Bill Text: NY S01544 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Expands the membership of the board of standards and appeals to thirteen members, with the eight additional members to be appointed, one each, by the borough presidents, public advocate, comptroller and city council.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CITIES [S01544 Detail]

Download: New_York-2017-S01544-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          1544
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 10, 2017
                                       ___________
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities
        AN ACT to amend the New York city charter, in relation to expanding  the
          membership of the board of standards and appeals to thirteen members
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Declaration of legislative findings and  intent.  Prior  to
     2  the  1991  revision  of the New York city charter and elimination of the
     3  board of estimate, zoning and special permit decisions made by the board
     4  of standards and appeals could be reviewed by  the  board  of  estimate,
     5  comprised of city-wide elected officials including the mayor, the presi-
     6  dent  of  the  city council, the comptroller and the borough presidents.
     7  The effect of this review process was to ensure that the public's  voice
     8  was  considered in this significant decision-making process. The charter
     9  revision did not continue the review authority of the board of  estimate
    10  on  zoning issues and such authority was not vested in any other body of
    11  elected officials. Thus the mayor retains sole appointment powers in the
    12  membership of the board of standards and appeals.
    13    This amendment to the charter adds eight  additional  members  to  the
    14  board  of  standards  and  appeals  to  be  appointed by the other major
    15  elected officials in city government,  the  borough  presidents,  public
    16  advocate,  comptroller and city council. This change introduces a neces-
    17  sary check on the board of standards and appeals' authority and  returns
    18  the public voice to the decision-making process in the area of zoning.
    19    §  2.  Subdivision  a  of section 659 of the New York city charter, as
    20  added by local law number 49 of the city of New York for the year  1991,
    21  is amended to read as follows:
    22    a.  There  shall  be  an  independent  board  of standards and appeals
    23  located within the office of administrative  trials  and  hearings.  The
    24  board  of standards and appeals shall consist of [five] thirteen members
    25  to be termed commissioners, five to be appointed by  the  mayor  [each],
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00600-01-7
        S. 1544                             2
     1  five  to  be  appointed,  one each, by the borough presidents, one to be
     2  appointed by the public advocate, one to be appointed by the comptroller
     3  and one to be appointed by the city council. Each member shall serve for
     4  a term of six years.
     5    § 3. This act shall take effect immediately.