Senate Bill S3697

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

                                  3697

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 27, 2009
                               ___________

Introduced  by  Sen.  PERKINS  --  (at  request of the Battery Park City
  Authority) -- read twice and ordered printed, and when printed  to  be
  committed  to  the  Committee on Corporations, Authorities and Commis-
  sions

AN ACT to amend the public authorities law, in relation to renaming  the
  battery  park city authority to be the Hugh L. Carey battery park city
  authority

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

  Section  1.  The  public  authorities  law  is amended by adding a new
section 1971-a to read as follows:
  S 1971-A. DECLARATION.  IT IS HEREBY FOUND AND DECLARED THAT THE LEAD-
ERSHIP AND FORESIGHT OF HUGH L. CAREY, GOVERNOR OF THE STATE OF NEW YORK
FROM NINETEEN HUNDRED SEVENTY-FIVE TO NINETEEN HUNDRED EIGHTY-TWO,  WERE
CRITICAL  TO  THE  SUCCESS  OF THE BATTERY PARK CITY AUTHORITY. GOVERNOR
CAREY OVERSAW THE COMPLEX RESTRUCTURING OF THE DEVELOPMENT PROCESS,  THE
RECONFIGURATION OF THE BATTERY PARK CITY MASTER PLAN, AND THE SHORT-TERM
INFUSION  OF STATE FUNDS NECESSARY TO PRESERVE THE AUTHORITY'S CREDIT IN
THE CAPITAL MARKETS. AS A CONSEQUENCE OF THESE STEPS, BATTERY PARK  CITY
HAS  BECOME  INTERNATIONALLY  RECOGNIZED  FOR EXCELLENCE IN PLANNING AND
DESIGN, AS WELL AS FINANCIALLY PROFITABLE.
  IT IS HEREBY FOUND  AND  DECLARED  THAT  IN  RECOGNITION  OF  GOVERNOR
CAREY'S  CENTRAL  ROLE  IN  THE  DEVELOPMENT  OF  BATTERY PARK CITY, THE
BATTERY PARK CITY AUTHORITY SHOULD BE RENAMED IN HONOR OF GOVERNOR CAREY
AND SHOULD HENCEFORTH BE KNOWN  AS  HUGH  L.  CAREY  BATTERY  PARK  CITY
AUTHORITY.
  S 2. Title 12 of article 8 of the public authorities law is amended by
adding a new title heading to read as follows:
                 HUGH L. CAREY BATTERY PARK CITY AUTHORITY
  S 3. Section 1970 of the public authorities law, as amended by chapter
624 of the laws of 1969, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09044-02-9
              

S. 3697                             2

  S  1970.  Short title.   This title shall be known and may be cited as
the "HUGH L. CAREY battery park city authority act".
  S  4.  The  fifth and sixth undesignated paragraphs of section 1971 of
the public authorities law, as amended by chapter 596  of  the  laws  of
1973, are amended to read as follows:
  Therefore,  it is hereby found and declared that HUGH L. CAREY Battery
Park city authority, through the issuance of  bonds  and  notes  to  the
private  investing  public,  by encouraging maximum participation by the
private sector of the economy,  including  the  sale  or  lease  of  the
authority's  interest  in projects at the earliest time deemed feasible,
and through participation in programs undertaken by the state, its agen-
cies and subdivisions, and by the federal  government,  may  provide  or
obtain  the  capital  resources  necessary  to provide dwelling accommo-
dations for persons and families of low  income,  and  facilities  inci-
dental  or  appurtenant  thereto, and, where necessary, to carry out the
clearance,  replanning,  reconstruction  and  rehabilitation   of   such
substandard and insanitary areas.
  It  is  hereby  further  found  and  declared that the acquisition and
construction of adequate, safe and sanitary dwelling accommodations  for
persons  and  families of low income and such facilities as may be inci-
dental or appurtenant thereto, are public uses and public  purposes  for
which  public  money  may be loaned and private property may be acquired
and tax exemptions granted, and that the powers and duties  of  HUGH  L.
CAREY  battery  park  city  authority or its subsidiaries as hereinafter
recited are necessary and proper for the purpose of achieving  the  ends
here recited.
  S  5.  The  section  heading  and subdivision 1 of section 1973 of the
public authorities law, the section heading as amended by chapter 624 of
the laws of 1969, and subdivision 1 as amended by  chapter  766  of  the
laws of 2005, are amended to read as follows:
  [Battery]  HUGH  L.  CAREY  BATTERY  park city authority. (1) There is
hereby created the HUGH L.   CAREY battery  park  city  authority  which
shall  be  a  body  corporate and politic, constituting a public benefit
corporation. Its  membership  shall  consist  of  seven  members  to  be
appointed by the governor with the advice and consent of the senate. One
of  the members first appointed shall serve for a term ending four years
from January first next succeeding his appointment; one of such  members
shall serve for a term ending five years from such date; and one of such
members  shall  serve  for  a  term  ending  six  years  from such date.
Provided, however, that two board members first appointed  on  or  after
the  effective date of [the] chapter SEVEN HUNDRED SIXTY-SIX of the laws
of two thousand five which  amended  this  subdivision  shall  serve  an
initial term of two years; provided further that two other board members
first  appointed  on  or after the effective date of [the] chapter SEVEN
HUNDRED SIXTY-SIX of the laws of two thousand five  which  amended  this
subdivision  shall serve an initial term of four years. Their successors
shall serve for terms of six  years  each.  Members  shall  continue  in
office  until their successors have been appointed and qualified and the
provisions of section thirty-nine  of  the  public  officers  law  shall
apply.  In the event of a vacancy occurring in the office of a member by
death, resignation or otherwise, the governor shall appoint a  successor
with  the  advice  and consent of the senate to serve for the balance of
the unexpired term.
  S 6. This act shall take effect immediately.