Bill Text: NY S01875 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to extending the amount of time between notice of a project and a public hearing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-03-09 - PRINT NUMBER 1875A [S01875 Detail]

Download: New_York-2019-S01875-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1875--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    January 17, 2019
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Corporations,  Authorities
          and  Commissions  --  recommitted  to  the  Committee on Corporations,
          Authorities and Commissions in accordance with Senate Rule 6,  sec.  8
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee

        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] four-
    14  teen  business  days  after  such publication, and provided further that
    15  such public 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00795-03-0

        S. 1875--A                          2

     1  shall  be  published in at least one newspaper of general circulation in
     2  the municipality in which the project is located a  notice  which  shall
     3  include a statement of the identity of the proposed purchaser or lessee,
     4  the  price  or rental to be paid, all other essential conditions of such
     5  sale or lease, and a statement that a public hearing upon such  sale  or
     6  lease  will be held before the corporation at a specified time and place
     7  on a date not less than [ten] fourteen business days after such publica-
     8  tion, and such hearing shall be held in  accordance  with  such  notice;
     9  provided, however, that if the corporation determines that trade secrets
    10  or  other  confidential information about the prospective purchaser's or
    11  lessee's business  operations,  products,  processes  or  designs  would
    12  otherwise  be  revealed  by  such  public notice and public hearing, the
    13  requirements of this subdivision may be waived by unanimous vote of  the
    14  directors of the corporation.
    15    §  3.  Subdivision  2 of section 14 of section 1 of chapter 174 of the
    16  laws of 1968 constituting the New York state  urban  development  corpo-
    17  ration act, as amended by chapter 576 of the laws of 1969, is amended to
    18  read as follows:
    19    (2)  Notwithstanding  the  provisions of any general, special or local
    20  law or charter, any municipality, by resolution of its  local  governing
    21  body,  is  hereby  empowered  without referendum, public auction, sealed
    22  bids or public notice, to sell, lease for a term not  exceeding  ninety-
    23  nine  years,  grant or convey to the corporation any real property owned
    24  by it which the corporation shall certify to be necessary or  convenient
    25  for  its  corporate  purposes. Any such sale, lease, grant or conveyance
    26  shall be made with or without consideration  and  upon  such  terms  and
    27  conditions  as  may  be  agreed upon by such municipality and the corpo-
    28  ration. Certification shall be evidenced by a formal  request  from  the
    29  president  of  the  corporation.  Before  any such sale, lease, grant or
    30  conveyance may be made to the corporation, a  public  hearing  shall  be
    31  held  by  the  local governing body to consider the same. Notice of such
    32  hearing shall be published at least [ten] fourteen business days  before
    33  the  date  set for the hearing in such publication and in such manner as
    34  may be designated by the local governing body.
    35    § 4. Subparagraph (iii) of paragraph (b) of subdivision 2  of  section
    36  16  of section 1 of chapter 174 of the laws of 1968 constituting the New
    37  York state urban development corporation act, as amended by chapter  732
    38  of the laws of 1990, is amended to read as follows:
    39    (iii)  in any city having a population of one million or more, provide
    40  to any community board in which the project will be  located,  a  notice
    41  that  such  plan  will be filed upon its adoption by the corporation and
    42  that digests thereof will be available, which notice  shall  also  state
    43  that  a  public hearing will be held to consider the plan at a specified
    44  time and place on a date not less  than  [ten]  fourteen  business  days
    45  after such publication;
    46    § 5. This act shall take effect immediately.
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