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A09798 Summary:

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A09798 Floor Votes:

A09798 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9798
 
                   IN ASSEMBLY
 
                                      May 22, 2014
                                       ___________
 
        Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
 
        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    § 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
    23  include a statement of the identity of the proposed purchaser or lessee,
    24  the  price  or rental to be paid, all other essential conditions of such

    25  sale or lease, and a statement that a public hearing upon such  sale  or
    26  lease  will be held before the corporation at a specified time and place
    27  on a date not less than [ten] thirty days after  such  publication,  and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15110-02-4
        A. 9798                             2
 
     1  such  hearing  shall  be  held in accordance with such notice; provided,
     2  however, that if the corporation determines that trade secrets or  other
     3  confidential  information  about the prospective purchaser's or lessee's
     4  business  operations,  products, processes or designs would otherwise be

     5  revealed by such public notice and public hearing, the  requirements  of
     6  this subdivision may be waived by unanimous vote of the directors of the
     7  corporation.
     8    §  3.  Subdivision  2 of section 14 of section 1 of chapter 174 of the
     9  laws of 1968 constituting the New York state  urban  development  corpo-
    10  ration act, as amended by chapter 576 of the laws of 1969, is amended to
    11  read as follows:
    12    (2)  Notwithstanding  the  provisions of any general, special or local
    13  law or charter, any municipality, by resolution of its  local  governing
    14  body,  is  hereby  empowered  without referendum, public auction, sealed
    15  bids or public notice, to sell, lease for a term not  exceeding  ninety-
    16  nine  years,  grant or convey to the corporation any real property owned
    17  by it which the corporation shall certify to be necessary or  convenient

    18  for  its  corporate  purposes. Any such sale, lease, grant or conveyance
    19  shall be made with or without consideration  and  upon  such  terms  and
    20  conditions  as  may  be  agreed upon by such municipality and the corpo-
    21  ration. Certification shall be evidenced by a formal  request  from  the
    22  president  of  the  corporation.  Before  any such sale, lease, grant or
    23  conveyance may be made to the corporation, a  public  hearing  shall  be
    24  held  by  the  local governing body to consider the same. Notice of such
    25  hearing shall be published at least [ten] thirty days  before  the  date
    26  set  for  the  hearing  in such publication and in such manner as may be
    27  designated by the local governing body.
    28    § 4. Subparagraph (iii) of paragraph (b) of subdivision 2  of  section
    29  16  of section 1 of chapter 174 of the laws of 1968 constituting the New

    30  York state urban development corporation act, as amended by chapter  732
    31  of the laws of 1990, is amended to read as follows:
    32    (iii)  in any city having a population of one million or more, provide
    33  to any community board in which the project will be  located,  a  notice
    34  that  such  plan  will be filed upon its adoption by the corporation and
    35  that digests thereof will be available, which notice  shall  also  state
    36  that  a  public hearing will be held to consider the plan at a specified
    37  time and place on a date not less than  [ten]  thirty  days  after  such
    38  publication;
    39    § 5. This act shall take effect immediately.