Relates to consultation with affected parties on certain projects

Summary of provisions

The following changes to Section 16 of the UDC Act are proposed:

UDC is required to directly and proactively consult with "Specifically Affected Parties," at all stages of a proposed project, including the development, planning and proposal stages of such projects.

"Specifically Affected Parties" are defined as: (1) Current tenants or occupants of the proposed project site, (2) All elected officials that geographically represent the proposed project site, (3) All local government subsidiaries charged with land use/zoning review duties with- in the proposed project site, (4) The community, minimally operational- ized as residents who live within a five mile radius of the proposed project site and (5) Community based organizations who are principally based in the catchment area that is concurrent with the proposed project site.

Consultation with the aforementioned parties is mandated at all stages of contemplated projects and must include: reaching out to all "Specif- ically Affected Parties" by first class mail, e-mail and phone; holding community planning meetings, where affected parties can engage in true collaboration and community planning, including the opportunity to propose affirmative, modified or alternative plans. Enhanced UDC outreach provisions with respect to the general public are mandated, which include: distributing flyers concerning the proposed project, erecting signage at the proposed project site, attending and speaking at community meetings and taking out full page advertisements in two papers of specific circulation to the community affected by the project.

Provides for a sixty day timeframe between General Project Plan (GPP) approval by the UDC Board of Directors and communication of same to the "Specifically Affected Parties," including the relevant Community Board(s) where the project is located-before a public hearing is held thereon. Also specifies that the sixty day timeframe commences when the "Specifically Affected Parties," including the Community Board receives notification and confirms such with UDC, not when it is originally

mailed. Direct and proactive consultation with "Specifically Affected Parties" shall occur during this sixty day time period.

Provides that UDC must act on all testimony received at public hearings. Specifically, they must respond to each substantive comment in writing, including "substantive negative comments" and share these responses with "Specifically Affected Parties." If UDC decides to affirm the proposed plan without incorporating changes, they must hold a public meeting with the "Specifically Affected Parties" and explain why they have not modi- fied or withdrawn the plan in response to substantive negative comments.

Existing law

Section 16 of the UDC Act of 1968 and amendments thereto spell out a exceptionally limited, narrowly defined and mechanically executed public consultation process that acts, in practice, as mere ornamentation for speedy approval of projects, the details of which are decided in advance and fast-tracked without substantively engaging the affected community.

Justification

The public consultation provisions of the UDC Act are dated in time and simply do not work in a way that empowers and taps into the knowledge and passion of communities that are affected by massive redevelopment projects. The law itself, while spelling out some minor procedural due process guarantees, functions as an absolute rubber stamp in practice. Some examples of the current failings, with respect to the City of New York include: the fact that the projects are developed in secret and not as part of a community planning process; the fact that the Mayor and the City Clerk are notified about the project but current residents and tenants who live at work at the project site are not; while Community Boards are supposed to be notified about the project before a public hearing occurs thereon, many receive notice after the fact that the hearing has actually occurred; because of the fact that a hearing must occur within ten days of Community Board "notification" most in the community never hear about the project or have the opportunity to be heard thereon and thus the public hearings are held in silent halls with no attendance whatsoever-In fact, the current Chief of Staff for UDC recently stated that it is not uncommon for no one to show up to UDC hearings. In the rare times that people do show up to testify, the comments are simply noted and transcribed; they are never acted upon and the projects are never amended to reflect them.

In short, the current public consultation provisions of the UDC Act are entirely inadequate to the statutorily mandated task of actually consulting with affected parties at the "earliest practicable time" and giving "primary consideration to local needs and desires" while foster- ing "local initiative and participation in connection with the planning and development of its projects." The time is right to give this statu- tory dicta meaning in the real word application of projects that have generational consequences in our communities.

Legislative history

New bill

Fiscal implications

Minor, if any at all.

Local fiscal implications

None noted.

Effective date

Immediately.