machines on state property for, or with the approval of, a department, agency or instrumentality of the state. Vending machine income does not include receipts of a blind licensee who operates vending machines owned by the commission.

for

b. 1. For the purpose of providing blind persons with remunerative employment, enlarging the economic opportunities of the blind, and stimulating the blind to greater efforts in striving to make themselves selfsupporting, blind persons licensed by the New York state commission the blind and visually handicapped shall be authorized to operate vending facilities on any state property, with no rental or other charge therefor.

2. In authorizing the operation of vending facilities on state property, priority shall be given to blind persons licensed by the New York state commission for the blind and visually handicapped. The commissioner, after consultation with the commissioner of the office of general services, shall prescribe regulations designed to assure that the priority under this paragraph is given to such licensed blind per

sons

(including assignment of vending machine income pursuant to subdivision e of this section to achieve and protect such priority).

3. (A) Wherever feasible, permits shall be issued to the department of social services for one or more vending facilities to be established on all state property to the extent that any such facility or facilities would not adversely affect the interests of the state.

(B) Any limitation on the placement or operation of a vending facility based on a finding that such placement or operation would adversely affect the interests of the state shall be fully justified in writing to the commissioner.

c. 1. The commissioner shall promulgate regulations for the licensing of blind vendors which regulations shall include provisions that the New York state commission for the blind and visually handicapped shall, in issuing each such license for the operation of a vending facility, give preference to blind persons who are in need of employment. Each such license shall be issued for an indefinite period but may be terminated by the commission if it is satisfied that the facility is not being operated in accordance with the rules and regulations prescribed by the department of of social services. Licenses shall be issued only to applicants who are blind.

2. The commission is authorized, with the approval of the head of the department, agency or instrumentality in control of the maintenance, operation and protection of state property on which the facility is to be located but subject to any provisions of law conferring jurisdictional control or determination with respect to the operation, maintenance or use of such state property on a state department agency, or instrumentality and subject to regulations prescribed pursuant to subdivision b of this section not inconsistent with such provisions of law,

to select a location for such facility and the type of facility to be provided.

3. (A) After January first of the year following the effective date of this section, no department, agency or instrumentality of the state shall undertake to acquire by ownership, rent, lease or to otherwise occupy, in whole or in part, any building unless the head of such department, agency or instrumentality consults with the commission concerning the suitability of such site for the operation of a vending facility by a blind person. Each such department, agency or instrumentality shall provide notice to the New York state commission for the blind and visually handicapped of its plans for occupation, acquisition, renovation or alteration of a building adequate to permit such commission to determine whether such building includes a satisfactory site or sites for a vending facility.

(1) If the commission finds such site unsatisfactory for a vending facility, it shall so notify such department, agency or instrumentality, which shall have no further obligations under this section.

(2) If the commission finds the site satisfactory for a vending facility, then the department, agency or instrumentality shall make a vending facility in such building available to a blind person in a timely

manner.

(3) Upon the notification to the commission by such department, agency or instrumentality of the site for occupancy by a vendor, the commissioner shall provide a blind vendor for such site within ninety days or EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

upon the occupancy of the building by state employees, whichever is

shorter.

(B) The provisions of this section shall not apply (1) where the number of state employees (including employees of a state department, agency or instrumentality) regularly employed at a site is to be less than four hundred or (2) to property of the state university of New York, the department of correctional services or the New York state thruway authority or (3) where prior to the execution of such lease, the lessor or any tenant has had in operation a vending facility (regardless of the operator thereof) in a part of the building not included in such lease and the operation of a vending facility by a blind person would be in proximate and substantial direct competition with such vending facility except that each such department, agency or instrumentality shall give due consideration to leasing property in privately owned buildings capable of accommodating a vending facility and shall give due consideration to providing for the lease of a vending facility not operated by a blind person to be made available to a blind person upon the vacating of such facility by the current operator. Current arrangements by a state department, agency or instrumentality, as to property occupied by it, subject to a term of years or other time limitation, shall not be affected by this section during the period of such term or other time limitation.

4. The commission shall:

(A) provide for each licensed blind person such vending facility equipment, and adequate initial stock of suitable articles to be vended therefrom, as may be necessary; provided, however, that such equipment and stock may be owned by the commission for use of the blind, or such stock by the blind individual to whom the license is issued. Provided further, that if ownership of such stock is vested in the blind licensee, the commission shall retain a first option to repurchase such stock and in the event such individual dies or for any other reason ceases to be a licensee or transfers to another vending facility, ownership of such stock shall become vested in the commission (for transfer to a successor licensee) subject to an obligation on the part of the commission to pay to such individual (or to his estate) the fair value of his interest therein as later determined in accordance with regulations of the commission and after opportunity for a fair hearing; (B) when it is deemed to be in the best interests of the business enterprise program, negotiate, arrange for public bidding, and enter into contracts with commercial vending concerns to operate, service and maintain vending machines at vending facilities and to provide food, beverages, confections and other products, articles and services to be sold through such vending machines; to monitor such contracts and to performance by blind licensees and commercial vending concerns; and to collect and disburse vending machine income pursuant to subdivision e of this section;

compel

(C) provide that if any funds are set aside, or caused to be set aside, from the net proceeds of the operation of the vending facilities such funds shall be set aside, or caused to be set aside, only to the extent necessary for and may be used only for the purpose of: maintenance and replacement of equipment; the purchase of new equipment; management services; assuring à fair minimum return to operators of vending facilities; and retirement or pension funds, health insurance contributions, and provision for paid sick leave and vacation time, if it is determined by a majority vote of blind licensees licensed by such commission after the commission provides to each such licensee full information on all matters relevant to such proposed program, that funds under this paragraph shall be set aside for such purposes. Provided, however, that in no event shall the amount of such funds to be set aside from the net proceeds of any vending facility exceed a reasonable amount which shall be determined by the commissioner;

(D) make such reports in such form and containing such information as the commissioner may from time to time require and to comply with such provisions as he may from time to time find necessary to assure the correctness and verification of such reports;

an

(E) provide to any blind licensee dissatisfied with any action arising from the operation or administration of the vending facility program opportunity for a fair hearing, and agree to submit the grievances of any blind licensee not otherwise resolved by such hearing to arbitration as provided in subdivision d of this section.

5. In addition to other requirements imposed in this section upon the commission, it shall:

(A) provide to each blind licensee access to all relevant financial data, including quarterly and annual financial reports, on the operation of the state vending facility program;

(B) conduct the biennial election of a committee of blind vending facility managers who shall represent all blind licensees in the state program; and

(C) insure that such committee's responsibilities include: participation, with the commission, in major administrative decisions and policy and program development; receiving grievances of blind licensees and serving as advocates for such licensees; participation, with the commission, in the development and administration of a transfer and promotion system for blind licensees; participation, with the commission, in developing training and retraining programs; and sponsorship, with the assistance of the commission, of meetings and instructional conferences for blind licensees.

6. The commissioner shall insure, through promulgation of appropriate regulations, that uniform and effective training programs, including onthe-job training, are provided for blind individuals, through services under the Federal Rehabilitation Act of 1973. The commissioner shall further insure to the extent funds are available that the commission provides programs for upward mobility (including further education and additional training or retraining for improved work opportunities) for all trainees under this section, and that follow along services provided to such trainees to assure that their maximum vocational potential is achieved within the business enterprise program.

1.

are

The commission is authorized to enter into agreements to implement its business enterprise program on other than state property including both public and privately owned property.

d. 1. Any blind licensee who is dissatisfied with any action arising from the operation or administration of the vending facility program may submit to the commission a request for a full evidentiary hearing which shall be conducted by the commissioner or the commissioner's designee. If such blind licensee is dissatisfied with any action taken or decision rendered as a result of such hearing, he may file a complaint with the commissioner. Such complaint shall be accompanied by any supporting documents and a copy of the decision or a statement of the action challenged.

2. Upon receipt of the complaint provided for under the provisions of paragraph one of this subdivision the commissioner shall convene an ad hoc arbitration panel which shall give notice, conduct a hearing, and render its decision in writing. The commissioner may accept or reject the decision of the panel. If the commissioner rejects the panel decision, he or she shall submit, in writing, reasons for rejecting the panel decision.

3. The ad hoc arbitration panel provided for purposes of the provisions of paragraph two of this subdivision shall be composed of three members appointed as follows:

(A) one individual designated by the commission; (B) one individual designated by the licensee;

(C) one individual, not employed by the commission or its parent agency, who shall serve as chairman, jointly designated by, the members appointed under subparagraphs (A) and (B) of this paragraph.

a

If any party fails to designate a member pursuant to this paragraph, the commissioner shall designate such member on behalf of such party. e. 1. Vending machine income obtained from the operation of vending machines on state property shall accrue to the blind licensee operating vending facility on such property; or in the event there is no blind licensee operating such facility on such property, to the commission. Vending machine income shall be distributed pursuant to regulations promulgated by the commissioner and may include the imposition of ceiling on income from such vending machines for an individual blind licensee. In the event such a ceiling is imposed, no blind licensee shall receive less vending machine income by reason of such ceiling than he or she was receiving on January first of the year in which this section becomes a law.

a

2. The heads of the departments, agencies and instrumentalities of the state shall insure compliance with this subdivision with respect to buildings, installations and facilities under their control.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

f. The commissioner shall develop a plan to establish first priority for the operation of cafeterias on state property by blind licensees. Such plan shall include an assessment of how such operation can be provided at a reasonable cost with food of a high quality comparable to that currently provided to employees on state property. Such plan shall be submitted to the governor, temporary president of the senate, speaker of the assembly, senate finance committee and assembly ways and means committee on or before December thirty-first, nineteen hundred ninetyfour.

8. On or before January first of each year, the commissioner shall issue an annual report to the governor, temporary president of the senate, speaker of the assembly, senate finance committee and assembly ways and means committee regarding the implementation of this program, which shall include, but not be limited to: 1. an evaluation of the current status of the commission's program; and 2. an evaluation of the commission's success in establishing new blind vending sites for the year.

§ 2. Subdivision 3 of section 161-a of the state finance law, as amended by chapter 416 of the laws of 1961, paragraph (a) as amended by chapter 537 of the laws of 1979, paragraph (b) as amended by chapter 272 of the laws of 1985 and paragraph (c) as amended by chapter 310 of the laws of 1962, is amended to read as follows:

3. (a) In his discretion, lease space in any public building or other premises under his supervision and control pursuant to this article, to any person, firm or corporation, for the operation of restaurants, retail stores, vending stands for the sale of newspapers, periodicals, confections, tobacco products and such other articles as may be approved by him for each stand, and for bootblack service. Any such lease shall be subject to such terms and conditions as he may deem proper, but for a term not exceeding five years, except that the commissioner may, in his discretion, lease space for a term of not more than ten years where extensive renovation or repair to or improvement of the space is required of or by the lessee and the commissioner determines that it is reasonable for the costs thereof to be amortized over a term greater than five years. Nothing herein shall restrict the commissioner from providing in any such lease for its renewal or extension, at the commissioner's tion, for terms of five years or less. However, in order to provide blind persons with remunerative employment, enlarge their economic opportunities and stimulate them to greater efforts to make themselves self-supporting, whenever feasible, permits shall be given to the state department of social [welfare] services for the operation of vending stands and machines.

op

(b) Issue to the state department of social services a permit for any of the purposes mentioned in this subdivision to be operated by a blind person or persons as defined in subdivision four of section two hundred eight of the social services law or for the operation of vending machines and similar devices dispensing food, confections tobacco products, coffee, tea, milk, soft drinks and such other articles as may be approved by him in consultation with the department of social services, for the benefit of the general purposes of the [vending stand] business enterprise program for the blind of the state department of social services commission for the blind and visually handicapped, and upon such terms and conditions as the commissioner may deem proper but without provision for payment of rent or other consideration for such permits, and for a term not exceeding five years, which permit may be extended and renewed. Such permit shall include a provision authorizing the department of social services to assign or transfer such permit to a blind person or persons, as herein referred to, for the purposes aforesaid, and it shall also provide that the department of social services shall send to the commissioner a notice of any assignment or transfer as aforesaid, which notice shall contain such information as the commissioner shall require. The permit and any assignment or transfer thereof shall reserve [(a)] (i) to the department of social services the power of supervision over the conduct and operation of the premises covered thereby and [(b)] (ii) to the commissioner of general services the right to revoke such permit or the assignment or transfer thereof upon the mailing to the last known address of the assignee or assignees a notice of such revocation to be effected within such period of time as the commissioner shall deem to be reasonable.

(c) If he shall deem it necessary to cause the removal of a lessee, licensee or assignee from the demised premises, other than the New York

state commission for the blind and visually handicapped, or its licensee, the commissioner of general services shall cause the lessee, licensee or assignee and his representative to be removed therefrom and the possession to be delivered to the commissioner of general services in the same manner and by the same proceedings and before the same officers as provided for in article seven of the real property actions and proceedings law. The proceedings shall be brought in the name of the commissioner of general services as agent of the state. If any person proceeded against shall contest the petition by an answer raising any material issue the [attorney-general] attorney general shall be notified, and he thereafter shall represent the petitioner in the proceedings.

3. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided that the provisions of this act shall not apply to contracts entered into prior to the effective date of this act and provided further that any and all rules and regulations necessary for the timely implementation of this act on its effective date are authorized to be promulgated on or before such date.

CHAPTER 694

AN ACT to amend the town law and the village law, in relation to approval of site plans and special use permits and to repeal certain provisions of such laws relating thereto

Became a law July 31, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 274-a of the town law is repealed and a new section 274-a is added to read as follows:

§ 274-a. Site plan review. 1. Definition of site plan. As used in this section the term "site plan" shall mean a rendering, drawing, or sketch prepared to specifications and containing necessary elements, as set forth in the applicable zoning ordinance or local law, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan. Plats showing lots, blocks or sites which subject to review pursuant to authority provided for the review of subdivisions under section two hundred seventy-six of this article shall continue to be subject to such review and shall not be subject to review as site plans under this section.

are

2. Approval of site plans. (a) The town board may, as part of a zoning ordinance or local law adopted pursuant to this article or other enabling law, authorize the planning board or such other administrative body that it shall so designate, to review and approve, approve with modifications or disapprove site plans prepared to specifications set forth in the ordinance or local law and/or in regulations of such authorized board. Site plans shall show the arrangement, layout and design of the proposed use of the land on said plan. The ordinance or local law shall specify the land uses that require site plan approval and the elements to be included on plans submitted for approval. The required site plan elements which are included in the zoning ordinance or local law may include, where appropriate, those related to parking, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings, adjacent land uses and physical features meant to protect adjacent land uses as well as any additional EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law