Enacts the "community notification and empowerment act"; requires state agencies proposing an opening, expansion or reduction of a state facility in a city with a population of one million or more to submit a written proposal of such to the community planning board, the city planning commission, the city council member representing the area, the state senator and assemblyperson representing the area and the borough president.
STATE OF NEW YORK
________________________________________________________________________
1679
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
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 § 908-a. Short title. This article shall be known and may be cited as
14 the "community notification and empowerment act".
15 § 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00229-01-9
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1 (c) (1) the property is owned or leased by the state; or
2 (2) the facility receives at least fifty percent of its annual revenue
3 from the state; and
4 (3) the facility to be sited receives three hundred thousand dollars
5 or more from the state per annum.
6 However, the definitions of "state facility" set forth in this subdi-
7 vision shall not include space used or to be used for administrative
8 offices or data processing or class room instruction or child day care
9 centers or case management or outpatient health care services or non-re-
10 sidential social services or facilities subject pursuant to tax credits
11 in section 42 of the Internal Revenue Code or the use or uses contem-
12 plated by section 41.34 of the mental hygiene law or the use or uses
13 contemplated by article six-A of the social services law or the use or
14 uses governed by the land use review sections of the charter of a city
15 with a population of one million or more so that the provisions of this
16 article shall not be deemed to supersede otherwise applicable siting
17 procedures existing by law, rule or regulation.
18 2. "Expansion of a state facility" shall mean the addition of real
19 property by purchase, lease or otherwise, or the construction of an
20 enlargement, which would expand the lot area or floor area of a state
21 facility by twenty-five percent or more and by at least five hundred
22 square feet.
23 § 908-c. Process for siting state facilities in a city with a popu-
24 lation of one million or more. Not less than thirty-five days prior to
25 signing a lease for an opening or the expansion of a state facility in a
26 city with a population of one million or more, or not less than fifteen
27 days prior to construction for the opening or expansion of a state
28 facility in a city with a population or one million or more, the entity
29 proposing such shall submit a written notice, not to exceed ten pages,
30 regarding such proposed action, considering and setting forth the avail-
31 ability of other locations for such facility to the community board,
32 the city planning commission, the city council member representing the
33 area within which the facility is proposed to be opened or expanded, the
34 president of the borough within which the facility is proposed to be
35 opened or expanded, and the state senator and assemblyperson represent-
36 ing the area within which the facility is proposed to be opened or
37 expanded. Further, such written notice shall set forth information
38 available to the state agency or state facility that describes: (a) the
39 purpose of the proposed facility; (b) the locations being considered as
40 sites for the facility; (c) the services to be provided at the facility;
41 (d) the proposed hours of operation of the facility; (e) the expected
42 impact of such facility on the area surrounding the facility, including
43 but not limited to noise, traffic, parking, and number of persons
44 expected to be employed or housed at the site of the facility; and such
45 other information may include for the city planning commission, city
46 council member, state senator, assemblyperson, borough president, and
47 community board to conduct a review of the proposed facility pursuant to
48 the criteria set forth in section nine hundred eight-d of this article.
49 Such community board, city council member, city planning commission,
50 state senator, assemblyperson, and borough president may review and make
51 recommendations not to exceed ten pages, based upon such written notice
52 by the entity proposing the opening, expansion or reduction of a state
53 facility within sixty days of receipt thereof. Any recommendation by
54 such community board, city council member, state senator, assemblyper-
55 son, borough president, or city planning commission of such city may be
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1 submitted to the entity proposing the opening, expansion or reduction of
2 a state facility.
3 § 908-d. Criteria for siting state facilities in a city with a popu-
4 lation of one million or more. In addition to any criteria required or
5 permitted by any other law, rule or regulation, the following criteria
6 may be considered by the community board, city council member, state
7 senator, assemblyperson, borough president, and city planning commission
8 in reviewing notices for the siting of a state facility in a city with a
9 population of one million or more:
10 1. The compatibility of the proposed facility with existing facilities
11 and programs, both state and non-state, in the immediate vicinity of the
12 proposed site;
13 2. The extent to which neighborhood character would be adversely
14 affected by a concentration of state and/or non-state facilities;
15 3. The suitability of the site to provide cost-effective delivery of
16 the intended services, including the convenience of the proposed site
17 for the population intended to be served by the proposed service; and
18 4. Consistency with any land use plans adopted for the affected area.
19 § 908-e. State response. If the entity proposing the opening or expan-
20 sion of a state facility in a city with a population of one million or
21 more chooses to act in a manner inconsistent with any or all of the
22 recommendations given pursuant to section nine hundred eight-c of this
23 article by any of the persons or entities authorized to make recommenda-
24 tions by such section, such entity proposing the opening or expansion of
25 a state facility shall issue a written report explaining such actions
26 and the reasons why the actions were taken instead of the actions recom-
27 mended pursuant to section nine hundred eight-c of this article.
28 § 2. This act shall take effect on the one hundred twentieth day after
29 it shall have become a law.
