Bill Text: NY A06303 | 2019-2020 | General Assembly | Amended


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to social services [A06303 Detail]

Download: New_York-2019-A06303-Amended.html


                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.
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