What's happening
This bill requires the New York City School Construction Authority to follow stricter siting and review procedures for leasing buildings or property, similar to those for new construction.
Why it matters
Expands public notification and transparency. By requiring the School Construction Authority to follow the same public notice and reporting requirements for leasing as for new construction, the bill ensures that communities are informed and able to review plans for any new educational facility, whether leased or built.
Increases community and stakeholder input. The amendment mandates that site plans and projected student population data for leased properties be shared with local education councils and community boards, giving these bodies more opportunity to weigh in on decisions that affect local schools.
Ensures thorough site evaluation. The Authority must now document not only the chosen site for lease but also alternative sites considered and reasons for their rejection, potentially leading to better decision-making and justification for site selections.
Subject to mayoral and city council review. Leased educational facilities will now require review by the mayor and city council, adding a layer of oversight that could impact which properties are ultimately approved for school use.
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Who cares
Headline styles
Tighten School Lease Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to corporations, authorities and commissions
- Referred to corporations, authorities and commissions
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2146
2019-2020 Regular Sessions
IN SENATE
January 22, 2019
Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to siting requirements for the New York city school construction authority's leasing program
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 1731 of the public authorities law, as amended by chapter 285 of the laws of 2014, is amended to read as follows:
1. Prior to the commencing of new construction or building additions of an educational facility, or the acquisition of real property or any interest therein for such purpose, including the leasing of any building or property, the authority shall file a copy of the site plan of such facility in its offices and shall provide a copy thereof to the city board, the city planning commission and the community school district education council and the community board of the district in which the facility will be located. Such plan shall include data on projected student population for the community school district or districts and the community board or boards affected, the source of that data and the reason the proposed action is necessary and how such plan factors and accounts for student population projections. Upon request, any other person shall be furnished with such plan or a summary thereof. The authority shall publish in a newspaper of general circulation in the city a notice of the filing of such plan and the availability of the plan and a summary thereof. Such plan shall include, in the case of any project for which the acquisition of real property or interest therein is proposed, the recommended site, any alternate sites considered, and any rationale as to why the alternate sites were not selected.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04047-01-9
S. 2146 2
§ 2. Subdivision 1 of section 1732 of the public authorities law, as amended by chapter 562 of the laws of 1990, is amended to read as follows:
1. Following the hearings held pursuant to section seventeen hundred thirty-one of this title, but prior to initiating construction of new educational facilities, or prior to leasing any building or property for such purpose, the authority shall submit the site plan of such projects to the mayor and the council for review, provided, however, that such review shall be limited to the site selected for the project.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public authorities law, in relation to siting requirements for the New York city school construction authority's leasing program
Purpose or general idea of bill
The School Construction Authority's leasing program does not follow some of the important procedural steps that are required with new school construction. These provisions help protect the health of our children. This bill clarifies the School Construction Authority's responsibil- ities.
Summary of specific provisions
Section 1 amends subdivision 1 of section 1731 of the public authorities law to clarify that the School Construction Authority is required to submit site plans whenever it leases property for a school, as it already does when it buys or builds such property, except for certain, specified short-term leases.
Section 2 amends subdivision 1 of section 1732 of the public authorities law to clarify that a new lease also requires that the site plan be submitted to the mayor and council for review.
Justification
In 1997 the School Construction Authority spent millions leasing and renovating a dry cleaning factory as a site for school children,. The school had to be abandoned, and those millions were wasted, as it was discovered that the children were being exposed to hazardous chemical fumes site plans, which enable community notice and environmental review, provide an opportunity to avoid such mishaps.
The SCA is currently planning to lease Over 30 existing buildings across New York City. In the past, schools have been sited on contaminated properties Exposure to toxic chemicals can lead to behavioral problems, teaming disabilities and decreased for children. Whether a building is leased or newly constructed, environmental hazards can pose serious risks to a school's occupants.
Prior legislative history
2018: Died in Corporations, Authorities and Commissions 2017: Died in Corporations, Authorities and Commissions 2016: Died in Corporations, Authorities and Commissions 2015: Died in Corporations, Authorities and Commissions 2014: Senate Bill 594 (Gianaris) - Died in Senate Corporations, Authori- ties and Commissions Committee. 2012: Senate Bill 3438 (Gianaris) - Died in Senate Corporations, Author- ities and Commissions Committee 2012: Assembly Bill 1762 (Nolan) Died in Assembly Corporations, Authori- ties and Commissions Committee 2010: Senate Bill 1354-A (Oppenheimer) - Died in Senate Rules Committee 2010: Assembly Bill 1865 (Nolan) - Passed Assembly 137-1 (6/23/10); Passed Assembly 141-2 (3/1/10)
2008: Senate Bill 7127 (Sabini) - Died in Senate Corporations, Authori- ties and Commissions Committee 2008: Assembly Bill 8838 (Nolan) - Passed Assembly 140-1 (4/30/08); Passed Assembly 150-0 (6/20/07)
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.