Bill Text: NY A00316 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the management of the Roosevelt Island operating corporation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-02-27 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [A00316 Detail]

Download: New_York-2019-A00316-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           316
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on Corporations, Authorities and Commissions
        AN ACT to amend the public authorities law, in relation to the Roosevelt
          Island operating corporation; and to repeal chapter 899 of the laws of
          1984 relating to the creation of a public benefit corporation to plan,
          develop, operate, maintain and manage Roosevelt Island
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Chapter 899 of the laws of 1984, relating to the creation
     2  of a public benefit corporation to plan, develop, operate, maintain  and
     3  manage Roosevelt Island is REPEALED.
     4    §  2.  Article  8 of the public authorities law is amended by adding a
     5  new title 35 to read as follows:
     6                                  TITLE 35
     7                   ROOSEVELT ISLAND OPERATING CORPORATION
     8  Section 2799-aaaa. Legislative declaration.
     9          2799-bbbb. Definitions.
    10          2799-cccc. Establishment of the corporation; organization of the
    11                       board.
    12          2799-dddd. Powers of the corporation.
    13          2799-eeee. Rules and regulations; approval of  development  plan
    14                       amendments; applicability of local laws.
    15          2799-ffff. Powers  and  duties of urban development corporation;
    16                       lease and tramway franchise.
    17          2799-gggg. Equal employment opportunities.
    18          2799-hhhh. Indemnification; notice of claims.
    19          2799-iiii. Annual budget and report.
    20          2799-jjjj. Future management study.
    21          2799-kkkk. Open space development prohibited.
    22          2799-llll. Liability for community obligations; tax exemption.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01915-01-9

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     1          2799-mmmm. Division of housing and community renewal; assistance
     2                       and services.
     3          2799-nnnn. Operation of motor vehicles.
     4          2799-oooo. Not-for-profit grant distribution.
     5          2799-pppp. Severability of provisions.
     6          2799-qqqq. Transfer of funds.
     7    §  2799-aaaa.  Legislative  declaration. The legislature hereby finds,
     8  determines and declares that: (a) the city of New York and the New  York
     9  state  urban development corporation have entered into a lease providing
    10  for the urban development corporation to use  its  statutory  powers  to
    11  create  on  Roosevelt  Island  a  new  community  which would retain and
    12  heighten the benefits of urban living while preserving a sense of  scale
    13  and  open  space  for  Roosevelt Island residents and New York city as a
    14  whole; (b) the urban development corporation has and its successors have
    15  constructed the first phases  of  the  island's  development,  including
    16  public  facilities, pursuant to a general development plan for Roosevelt
    17  Island, which plan is being updated and which plan contemplates  signif-
    18  icant future development, including the provision of additional housing,
    19  commercial,  civic,  recreational and other facilities; (c) it is in the
    20  public interest for the urban development corporation to transfer all of
    21  its rights and obligations with respect to  the  development,  operation
    22  and supervision of both such existing and such proposed development to a
    23  public  benefit  corporation which shall be under the supervision of the
    24  commissioner of homes and community renewal; and (d) it is in the public
    25  interest that the public  benefit  corporation  plan,  design,  develop,
    26  operate, maintain and manage Roosevelt Island and have vested in it such
    27  powers  as are necessary or convenient to effectuate those functions and
    28  that the division of housing and  community  renewal  be  authorized  to
    29  assist such corporation in the performance of its duties with respect to
    30  Roosevelt Island.
    31    §  2799-bbbb.  Definitions. As used in this title, the following terms
    32  shall have the following meanings:
    33    1. "City" shall mean the city of New York;
    34    2. "Commissioner" shall mean the commissioner of homes  and  community
    35  renewal;
    36    3. "Corporation" shall mean the Roosevelt Island operating corporation
    37  created by this section;
    38    4.  "Development  subleases"  shall mean (a) the sublease dated August
    39  first, nineteen hundred eighty between the urban development corporation
    40  and the city, (b) the ground lease, dated  October  thirtieth,  nineteen
    41  hundred seventy-two, between the urban development corporation and North
    42  Town  Phase  II  Houses, Inc., (c) the ground lease, dated April twenty-
    43  fifth, nineteen hundred seventy-three,  between  the  urban  development
    44  corporation  and  North  Town  Phase  III Houses, Inc., (d) the restated
    45  ground lease, dated November thirtieth, nineteen hundred  seventy-seven,
    46  between the urban development corporation and Rivercross Tenants' Corpo-
    47  ration,  (e) the ground lease between the corporation and Manhattan Park
    48  dated August fourth, nineteen hundred eighty six, (f) the  ground  lease
    49  between  the corporation and related and Hudson Companies dated December
    50  twenty-first, two thousand one, and (g) the sublease between the  corpo-
    51  ration and MEPT Octagon, LLC dated November third, two thousand four;
    52    5.  "Division"  shall  mean the New York state division of housing and
    53  community renewal;
    54    6. "Lease" shall mean the lease, dated December twenty-third, nineteen
    55  hundred sixty-nine, as heretofore or hereafter amended, among  the  city
    56  of  New  York,  the New York state urban development corporation and the

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     1  Roosevelt Island development corporation, pursuant  to  which  the  city
     2  leased substantially all of Roosevelt Island to the New York state urban
     3  development corporation for development substantially in accordance with
     4  the development plan referred to therein;
     5    7. "Roosevelt Island" shall mean the island located in the east river,
     6  city  and  county  of  New  York,  extending from approximately fiftieth
     7  street to eighty-sixth street in Manhattan;
     8    8. "Safe affordable housing for everyone, inc."  shall  mean  the  New
     9  York  corporation  organized  under article six-A of the private housing
    10  finance law and under the supervision and control of the commissioner;
    11    9. "Tramway franchise" shall mean  the  franchise  for  the  Roosevelt
    12  Island  tramway granted by the city to the urban development corporation
    13  on February nineteenth, nineteen hundred seventy-four; and
    14    10. "Urban development corporation" shall  mean  the  New  York  state
    15  urban development corporation and any successor agency.
    16    §  2799-cccc.  Establishment  of  the corporation; organization of the
    17  board. 1. To effectuate the purposes and provisions of this title, there
    18  is hereby created the "Roosevelt Island  operating  corporation",  which
    19  shall  be  a  body  corporate  and politic constituting a public benefit
    20  corporation and a political subdivision of the state of New York.
    21    2. The board of directors of the corporation shall be composed of nine
    22  members. One member shall be the commissioner, who shall  serve  as  the
    23  chair;  one member shall be the director of the budget; and seven public
    24  members shall be appointed by the governor with the advice  and  consent
    25  of  the  senate.  Of  the seven public members, two members, one of whom
    26  shall be a resident of Roosevelt Island, shall  be  appointed  upon  the
    27  recommendation  of  the  mayor  of the city; and four additional members
    28  shall be residents of Roosevelt Island. Each member shall  serve  for  a
    29  term  of  four  years  and  until  his  or her successor shall have been
    30  appointed and shall have qualified, except that the commissioner and the
    31  director of the budget shall serve so long  as  they  continue  to  hold
    32  their  respective  offices.  Any  action  taken  by the directors of the
    33  corporation shall be taken by majority vote of  the  directors  then  in
    34  office.  The  elected  public  officials  who represent Roosevelt Island
    35  shall be representatives to the board of directors  of  the  corporation
    36  entitled  to receive notice of and attend all meetings of such board but
    37  shall not be entitled to vote. Failure to give  such  notice  shall  not
    38  affect the validity of any action taken at a meeting of such board.
    39    3.  The  governor  may  fill  any vacancy which occurs on the board of
    40  directors of the corporation in a manner consistent  with  the  original
    41  appointment.  Any member of the corporation may be removed by the gover-
    42  nor for cause, but not without an opportunity to be heard, in person  or
    43  by  counsel, in his or her defense, upon not less than ten days' written
    44  notice.
    45    4. The commissioner and the director of the budget may each  designate
    46  an  officer  or  employee of his or her respective division to represent
    47  such member at meetings of the corporation. Such designation shall be by
    48  written notice filed with the chair or the secretary of the  corporation
    49  by  the member making the designation, and may be revoked at any time by
    50  similar notice. Any representative so designated shall have the power to
    51  attend and to vote at any meeting of  the  corporation  from  which  the
    52  member  making  the designation is absent with the same force and effect
    53  as if the member making the designation were present and voting. No such
    54  designation shall limit the right of the member making  the  designation
    55  to attend and vote in person at any meeting of the corporation.

        A. 316                              4
     1    5.  A  member  of the corporation who is not an officer or employee of
     2  the state or the city shall not receive a salary or other  compensation,
     3  but shall be entitled to reimbursement for actual and necessary expenses
     4  incurred  in the performance of official duties as a member. A member of
     5  the  corporation  who  is not an officer or employee of the state or the
     6  city may engage in private employment, or in a profession  or  business,
     7  unless  otherwise  prohibited by law from doing so.  Notwithstanding any
     8  other provision of law,  general,  special,  or  local,  no  officer  or
     9  employee  of  the state or any civil division thereof shall be deemed to
    10  have forfeited, or shall forfeit such office of  employment  because  of
    11  acceptance  of  membership  in the corporation, or by virtue of being an
    12  officer, employee or agent thereof.
    13    § 2799-dddd. Powers of the corporation. The corporation's powers shall
    14  be limited to carrying out the development, management and operation  of
    15  Roosevelt Island. In carrying out such development, management and oper-
    16  ation, the corporation shall have the power to:
    17    1. Sue and be sued;
    18    2. Have a seal and alter the same at pleasure;
    19    3. Make and alter by-laws for its organization and internal management
    20  and  make  rules  and  regulations governing the use of its property and
    21  facilities;
    22    4. Make and execute contracts and all other instruments  necessary  or
    23  convenient for the exercise of its powers and functions under this act;
    24    5.  Acquire in the name of the corporation by purchase, grant or gift,
    25  or by the exercise of the  power  of  eminent  domain  pursuant  to  the
    26  eminent  domain  procedure law, or otherwise, real or personal property,
    27  or any interest therein deemed necessary or desirable for  the  develop-
    28  ment,  management  or  operation of Roosevelt Island, including, without
    29  limitation, leasehold interest, air and subsurface rights, easements and
    30  lands under water at the site of Roosevelt  Island  or  in  the  general
    31  vicinity  thereof, and to subject such property or interest therein to a
    32  purchase money or other lien or security interest in connection with the
    33  acquisition and development thereof, provided that the corporation shall
    34  have no authority or power to issue any notes, bonds or other debt obli-
    35  gations, whether for the purpose of financing the development of  Roose-
    36  velt Island or otherwise;
    37    6.  Hold  and  dispose  of real or personal property for its corporate
    38  purposes;
    39    7. Appoint officers, agents and employees, prescribe their duties  and
    40  fix  their  compensation  in accordance with a staffing and compensation
    41  plan submitted to and approved by the director of the budget;
    42    8. Engage the services of private consultants on a contract basis  for
    43  rendering professional and technical assistance advice;
    44    9.  Procure  insurance  against any loss in connection with its activ-
    45  ities, properties and other assets, in such amount and from such  insur-
    46  ers as it deems desirable;
    47    10. Charge and collect fees, rents and other charges for the occupancy
    48  or other use of real or personal property or facilities owned, operated,
    49  managed or regulated by the corporation;
    50    11.  Accept  any gifts or grants of money or property, or financial or
    51  other aid in any form, from the federal government, the  state,  or  the
    52  city  (or  any instrumentality of any such government) or from any other
    53  source and, subject to the provisions of this title and other applicable
    54  law, to comply with any conditions of such assistance  and  execute  any
    55  contracts or other instruments in connection therewith;

        A. 316                              5
     1    12. Invest any funds of the corporation, or any other monies under its
     2  custody  and  control not required for immediate use or disbursement, at
     3  the discretion of the corporation, in obligations of the  state  or  the
     4  United  States  government  or obligations the principal and interest of
     5  which are guaranteed by the state or the United States government, or in
     6  any  other  obligations in which the comptroller of the state is author-
     7  ized to invest pursuant to section ninety-eight  of  the  state  finance
     8  law;
     9    13.  Enter  into such agreements with the state, the urban development
    10  corporation and the city as the  parties  thereto  deem  appropriate  to
    11  effectuate the provisions of this title;
    12    14.  Assume  and  perform  the obligations and responsibilities of the
    13  urban development corporation under the lease,  the  tramway  franchise,
    14  and  all other contracts, leases, and agreements heretofore entered into
    15  by the  urban  development  corporation  relating  to  the  development,
    16  management  and  operation  of  Roosevelt Island (except that the corpo-
    17  ration shall not assume any of the rights, duties  and  responsibilities
    18  of  the  urban development corporation in relation to any bonds or notes
    19  issued, or mortgages or security agreements held, by the urban  develop-
    20  ment  corporation  or  any  of its subsidiaries) and exercise all of the
    21  rights of the urban development corporation with respect thereto; and
    22    15. Do and perform all other acts necessary or convenient to carry out
    23  the foregoing in connection with the development, management  or  opera-
    24  tion of Roosevelt Island.
    25    §  2799-eeee.  Rules  and  regulations;  approval  of development plan
    26  amendments; applicability  of  local  laws.  1.  The  corporation  shall
    27  promulgate  such  rules  and regulations as it shall deem appropriate to
    28  provide an opportunity for residents of Roosevelt Island to comment upon
    29  any major  amendment  of  the  development  plan  for  Roosevelt  Island
    30  referred  to in the lease at a public hearing held prior to its adoption
    31  by the corporation.
    32    2. Any amendment of the development plan for Roosevelt Island referred
    33  to in the lease shall be subject to  the  review  and  approval  of  the
    34  director  of  the  budget,  and the corporation shall not enter into any
    35  agreement for the design or construction of any improvement provided for
    36  in any such amendment prior to such approval.
    37    3. The requirements of all local laws, ordinances, codes, charters  or
    38  regulations  shall  be  applicable  to  the  construction, alteration or
    39  improvement of any building or structure on Roosevelt  Island,  provided
    40  that the corporation may, in lieu of such compliance, determine that the
    41  requirements  of the New York state uniform fire prevention and building
    42  code, formulated by the state fire prevention and building code  council
    43  pursuant  to  article eighteen of the executive law, shall be applicable
    44  to such work. In the event of such compliance with the  New  York  state
    45  uniform  fire prevention and building code, the city shall have no power
    46  to modify any drawings, plans or specifications for such work or for the
    47  plumbing, heating, lighting or other mechanical branches thereof, or  to
    48  require  that  any person, firm or corporation employed on any such work
    49  perform the same except as provided by such plans and specifications  or
    50  obtain  any  additional  authority, approval, permit or certificate from
    51  the city in connection therewith.
    52    § 2799-ffff. Powers and duties of urban development corporation; lease
    53  and tramway franchise. 1. The corporation shall perform all  obligations
    54  of  the  urban  development  corporation or any of its subsidiaries with
    55  respect to  the  development,  management  and  operation  of  Roosevelt

        A. 316                              6
     1  Island,  including,  without  limitation,  all  such obligations arising
     2  under the lease and the tramway franchise.
     3    2. The urban development corporation, the division and the corporation
     4  shall each use their best efforts to obtain any required consents to the
     5  assignment  of the lease and the tramway franchise from the urban devel-
     6  opment corporation to the corporation and to any other assumption by the
     7  corporation of the obligations of the urban development  corporation  or
     8  any of its subsidiaries under any other contracts, leases, agreements or
     9  instruments  entered  into  by the urban development corporation, or any
    10  such subsidiary, relating to the development, management or operation of
    11  Roosevelt Island (other than any bonds or notes issued, or mortgages  or
    12  security agreements held, by the urban development corporation or any of
    13  its subsidiaries) and, upon obtaining such consents, the corporation and
    14  the  urban  development corporation shall enter into such agreements and
    15  take such actions as shall be necessary to effectuate  such  assignments
    16  and  assumptions, provided that in order to permit the urban development
    17  corporation to recover the investment which it has  heretofore  made  in
    18  the  development  of  Roosevelt  Island,  such  agreements shall provide
    19  appropriate assurances satisfactory to the urban development corporation
    20  (a) for the prompt payment directly to the urban development corporation
    21  of all sums from time to time due from  lessees  under  the  development
    22  subleases  and  all  sums  received  by the corporation from the city in
    23  connection with the termination of the lease, and (b) for  the  amending
    24  or  supplementing  of  the  development subleases to the extent, if any,
    25  necessary to protect the rights of the holders of any mortgages  on  the
    26  leasehold  interests  created  thereunder.  Nothing  in this title shall
    27  constitute or authorize an assignment by the  urban  development  corpo-
    28  ration,  or any subsidiary thereof, of any mortgage or security interest
    29  held by the urban development corporation, or any  such  subsidiary,  on
    30  any real or personal property or interest therein on Roosevelt Island or
    31  any  rights  or obligations of the urban development corporation, or any
    32  such subsidiary, arising under any such mortgage or security  agreement,
    33  relieve  the  urban  development  corporation  of any of its obligations
    34  under any bonds heretofore issued by the urban development  corporation,
    35  or otherwise affect the interests of the holders of any such bonds.
    36    3.  All  revenues,  other  than state appropriations, derived from the
    37  contracts, leases, agreements or instruments assigned to or  assumed  by
    38  the  corporation  pursuant  to  subdivision two of this section shall be
    39  applied first to the payment of those obligations assigned to or assumed
    40  by the corporation.
    41    4. The urban development corporation and the  corporation  are  hereby
    42  authorized  to  enter  into  such agreements with the city as the corpo-
    43  ration shall determine to be appropriate to amend, reform or  supplement
    44  the  lease,  including the development plan referred to therein, and the
    45  tramway franchise in order to carry out the purposes of this title.  The
    46  provisions of any general, special or  local  law  notwithstanding,  the
    47  city  is  hereby  authorized  to enter into any such agreements with the
    48  corporation and the urban development corporation.
    49    § 2799-gggg. Equal employment opportunities. 1. The corporation  shall
    50  not  discriminate against employees or applicants for employment because
    51  of race, creed, color, national origin, sex,  sexual  orientation,  age,
    52  disability or marital status, and will undertake or continue programs of
    53  affirmative  action  to ensure that minority group persons and women are
    54  afforded  equal  employment  opportunity  without  discrimination.  Such
    55  action  shall  be  taken with reference, but not be limited, to recruit-
    56  ment, employment, job assignment, promotion, upgrading, demotion, trans-

        A. 316                              7
     1  fer, layoff, termination, rate of pay or other  forms  of  compensation,
     2  and  selections for training or retraining, including apprenticeship and
     3  on-the-job training.
     4    2.  The corporation shall request each employment agency, labor union,
     5  or authorized representative of workers with which it has  a  collective
     6  bargaining  or  other  agreement  or understanding, to furnish a written
     7  statement that such employment agency,  labor  union  or  representative
     8  shall  not  discriminate because of race, creed, color, national origin,
     9  sex, sexual orientation, age, disability or marital status and that such
    10  union or representative will cooperate  in  the  implementation  of  the
    11  corporation's obligations hereunder.
    12    3. The corporation shall state, in all solicitations or advertisements
    13  for employees placed by or on behalf of the corporation, that all quali-
    14  fied  applicants  will  be afforded equal employment opportunity without
    15  discrimination because of race,  creed,  color,  national  origin,  sex,
    16  sexual orientation, age, disability or marital status.
    17    4.  The  corporation  shall  seek meaningful participation by minority
    18  business enterprises in  the  programs  of  the  corporation  and  shall
    19  actively and affirmatively promote and assist their participation in the
    20  corporation's programs, so as to facilitate the award of a fair share of
    21  contracts  to  such enterprises. For purposes hereof, "minority business
    22  enterprise" shall mean any business enterprise which is at least  fifty-
    23  one  per  centum owned by, or in the case of publicly owned business, at
    24  least fifty-one per centum of the stock of which is owned  by,  citizens
    25  or  permanent  resident  aliens who are Black, Hispanic, Asian, American
    26  Indian or women, and such ownership interest is  real,  substantial  and
    27  continuing.
    28    §  2799-hhhh.  Indemnification;  notice  of claims. 1. The state shall
    29  indemnify and hold harmless the corporation,  urban  development  corpo-
    30  ration  and  safe affordable housing for everyone, inc., and pursuant to
    31  section seventeen of the public officers law, their respective officers,
    32  directors and employees, from and against any and all liability,  claim,
    33  loss,  damage,  suit  or  judgment  and  any  and all costs and expenses
    34  including, but not limited to, counsel fees and disbursements that  such
    35  corporations  or  their  officers,  directors or employees may suffer or
    36  incur, whether before or after the date hereof, as a  result  of  either
    37  (a)  the development, management or operation of Roosevelt Island or (b)
    38  the performance or non-performance by the division of any of  its  obli-
    39  gations  or  duties  with  respect  to  Roosevelt  Island.  All  of  the
    40  provisions of section seventeen of the public officers law which are not
    41  inconsistent with this section shall apply to the  officers,  directors,
    42  and employees of such corporations, including the provisions relating to
    43  the  defense  by  the  attorney  general or private counsel of any civil
    44  action and the payment of legal costs incurred in  connection  with  the
    45  defense  of  any  such  action.  Any member, officer or employee of such
    46  corporations seeking to be saved harmless or indemnified or to claim any
    47  other benefits available pursuant to this section or  section  seventeen
    48  of the public officers law shall comply with the procedural requirements
    49  of  such  section seventeen. As used in this section the terms "member",
    50  "officer" and "employee" shall  include  a  former  member,  officer  or
    51  employee, his estate or judicially appointed personal representative.
    52    2.  A  notice  of  claim,  served in accordance with the provisions of
    53  section fifty-e of the general  municipal  law,  shall  be  a  condition
    54  precedent  to the commencement of an action against the corporation, its
    55  officers, directors and employees. No such  action  shall  be  commenced
    56  more  than  one year after it has accrued, except that an action against

        A. 316                              8
     1  the corporation for wrongful death shall be commenced within the  notice
     2  of  claim and time limitation provisions of title eleven of article nine
     3  of this chapter.
     4    3.  Notwithstanding  the provisions of section one hundred thirteen of
     5  the retirement and social security law and any other general, special or
     6  local law, the Roosevelt Island operating corporation shall  provide  to
     7  persons  employed  by  the  Roosevelt  Island  operating corporation any
     8  retirement, disability, death or other  benefits  provided  or  required
     9  pursuant  to any agreement with a labor union of which its employees are
    10  members, and  the  Roosevelt  Island  operating  corporation  is  hereby
    11  authorized  to retroactively or in the future make such contributions as
    12  may be necessary to provide such benefits.
    13    4. For purposes of the retirement and  social  security  law,  persons
    14  employed  by  the Roosevelt Island operating corporation and to whom the
    15  Roosevelt Island operating corporation provides any retirement, disabil-
    16  ity, death and other benefits required pursuant to any agreement with  a
    17  labor  union  of which its employees are members, shall be deemed not to
    18  be employees of the Roosevelt Island operating corporation.  Such  other
    19  persons  who are employees of the Roosevelt Island operating corporation
    20  as of the effective date of this title  shall  be  eligible  to  receive
    21  credit under the retirement and social security law for previous service
    22  with the entities, or where applicable, their subsidiaries, made subject
    23  to  section  seventeen  of the public officers law by subdivision one of
    24  this section.
    25    § 2799-iiii. Annual budget and  report.  1.  On  or  before  September
    26  fifteenth,  nineteen hundred eighty-four and on each September fifteenth
    27  thereafter, the chair of the corporation shall make and deliver  to  the
    28  director  of  the budget for his or her review a proposed budget for the
    29  operation of the corporation for the next fiscal year of the state.  The
    30  chair of the corporation shall also deliver a copy of such budget to the
    31  chair of the senate finance committee and the chair of the assembly ways
    32  and means committee at the same time that the budget is delivered to the
    33  director of the budget. The budget shall include the total amount needed
    34  for corporate purposes, including the funds required by the  corporation
    35  for  operation  of  Roosevelt  Island  facilities  and improvements, the
    36  source of all funds that the corporation expects  to  receive  and  such
    37  other  information  as  the  director  of  the budget shall require. The
    38  governor shall recommend in his or her annual budget such appropriations
    39  to the corporation for its operations as he or she deems necessary.
    40    2. The corporation shall submit to the director of the  budget,  chair
    41  of  the  senate finance committee and the chair of the assembly ways and
    42  means committee, within ninety days after the end of its fiscal year,  a
    43  complete and detailed report setting forth (a) its operations and accom-
    44  plishments,  and  (b)  its  receipts and expenditures during such fiscal
    45  year in accordance with categories and  classifications  established  by
    46  the  corporation,  with  the approval of the director of the budget, for
    47  its operating and capital outlay purposes.
    48    § 2799-jjjj. Future management study. The corporation shall study  the
    49  future operation and management of Roosevelt Island. Such study shall be
    50  completed by December thirty-first, nineteen hundred eighty-five.
    51    §  2799-kkkk.  Open  space development prohibited. Notwithstanding any
    52  other provision of this title, or any other law to the contrary,  on  or
    53  after  the  effective  date  of  this section, no further development or
    54  construction for other than park purposes shall be permitted on any real
    55  property which is identified as open space areas in the general develop-
    56  ment plan as amended May tenth, nineteen hundred ninety, and  as  subse-

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     1  quently  amended,  and  approved by the board of estimate of the city of
     2  New York on August seventeenth, nineteen hundred ninety and referred  to
     3  in  the lease defined in subdivision six of section twenty-seven hundred
     4  ninety-nine-bbbb  of  this title, and on such real property shall remain
     5  open space areas for the duration of the lease unless  such  development
     6  or construction includes the reconstruction, restoration, rehabilitation
     7  or  preservation  of  the  historic landmarks located in such open space
     8  areas and furthers the use of the areas surrounding the  historic  land-
     9  marks  as  open  space  areas. Open space areas, as used in this section
    10  shall be limited to Lighthouse Park, Octagon Park, Blackwell  Park,  and
    11  South Point Park.
    12    §  2799-llll.  Liability  for community obligations; tax exemption. 1.
    13  The obligations of the corporation shall not be debts of the state,  and
    14  the state shall not be liable thereon, and such obligations shall not be
    15  payable out of any funds other than those of the corporation.
    16    2.  It  is  hereby found, determined and declared that the creation of
    17  the corporation and the carrying out of its purposes is in all  respects
    18  for  the benefit of the people of the state and is a public purpose, and
    19  that the corporation will be performing an essential governmental  func-
    20  tion  in the exercise of the powers conferred upon it by this title. The
    21  corporation and its operations, property and moneys shall  be  free  and
    22  exempt  from  taxation  of  every kind by the city and the state and any
    23  subdivision thereof. Except as hereinabove provided and  except  as  may
    24  otherwise  specifically be provided, nothing contained in this act shall
    25  confer exemption from any tax, assessment or fee upon any person,  firm,
    26  corporation or other entity, or upon the obligations of any of them.
    27    § 2799-mmmm. Division of housing and community renewal; assistance and
    28  services.  The corporation may from time to time request the division to
    29  perform such services and render such technical assistance to the corpo-
    30  ration  with  respect  to  the  development,  management or operation of
    31  Roosevelt Island as the corporation deems necessary  or  convenient  and
    32  may  provide for the reimbursement to the division by the corporation of
    33  the reasonable cost of such services.  The division is hereby authorized
    34  to perform such services and render such technical assistance as may  be
    35  agreed  upon  between  the division and the corporation pursuant to this
    36  section. In addition, the commissioner is hereby authorized to represent
    37  the corporation in any negotiations with the city concerning  amendments
    38  or  supplements to or reformations of the lease and tramway franchise as
    39  contemplated by section twenty-seven hundred  ninety-nine-ffff  of  this
    40  title.
    41    §  2799-nnnn.  Operation  of  motor vehicles. In addition to any other
    42  power conferred upon it by this title, the corporation is hereby author-
    43  ized to prescribe rules and regulations governing the operation, includ-
    44  ing the parking, standing or stopping of vehicles on  Roosevelt  Island;
    45  provided  however,  that  such  rules and regulations shall not restrict
    46  access to any city facilities situated on Roosevelt Island nor unreason-
    47  ably restrict parking by city of New York employees, their visitors  and
    48  invitees. The violation of such rules or regulations shall be an offense
    49  punishable  upon  a  first conviction thereof by a fine of not more than
    50  fifty dollars, upon a second within a period of  eighteen  months  by  a
    51  fine  of  not  more  than one hundred fifty dollars, and upon a third or
    52  subsequent conviction thereof within a period of eighteen  months  by  a
    53  fine  of  not  more  than  one  hundred  fifty  dollars. For purposes of
    54  enforcement and administration of such rules and regulations,  including
    55  but not limited to conferring jurisdiction with respect thereto upon the
    56  applicable  courts  and  administrative tribunals, all provisions of law

        A. 316                             10
     1  relating to, and rules or regulations of, the New York  city  department
     2  of transportation not inconsistent with this title shall be applicable.
     3    §  2799-oooo. Not-for-profit grant distribution. 1. The corporation is
     4  authorized to provide financial assistance in  the  form  of  grants  to
     5  not-for-profit  corporations that provide direct services or benefits to
     6  the residents of Roosevelt Island, the totality of such  grants  not  to
     7  exceed  three per centum per annum of the operating budget of the corpo-
     8  ration, and upon the approval of a majority of the entire board  of  the
     9  corporation.
    10    2.  Annually,  within  ninety days after the end of the fiscal year of
    11  the corporation, the corporation shall post a report on its website that
    12  shall list and identify each grant recipient in such  fiscal  year,  the
    13  amount  provided  to  each  recipient,  and a general description of the
    14  public benefit of each grant.
    15    § 2799-pppp. Severability of provisions. If  any  section,  clause  or
    16  provision  of  this  title  or the application thereof shall be adjudged
    17  invalid, such judgment shall not affect or invalidate any other section,
    18  clause or provision of this title.
    19    § 2799-qqqq. Transfer of funds. 1. Notwithstanding the  provisions  of
    20  any  general or special law, the director of the budget is authorized to
    21  transfer to the corporation from funds appropriated to the division  for
    22  the fiscal year beginning April first, nineteen hundred eighty-four, the
    23  amount  he  or  she  determines necessary to carry out the provisions of
    24  this title, including providing for Roosevelt Island operations, capital
    25  improvement program and any other appropriate management expenses.
    26    2. Notwithstanding the provisions of any general or  special  law,  no
    27  part  of  such appropriations shall be available for the purposes desig-
    28  nated until a certificate of approval of availability  shall  have  been
    29  issued  by  the director of the budget and a copy of such certificate is
    30  filed with the state  comptroller,  the  chair  of  the  senate  finance
    31  committee  and  the chair of the assembly ways and means committee. Such
    32  certificate may be amended from time to time, subject to the approval of
    33  the director of the budget, and a copy of each such amendment  shall  be
    34  filed  with  the  state  comptroller,  the  chair  of the senate finance
    35  committee and the chair of the assembly ways and means committee.
    36    § 3. This act shall take effect immediately.
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