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Sponsors
Senator · Senate District 45
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1085
- Referred to cities
- Reported and committed to finance
- Referred to cities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Makes residential facilities controlled by state agencies subject to local site plan review
In Assembly Committee · Local Governments · Sponsor Teresa Sayward
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S821
Title of bill
An act to amend the general city law, the town law and the village law, in relation to making residential facilities of state agencies subject to local site plan review
Purpose
To ensure that all state owned residential facilities go through the local site plan review process in order to ensure the facility's floor plans are on file with the local government.
Summary of provisions
Section one: amends section 27-a of the general city law by adding a new subdivision 1-a, to waive the state's immunity with regard to site plan review for its residential facilities. Every state agency must submit a site plan for each residential parcel under its control.
Section two: amends section 274-a of the town law by adding a new subdivision 1-a, to waive the state's immunity with regard to site plan review for its residential facilities. Every state agency must submit a site plan for each residential parcel under its control.
Section three: amends section 7 -725-a of the village law by adding a new subdivision 1-a, to waive the state's immunity with regard to site plan review for its residential facilities. Every state agency must submit a site plan for each residential parcel under its control.
Section four: provides that within 90 days of the effective date of this act each state agency which has constructed a residential facility upon any parcel of land under its control prior to the effective date of this act shall submit a site plan for such parcel to the appropriate city, town or village.
Section five: contains effective date.
Existing law
New York State has sovereign immunity with respect to local laws.
Justification
On March 21, 2009, a tragic fire broke out at the State's Riverview IRA group home. Four residents lost their lives in the fire, the cause of which is still under investigation.
One of the issues that has come out of this tragedy is the fact that the State did not need a local building permit and did not have to file their floor plans with the town. Having the floor plans on facilities would most certainly assist first responders in their decisions on how best to evacuate occupants and fight fires. Involving the local building inspectors in these projects only makes sense and would add an additional set of eyes to ensure the safety of the building.
The State's immunity with respect to local site plan review should be waived to ensure the health and safety of those who live and work in these residential facilities.
Legislative history
2009-10: S.4073 Finance; A.7821 Local Governments
Fiscal implications
To be determined
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.