Bill Text: NY S03457 | 2021-2022 | General Assembly | Introduced


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 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO SOCIAL SERVICES [S03457 Detail]

Download: New_York-2021-S03457-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3457

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 29, 2021
                                       ___________

        Introduced  by  Sens. ADDABBO, SAVINO -- read twice and ordered printed,
          and when printed to be committed to the Committee on Social Services

        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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04281-01-1

        S. 3457                             2

     1    3.  Any city, by and through its city council, shall prepare, or cause
     2  to be prepared by contract or otherwise a draft and  final  neighborhood
     3  impact  statement  on any project which may have a significant effect on
     4  the neighborhood where such project shall be located. Such  a  statement
     5  shall include a detailed statement setting forth the following:
     6    (a)  a  description  of  the  proposed  project  and  its neighborhood
     7  setting;
     8    (b) the neighborhood impact of the proposed project  including  short-
     9  term and long-term effects;
    10    (c)  any  adverse  neighborhood effects which cannot be avoided should
    11  the project be implemented;
    12    (d) alternatives to the proposed project;
    13    (e) the number of schools in the neighborhood, the  location  of  each
    14  school and the distance of each school from the location of the project;
    15    (f)  the  number of day care centers in the neighborhood, the location
    16  of each day care center and the distance of each day  care  center  from
    17  the location of the project;
    18    (g)  the  number of senior centers or senior housing facilities in the
    19  neighborhood, the location of  each  senior  center  or  senior  housing
    20  facility and the distance of each senior center or senior housing facil-
    21  ity from the location of the project;
    22    (h) the number of parks in the neighborhood, the location of each park
    23  and the distance of each park from the location of the project;
    24    (i)  the  number  of  playgrounds in the neighborhood, the location of
    25  each playground and the distance of each playground from the location of
    26  the project;
    27    (j) the impact of the project on the existing  infrastructure  of  the
    28  neighborhood;
    29    (k)  the  impact  of the project on the local economy of the neighbor-
    30  hood;
    31    (l) mitigation measures proposed to minimize the impact of the project
    32  on the neighborhood; and
    33    (m) such other information as the city council deems relevant.
    34    4. Such final neighborhood impact statement shall also include  copies
    35  or  a  summary  of the substantive comments made pursuant to subdivision
    36  five of this section, and  the  city  response  to  such  comments.  The
    37  purpose of a neighborhood impact statement is to provide detailed infor-
    38  mation  about the effect which a proposed project is likely to have on a
    39  neighborhood, to list ways in  which  any  adverse  effects  of  such  a
    40  project  might  be  minimized,  and  to  suggest  alternatives to such a
    41  project so as to form the basis for a decision whether or not to  under-
    42  take  or  approve such project. Such statement should be clearly written
    43  in a concise manner capable of being read and understood by the  public,
    44  should deal with the specific significant neighborhood impacts which can
    45  be  reasonably  anticipated  and  should not contain more detail than is
    46  appropriate considering the nature and magnitude of the proposed project
    47  and the significance of its potential impacts.
    48    5. After the completion of the draft neighborhood impact statement the
    49  city shall conduct a public hearing for public comment on the  neighbor-
    50  hood impact of the project. Such hearing shall be held within sixty days
    51  of the completion of the neighborhood impact statement.
    52    6. The final neighborhood impact statement, together with the comments
    53  of  members  of the public, shall be filed with the city, made available
    54  to the public, and posted on the Internet website of the city  prior  to
    55  the city taking any action on the proposal.
    56    § 2. This act shall take effect immediately.
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