STATE OF NEW YORK
________________________________________________________________________
4643
2013-2014 Regular Sessions
IN SENATE
April 16, 2013
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to requiring compliance
with the uniform land use review procedure for the disposition of
school property in New York city
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 11 and 20 of section 454 of the education law,
2 subdivision 11 as added by chapter 999 of the laws of 1966 and subdivi-
3 sion 20 as amended by chapter 1036 of the laws of 1971, are amended to
4 read as follows:
5 11. Subject to the terms and conditions of any lease, sublease or
6 other agreement with third parties and to the determination of the board
7 of education that such real property is unnecessary for the present or
8 foreseeable future school building needs of the city of New York, to
9 surrender to the appropriate city official, for other public use or for
10 sale, lease or other disposition in accordance with law, real property
11 held by the fund for its corporate purposes; provided, however, that
12 prior to any such sale, lease or other disposition there shall be full
13 compliance with the provisions of section one hundred ninety-seven-c of
14 the New York city charter, relating to uniform land use review proce-
15 dure, or the provisions of any other local law of the city of New York
16 relating thereto;
17 20. At the request or with the approval of the board of education, to
18 grant, sell, license, lease or otherwise transfer without public auction
19 or bidding any real property or any rights or interests therein or ther-
20 eto, including fee interests, easements, space rights or air rights,
21 held by it and occupied or reserved for school purposes and needed
22 therefor, to a private individual or private or public corporation sole-
23 ly and exclusively for the purpose of developing and constructing there-
24 in or thereon a combined occupancy structure, or a part or portion ther-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09822-01-3
S. 4643 2
1 eof, or for the purpose of rehabilitating or improving an existing
2 school to become part of a combined occupancy structure within the mean-
3 ing of this article subject to a prior and enforceable agreement
4 approved by the board of education for the reconveyance, retransfer or
5 leaseback of the school portion thereof, upon completion, for use and
6 occupancy by the said board of education in those instances where a
7 grant, sale or lease has been made to such private individual or private
8 or public corporation; provided, however, that no such sale, lease or
9 transfer of lands or rights therein or thereto is authorized where the
10 development of a combined occupancy structure contemplates the erection
11 of nonschool facilities or improvements over an existing playground
12 unless such combined occupancy structure to be constructed over such
13 playground shall provide playground area at least equal in size to the
14 then existing playground area; provided further, however, that prior to
15 any grant, sale, license, lease or other transfer there shall be full
16 compliance with the provisions of section one hundred ninety-seven-c of
17 the New York city charter, relating to uniform land use review proce-
18 dure, or the provisions of any other local law of the city of New York
19 relating thereto;
20 § 2. Section 471 of the education law, as added by chapter 999 of the
21 laws of 1966, is amended to read as follows:
22 § 471. Inconsistent provisions of other laws superseded. Insofar as
23 the provisions of this article are inconsistent with the provisions of
24 any other general, special or local law, or with the provisions of any
25 charter or ordinance, the provisions of this article shall be control-
26 ling; provided, however, that the provisions of section one hundred
27 ninety-seven-c of the New York city charter shall apply as specified in
28 subdivisions eleven and twenty of section four hundred fifty-four of the
29 education law; and further provided, however, that nothing contained in
30 article ten of the education law shall in any way supersede the require-
31 ments regarding parental involvement and the powers and duties of the
32 community district education council with respect to proposed signif-
33 icant changes in school utilization, including but not limited to phase-
34 out, grade reconfiguration, re-siting or co-location of schools, and
35 which shall also be deemed to include the temporary relocation of
36 students that will result from any transfer of an existing school site
37 to a developer for construction of a combined occupancy structure. The
38 provisions of this article shall not be deemed to prevent the city of
39 New York from financing the cost of acquiring, constructing, recon-
40 structing, rehabilitating or improving one or more school buildings by
41 the issuance of bonds or capital notes pursuant to the local finance
42 law.
43 § 3. This act shall take effect immediately.
