S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3773

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by M. of A. AUBRY, WEPRIN, GIANARIS, HEVESI, CLARK, PHEFFER,
  MAYERSOHN -- Multi-Sponsored by -- M. of A.  COOK  --  read  once  and
  referred to the Committee on Corporations, Authorities and Commissions

AN  ACT  in  relation  to  establishing  the Flushing Meadow-Corona Park
  community development corporation and to amend the  general  municipal
  law, in relation to designating Willets Point as an empire zone

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The legislature finds that the creation of a  redevelopment
and  revitalization plan for Willets Point, an area in Queens, New York,
more particularly described as the area bounded on the south by the Long
Island Expressway, on the north by Flushing Bay,  on  the  east  by  the
Flushing  River, and on the west by the Grand Central Parkway is crucial
to successful completion of a development plan  for  Downtown  Flushing.
The  legislature finds that there exists a need to create a plan for the
Willets Point area that will leverage the area's excellent location  and
improve  connections between Downtown Flushing, Corona, Shea Stadium and
Flushing Meadow-Corona Park as well as making it a  tourist  attraction.
The  legislature  further  finds  that the establishment of the Flushing
Meadow-Corona Park community development corporation  is  vital  to  the
achievement of such development plans.
  S 2. Flushing Meadow-Corona Park community development corporation. 1.
(a)  The  board  of  directors  of  the New York state urban development
corporation is hereby authorized and directed to  immediately  take  all
necessary  actions  to  create the Flushing Meadow-Corona Park community
development corporation, in accordance with the provisions of this  act.
The  Flushing Meadow-Corona Park community development corporation shall
be a subsidiary of the New York state urban development  corporation  in
accordance  with  section  12 of section 1 of chapter 174 of the laws of
1968.  Such board of directors shall complete all such necessary actions
not later than September 1, 2010.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04424-01-9
              

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  (b) For purposes of this act "Flushing  Meadow-Corona  Park  community
development  area"  shall  mean  and include, but not be limited to, the
United States Tennis Association, Flushing Marina, Shea Stadium, Hall of
Science, the Queens Theater and Willets Point.
  2.  The membership of the Flushing Meadow-Corona Park community devel-
opment corporation shall consist of nineteen directors as follows:
  (a) notwithstanding the provisions of section 12 of section 1 of chap-
ter 174 of the laws of 1968, the chairman of the New  York  state  urban
development  corporation;  the  commissioner  of  housing  and community
renewal; the superintendent of banks;  the superintendent of  insurance;
the  borough  president  of the borough of Queens; and one director upon
appointment by the mayor of the city of New York;
  (b) three directors appointed by the governor, who shall be  directors
of the New York state urban development corporation;
  (c) six directors appointed by the governor, who shall be residents of
the Flushing Meadow-Corona Park community or who shall represent a busi-
ness interest in such community; and
  (d)  two  directors  appointed  by the speaker of the assembly and two
directors appointed by the temporary president of the senate.
  3. Of the six directors initially appointed pursuant to paragraph  (c)
of  subdivision  2  of  this  section, two shall serve for a term of one
year, two shall serve for a term of two years, one  shall  serve  for  a
term  of  three years, and one shall serve for a term of four years. All
successors shall serve for terms of four years each. Vacancies occurring
otherwise than by expiration of term shall be filled for  the  unexpired
term in the same manner as original appointments.
  4.  The  governor  shall appoint the director appointed for an initial
term of four years pursuant to subdivision 3  of  this  section  as  the
chair  of  the  Flushing Meadow-Corona Park community development corpo-
ration.
  5. Directors of the Flushing Meadow-Corona Park community  development
corporation  shall  serve without salary or other compensation, but each
director shall be entitled to reimbursement  for  actual  and  necessary
expenses  incurred in the performance of his or her official duties. The
functions of  the  Flushing  Meadow-Corona  Park  community  development
corporation shall be vested in and be exercised by the governing body at
a  meeting  duly  called  and held where a quorum of eleven directors is
present. No action shall be taken except upon the favorable vote  of  at
least  eleven  members.  The  bylaws  of the Flushing Meadow-Corona Park
community development corporation shall provide for the  appointment  by
directors  serving  pursuant  to  paragraph (a) of subdivision 2 of this
section, of designees to serve in  their  place.    Notwithstanding  any
inconsistent provisions of law, general, special or local, no officer or
employee  of the state or of any civil division thereof, shall be deemed
to have forfeited or shall forfeit his or her office  or  employment  by
reason of his or her acceptance of membership on the corporation created
by this act.
  6.  The  directors  may  appoint  and  at pleasure remove an executive
director, upon recommendation of the chair. The  directors  may  appoint
such  additional  officers  and  employees  as  deemed necessary and may
determine and fix their qualifications,  duties  and  compensation.  The
Flushing  Meadow-Corona Park community development corporation may dele-
gate to one or more of its directors, officers, agents, or employees any
such functions and duties as it may deem proper.
  7. The Flushing Meadow-Corona Park community  development  corporation
shall exercise the following functions and duties:

A. 3773                             3

  (a) to formulate and implement a comprehensive development program for
the Flushing Meadow-Corona Park community;
  (b)  to  promote effective community participation, representation and
support for such program;
  (c) to identify and recommend projects  which  may  be  undertaken  in
cooperation with the Flushing Meadow-Corona Park community;
  (d)  to  provide assistance to not-for-profit organizations engaged in
economic development, housing development and cultural and  recreational
development in the Flushing Meadow-Corona Park community;
  (e)  to evaluate ongoing projects of the New York state urban develop-
ment corporation in the Flushing Meadow-Corona Park community,  to  make
recommendations  with  respect to such projects, and to cooperate in the
delivery of development programs agreed upon by the New York state urban
development corporation and various community organizations;
  (f) to review and make recommendations with  respect  to  any  project
proposed  by  the  New  York  state urban development corporation in the
Flushing Meadow-Corona Park community; and
  (g) to initiate development projects within the Flushing Meadow-Corona
Park community designed to foster economic growth and community revital-
ization.
  8. Upon an appropriation of state funds, the  chair  of  the  Flushing
Meadow-Corona  Park  community  development  corporation shall submit an
annual budget to the directors, and  upon  approval  by  the  directors,
transmit  the  annual budget to the director of the budget, the chairman
of the assembly ways and means committee and the chairman of the  senate
finance committee.
  9.    On  or  before  September  1, 2011, and annually thereafter, the
Flushing Meadow-Corona  Park  community  development  corporation  shall
submit  a  report  to  the  director  of the budget, the chairman of the
assembly ways and means committee and the chairman of the senate finance
committee on the operations and accomplishments of the Flushing  Meadow-
Corona   Park  community  development  corporation.  Such  report  shall
include:
  (a) a summary of projects initiated by the Flushing Meadow-Corona Park
community development corporation or undertaken by or on behalf  of  the
New  York  state  urban development corporation, the division of housing
and community renewal and other federal, state,  regional  or  community
development organizations; and
  (b)  a  financial  audit  of  the  corporation, including receipts and
expenditures during the preceding fiscal year in accordance with catego-
ries established for the  corporation's  operating  and  capital  outlay
purposes;  assets  and  liabilities of the corporation at the end of the
fiscal year, including the status  of  any  reserve,  special  or  other
funds;  and  a  schedule of the outstanding financial obligations at the
end of the fiscal year, together with the amounts incurred or  redeemed.
The  audit  to be included with the report due on or before September 1,
2011, and every two years thereafter, shall also include a comprehensive
management audit.
  10.  On or before December 31, 2011 and on September first  every  two
years  thereafter, the Flushing Meadow-Corona Park community development
corporation shall submit to the director of the budget, the  speaker  of
the  assembly and the temporary president of the senate an evaluation of
the effectiveness of each component  of  the  comprehensive  development
program undertaken by the Flushing Meadow-Corona Park community develop-
ment  corporation. The Flushing Meadow-Corona Park community development
corporation shall select the program evaluator  through  a  request  for

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proposal   process.  Such  evaluation  shall  make  recommendations  for
improvements which would make the development program  of  the  Flushing
Meadow-Corona Park community development corporation more effective.
  S  3.   Subdivision (b) of section 960 of the general municipal law is
amended by adding a new paragraph (xiv) to read as follows:
  (XIV) UPON THE EFFECTIVE DATE OF THIS  PARAGRAPH,  WILLETS  POINT,  AS
DEFINED  IN  SECTION  ONE  OF A CHAPTER OF THE LAWS OF TWO THOUSAND NINE
THAT ADDED THIS PARAGRAPH, SHALL BE DESIGNATED AN EMPIRE ZONE AND  SHALL
BE  CONSIDERED AN INVESTMENT ZONE, AS DEFINED UNDER SECTION NINE HUNDRED
FIFTY-SEVEN OF THIS ARTICLE. PROVIDED HOWEVER, SUCH ZONE SHALL BE LIMIT-
ED TO THE AREA DEFINED IN SECTION ONE OF A CHAPTER OF THE  LAWS  OF  TWO
THOUSAND  NINE  THAT  ADDED  THIS  PARAGRAPH.  SUCH EMPIRE ZONE SHALL BE
ADMINISTERED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND SHALL HAVE TO
FOLLOW ALL APPLICABLE SECTIONS OF THIS ARTICLE.
  S 4. This act shall take effect January 1, 2010.