act shall take effect on the one hundred twentieth day after
27 it shall have become a law.