Relates to the appointment of members of the Battery Park city authority; increases the number of members to nine; requires five of the nine members be primary residents of Battery Park city.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8030
SPONSOR: Fall TITLE OF BILL:
An act to amend the public authorities law, in relation to the appoint-
ment of members of the Battery Park city authority
PURPOSE:
This bill would expand the Battery Park City Authority's Board of Direc-
tors by two members and require the appointment of Battery Park City
residents until a majority of members of the Board are Battery Park City
residents.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill would amend § 1973 of the Public Authorities Law
to expand the membership of the Battery Park City Authority Board of
Directors from seven to nine members and to provide that appointments
shall be of primary residents of Battery Park City until the Board
includes at least five members who are residents.
Section 2 sets forth the effective date.
JUSTIFICATION:
The Battery Park City Authority (BPCA) is a public benefit corporation
that owns and manages the 92-acres that comprise Battery Park City in
Lower Manhattan. The BPCA's Board of Directors makes decisions that
impact the residents and businesses of Battery Park City, such as manag-
ing the Authority's assets and investments, and evaluating bids and
awarding contracts for services for residents and visitors to the commu-
nity.
This bill would require majority representation of primary residents of
Battery Park City on the BPCA Board. As required by Chapter 63 of the
Laws of 2018 (S7284/A8986 Kavanagh/Glick), enacted in connection with
the first statutory requirement that board members be residents, all
resident-members, along with all other board members, would have appro-
priate experience to serve on the board and would be required to recuse
themselves in the event of a conflict of interest. Increasing local
representation would therefore include more resident voices in decisions
that affect the community while ensuring the Board includes the neces-
sary expertise and without resulting in decisions that raise conflicts
of interest.
In 2022, the legislature passed a bill similar to this one, but the
Governor vetoed it (Veto Memo 37 of 2022), citing as a reason "this
bill could give rise to increased conflicts of interest, which would
impede the Board's ability to manage its business affairs in an orderly
manner." However, as the veto memo acknowledges, the BPCA Board current-
ly has two Battery Park City residents. To date, these members' tenure
has not hindered the functioning of the Board. Residency in the commu-
nity is not unique in raising potential conflicts of interest that must
be protected against, as there are numerous other potential factors,
such as business interests that could give rise to potential conflicts.
On any well functioning board, all potential conflicts of interest must
be identified and managed. With respect to the BPCA, this requirement is
spelled out in statute with respect to residents and all Board members
must comply with the BPCA's existing Conflicts of Interest Policy.
LEGISLATIVE HISTORY:
2022: S9031A (Kavanagh) / Al 0371A (Niou) -- vetoed by Governor, Veto
Memo 37 of 2022
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8030
2023-2024 Regular Sessions
IN ASSEMBLY
September 13, 2023
___________
Introduced by M. of A. FALL -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the appoint-
ment of members of the Battery Park city authority
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 1973 of the public authorities
2 law, as amended by chapter 63 of the laws of 2018, is amended to read as
3 follows:
4 (1) There is hereby created the battery park city authority which
5 shall be a body corporate and politic, constituting a public benefit
6 corporation. Its membership shall consist of [seven] nine members to be
7 appointed by the governor with the advice and consent of the senate. One
8 of the members first appointed shall serve for a term ending four years
9 from January first next succeeding his appointment; one of such members
10 shall serve for a term ending five years from such date; and one of such
11 members shall serve for a term ending six years from such date.
12 Provided, however, that two board members first appointed on or after
13 the effective date of chapter seven hundred sixty-six of the laws of two
14 thousand five shall serve an initial term of two years; provided further
15 that two other board members first appointed on or after the effective
16 date of chapter seven hundred sixty-six of the laws of two thousand five
17 shall serve an initial term of four years. Provided, however, that one
18 board member first appointed on or after the effective date of the chap-
19 ter of the laws of two thousand twenty-four which amended this subdivi-
20 sion shall serve an initial term of two years; provided further that the
21 other board member first appointed on or after the effective date of the
22 chapter of the laws of two thousand twenty-four which amended this
23 subdivision shall serve an initial term of four years. Their successors
24 shall serve for terms of six years each. Members shall continue in
25 office until their successors have been appointed and qualified and the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11621-02-3
A. 8030 2
1 provisions of section thirty-nine of the public officers law shall
2 apply. In the event of a vacancy occurring in the office of a member by
3 death, resignation or otherwise, the governor shall appoint a successor
4 with the advice and consent of the senate to serve for the balance of
5 the unexpired term. After the effective date of the chapter of the laws
6 of two thousand [seventeen] twenty-four that amended this subdivision,
7 if the membership of the corporation is such that less than [two] five
8 of the members are primary residents of Battery Park city as described
9 by the Battery Park project area defined by subdivision five of section
10 nineteen hundred seventy-two of this title, any appointments made shall
11 be primary residents of Battery Park city. Appointments shall continue
12 in such a manner until [two] five of the members of the corporation are
13 primary residents of Battery Park city. Thereafter, [two] five of the
14 corporation's members shall be primary residents of Battery Park city.
15 § 2. This act shall take effect immediately.
