Bill Text: NY S03415 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to community benefits agreements; places the benefit at the discretion of the applicant.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CONSUMER PROTECTION [S03415 Detail]

Download: New_York-2013-S03415-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3415
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 1, 2013
                                      ___________
       Introduced  by  Sens.  ZELDIN, SAVINO -- read twice and ordered printed,
         and when  printed  to  be  committed  to  the  Committee  on  Consumer
         Protection
       AN  ACT  to  amend  the  general municipal law, in relation to community
         benefits agreements
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The general municipal law is amended by adding a new arti-
    2  cle 12-I to read as follows:
    3                                ARTICLE 12-I
    4                        COMMUNITY BENEFITS AGREEMENTS
    5  SECTION 239-BB. COMMUNITY BENEFITS AGREEMENTS.
    6    S 239-BB. COMMUNITY BENEFITS AGREEMENTS. 1. NOTWITHSTANDING  ANY  LAW,
    7  RULE  OR  REGULATION  TO THE CONTRARY FOR THE PURPOSE OF ISSUANCE OF ANY
    8  APPROVALS OR PERMITS ANY BENEFIT THAT IS TANGIBLE MAY BE PLACED  AT  THE
    9  DISCRETION  OF THE APPLICANT SO LONG AS THE BENEFIT IS PUBLICLY ACCESSI-
   10  BLE. IF THE EXERCISE OF SUCH DISCRETION AS PERMITTED UNDER THIS  SECTION
   11  RESULTS IN THE PLACEMENT OF A TANGIBLE COMMUNITY BENEFIT ON, OR ADJACENT
   12  TO,  THE DEVELOPER'S PROJECT SITE, IT SHALL BE REQUIRED THAT THE BENEFIT
   13  BE REASONABLY RELATED TO THE PROJECT UNDERTAKEN BY SUCH  APPLICANT.  FOR
   14  PURPOSES  OF  THIS  SECTION, A COMMUNITY BENEFITS AGREEMENT IS A PRIVATE
   15  AGREEMENT BETWEEN AN APPLICANT SEEKING ANY APPROVALS OR PERMITS PURSUANT
   16  TO ARTICLE SIXTEEN OF THE TOWN LAW, ARTICLE SEVEN OF THE VILLAGE LAW  OR
   17  ARTICLE  FIVE-A  OF THE GENERAL CITY LAW AND A COMMUNITY ORGANIZATION OR
   18  ORGANIZATIONS,  WHERE  SUPPORT  OR  FORBEARANCE  WITH  RESPECT  TO  SUCH
   19  APPROVALS  OR  PERMITS  IS  THE CONSIDERATION FOR SUCH AGREEMENT, EXCEPT
   20  THAT THIS SECTION SHALL NOT APPLY TO A CITY WITH  A  POPULATION  OF  ONE
   21  MILLION OR MORE.
   22    2.  PRIOR TO ENTERING INTO A COMMUNITY BENEFIT AGREEMENT WITH A DEVEL-
   23  OPER, THE MUNICIPALITY SHALL SET FORTH A MONETARY AMOUNT THAT THE DEVEL-
   24  OPER SHALL ALLOCATE TO PROVIDING THE BENEFIT. SUCH AMOUNT SHALL BE BASED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06440-02-3
       S. 3415                             2
    1  ON  A  PERCENTAGE  OF  THE TOTAL PROJECT COST THAT SHALL NOT EXCEED FIVE
    2  PERCENT OF THE INCREASED DENSITY ABOVE WHAT IS ALLOWABLE FOR THE PROJECT
    3  UNDER CURRENT ZONING LAW. SUCH AMOUNT  SHALL  BE  THE  MAXIMUM  FOR  THE
    4  ENTIRE  COMMUNITY  BENEFIT  AGREEMENT, INCLUDING ANY AGREEMENT MADE WITH
    5  ANY OR ALL COMMUNITY  ORGANIZATIONS  OR  OTHER  MUNICIPALITIES.    AFTER
    6  ESTABLISHING  SUCH  AMOUNT,  THE  MUNICIPALITY SHALL NOT BE PERMITTED TO
    7  INCREASE THE COST THAT THE DEVELOPER  SHALL  BE  REQUIRED  TO  INCUR  IN
    8  PROVIDING THE BENEFIT.
    9    S 2. This act shall take effect immediately.