Relates to consultation with affected parties on certain projects

BILL NUMBER:S3871

Title of bill

An act to amend the New York state urban development corporation act, in relation to consultation with affected parties on certain projects

Purpose

To ensure that the Urban Development Corporation (UDC)-in the course of proposing, planning, designing and executing projects-works directly with the affected community and specifically affected parties that have a substantive, pertinent and vested interest in the project and how it will affect the community.

Summary of provisions

The following changes to Section i6 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 within the proposed project site, (4) The community, minimally operationalized 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 "Specifically Affected Parties" by first class mail, e-mail and phone; holding community planning meetings, where affected parties can engage in true oped 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 fostering "local initiative and participation in connection with the

planning and development of its projects." The time is right to give this statutory dicta meaning in the real word application of projects that have generational consequences in our communities.

Legislative history

New bill.

05/08/14 REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Fiscal implications

Minor, if any at all.

Local fiscal implications

None noted.

Effective date

Immediately.