Requires the preparation of a neighborhood impact statement prior to the construction of a homeless shelter in cities with a population of one million or more.
STATE OF NEW YORK
________________________________________________________________________
6303--A
2019-2020 Regular Sessions
IN ASSEMBLY
March 5, 2019
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Social Services -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the social services law, in relation to requiring the
preparation of a neighborhood impact statement prior to the
construction of a homeless shelter 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. Article 2-A of the social services law is amended by adding
2 a new title 5 to read as follows:
3 TITLE 5
4 NEIGHBORHOOD IMPACT STATEMENT
5 Section 54. Neighborhood impact statement.
6 § 54. Neighborhood impact statement. 1. For purposes of this section,
7 the term:
8 (a) "city" means any city with a population of one million or more;
9 (b) "project" shall mean a project:
10 (i) (A) directly undertaken by the mayor of a city, regardless of
11 whether or not such project is being undertaken pursuant to a declara-
12 tion of emergency; or
13 (B) supported in whole or part through contracts, grants, subsidies,
14 loans, or other forms of funding assistance from the city or from one or
15 more agencies; or
16 (C) involving the issuance by the city of a lease, permit, license,
17 certificate or other entitlement; and
18 (ii) designed in whole or in part to provide shelter to the homeless;
19 (c) "neighborhood" means the area located within the zip code or
20 community board area where the project will be located.
21 2. A city shall use all practicable means, to the maximum extent prac-
22 ticable, to minimize or avoid adverse neighborhood effects, including
23 effects revealed in the neighborhood impact statement process.
24 3. Any city, by and through its city council, shall prepare, or cause
25 to be prepared by contract or otherwise a draft and final neighborhood
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10142-03-9
A. 6303--A 2
1 impact statement on any project which may have a significant effect on
2 the neighborhood where such project shall be located. Such a statement
3 shall include a detailed statement setting forth the following:
4 (a) a description of the proposed project and its neighborhood
5 setting;
6 (b) the neighborhood impact of the proposed project including short-
7 term and long-term effects;
8 (c) any adverse neighborhood effects which cannot be avoided should
9 the project be implemented;
10 (d) alternatives to the proposed project;
11 (e) the number of schools in the neighborhood, the location of each
12 school and the distance of each school from the location of the project;
13 (f) the number of day care centers in the neighborhood, the location
14 of each day care center and the distance of each day care center from
15 the location of the project;
16 (g) the number of senior centers or senior housing facilities in the
17 neighborhood, the location of each senior center or senior housing
18 facility and the distance of each senior center or senior housing facil-
19 ity from the location of the project;
20 (h) the number of parks in the neighborhood, the location of each park
21 and the distance of each park from the location of the project;
22 (i) the number of playgrounds in the neighborhood, the location of
23 each playground and the distance of each playground from the location of
24 the project;
25 (j) the impact of the project on the existing infrastructure of the
26 neighborhood;
27 (k) the impact of the project on the local economy of the neighbor-
28 hood;
29 (l) mitigation measures proposed to minimize the impact of the project
30 on the neighborhood; and
31 (m) such other information as the city council deems relevant.
32 4. Such final neighborhood impact statement shall also include copies
33 or a summary of the substantive comments made pursuant to subdivision
34 five of this section, and the city response to such comments. The
35 purpose of a neighborhood impact statement is to provide detailed infor-
36 mation about the effect which a proposed project is likely to have on a
37 neighborhood, to list ways in which any adverse effects of such a
38 project might be minimized, and to suggest alternatives to such a
39 project so as to form the basis for a decision whether or not to under-
40 take or approve such project. Such statement should be clearly written
41 in a concise manner capable of being read and understood by the public,
42 should deal with the specific significant neighborhood impacts which can
43 be reasonably anticipated and should not contain more detail than is
44 appropriate considering the nature and magnitude of the proposed project
45 and the significance of its potential impacts.
46 5. After the completion of the draft neighborhood impact statement the
47 city shall conduct a public hearing for public comment on the neighbor-
48 hood impact of the project. Such hearing shall be held within sixty days
49 of the completion of the neighborhood impact statement.
50 6. The final neighborhood impact statement, together with the comments
51 of members of the public, shall be filed with the city, made available
52 to the public, and posted on the Internet website of the city prior to
53 the city taking any action on the proposal.
54 § 2. This act shall take effect immediately.