senate Bill S5706A

Signed By Governor
2011-2012 Legislative Session

Relates to an additional reuse and consolidation project for the United Nations

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 15, 2011 signed chap.137
Jul 08, 2011 delivered to governor
Jun 17, 2011 returned to senate
passed assembly
home rule request
ordered to third reading rules cal.451
substituted for a8305a
referred to ways and means
delivered to assembly
passed senate
home rule request
Jun 16, 2011 ordered to third reading cal.1351
Jun 13, 2011 print number 5706a
amend and recommit to rules
Jun 10, 2011 referred to rules

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S5706 - Bill Details

See Assembly Version of this Bill:
A8305A
Law Section:
United Nations
Laws Affected:
Amd §§1, 6, 7, 9, 13 & 16-a, add §3-a, Chap 345 of 1968

S5706 - Bill Texts

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Relates to an additional reuse and consolidation project for the United Nations; authorizes the city of New York to discontinue certain land as parkland and alienate such land for the purposes of such consolidation project and in accordance with and subject to a memorandum of understanding.

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BILL NUMBER:S5706

TITLE OF BILL:

An act
to authorize the city of New York to discontinue certain land as
parkland and alienate such land for purposes of such consolidation
project, in accordance with and subject to a memorandum of
understanding; and
to amend chapter 345 of the laws of 1968, relating to
establishing a
United Nations development district, in relation to an additional
reuse project
and a consolidation project for the United Nations;
and providing for the repeal of such provisions upon expiration
thereof

PURPOSE OR GENERAL IDEA OF BILL:

To authorize the city of New York to alienate a portion of parkland
below the United Nations for purposes of a United Nations
consolidation project, in accordance with and subject to a memorandum
of understanding and amend chapter 345 of the laws of 1968 relating
to such consolidation project

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill authorizes the parkland alieantion.

Section 2 of the bill conditions the alienation on a memorandum of
understanding.

Section 3 of the bill authorizes New York City to de map certain areas
for the purpose of mapping such areas as parkland.

Section 4 - 10 of the bill amends the chapter of law that established
the United Nations development district for the purpose of creating
and facilitating the United Nations 42nd Street consolidation project.

Section 11 of the bill is the effective date.

JUSTIFICATION:

The United Nations needs a new building in order to facilitate the
renovation of their existing campus and ultimately the consolidation
of their offices. The authorizations given to the United Nations
Development Corporation and the City of New York are necessary to
facilitate the new building. The continuing presence of the United
Nations in Manhattan is of local, national and international
importance and the important public purposes are served by providing
for the facility, space and security needs of the United Nations
permanent headquarters, which serves as the home of the world
community.

PRIOR LEGISLATIVE HISTORY:


New bill.

FISCAL IMPLICATIONS FOR STATE:

None to the State.

EFFECTIVE DATE:

Immediately and if and when the memorandum of understanding is
completed and signed as provided in section two of this act, the
provisions thereof shall, to the extent stated therein, have the same
effect as if they were included in this act; provided, that the mayor
of the City of New York shall notify the legislative bill drafting
commission upon the completion and signing of the memorandum of
understanding as provided in section two of this act in order that
the commission may maintain an accurate and timely effective data
base of the official text of the laws of the State of New York in
furtherance of effectuating the provisions of section 44 of the
Legislative Law and section 70-b of the Public Officers Law.
Notwithstanding the foregoing, the provisions of this act shall
expire and be deemed repealed if on or before October 10, 2011, the
memorandum of understanding has not been completed and signed as
provided in section two of this act.

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

                                  5706

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 10, 2011
                               ___________

Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to authorize the city of New York to discontinue certain land  as
  parkland  and  alienate  such  land for purposes of such consolidation
  project, in accordance with and subject to a memorandum of understand-
  ing; and to amend chapter 345 of the laws of 1968, relating to  estab-
  lishing a United Nations development district, in relation to an addi-
  tional  reuse  project  and  a  consolidation  project  for the United
  Nations; and providing for the repeal of such provisions upon  expira-
  tion thereof

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

  Section 1.  Notwithstanding any provision of law to the contrary,  the
city of New York is hereby authorized to discontinue the use as parkland
of the land described as follows, and to use such land or sell, lease or
otherwise transfer such land and interests therein to the United Nations
development  corporation  for  such  purposes as are consistent with the
provisions of chapter 345 of the laws of 1968, as amended:
  An area in the borough of Manhattan, city of New York, bounded on  the
west  by  the  east  side of United Nations Plaza (First Avenue); on the
south by the north side of Forty-first Street; on the north by the south
side of Forty-second Street; and on the east by a line  that  begins  on
the  north  side of Forty-first Street, is located one hundred forty-six
feet seven eighths inches east of and parallel to United  Nations  Plaza
(First Avenue) and runs north for a distance of one hundred ninety-seven
feet  six  inches, ending at the south side of Forty-second Street, such
area being sixty-six hundredths and twenty-three ten thousandths  of  an
acre (.6623 acres).
  S 2. The authorization contained in section one of this act shall take
effect only (a) upon the condition that a memorandum of understanding is
completed and signed by the mayor of the city of New York, the temporary

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13074-03-1

S. 5706                             2

president  of the senate, and the speaker of the assembly, after consul-
tation with the members of the senate, the assembly and the city council
of the city of New York representing the  area  in  which  the  parkland
described  in  section  one  of this act is located, which memorandum of
understanding shall, among other matters: (i) identify  the  extent  of,
the  sources  for  and the procedures applicable to funding for parkland
and other recreational space in the borough of Manhattan to replace  the
parkland described in section one of this act; (ii) provide for the city
of  New  York  to designate and map parkland in the borough of Manhattan
that will, in conjunction with parkland that the city  of  New  York  so
designates  and  maps pursuant to section three of this act, have a fair
market value in the aggregate of no less than the fair market  value  of
the parkland described in section one of this act; (iii) provide for the
city  of  New  York to take possession of the area within the borough of
Manhattan, city of New York, known as the ConEd Waterside  Pier  between
Thirty-eighth  and  Forty-first Streets, for the prior user of said area
to make a payment for the structural rehabilitation of said area and for
the city of New York to commence said rehabilitation after such  payment
is made; and (iv) provide for a portion of amounts available to the city
of  New York in the future in the event of an ownership transfer by sale
or otherwise or a refinancing involving the existing  buildings  at  One
and Two United Nations Plaza (First Avenue) in the borough of Manhattan,
city of New York, to be dedicated toward the costs of a continuous walk-
way and bike path along the East River or the costs of other parkland in
the  borough  of  Manhattan; and (b) upon the further condition that the
city of New York satisfies the obligations as described in such memoran-
dum of understanding as being required to  be  satisfied  prior  to  the
alienation  of  the  parkland  described in section one of this act. The
authorization contained in section one of this act shall be  negated  if
the city of New York fails to satisfy such obligations described in such
memorandum  of  understanding as being required to be satisfied prior to
alienation of the parkland described in section one of this  act.    Any
obligations  of  the  city  of  New York set forth in such memorandum of
understanding and not described therein as being required to  be  satis-
fied prior to the alienation of the parkland described in section one of
this  act, shall, to the extent stated in such memorandum of understand-
ing, survive such alienation and be enforceable against the city of  New
York with the same effect as if included in this act.  Persons described
in such memorandum of understanding as having standing to pursue equita-
ble remedies against the city of New York to enforce any obligation that
the  city  of  New  York may be required to satisfy as described in such
memorandum of understanding shall have standing to pursue such equitable
remedies. The preceding two sentences shall not limit any other remedies
that may be available as provided in such memorandum of understanding.
  S 3. Notwithstanding anything to the contrary contained in any  gener-
al, special or local law, including the New York city charter and admin-
istrative code of the city of New York, and provided that the memorandum
of  understanding  is completed and signed as provided in section two of
this act, and provided further that the city of New York  has  satisfied
the  obligations  as  described  in  such memorandum of understanding as
being required to be satisfied prior to the provisions of  this  section
three  being effective, the city of New York, acting by its mayor alone,
or his or her designee, is hereby authorized and empowered to take  such
administrative  and  other actions as are necessary or desirable, all of
which shall be deemed ministerial, to demap, discontinue  and  close  as
part  of  public streets of the city of New York, located in the borough

S. 5706                             3

of Manhattan, the following area of approximately  sixty-two  hundredths
and sixty-seven ten thousandths of an acre (.6267 acres), located in the
borough  of Manhattan, city of New York, for purposes of designating and
mapping  such  area  as  parkland, such administrative and other actions
being also authorized for such  designation  and  mapping  as  parkland:
Beginning  at  the  northwest corner of the intersection of East Twenty-
third Street and Asser Levy Place, as those streets were heretofore laid
out on the map of the city of New  York,  thence  running  approximately
sixty  feet  in  an easterly direction along the southerly line of Asser
Levy Place to a point, thence running approximately four hundred  fifty-
five  feet  in  a  northerly direction, said course forming a deflection
angle to the left with the previous course of ninety degrees, no minutes
and no seconds, thence running approximately sixty feet  in  a  westerly
direction,  said  course forming a deflection angle to the left with the
previous course of ninety degrees, no minutes  and  no  seconds,  thence
running approximately four hundred fifty-five feet in a southerly direc-
tion,  said  course  forming  a  deflection  angle to the left of ninety
degrees, no minutes and no seconds to the place or point of beginning.
  S 4. Section 1 of chapter 345 of the laws of 1968, relating to  estab-
lishing a United Nations development district, is amended by adding five
new subdivisions 10-a, 13, 13-b, 14 and 15 to read as follows:
  10-A.  "FURTHER  DEVELOPMENT  PLAN AT 42ND STREET." A DEVELOPMENT PLAN
FOR  THE  UNITED  NATIONS  42ND  STREET  CONSOLIDATION  AREA,  INCLUDING
IMPROVEMENTS  WITHIN  SAID  AREA AND ANY IMPROVEMENTS INCIDENTAL THERETO
OUTSIDE SAID AREA.
  13. "REUSE PROJECT." THE INITIAL  REUSE  PROJECT  AND  THE  ADDITIONAL
REUSE  PROJECT  DESCRIBED  IN  SUBDIVISIONS  THIRTEEN-A  AND THIRTEEN-B,
RESPECTIVELY, OF SECTION ONE OF THIS CHAPTER.
  13-B.  "ADDITIONAL REUSE PROJECT." THE ACQUISITION OF  LAND,  EASEMENT
AND  OTHER  RIGHTS  WITHIN  OR APPURTENANT TO THE AREA IN THE BOROUGH OF
MANHATTAN, CITY OF NEW YORK, DESCRIBED  IN  THIS  SUBDIVISION,  AND  THE
MAINTENANCE,  REPAIR, OPERATION, ALTERATION AND RENOVATION, FROM TIME TO
TIME, OF IMPROVEMENTS LOCATED ON SUCH LAND, EXCLUSIVELY FOR USE  BY  THE
UNITED  NATIONS, INCLUDING ITS ORGANS, SUBSIDIARY BODIES AND SPECIALIZED
AND OTHER AGENCIES AND MEMBERS OF THE  PUBLIC  VISITING  UNITED  NATIONS
HEADQUARTERS  IN  THE  CITY  OF  NEW YORK. THE AREA REFERRED TO ABOVE IS
BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST  CORNER  OF
FORTY-FIFTH  STREET  AND  UNITED  NATIONS  PLAZA (FIRST AVENUE), RUNNING
THENCE WESTERLY ALONG FORTY-FIFTH STREET A DISTANCE OF ONE HUNDRED FEET,
RUNNING THENCE  NORTHERLY,  PARALLEL  TO  UNITED  NATIONS  PLAZA  (FIRST
AVENUE), A DISTANCE OF EIGHTY FEET FIVE INCHES, RUNNING THENCE EASTERLY,
PARALLEL  TO  FORTY-FIFTH  STREET,  A  DISTANCE  OF TWENTY FEET, RUNNING
THENCE SOUTHERLY, PARALLEL TO UNITED NATIONS  PLAZA  (FIRST  AVENUE),  A
DISTANCE OF FORTY FEET, RUNNING THENCE EASTERLY, PARALLEL TO FORTY-FIFTH
STREET,  A  DISTANCE  OF EIGHTY FEET, AND RUNNING THENCE SOUTHERLY ALONG
UNITED NATIONS PLAZA (FIRST AVENUE) A DISTANCE OF FORTY FEET FIVE INCHES
TO THE PLACE OR POINT OF BEGINNING.  PROVIDED  THAT  THE  MEMORANDUM  OF
UNDERSTANDING  IS COMPLETED AND SIGNED AS PROVIDED IN SECTION TWO OF THE
CHAPTER OF THE LAWS OF 2011 THAT ADDED  THIS  SUBDIVISION  AND  PROVIDED
FURTHER  THAT  THE CITY OF NEW YORK SHALL HAVE SATISFIED THE OBLIGATIONS
AS DESCRIBED IN SUCH MEMORANDUM OF UNDERSTANDING AS BEING REQUIRED TO BE
SATISFIED PRIOR TO THE  CORPORATION  UNDERTAKING  THE  ADDITIONAL  REUSE
PROJECT, THE ADDITIONAL REUSE PROJECT AND THE SITE THEREOF SHALL FOR ALL
PURPOSES  BE DEEMED TO BE LOCATED WITHIN THE DISTRICT AND BE DEEMED ALSO
TO BE A PROJECT AS DEFINED IN THIS CHAPTER AND SHALL, EXCEPT FOR ANY NEW
CONSTRUCTION OR ANY INCREASE IN THE HEIGHT OR FLOOR AREA OF  ANY  PREVI-

S. 5706                             4

OUSLY CONSTRUCTED BUILDING, BE DEEMED FOR ALL PURPOSES TO BE PART OF AND
TO  CONFORM  TO  A DEVELOPMENT PLAN FOR A PORTION OF THE DISTRICT, WHICH
HAS BEEN FORMULATED, REVIEWED AND APPROVED IN  ACCORDANCE  WITH  SECTION
SEVEN OF THIS CHAPTER.
  14.  "UNITED  NATIONS 42ND STREET CONSOLIDATION PROJECT." THE ACQUISI-
TION BY LEASE OR OTHERWISE FROM THE CITY OF NEW YORK AND OTHER  PARTIES,
IF  ANY,  OF  LAND,  EASEMENT AND OTHER RIGHTS WITHIN THE UNITED NATIONS
42ND  STREET  CONSOLIDATION  AREA,  AND  ASSOCIATED  PROPERTY  INTERESTS
RELATED  THERETO,  AND  FROM  TIME TO TIME THEREAFTER, THE CONSTRUCTION,
ALTERATION, RENOVATION AND REBUILDING, AND THE OWNERSHIP  OR  OPERATION,
INCLUDING  REPAIR  AND  MAINTENANCE, OF OFFICE SPACE AND RELATED FACILI-
TIES, A TUNNEL (TO PROVIDE SECURE PASSAGE FROM  AND  TO  UNITED  NATIONS
PERMANENT HEADQUARTERS), AND SPACE AND FACILITIES RELATED TO THE FOREGO-
ING,  EXCLUSIVELY  FOR  USE BY THE UNITED NATIONS, INCLUDING ITS ORGANS,
SUBSIDIARY BODIES AND SPECIALIZED AND OTHER AGENCIES;  THE  CONSTRUCTION
WITHIN,  AND  IMPROVEMENT,  ALTERATION, USE AND OPERATION OF, VOLUMES OF
SPACE, AFTER THE SAME ARE DEMAPPED, DISCONTINUED AND CLOSED AS  PART  OF
PUBLIC  STREETS  OF  THE  CITY  OF  NEW  YORK, LOCATED IN THE BOROUGH OF
MANHATTAN EAST OF UNITED NATIONS PLAZA (FIRST AVENUE) BELOW FORTY-SECOND
STREET OR BELOW THE ROADWAY OF THE FRANKLIN D.   ROOSEVELT (EAST  RIVER)
DRIVE,  FOR  PURPOSES  OF SUCH TUNNEL; THE CREATION, IMPROVEMENT, ALTER-
ATION AND RENOVATION OF SPACE, FACILITIES  AND  IMPROVEMENTS  WITHIN  OR
OUTSIDE  THE UNITED NATIONS 42ND STREET CONSOLIDATION AREA TO THE EXTENT
INCIDENTAL TO SUCH OFFICE SPACE AND TUNNEL; AND THE CORPORATION'S  COOP-
ERATION  WITH AND ASSISTANCE TO THE CITY OF NEW YORK CONCERNING PLANNING
FOR, AND THE CORPORATION'S PAYMENT OF COSTS OF, PARKLAND REPLACEMENT  TO
COMPENSATE  FOR DISCONTINUING THE USE AS PARKLAND OF A PORTION OF ROBERT
MOSES PLAYGROUND IN THE BOROUGH OF MANHATTAN FOR PURPOSES OF THE  UNITED
NATIONS  42ND STREET CONSOLIDATION PROJECT. PROVIDED THAT THE MEMORANDUM
OF UNDERSTANDING IS COMPLETED AND SIGNED AS PROVIDED IN SECTION  TWO  OF
THE  CHAPTER  OF THE LAWS OF 2011 THAT ADDED THIS SUBDIVISION, THE LAND,
BUILDINGS AND OTHER IMPROVEMENTS INCLUDED IN OR OTHERWISE  PART  OF  THE
UNITED  NATIONS 42ND STREET CONSOLIDATION PROJECT SHALL FOR ALL PURPOSES
BE DEEMED TO BE LOCATED WITHIN THE DISTRICT AND BE  DEEMED  ALSO  TO  BE
PART OF A PROJECT AS DEFINED IN THIS CHAPTER.
  15. "CITY COUNCIL." THE CITY COUNCIL OF THE CITY OF NEW YORK.
  S  4-a.  Subdivisions  10  and 13-a of section 1 of chapter 345 of the
laws of 1968, relating to  establishing  a  United  Nations  development
district,  subdivision  13-a as added by chapter 34 of the laws of 1993,
are amended to read as follows:
  10. "Development plan." A plan or plans, INCLUDING A FURTHER  DEVELOP-
MENT  PLAN  AT  42ND STREET, AND INCLUDING ANY SUPPLEMENTS, ADDITIONS OR
AMENDMENTS TO SUCH PLAN OR PLANS, for the development of all or part  of
the  district which shall include but shall not be limited to:  A state-
ment of proposed land uses; proposed land  acquisition,  demolition  and
removal  of  structures;  proposed acquisition of air rights and concom-
itant easements or other rights of user necessary for the use and devel-
opment of such air rights;  proposed  public,  semi-public,  private  or
community  facilities or utilities, WITH A SITE PLAN AND DRAWINGS THERE-
FOR; a statement as to the relationship between the development plan and
a comprehensive plan for the development of the municipality as a whole;
a statement as to proposed new codes and ordinances  and  amendments  to
existing codes and ordinances as are required or necessary to effectuate
the plan or plans; a proposed time schedule for the effectuation of such
plan  or  plans,  and such additional statements or documentation as the
corporation may deem appropriate.

S. 5706                             5

  13-a. [Reuse] "INITIAL REUSE project." The acquisition and alteration,
renovation or rebuilding, from time to time, without any increase in the
height  of  any  previously  constructed  building   and   without   any
construction  on  any  vacant  land,  of real property consisting of any
previously  constructed commercial building or buildings, or any portion
thereof, and the land and associated property interests related thereto,
primarily for use by the United Nations, including its  organs,  subsid-
iary  bodies and specialized and other agencies, provided that: any such
acquisition shall occur before  December  31,  1998;  such  building  or
buildings  shall be located at 633 Third Avenue, 685 Third Avenue or 845
United Nations Plaza in the borough of Manhattan, city of New York;  not
more  than  eight  hundred  thousand  square feet of floor area shall be
acquired if such floor area is located in more than one of  such  build-
ings;  and  the  corporation  shall  not transfer any unused development
rights from any of such buildings or add to any of  such  buildings  any
unused  development  rights  from any other property.  The reuse project
shall for all purposes be deemed to be located within the  district  and
be  deemed  also  to  be a project and to be part of and to conform to a
development plan for a portion of the district, which  has  been  formu-
lated,  reviewed  and  approved in accordance with section seven of this
chapter.
  S 5. Chapter 345 of the laws  of  1968,  relating  to  establishing  a
United  Nations development district, is amended by adding a new section
3-a to read as follows:
  S 3-A.   ESTABLISHMENT OF UNITED  NATIONS  42ND  STREET  CONSOLIDATION
AREA.    THE FOLLOWING AREA LYING SOUTH OF THE PERMANENT HEADQUARTERS OF
THE UNITED NATIONS, IN THE BOROUGH OF MANHATTAN, CITY OF NEW  YORK,  AND
BOUNDED  AND  DESCRIBED  AS FOLLOWS, IS HEREBY DESIGNATED AS THE "UNITED
NATIONS 42ND STREET CONSOLIDATION  AREA":  BEGINNING  AT  THE  NORTHEAST
CORNER  OF  UNITED  NATIONS PLAZA (FIRST AVENUE) AND FORTY-FIRST STREET,
RUNNING EASTERLY ALONG  THE  NORTHERLY  SIDE  OF  FORTY-FIRST  STREET  A
DISTANCE OF THREE HUNDRED FIVE FEET SEVEN EIGHTHS INCHES, RUNNING THENCE
NORTHERLY,  PARALLEL  TO UNITED NATIONS PLAZA (FIRST AVENUE), A DISTANCE
OF ONE HUNDRED SIXTY-EIGHT FEET, RUNNING THENCE  WESTERLY,  PARALLEL  TO
FORTY-FIRST  STREET,  A DISTANCE OF ONE HUNDRED FIFTY-NINE FEET, RUNNING
THENCE NORTHERLY, PARALLEL TO UNITED NATIONS  PLAZA  (FIRST  AVENUE),  A
DISTANCE  OF TWENTY-NINE FEET SIX INCHES, RUNNING THENCE WESTERLY, ALONG
THE SOUTHERLY SIDE OF FORTY-SECOND STREET, A  DISTANCE  OF  ONE  HUNDRED
FORTY-SIX FEET SEVEN EIGHTHS INCHES, AND RUNNING THENCE SOUTHERLY, ALONG
THE  EASTERLY SIDE OF UNITED NATIONS PLAZA (FIRST AVENUE), A DISTANCE OF
ONE HUNDRED NINETY-SEVEN FEET SIX INCHES,  TO  THE  POINT  OR  PLACE  OF
BEGINNING.  PROVIDED  THAT  THE MEMORANDUM OF UNDERSTANDING IS COMPLETED
AND SIGNED AS PROVIDED IN SECTION TWO OF THE CHAPTER OF THE LAWS OF 2011
THAT ADDED THIS SECTION, THE LAND INCLUDED IN THE  UNITED  NATIONS  42ND
STREET CONSOLIDATION AREA SHALL FOR ALL PURPOSES BE DEEMED TO BE LOCATED
WITHIN THE DISTRICT.
  S  6. Section 6 of chapter 345 of the laws of 1968, relating to estab-
lishing a United Nations development district, subdivision 3 as  amended
by chapter 623 of the laws of 1971, is amended to read as follows:
  S  6.  Powers and duties of corporation.  The powers and duties of the
corporation shall be:
  (1) to undertake surveys of the  present  and  anticipated  need:  for
[locations  for missions,] office space, meeting facilities, [and] hous-
ing and recreational facilities  [for]  AND  OTHER  FACILITIES  FOR  THE
UNITED NATIONS, DELEGATIONS AND delegates TO THE UNITED NATIONS, person-
nel  of  delegations  TO  THE  UNITED NATIONS, and members of the United

S. 5706                             6

Nations staff; for office space, auditorium and meeting  facilities  for
related  nongovernmental  organizations;  for  hotel  accommodations for
visiting heads of state and other dignitaries; for bus terminals, dining
facilities, and other facilities for visiting persons and groups[,]; for
parking[,]; and for housing, commercial, industrial and other facilities
necessary or appropriate to carry out the purposes of this chapter,
  (2) subject to the approval of the [board of estimate and the] commis-
sion AND THE CITY COUNCIL as hereinafter provided, to formulate a devel-
opment  plan  or  plans [including supplements, additions and amendments
thereto,] in accordance  with  the  foregoing  present  and  anticipated
needs,  with  provision  for  relocation  of  individuals and commercial
establishments outside or within the district,
  (3) [to undertake or cause its subsidiary corporation or corporations]
to undertake, or otherwise to have undertaken on behalf  of  the  corpo-
ration, the execution of a development plan or of a portion thereof, and
the  financing,  acquisition, construction, rehabilitation, improvement,
operation and management of any project or  portion  thereof,  including
attendant  relocation  facilities,  provided however, that all contracts
let by the corporation [or by a subsidiary (rather than a sponsor  or  a
person, firm or corporation acting as sponsor in lieu of the corporation
or  its  subsidiaries)] for the erection, construction, or alteration of
buildings shall be let in conformity with the provisions of section  one
hundred   thirty-five  of  the  state  finance  law,  EXCEPT  THAT  SUCH
PROVISIONS SHALL NOT BE APPLIED TO RESTRICT THE CORPORATION'S PRE-QUALI-
FICATION OF BIDDERS FOR PURPOSES  OF  THE  UNITED  NATIONS  42ND  STREET
CONSOLIDATION  PROJECT, AND PROVIDED FURTHER THAT EXECUTION OF A FURTHER
DEVELOPMENT PLAN AT 42ND STREET MAY NOT PROCEED  UNLESS  AND  UNTIL  THE
APPROVAL  THEREOF  BY THE COMMISSION AND THE CITY COUNCIL AS HEREINAFTER
PROVIDED AND UNLESS AND UNTIL THE MEMORANDUM OF  UNDERSTANDING  REFERRED
TO  IN  SECTION  TWO  OF  THE  CHAPTER OF THE LAWS OF 2011 AMENDING THIS
SECTION HAS BEEN COMPLETED AND SIGNED AS PROVIDED IN THAT SECTION.
  [(4) when, in the opinion of the board of directors, it would be  more
appropriate or convenient to have the execution of a particular develop-
ment  plan or portion thereof undertaken by a sponsor rather than by the
corporation or one or more of its subsidiaries,  to  select  a  proposed
sponsor  or  sponsors financially responsible and otherwise qualified by
experience and training to undertake the execution  of  the  development
plan and to relocate residents and businesses to be displaced thereby,
  (5)  to  advise  and  generally  supervise such sponsor or sponsors or
successors thereto in connection with such relocation and development,
  (6) with the approval of the board of  estimate,  (a)  to  enter  into
agreements  with  a qualified sponsor or sponsors for the implementation
and execution of all or a portion of a development plan, or,  (b)  where
such implementation and execution is to be undertaken by the corporation
or  one  or  more  of its subsidiaries, to enter into agreements for the
implementation and execution of such development plan or portion thereof
with persons, firms or corporations acting as sponsors in  lieu  of  the
corporation or its subsidiaries, and (c) to enter into agreements amend-
ing, modifying or superseding such agreements, and
  (7)]  (4)  to  furnish  advice,  technical assistance and liaison with
federal, state and city authorities and with users and occupants of  the
facilities  to  be  created  within  the district with respect to educa-
tional, social and cultural activities within the district,  and  other-
wise  to  foster  and encourage greater public knowledge of, and partic-
ipation  in,  the  activities  of  the  United  Nations  and  affiliated
organizations, AND

S. 5706                             7

  (5)  TO  PROVIDE ADVICE AND SERVICES WITH RESPECT TO REAL ESTATE NEEDS
AND DEVELOPMENT AS REQUESTED BY THE STATE  OR  CITY  OF  NEW  YORK,  THE
UNITED STATES OR THE UNITED NATIONS.
  S  7.  Subdivision  a of section 7 of chapter 345 of the laws of 1968,
relating to establishing  a  United  Nations  development  district,  is
amended to read as follows:
  a. The corporation shall prepare or cause to be prepared a development
plan  for  the  district,  or,  if the corporation deems it necessary or
advisable that the development of the district OR A PORTION  THEREOF  be
carried  out  in  stages, development plans for parts or portions of the
district. Any development plan shall include a  requirement  that  relo-
cation  benefits  be  provided  to  individuals  and  businesses  to  be
displaced in the course of redevelopment which are  at  least  equal  to
those  for which such individuals and businesses would be eligible under
federal law at the time of their relocation if the development plan were
an urban renewal plan.
  S 7-a. Section 7 of chapter 345 of  the  laws  of  1968,  relating  to
establishing a United Nations development district, is amended by adding
two new subdivisions e and f to read as follows:
  E.    THE  PROVISIONS OF SUBDIVISIONS B, C AND D OF THIS SECTION SHALL
NOT APPLY TO ANY FURTHER DEVELOPMENT PLAN AT 42ND STREET OR ANY DEVELOP-
MENT PLAN FOR ANY NEW CONSTRUCTION OR ANY  INCREASE  IN  THE  HEIGHT  OR
FLOOR  AREA  OF  THE  PREVIOUSLY  CONSTRUCTED  BUILDING  LOCATED ON LAND
ACQUIRED AS PART OF THE ADDITIONAL REUSE PROJECT OR ANY AMENDMENT OF ANY
SUCH DEVELOPMENT PLAN. ANY SUCH DEVELOPMENT PLAN OR AMENDMENT  SHALL  BE
SUBJECT  TO  REVIEW  PURSUANT  TO SECTION ONE HUNDRED NINETY-SEVEN-C AND
SECTION ONE HUNDRED NINETY-SEVEN-D OF THE CHARTER OF  THE  CITY  OF  NEW
YORK  IN  THE  SAME MANNER AS IF SUCH DEVELOPMENT PLAN OR AMENDMENT WERE
DESCRIBED IN PARAGRAPH ONE OF SUBDIVISION B OF SECTION ONE HUNDRED NINE-
TY-SEVEN-D OF THE CHARTER OF THE CITY OF NEW YORK. APPROVAL OF ANY  SUCH
DEVELOPMENT  PLAN  OR  AMENDMENT SHALL INCLUDE, WITHOUT LIMITATION, LAND
USE REVIEW AUTHORIZATION FOR ANY DISPOSITION BY THE CITY OF NEW YORK  OF
ANY  AND  ALL LAND OR OTHER RIGHTS, AND ANY DEMAPPING, DISCONTINUING AND
CLOSING BY THE CITY OF NEW YORK OF ANY AND ALL VOLUMES OF SPACE AND  ANY
OTHER  PORTION OF ANY PUBLIC STREETS, FOR PURPOSES OF A FURTHER DEVELOP-
MENT PLAN AT 42ND STREET.
  F. NO PORTION OF A FURTHER DEVELOPMENT PLAN AT 42ND STREET IS  PERMIT-
TED  TO BE EFFECTUATED IN ANY RESPECT, INCLUDING WITHOUT LIMITATION, ANY
ACQUISITION BY THE CORPORATION OF ANY INTEREST  IN  THE  UNITED  NATIONS
42ND  STREET CONSOLIDATION AREA, ANY COMMENCEMENT OF CONSTRUCTION BY THE
CORPORATION WITHIN THE UNITED NATIONS 42ND STREET CONSOLIDATION AREA AND
ANY OTHER PHYSICAL ACTIVITY BY THE CORPORATION ON, OR OTHER INTERFERENCE
BY THE CORPORATION WITH USE OF OR ACCESS TO,  THE  UNITED  NATIONS  42ND
STREET  CONSOLIDATION  AREA, UNLESS AND UNTIL A FURTHER DEVELOPMENT PLAN
AT 42ND STREET HAS BEEN REVIEWED AS PROVIDED IN SUBDIVISION  E  OF  THIS
SECTION  AND  A  MEMORANDUM  OF UNDERSTANDING IS COMPLETED AND SIGNED AS
PROVIDED FOR IN SECTION TWO OF THE CHAPTER OF  THE  LAWS  OF  2011  THAT
ADDED THIS SUBDIVISION.
  S  8. Section 9 of chapter 345 of the laws of 1968, relating to estab-
lishing a United Nations development district, is amended  by  adding  a
new subdivision d to read as follows:
  D.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN ANY GENERAL,
SPECIAL  OR  LOCAL LAW, INCLUDING THE CHARTER AND ADMINISTRATIVE CODE OF
THE CITY OF NEW YORK, THE CITY OF NEW YORK, ACTING BY ITS  MAYOR  ALONE,
OR  HIS  OR HER DESIGNEE, SHALL BE AUTHORIZED, FOR THE EFFECTUATION OF A
FURTHER DEVELOPMENT PLAN  AT  42ND  STREET  WHEN  APPROVED  PURSUANT  TO

S. 5706                             8

SECTION  ONE  HUNDRED NINETY-SEVEN-C AND SECTION ONE HUNDRED NINETY-SEV-
EN-D OF THE CHARTER OF THE CITY OF NEW YORK IN THE  SAME  MANNER  AS  IF
SUCH  DEVELOPMENT  PLAN  OR AMENDMENT WERE DESCRIBED IN PARAGRAPH ONE OF
SUBDIVISION  B  OF  SECTION ONE HUNDRED NINETY-SEVEN-D OF THE CHARTER OF
THE CITY OF NEW YORK, AND WHEN OTHERWISE PERMITTED  TO  BE  EXECUTED  AS
PROVIDED  IN  THIS  CHAPTER,  TO  TAKE  SUCH ACTIONS AS ARE NECESSARY OR
DESIRABLE, TO DEMAP, DISCONTINUE AND CLOSE VOLUMES OF SPACE PART OF  THE
PUBLIC  STREETS  OF  THE  CITY  OF  NEW  YORK, LOCATED IN THE BOROUGH OF
MANHATTAN EAST OF UNITED NATIONS PLAZA (FIRST AVENUE), AND BELOW  FORTY-
SECOND  STREET,  OR BELOW THE ROADWAY AT THE FRANKLIN D. ROOSEVELT (EAST
RIVER) DRIVE, FOR PURPOSES OF A TUNNEL AS PART  OF  THE  UNITED  NATIONS
42ND  STREET  CONSOLIDATION  PROJECT,  AND TO SELL, LEASE FOR A TERM NOT
EXCEEDING NINETY-NINE YEARS, OR OTHERWISE DISPOSE OF TO THE  CORPORATION
ANY  LAND  AND OTHER INTERESTS IN REAL PROPERTY OWNED BY THE CITY OF NEW
YORK, REGARDLESS OF HOW ACQUIRED, AND INCLUDED  IN  THE  UNITED  NATIONS
42ND  STREET CONSOLIDATION PROJECT, INCLUDING ANY DISCONTINUED, DEMAPPED
AND CLOSED PART OF THE PUBLIC STREETS OF THE CITY OF NEW  YORK,  WITHOUT
ANY  PAYMENT  OF MONEY THEREFOR AND WITHOUT FURTHER REVIEW OR APPROVALS,
OTHER THAN SAID APPROVAL OF THE FURTHER DEVELOPMENT PLAN AT 42ND STREET,
AND THE COMPLETION AND SIGNATURE OF THE MEMORANDUM OF  UNDERSTANDING  AS
PROVIDED  IN  SECTION  TWO OF THE CHAPTER OF THE LAWS OF 2011 THAT ADDED
THIS SUBDIVISION, AND WITHOUT PUBLIC AUCTION OR  SEALED  OR  COMPETITIVE
BIDS.
  S 9. Section 13 of chapter 345 of the laws of 1968, relating to estab-
lishing  a  United  Nations  development district, is amended to read as
follows:
  S 13. Exemption from taxation.   It is hereby  found,  determined  and
declared  that  the  creation of the corporation and the carrying out of
its purposes is in all respects for the benefit of  the  people  of  the
city  and state of New York and is a public purpose, and that the corpo-
ration will be performing an  essential  governmental  function  in  the
exercise of the powers conferred upon it by this chapter. The income and
operations of the corporation shall be exempt from taxation. Obligations
issued  by  the  corporation  or  a subsidiary pursuant to this chapter,
together with income therefrom, shall be free from taxation, except  for
transfer and estate taxes.  [Any] THE LAND, BUILDINGS AND OTHER IMPROVE-
MENTS  FROM  TIME  TO  TIME  INCLUDED AS PART OF THE UNITED NATIONS 42ND
STREET CONSOLIDATION PROJECT SHALL, UNLESS OWNED BY THE UNITED  NATIONS,
BE  SUBJECT TO REAL PROPERTY TAXATION IN THE SAME MANNER AND TO THE SAME
EXTENT AS REAL PROPERTY IN THE CITY OF NEW YORK USED FOR OFFICE PURPOSES
GENERALLY, EXCEPT THAT SUCH LAND, BUILDINGS AND OTHER IMPROVEMENTS SHALL
BE EXEMPT FROM SUCH TAXATION IF THE SAME ARE OWNED BY THE  CITY  OF  NEW
YORK  AND  LEASED TO THE CORPORATION FOR NOT MORE THAN NINETY-NINE YEARS
AND OTHERWISE ON TERMS SATISFACTORY TO THE CITY OF NEW YORK,  ACTING  BY
ITS  MAYOR ALONE, PROVIDED THAT THE CORPORATION ENTERS INTO AN AGREEMENT
REQUIRING THAT IT PAY TO THE CITY OF NEW YORK OR  ITS  DESIGNEE  AMOUNTS
FROM  TIME  TO  TIME  IN LIEU OF SUCH REAL PROPERTY TAXATION, AND IN THE
CASE OF ANY SUCH AGREEMENT, THE CITY OF NEW YORK OR ITS  DESIGNEE  SHALL
BE AUTHORIZED, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN ANY
GENERAL,  SPECIAL OR LOCAL LAW, INCLUDING THE CHARTER AND ADMINISTRATIVE
CODE OF THE CITY OF NEW YORK, TO PLEDGE, ASSIGN OR  OTHERWISE  TRANSFER,
ON  TERMS  SATISFACTORY  TO  THE  CITY  OF NEW YORK, ACTING BY ITS MAYOR
ALONE, THE AMOUNTS PAYABLE UNDER SUCH AGREEMENT AND THE RIGHT TO RECEIVE
SUCH AMOUNTS, FOR THE PURPOSE OF PROVIDING A SOURCE OF PAYMENT  OF,  AND
AS SECURITY FOR, THE FINANCING OF THE UNITED NATIONS 42ND STREET CONSOL-
IDATION PROJECT. EXCEPT AS OTHERWISE PROVIDED ABOVE IN THIS SECTION, ANY

S. 5706                             9

facilities  within  the  district  owned  by  the  corporation[, or by a
subsidiary or a sponsor,] which are found and determined by  the  [board
of  estimate]  CITY COUNCIL to be public facilities shall be exempt from
taxation  or  assessment by and from the payment of any fees to the city
of New York, and, if such finding and determination is approved  by  the
state  tax  commission,  from  taxation  or  assessment  by and from the
payment of any fees to the state or any subdivision thereof  or  to  any
officer  or employee of the state or any subdivision thereof. The [board
of estimate] CITY COUNCIL,  upon  application  by  the  corporation[,  a
subsidiary,  or  a  sponsor,] may find and determine that all or part of
the real property owned by the  corporation[,  the  subsidiary,  or  the
sponsor]  within  the  district is devoted exclusively to public facili-
ties. Such tax exemption shall continue so  long  as  such  facility  is
devoted  exclusively  to public use. Except as hereinabove provided, and
except as may otherwise specifically be provided, nothing  contained  in
this chapter shall confer exemption from any tax, assessment or fee upon
any  person,  firm, corporation or other entity, or upon the obligations
of any of them.
  S 10. Section 16-a of chapter 345 of the laws  of  1968,  relating  to
establishing  a United Nations development district, as added by chapter
623 of the laws of 1971, is amended to read as follows:
  S 16-a. Development limitation.  1. The  corporation,  notwithstanding
any  other  provision of law and unless further authorized by act of the
legislature, shall not in the execution of the development plan  hereto-
fore  approved  under  section  seven  of  this  chapter  undertake  the
execution of any portion of such development plan on real property with-
in the district lying westerly of a line parallel to, and three  hundred
twenty-five  feet  westerly  from  the  westerly  side of United Nations
Plaza.  THE CORPORATION, NOTWITHSTANDING ANY OTHER PROVISION OF LAW  AND
UNLESS  FURTHER  AUTHORIZED  BY ACT OF THE LEGISLATURE, SHALL NOT IN THE
EXECUTION OF A FURTHER  DEVELOPMENT  PLAN  AT  42ND  STREET  DEVELOP  OR
CONSTRUCT  ANY BUILDING OR OTHER STRUCTURE ABOVE GRADE ON ANY PORTION OF
THE UNITED NATIONS 42ND STREET CONSOLIDATION AREA OTHER THAN THE FOLLOW-
ING PORTION OF SUCH AREA: THE AREA BOUNDED ON THE WEST BY THE EAST  SIDE
OF  UNITED  NATIONS PLAZA (FIRST AVENUE), ON THE SOUTH BY THE NORTH SIDE
OF FORTY-FIRST STREET; ON THE NORTH BY THE SOUTH  SIDE  OF  FORTY-SECOND
STREET;  AND  ON  THE  EAST  BY  A LINE THAT BEGINS ON THE NORTH SIDE OF
FORTY-FIRST STREET, IS LOCATED ONE HUNDRED FORTY-SIX FEET SEVEN  EIGHTHS
INCHES  EAST  OF AND PARALLEL TO UNITED NATIONS PLAZA (FIRST AVENUE) AND
RUNS NORTH FOR A DISTANCE OF ONE HUNDRED NINETY-SEVEN FEET  SIX  INCHES,
ENDING AT THE SOUTH SIDE OF FORTY-SECOND STREET.
  2.  All  properties in the district, lying easterly of a line parallel
to and three hundred twenty-five feet westerly from the westerly side of
United Nations Plaza, even though separated by a street,  NOT  INCLUDING
THE UNITED NATIONS 42ND STREET CONSOLIDATION AREA, AND NOT INCLUDING ANY
PROPERTY  THAT  IS  PART OF ANY REUSE PROJECT, shall be deemed, notwith-
standing any other provision of law[,] to be  one  zoning  lot  for  all
purposes, and the maximum floor area ratio of such properties, DEEMED TO
BE PART OF ONE ZONING LOT AND taken as a whole, AND OF ANY PROPERTY THAT
IS PART OF AN ADDITIONAL REUSE PROJECT, shall not exceed fifteen.
  3.  The  corporation  may  undertake  or  cause  to  be undertaken the
execution of any portion of the  development  plan  heretofore  approved
under  section  seven of this chapter without requiring any amendment to
or modification of such development plan and  without  further  approval
under section seven of this chapter.

S. 5706                            10

  4.   NO PORTION OF ANY STRUCTURE PERMITTED TO BE DEVELOPED PURSUANT TO
A FURTHER DEVELOPMENT PLAN AT 42ND STREET, IF AND WHEN  EFFECTUATION  OF
SUCH  FURTHER  DEVELOPMENT  PLAN  AT 42ND STREET IS PERMITTED UNDER THIS
CHAPTER, MAY BE BUILT TO A HEIGHT GREATER THAN THE HEIGHT OF THE  UNITED
NATIONS  SECRETARIAT  BUILDING. SUBJECT TO COMPLIANCE WITH THE FOREGOING
LIMITATION IN THIS SUBDIVISION, NINE HUNDRED  THOUSAND  SQUARE  FEET  OF
FLOOR  AREA  AS  DEFINED  IN  ANY  APPLICABLE ZONING RESOLUTION SHALL BE
DEEMED ATTRIBUTABLE UNDER SUCH ZONING RESOLUTION TO THE LAND THAT  IS  A
PORTION  OF  THE  UNITED  NATIONS  42ND STREET CONSOLIDATION AREA AND IS
DESCRIBED IN THE SECOND SENTENCE OF SUBDIVISION ONE OF THIS SECTION, AND
A MAXIMUM OF NINE HUNDRED THOUSAND SQUARE FEET OF SUCH FLOOR AREA  SHALL
BE  PERMITTED  TO BE INCORPORATED IN SUCH STRUCTURE AS PART OF A FURTHER
DEVELOPMENT PLAN AT 42ND STREET.
  S 11.  This act shall take effect immediately, and  if  and  when  the
memorandum  of  understanding  is  completed  and  signed as provided in
section two of this act, the provisions thereof  shall,  to  the  extent
stated  therein,  have  the same effect as if they were included in this
act; provided, that the mayor of the city of New York shall  notify  the
legislative  bill drafting commission upon the completion and signing of
the memorandum of understanding as provided in section two of  this  act
in  order that the commission may maintain an accurate and timely effec-
tive data base of the official text of the laws of the state of New York
in furtherance of effectuating the  provisions  of  section  44  of  the
legislative  law  and  section 70-b of the public officers law. Notwith-
standing the foregoing, the provisions of this act shall expire  and  be
deemed  repealed  if  on  or  before October 10, 2011, the memorandum of
understanding has not been completed and signed as provided  in  section
two of this act.

S5706A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8305A
Law Section:
United Nations
Laws Affected:
Amd §§1, 6, 7, 9, 13 & 16-a, add §3-a, Chap 345 of 1968

S5706A (ACTIVE) - Bill Texts

view summary

Relates to an additional reuse and consolidation project for the United Nations; authorizes the city of New York to discontinue certain land as parkland and alienate such land for the purposes of such consolidation project and in accordance with and subject to a memorandum of understanding.

view sponsor memo
BILL NUMBER:S5706A REVISED 06/17/11

TITLE OF BILL:
An act
to authorize the city of New York to discontinue certain land as
parkland and alienate such land for purposes of such consolidation
project, in accordance with and subject to a memorandum of
understanding; and
to amend chapter 345 of the laws of 1968, relating to
establishing a
United Nations development district, in relation to an additional
reuse project
and a consolidation project for the United Nations;
and providing for the repeal of such provisions upon expiration
thereof

PURPOSE:

To authorize the city of New York (the "City") to alienate a
portion of the parkland on part of the block between East 41st and
East 42nd Streets on the east side of First Avenue in Manhattan for
use by the United Nations, in accordance with and subject to a
memorandum of understanding (the "MOU") to be signed by October 10,
2011, with the authorization to expire and this act to be deemed
repealed if, by that date, the MOU is not completed and signed.

SUMMARY OF PROVISIONS:

Section 1 authorizes the City to discontinue the use as parkland of
the western portion (an area of 0.6623 acres) of the Robert Moses
Playground (the "Western RMP Portion") located between Forty-first
and Forty-second Streets on the east side of First Avenue in
Manhattan, as described in the act, and to use the same or sell,
lease or otherwise transfer the same to the United Nations
Development Corporation (the "UNDC") for purposes consistent with the
UNDC's enabling legislation, as amended, including as amended by this
act. The authorization for alienation of the Western RMP Portion will
take effect only if the conditions set forth in Section 2 of this act
are satisfied.

Section 2 provides that the authorization granted in Section 1 of this
act for the alienation of the Western RMP Portion will take effect
only if the MOU is completed and signed as provided in the act and
the City satisfies obligations to be described in the MOU that are
required under the MOU to be satisfied prior to such alienation. Any
obligations of the City set forth in the MOU and required to be
satisfied after such alienation, shall, to the extent stated in the
MOU, survive such alienation and be enforceable against the City with
the same effect as if included in the act.
Persons described in the MOU as having standing to pursue equitable
remedies against the City to enforce the City's obligations as
described in the MOU shall have standing to pursue those equitable
remedies. The preceding will not limit any other remedies that may be
available as provided in the MOU.


The act provides for the MOU to be signed by the Mayor of the City,
the Temporary President of the New York State Senate and the Speaker
of the New York State Assembly, after consultation with the members
of the Senate, the Assembly, and the City Council whose districts
include the area
in which the Robert Moses Playground is located. The MOU would, among
other matters: (i) identify the extent of, the sources for, and the
procedures applicable to funding for parkland and other recreational
space in Manhattan to replace the Western RMP Portion; (ii) provide
for the City to designate and map other parkland in Manhattan that
would, together with parkland that the City designates and maps
pursuant to Section 3 of the act, have a value in the aggregate at
least equal to the value of the Western RMP Portion; (iii) provide
for the City to take possession of and rehabilitate the ConEd
Waterside Pier between Thirty-eighth and Forty-first Streets on the
east side of Manhattan, and provide for the prior user of that area
to make a payment to the City for such rehabilitation; and (iv)
provide for a portion of amounts available to the City in the future
in the event of an ownership transfer, by sale or otherwise, or a
refinancing involving the existing buildings at One and Two United
Nations Plaza (First Avenue) in Manhattan, to be directed toward the
costs of a continuous walkway and bike path along the East River or
the costs of other parkland.

Section 3 authorizes the City, acting by the Mayor alone, to take such
administrative and other actions, all of which are deemed
ministerial, to demap, discontinue and close the part of the public
streets of the City known as Asser Levy Place (an area of
approximately 0.6267 acres) in Manhattan, and to designate and map
such area as parkland, provided that the MOU is completed and signed
as provided in the act and the City satisfies obligations described
in the MOU that are required under the MOU to be satisfied prior to
the provisions of Section 3 being effective.

Sections 4 through 10 amend the UNDC's 1968 enabling legislation,
except that the amendments have no effect unless and until the MOU is
completed and signed as provided in the act and certain other
conditions as specified in the act are satisfied.

Sections 4 and 4-a amend the UNDC's enabling legislation to define the
"United Nations 42nd Street Consolidation Project," referred to in
this Summary of Provisions as the "Consolidation Project." The
definition of a development plan in the UNDC's enabling legislation
is updated to include the Consolidation Project, and to define an
"additional reuse project" consisting of the possible future
acquisition and renovation by the UNDC of the "UNIT AR" building,
located at 45th Street and United Nations Plaza and currently owned
and occupied by the United Nations (the "UN"). As part of the
Consolidation Project, the UNDC is authorized to cooperate with and
assist the City in the planning for, and paying the costs of,
parkland replacement for the Western RMP Portion.

Section 5 amends the UNDC's enabling legislation to establish and add
a definition of the "United Nations 42nd Street consolidation area."
This area includes the Western RMP Portion, which is uniquely suited
for use by the UN and which would be the site for the building
permitted to be constructed as part of the Consolidation Project,


referred to in this Summary of Provisions as the "Consolidation
Building." The Western RMP Portion does not include the dog run or
the basketball and handball courts located at the eastern portion of
the Robert Moses Playground. The Consolidation Building could not
exceed the height of the existing UN Secretariat Building and could
not include more than 900,000 square feet of floor area.

Section 6 amends the UNDC's enabling legislation to update certain
provisions describing the UNDC's powers (such as replacing an
obsolete reference to the New York City Board of Estimate with a
reference to the City Council), without increasing or diminishing
those powers,
except to provide that requirements under the New York State Finance
Law for public bidding are not to be applied to restrict the UNDC's
pre-qualification of bidders for purposes of the Consolidation
Project. The UNDC would not be permitted to carry out the development
plan for the Consolidation Project unless and until the MOU is
completed and signed and the development plan is approved by the City
Planning Commission and the City Council pursuant to the City's
Uniform Land Use Review Procedure ("ULURP") under the City Charter.

Section 7-a amends the UNDC's enabling legislation to provide for
review pursuant to ULURP of the development plan for the
Consolidation Project and possibly for the additional reuse project.
Approval of the development plan for the Consolidation Project would
include, without limitation, land use review authorization for any
disposition by the City of any and all land or other rights,
including the Western RMP Portion, for purposes of such development
plan and land use review authorization for any demapping,
discontinuing and closing by the City of any and all volumes of space
and any other portions of any public streets for such purposes. The
UNDC would not be permitted to carry out the development plan for the
Consolidation Building unless and until the MOU is completed and
signed and the development plan is approved pursuant to ULURP.

Section 8 amends the UNDC's enabling legislation to authorize the
City, acting by the Mayor alone, but subject to approval of the
development plan for the Consolidation Project pursuant to ULURP as
referred to above and completion and signature of the MOU as provided
in the act, to sell, lease for a term not exceeding 99 years, or
otherwise transfer land or other real property included within the
United Nations 42nd Street consolidation project to the UNDC for
purposes of carrying out such development plan.

Section 9 amends the UNDC's enabling legislation to provide that the
land, buildings, and other improvements included as part of the
Consolidation Project will be subject to real property taxation,
unless owned by the City and leased to the UNDC for not more than 99
years, with an agreement by the UNDC to pay the City or its designee
amounts in lieu of real estate taxes,
which payments the City or its designee will be authorized to pledge,
on terms satisfactory to the City, acting by the Mayor alone, as
security for the financing of the Consolidation Project.

Section 10 amends the UNDC's enabling legislation to confirm that the
area within the United Nations 42nd Street consolidation area on
which UNDC may construct the Consolidation Building is limited to the


Western RMP Portion, and also limits the height of the Consolidation
Building to no greater than the height of the UN Secretariat Building
and the floor area of the Consolidation Building to a maximum of
900,000 square feet.

Section 11 provides that the provisions of the MOU shall, to the
extent stated therein, have the same effect as if they were included
in the act, and that the provisions of this act will expire and be
deemed repealed on October 10, 2011, if by that date, the MOU is not
completed and signed as provided in the act.

JUSTIFICATION:

This legislation provides authorization for the City, subject to the
MOU required in the legislation and described above, in consultation
with the legislative representatives of the affected community on the
east side of Manhattan, and also subject in key respects to the
City's existing land use review process, to take major steps toward
addressing several important needs.

The United Nations requires an additional building adjacent to its
existing campus in order to increase the security of its workers and
visitors, and to consolidate its offices, which are currently spread
among various buildings owned by the city or by private landlords.
The continued presence of the United Nations in New York is of local,
statewide, national, and international importance. Essential public
purposes are served and significant economic activity and tax
revenues are generated for the City and the State of New York, by
providing for the facilities, space, and security needs of the United
Nations permanent headquarters, which serves as a gathering place for
the world community and the 192 United Nations member states.

If the MOU provided for in the legislation and described above is
signed by October 10, 2011 this legislation would alienate a portion
of the public parkland located on part of a city block immediately
south of the United Nations, and authorize the land to be transferred
to the UNDC, and provide the authorizations necessary for the UNDC
and the City to facilitate the construction of the new building
needed by the United Nations.

In addition to benefitting the United Nations, generating substantial
economic activity, and ensuring that revenue from the presence of the
United Nations continues to flow to the City and State, this
legislation creates the opportunity to provide resources necessary to
fund and build greater public recreational access to the East River
waterfront-a major step toward completing the greenway around
Manhattan-and increase the limited open space in the area.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPACT:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately, and if and
when the memorandum of understanding is completed and signed as


provided in section two of this act, the provisions thereof shall, to
the extent stated therein, have the same effect as if they were
included in this act;
provided, that the mayor of the city of New York shall notify the
legislative bill drafting commission upon the completion and signing
of the memorandum of understanding as provided in section two of this
act in order that the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of
New York in furtherance of effectuating the provisions of section 44
of the legislative law and section 70-b of the public officers law.
Notwithstanding the foregoing, the provisions of this act shall
expire and be deemed repealed if on or before October 10, 2011, the
memorandum of understanding has not been completed and signed as
provided in section two of this act.

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

                                 5706--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 10, 2011
                               ___________

Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to authorize the city of New York to discontinue certain land as
  parkland and alienate such land for  purposes  of  such  consolidation
  project, in accordance with and subject to a memorandum of understand-
  ing;  and to amend chapter 345 of the laws of 1968, relating to estab-
  lishing a United Nations development district, in relation to an addi-
  tional reuse project  and  a  consolidation  project  for  the  United
  Nations;  and providing for the repeal of such provisions upon expira-
  tion thereof

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

  Section  1.  Notwithstanding any provision of law to the contrary, the
city of New York is hereby authorized to discontinue the use as parkland
of the land described as follows, and to use such land or sell, lease or
otherwise transfer such land and interests therein to the United Nations
development corporation for such purposes as  are  consistent  with  the
provisions of chapter 345 of the laws of 1968, as amended:
  An  area in the borough of Manhattan, city of New York, bounded on the
west by the east side of United Nations Plaza  (First  Avenue);  on  the
south by the north side of Forty-first Street; on the north by the south
side  of  Forty-second  Street; and on the east by a line that begins on
the north side of Forty-first Street, is located one  hundred  forty-six
feet  seven  eighths inches east of and parallel to United Nations Plaza
(First Avenue) and runs north for a distance of one hundred ninety-seven
feet six inches, ending at the south side of Forty-second  Street,  such
area  being  sixty-six hundredths and twenty-three ten thousandths of an
acre (.6623 acres).

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13074-06-1

S. 5706--A                          2

  S 2. The authorization contained in section one of this act shall take
effect only (a) upon the condition that a memorandum of understanding is
completed and signed by the mayor of the city of New York, the temporary
president of the senate, and the speaker of the assembly, after  consul-
tation with the members of the senate, the assembly and the city council
of  the  city  of  New  York representing the area in which the parkland
described in section one of this act is  located,  which  memorandum  of
understanding  shall,  among  other matters: (i) identify the extent of,
the sources for and the procedures applicable to  funding  for  parkland
and  other recreational space in the borough of Manhattan to replace the
parkland described in section one of this act; (ii) provide for the city
of New York to designate and map parkland in the  borough  of  Manhattan
that  will,  in  conjunction  with parkland that the city of New York so
designates and maps pursuant to section three of this act, have  a  fair
market  value  in the aggregate of no less than the fair market value of
the parkland described in section one of this act; (iii) provide for the
city of New York to take possession of the area within  the  borough  of
Manhattan,  city  of New York, known as the ConEd Waterside Pier between
Thirty-eighth and Forty-first Streets, for the prior user of  said  area
to make a payment for the structural rehabilitation of said area and for
the  city of New York to commence said rehabilitation after such payment
is made; and (iv) provide for a portion of amounts available to the city
of New York in the future in the event of an ownership transfer by  sale
or  otherwise  or  a refinancing involving the existing buildings at One
and Two United Nations Plaza (First Avenue) in the borough of Manhattan,
city of New York, to be dedicated toward the costs of a continuous walk-
way and bike path along the East River or the costs of other parkland in
the borough of Manhattan; and (b) upon the further  condition  that  the
city of New York satisfies the obligations as described in such memoran-
dum  of  understanding  as  being  required to be satisfied prior to the
alienation of the parkland described in section one  of  this  act.  The
authorization  contained  in section one of this act shall be negated if
the city of New York fails to satisfy such obligations described in such
memorandum of understanding as being required to be satisfied  prior  to
alienation  of  the  parkland described in section one of this act.  Any
obligations of the city of New York set  forth  in  such  memorandum  of
understanding  and  not described therein as being required to be satis-
fied prior to the alienation of the parkland described in section one of
this act, shall, to the extent stated in such memorandum of  understand-
ing,  survive such alienation and be enforceable against the city of New
York with the same effect as if included in this act.  Persons described
in such memorandum of understanding as having standing to pursue equita-
ble remedies against the city of New York to enforce any obligation that
the city of New York may be required to satisfy  as  described  in  such
memorandum of understanding shall have standing to pursue such equitable
remedies. The preceding two sentences shall not limit any other remedies
that may be available as provided in such memorandum of understanding.
  S  3. Notwithstanding anything to the contrary contained in any gener-
al, special or local law, including the New York city charter and admin-
istrative code of the city of New York, and provided that the memorandum
of understanding is completed and signed as provided in section  two  of
this  act,  and provided further that the city of New York has satisfied
the obligations as described in  such  memorandum  of  understanding  as
being  required  to be satisfied prior to the provisions of this section
three being effective, the city of New York, acting by its mayor  alone,
or  his or her designee, is hereby authorized and empowered to take such

S. 5706--A                          3

administrative and other actions as are necessary or desirable,  all  of
which  shall  be  deemed ministerial, to demap, discontinue and close as
part of public streets of the city of New York, located in  the  borough
of  Manhattan,  the following area of approximately sixty-two hundredths
and sixty-seven ten thousandths of an acre (.6267 acres), located in the
borough of Manhattan, city of New York, for purposes of designating  and
mapping  such  area  as  parkland, such administrative and other actions
being also authorized for such  designation  and  mapping  as  parkland:
Beginning  at  the  northwest corner of the intersection of East Twenty-
third Street and Asser Levy Place, as those streets were heretofore laid
out on the map of the city of New  York,  thence  running  approximately
sixty  feet  in  an easterly direction along the southerly line of Asser
Levy Place to a point, thence running approximately four hundred  fifty-
five  feet  in  a  northerly direction, said course forming a deflection
angle to the left with the previous course of ninety degrees, no minutes
and no seconds, thence running approximately sixty feet  in  a  westerly
direction,  said  course forming a deflection angle to the left with the
previous course of ninety degrees, no minutes  and  no  seconds,  thence
running approximately four hundred fifty-five feet in a southerly direc-
tion,  said  course  forming  a  deflection  angle to the left of ninety
degrees, no minutes and no seconds to the place or point of beginning.
  S 4. Section 1 of chapter 345 of the laws of 1968, relating to  estab-
lishing a United Nations development district, is amended by adding five
new subdivisions 10-a, 13, 13-b, 14 and 15 to read as follows:
  10-A.  "FURTHER  DEVELOPMENT  PLAN AT 42ND STREET." A DEVELOPMENT PLAN
FOR  THE  UNITED  NATIONS  42ND  STREET  CONSOLIDATION  AREA,  INCLUDING
IMPROVEMENTS  WITHIN  SAID  AREA AND ANY IMPROVEMENTS INCIDENTAL THERETO
OUTSIDE SAID AREA.
  13. "REUSE PROJECT." THE INITIAL  REUSE  PROJECT  AND  THE  ADDITIONAL
REUSE  PROJECT  DESCRIBED  IN  SUBDIVISIONS  THIRTEEN-A  AND THIRTEEN-B,
RESPECTIVELY, OF SECTION ONE OF THIS CHAPTER.
  13-B.  "ADDITIONAL REUSE PROJECT." THE ACQUISITION OF  LAND,  EASEMENT
AND  OTHER  RIGHTS  WITHIN  OR APPURTENANT TO THE AREA IN THE BOROUGH OF
MANHATTAN, CITY OF NEW YORK, DESCRIBED  IN  THIS  SUBDIVISION,  AND  THE
MAINTENANCE,  REPAIR, OPERATION, ALTERATION AND RENOVATION, FROM TIME TO
TIME, OF IMPROVEMENTS LOCATED ON SUCH LAND, EXCLUSIVELY FOR USE  BY  THE
UNITED  NATIONS, INCLUDING ITS ORGANS, SUBSIDIARY BODIES AND SPECIALIZED
AND OTHER AGENCIES AND MEMBERS OF THE  PUBLIC  VISITING  UNITED  NATIONS
HEADQUARTERS  IN  THE  CITY  OF  NEW YORK. THE AREA REFERRED TO ABOVE IS
BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST  CORNER  OF
FORTY-FIFTH  STREET  AND  UNITED  NATIONS  PLAZA (FIRST AVENUE), RUNNING
THENCE WESTERLY ALONG FORTY-FIFTH STREET A DISTANCE OF ONE HUNDRED FEET,
RUNNING THENCE  NORTHERLY,  PARALLEL  TO  UNITED  NATIONS  PLAZA  (FIRST
AVENUE), A DISTANCE OF EIGHTY FEET FIVE INCHES, RUNNING THENCE EASTERLY,
PARALLEL  TO  FORTY-FIFTH  STREET,  A  DISTANCE  OF TWENTY FEET, RUNNING
THENCE SOUTHERLY, PARALLEL TO UNITED NATIONS  PLAZA  (FIRST  AVENUE),  A
DISTANCE OF FORTY FEET, RUNNING THENCE EASTERLY, PARALLEL TO FORTY-FIFTH
STREET,  A  DISTANCE  OF EIGHTY FEET, AND RUNNING THENCE SOUTHERLY ALONG
UNITED NATIONS PLAZA (FIRST AVENUE) A DISTANCE OF FORTY FEET FIVE INCHES
TO THE PLACE OR POINT OF BEGINNING.  PROVIDED  THAT  THE  MEMORANDUM  OF
UNDERSTANDING  IS COMPLETED AND SIGNED AS PROVIDED IN SECTION TWO OF THE
CHAPTER OF THE LAWS OF 2011 THAT ADDED  THIS  SUBDIVISION  AND  PROVIDED
FURTHER  THAT  THE CITY OF NEW YORK SHALL HAVE SATISFIED THE OBLIGATIONS
AS DESCRIBED IN SUCH MEMORANDUM OF UNDERSTANDING AS BEING REQUIRED TO BE
SATISFIED PRIOR TO THE  CORPORATION  UNDERTAKING  THE  ADDITIONAL  REUSE
PROJECT, THE ADDITIONAL REUSE PROJECT AND THE SITE THEREOF SHALL FOR ALL

S. 5706--A                          4

PURPOSES  BE DEEMED TO BE LOCATED WITHIN THE DISTRICT AND BE DEEMED ALSO
TO BE A PROJECT AS DEFINED IN THIS CHAPTER AND SHALL, EXCEPT FOR ANY NEW
CONSTRUCTION OR ANY INCREASE IN THE HEIGHT OR FLOOR AREA OF  ANY  PREVI-
OUSLY CONSTRUCTED BUILDING, BE DEEMED FOR ALL PURPOSES TO BE PART OF AND
TO  CONFORM  TO  A DEVELOPMENT PLAN FOR A PORTION OF THE DISTRICT, WHICH
HAS BEEN FORMULATED, REVIEWED AND APPROVED IN  ACCORDANCE  WITH  SECTION
SEVEN OF THIS CHAPTER.
  14.  "UNITED  NATIONS 42ND STREET CONSOLIDATION PROJECT." THE ACQUISI-
TION BY LEASE OR OTHERWISE FROM THE CITY OF NEW YORK AND OTHER  PARTIES,
IF  ANY,  OF  LAND,  EASEMENT AND OTHER RIGHTS WITHIN THE UNITED NATIONS
42ND  STREET  CONSOLIDATION  AREA,  AND  ASSOCIATED  PROPERTY  INTERESTS
RELATED  THERETO,  AND  FROM  TIME TO TIME THEREAFTER, THE CONSTRUCTION,
ALTERATION, RENOVATION AND REBUILDING, AND THE OWNERSHIP  OR  OPERATION,
INCLUDING  REPAIR  AND  MAINTENANCE, OF OFFICE SPACE AND RELATED FACILI-
TIES, A TUNNEL (TO PROVIDE SECURE PASSAGE FROM  AND  TO  UNITED  NATIONS
PERMANENT HEADQUARTERS), AND SPACE AND FACILITIES RELATED TO THE FOREGO-
ING,  EXCLUSIVELY  FOR  USE BY THE UNITED NATIONS, INCLUDING ITS ORGANS,
SUBSIDIARY BODIES AND SPECIALIZED AND OTHER AGENCIES;  THE  CONSTRUCTION
WITHIN, AND IMPROVEMENT, ALTERATION, USE AND OPERATION OF, BELOW BUT NOT
ABOVE-GRADE  VOLUMES OF SPACE, AFTER THE SAME ARE DEMAPPED, DISCONTINUED
AND CLOSED AS PART OF PUBLIC STREETS OF THE CITY OF NEW YORK, LOCATED IN
THE BOROUGH OF MANHATTAN EAST OF UNITED  NATIONS  PLAZA  (FIRST  AVENUE)
BELOW  FORTY-SECOND  STREET  OR  BELOW  THE  ROADWAY  OF THE FRANKLIN D.
ROOSEVELT (EAST RIVER) DRIVE, FOR PURPOSES OF SUCH TUNNEL; THE CREATION,
IMPROVEMENT, ALTERATION AND RENOVATION OF SPACE, FACILITIES AND IMPROVE-
MENTS WITHIN OR OUTSIDE THE UNITED  NATIONS  42ND  STREET  CONSOLIDATION
AREA  TO  THE EXTENT INCIDENTAL TO SUCH OFFICE SPACE AND TUNNEL; AND THE
CORPORATION'S COOPERATION WITH AND ASSISTANCE TO THE CITY  OF  NEW  YORK
CONCERNING  PLANNING  FOR,  AND  THE  CORPORATION'S PAYMENT OF COSTS OF,
PARKLAND REPLACEMENT TO COMPENSATE FOR DISCONTINUING THE USE AS PARKLAND
OF A PORTION OF ROBERT MOSES PLAYGROUND IN THE BOROUGH OF MANHATTAN  FOR
PURPOSES  OF  THE  UNITED  NATIONS  42ND  STREET  CONSOLIDATION PROJECT.
PROVIDED THAT THE MEMORANDUM OF UNDERSTANDING IS COMPLETED AND SIGNED AS
PROVIDED IN SECTION TWO OF THE CHAPTER OF THE LAWS OF  2011  THAT  ADDED
THIS SUBDIVISION, THE LAND, BUILDINGS AND OTHER IMPROVEMENTS INCLUDED IN
OR  OTHERWISE  PART  OF  THE  UNITED  NATIONS  42ND STREET CONSOLIDATION
PROJECT SHALL FOR ALL PURPOSES  BE  DEEMED  TO  BE  LOCATED  WITHIN  THE
DISTRICT  AND  BE DEEMED ALSO TO BE PART OF A PROJECT AS DEFINED IN THIS
CHAPTER.
  15. "CITY COUNCIL." THE CITY COUNCIL OF THE CITY OF NEW YORK.
  S 4-a. Subdivisions 10 and 13-a of section 1 of  chapter  345  of  the
laws  of  1968,  relating  to  establishing a United Nations development
district, subdivision 13-a as added by chapter 34 of the laws  of  1993,
are amended to read as follows:
  10.  "Development plan." A plan or plans, INCLUDING A FURTHER DEVELOP-
MENT PLAN AT 42ND STREET, AND INCLUDING ANY  SUPPLEMENTS,  ADDITIONS  OR
AMENDMENTS  TO SUCH PLAN OR PLANS, for the development of all or part of
the district which shall include but shall not be limited to:  A  state-
ment  of  proposed  land uses; proposed land acquisition, demolition and
removal of structures; proposed acquisition of air  rights  and  concom-
itant easements or other rights of user necessary for the use and devel-
opment  of  such  air  rights;  proposed public, semi-public, private or
community facilities or utilities, WITH A SITE PLAN AND DRAWINGS  THERE-
FOR; a statement as to the relationship between the development plan and
a comprehensive plan for the development of the municipality as a whole;
a  statement  as  to proposed new codes and ordinances and amendments to

S. 5706--A                          5

existing codes and ordinances as are required or necessary to effectuate
the plan or plans; a proposed time schedule for the effectuation of such
plan or plans, and such additional statements or  documentation  as  the
corporation may deem appropriate.
  13-a. [Reuse] "INITIAL REUSE project." The acquisition and alteration,
renovation or rebuilding, from time to time, without any increase in the
height   of   any   previously  constructed  building  and  without  any
construction on any vacant land, of  real  property  consisting  of  any
previously  constructed commercial building or buildings, or any portion
thereof, and the land and associated property interests related thereto,
primarily for use by the United Nations, including its  organs,  subsid-
iary  bodies and specialized and other agencies, provided that: any such
acquisition shall occur before  December  31,  1998;  such  building  or
buildings  shall be located at 633 Third Avenue, 685 Third Avenue or 845
United Nations Plaza in the borough of Manhattan, city of New York;  not
more  than  eight  hundred  thousand  square feet of floor area shall be
acquired if such floor area is located in more than one of  such  build-
ings;  and  the  corporation  shall  not transfer any unused development
rights from any of such buildings or add to any of  such  buildings  any
unused  development  rights  from any other property.  The reuse project
shall for all purposes be deemed to be located within the  district  and
be  deemed  also  to  be a project and to be part of and to conform to a
development plan for a portion of the district, which  has  been  formu-
lated,  reviewed  and  approved in accordance with section seven of this
chapter.
  S 5. Chapter 345 of the laws  of  1968,  relating  to  establishing  a
United  Nations development district, is amended by adding a new section
3-a to read as follows:
  S 3-A.   ESTABLISHMENT OF UNITED  NATIONS  42ND  STREET  CONSOLIDATION
AREA.    THE FOLLOWING AREA LYING SOUTH OF THE PERMANENT HEADQUARTERS OF
THE UNITED NATIONS, IN THE BOROUGH OF MANHATTAN, CITY OF NEW  YORK,  AND
BOUNDED  AND  DESCRIBED  AS FOLLOWS, IS HEREBY DESIGNATED AS THE "UNITED
NATIONS 42ND STREET CONSOLIDATION  AREA":  BEGINNING  AT  THE  NORTHEAST
CORNER  OF  UNITED  NATIONS PLAZA (FIRST AVENUE) AND FORTY-FIRST STREET,
RUNNING EASTERLY ALONG  THE  NORTHERLY  SIDE  OF  FORTY-FIRST  STREET  A
DISTANCE OF THREE HUNDRED FIVE FEET SEVEN EIGHTHS INCHES, RUNNING THENCE
NORTHERLY,  PARALLEL  TO UNITED NATIONS PLAZA (FIRST AVENUE), A DISTANCE
OF ONE HUNDRED SIXTY-EIGHT FEET, RUNNING THENCE  WESTERLY,  PARALLEL  TO
FORTY-FIRST  STREET,  A DISTANCE OF ONE HUNDRED FIFTY-NINE FEET, RUNNING
THENCE NORTHERLY, PARALLEL TO UNITED NATIONS  PLAZA  (FIRST  AVENUE),  A
DISTANCE  OF TWENTY-NINE FEET SIX INCHES, RUNNING THENCE WESTERLY, ALONG
THE SOUTHERLY SIDE OF FORTY-SECOND STREET, A  DISTANCE  OF  ONE  HUNDRED
FORTY-SIX FEET SEVEN EIGHTHS INCHES, AND RUNNING THENCE SOUTHERLY, ALONG
THE  EASTERLY SIDE OF UNITED NATIONS PLAZA (FIRST AVENUE), A DISTANCE OF
ONE HUNDRED NINETY-SEVEN FEET SIX INCHES,  TO  THE  POINT  OR  PLACE  OF
BEGINNING.  PROVIDED  THAT  THE MEMORANDUM OF UNDERSTANDING IS COMPLETED
AND SIGNED AS PROVIDED IN SECTION TWO OF THE CHAPTER OF THE LAWS OF 2011
THAT ADDED THIS SECTION, THE LAND INCLUDED IN THE  UNITED  NATIONS  42ND
STREET CONSOLIDATION AREA SHALL FOR ALL PURPOSES BE DEEMED TO BE LOCATED
WITHIN THE DISTRICT.
  S  6. Section 6 of chapter 345 of the laws of 1968, relating to estab-
lishing a United Nations development district, subdivision 3 as  amended
by chapter 623 of the laws of 1971, is amended to read as follows:
  S  6.  Powers and duties of corporation.  The powers and duties of the
corporation shall be:

S. 5706--A                          6

  (1) to undertake surveys of the  present  and  anticipated  need:  for
[locations  for missions,] office space, meeting facilities, [and] hous-
ing and recreational facilities  [for]  AND  OTHER  FACILITIES  FOR  THE
UNITED NATIONS, DELEGATIONS AND delegates TO THE UNITED NATIONS, person-
nel  of  delegations  TO  THE  UNITED NATIONS, and members of the United
Nations staff; for office space, auditorium and meeting  facilities  for
related  nongovernmental  organizations;  for  hotel  accommodations for
visiting heads of state and other dignitaries; for bus terminals, dining
facilities, and other facilities for visiting persons and groups[,]; for
parking[,]; and for housing, commercial, industrial and other facilities
necessary or appropriate to carry out the purposes of this chapter,
  (2) subject to the approval of the [board of estimate and the] commis-
sion AND THE CITY COUNCIL as hereinafter provided, to formulate a devel-
opment plan or plans [including supplements,  additions  and  amendments
thereto,]  in  accordance  with  the  foregoing  present and anticipated
needs, with provision  for  relocation  of  individuals  and  commercial
establishments outside or within the district,
  (3) [to undertake or cause its subsidiary corporation or corporations]
to  undertake,  or  otherwise to have undertaken on behalf of the corpo-
ration, the execution of a development plan or of a portion thereof, and
the financing, acquisition, construction,  rehabilitation,  improvement,
operation  and  management  of any project or portion thereof, including
attendant relocation facilities, provided however,  that  all  contracts
let  by  the corporation [or by a subsidiary (rather than a sponsor or a
person, firm or corporation acting as sponsor in lieu of the corporation
or its subsidiaries)] for the erection, construction, or  alteration  of
buildings  shall be let in conformity with the provisions of section one
hundred  thirty-five  of  the  state  finance  law,  EXCEPT  THAT   SUCH
PROVISIONS SHALL NOT BE APPLIED TO RESTRICT THE CORPORATION'S PRE-QUALI-
FICATION  OF  BIDDERS  FOR  PURPOSES  OF  THE UNITED NATIONS 42ND STREET
CONSOLIDATION PROJECT, AND PROVIDED FURTHER THAT EXECUTION OF A  FURTHER
DEVELOPMENT  PLAN  AT  42ND  STREET MAY NOT PROCEED UNLESS AND UNTIL THE
APPROVAL THEREOF BY THE COMMISSION AND THE CITY COUNCIL  AS  HEREINAFTER
PROVIDED  AND  UNLESS AND UNTIL THE MEMORANDUM OF UNDERSTANDING REFERRED
TO IN SECTION TWO OF THE CHAPTER OF  THE  LAWS  OF  2011  AMENDING  THIS
SECTION HAS BEEN COMPLETED AND SIGNED AS PROVIDED IN THAT SECTION.
  [(4)  when, in the opinion of the board of directors, it would be more
appropriate or convenient to have the execution of a particular develop-
ment plan or portion thereof undertaken by a sponsor rather than by  the
corporation  or  one  or  more of its subsidiaries, to select a proposed
sponsor or sponsors financially responsible and otherwise  qualified  by
experience  and  training  to undertake the execution of the development
plan and to relocate residents and businesses to be displaced thereby,
  (5) to advise and generally supervise  such  sponsor  or  sponsors  or
successors thereto in connection with such relocation and development,
  (6)  with  the  approval  of  the board of estimate, (a) to enter into
agreements with a qualified sponsor or sponsors for  the  implementation
and  execution  of all or a portion of a development plan, or, (b) where
such implementation and execution is to be undertaken by the corporation
or one or more of its subsidiaries, to enter  into  agreements  for  the
implementation and execution of such development plan or portion thereof
with  persons,  firms  or corporations acting as sponsors in lieu of the
corporation or its subsidiaries, and (c) to enter into agreements amend-
ing, modifying or superseding such agreements, and
  (7)] (4) to furnish advice,  technical  assistance  and  liaison  with
federal,  state and city authorities and with users and occupants of the

S. 5706--A                          7

facilities to be created within the  district  with  respect  to  educa-
tional,  social  and cultural activities within the district, and other-
wise to foster and encourage greater public knowledge  of,  and  partic-
ipation  in,  the  activities  of  the  United  Nations  and  affiliated
organizations, AND
  (5) TO PROVIDE ADVICE AND SERVICES WITH RESPECT TO REAL  ESTATE  NEEDS
AND  DEVELOPMENT  AS  REQUESTED  BY  THE  STATE OR CITY OF NEW YORK, THE
UNITED STATES OR THE UNITED NATIONS.
  S 7. Subdivision a of section 7 of chapter 345 of the  laws  of  1968,
relating  to  establishing  a  United  Nations  development district, is
amended to read as follows:
  a. The corporation shall prepare or cause to be prepared a development
plan for the district, or, if the  corporation  deems  it  necessary  or
advisable  that  the development of the district OR A PORTION THEREOF be
carried out in stages, development plans for parts or  portions  of  the
district.  Any  development  plan shall include a requirement that relo-
cation  benefits  be  provided  to  individuals  and  businesses  to  be
displaced  in  the  course  of redevelopment which are at least equal to
those for which such individuals and businesses would be eligible  under
federal law at the time of their relocation if the development plan were
an urban renewal plan.
  S  7-a.  Section  7  of  chapter  345 of the laws of 1968, relating to
establishing a United Nations development district, is amended by adding
two new subdivisions e and f to read as follows:
  E.  THE PROVISIONS OF SUBDIVISIONS B, C AND D OF  THIS  SECTION  SHALL
NOT APPLY TO ANY FURTHER DEVELOPMENT PLAN AT 42ND STREET OR ANY DEVELOP-
MENT  PLAN  FOR  ANY  NEW  CONSTRUCTION OR ANY INCREASE IN THE HEIGHT OR
FLOOR AREA OF  THE  PREVIOUSLY  CONSTRUCTED  BUILDING  LOCATED  ON  LAND
ACQUIRED AS PART OF THE ADDITIONAL REUSE PROJECT OR ANY AMENDMENT OF ANY
SUCH  DEVELOPMENT  PLAN. ANY SUCH DEVELOPMENT PLAN OR AMENDMENT SHALL BE
SUBJECT TO REVIEW PURSUANT TO SECTION  ONE  HUNDRED  NINETY-SEVEN-C  AND
SECTION  ONE  HUNDRED  NINETY-SEVEN-D  OF THE CHARTER OF THE CITY OF NEW
YORK IN THE SAME MANNER AS IF SUCH DEVELOPMENT PLAN  OR  AMENDMENT  WERE
DESCRIBED IN PARAGRAPH ONE OF SUBDIVISION B OF SECTION ONE HUNDRED NINE-
TY-SEVEN-D  OF THE CHARTER OF THE CITY OF NEW YORK. APPROVAL OF ANY SUCH
DEVELOPMENT PLAN OR AMENDMENT SHALL INCLUDE,  WITHOUT  LIMITATION,  LAND
USE  REVIEW AUTHORIZATION FOR ANY DISPOSITION BY THE CITY OF NEW YORK OF
THE LAND DESCRIBED IN THE SECOND SENTENCE OF SUBDIVISION  1  OF  SECTION
16-A  OF  THIS  CHAPTER  AND  ANY  AND ALL LAND OR OTHER RIGHTS, AND ANY
DEMAPPING, DISCONTINUING AND CLOSING BY THE CITY OF NEW YORK OF ANY  AND
ALL VOLUMES OF SPACE UNDER ANY PUBLIC STREETS, FOR PURPOSES OF A FURTHER
DEVELOPMENT PLAN AT 42ND STREET.
  F.  NO PORTION OF A FURTHER DEVELOPMENT PLAN AT 42ND STREET IS PERMIT-
TED TO BE EFFECTUATED IN ANY RESPECT, INCLUDING WITHOUT LIMITATION,  ANY
ACQUISITION  BY  THE  CORPORATION  OF ANY INTEREST IN THE UNITED NATIONS
42ND STREET CONSOLIDATION AREA, ANY COMMENCEMENT OF CONSTRUCTION BY  THE
CORPORATION WITHIN THE UNITED NATIONS 42ND STREET CONSOLIDATION AREA AND
ANY OTHER PHYSICAL ACTIVITY BY THE CORPORATION ON, OR OTHER INTERFERENCE
BY  THE  CORPORATION  WITH  USE OF OR ACCESS TO, THE UNITED NATIONS 42ND
STREET CONSOLIDATION AREA, UNLESS AND UNTIL A FURTHER  DEVELOPMENT  PLAN
AT  42ND  STREET  HAS BEEN REVIEWED AS PROVIDED IN SUBDIVISION E OF THIS
SECTION AND A MEMORANDUM OF UNDERSTANDING IS  COMPLETED  AND  SIGNED  AS
PROVIDED  FOR  IN  SECTION  TWO  OF THE CHAPTER OF THE LAWS OF 2011 THAT
ADDED THIS SUBDIVISION.

S. 5706--A                          8

  S 8. Section 9 of chapter 345 of the laws of 1968, relating to  estab-
lishing  a  United  Nations development district, is amended by adding a
new subdivision d to read as follows:
  D.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN ANY GENERAL,
SPECIAL  OR  LOCAL LAW, INCLUDING THE CHARTER AND ADMINISTRATIVE CODE OF
THE CITY OF NEW YORK, THE CITY OF NEW YORK, ACTING BY ITS  MAYOR  ALONE,
OR  HIS  OR HER DESIGNEE, SHALL BE AUTHORIZED, FOR THE EFFECTUATION OF A
FURTHER DEVELOPMENT PLAN  AT  42ND  STREET  WHEN  APPROVED  PURSUANT  TO
SECTION  ONE  HUNDRED NINETY-SEVEN-C AND SECTION ONE HUNDRED NINETY-SEV-
EN-D OF THE CHARTER OF THE CITY OF NEW YORK IN THE  SAME  MANNER  AS  IF
SUCH  DEVELOPMENT  PLAN  OR AMENDMENT WERE DESCRIBED IN PARAGRAPH ONE OF
SUBDIVISION B OF SECTION ONE HUNDRED NINETY-SEVEN-D OF  THE  CHARTER  OF
THE  CITY  OF  NEW  YORK, AND WHEN OTHERWISE PERMITTED TO BE EXECUTED AS
PROVIDED IN THIS CHAPTER, TO TAKE  SUCH  ACTIONS  AS  ARE  NECESSARY  OR
DESIRABLE,  TO  DEMAP,  DISCONTINUE  AND CLOSE BELOW BUT NOT ABOVE-GRADE
VOLUMES OF SPACE PART OF THE PUBLIC STREETS OF THE  CITY  OF  NEW  YORK,
LOCATED  IN THE BOROUGH OF MANHATTAN EAST OF UNITED NATIONS PLAZA (FIRST
AVENUE), BELOW FORTY-SECOND STREET, OR BELOW THE ROADWAY AT THE FRANKLIN
D. ROOSEVELT (EAST RIVER) DRIVE, FOR PURPOSES OF A TUNNEL AS PART OF THE
UNITED NATIONS 42ND STREET CONSOLIDATION PROJECT, AND TO SELL, LEASE FOR
A TERM NOT EXCEEDING NINETY-NINE YEARS, OR OTHERWISE DISPOSE OF  TO  THE
CORPORATION  ANY  LAND AND OTHER INTERESTS IN REAL PROPERTY OWNED BY THE
CITY OF NEW YORK, REGARDLESS OF HOW ACQUIRED, AND INCLUDED IN THE UNITED
NATIONS 42ND STREET CONSOLIDATION PROJECT, INCLUDING  ANY  DISCONTINUED,
DEMAPPED  AND CLOSED PART OF THE PUBLIC STREETS OF THE CITY OF NEW YORK,
WITHOUT ANY PAYMENT OF MONEY THEREFOR  AND  WITHOUT  FURTHER  REVIEW  OR
APPROVALS,  OTHER  THAN SAID APPROVAL OF THE FURTHER DEVELOPMENT PLAN AT
42ND STREET, AND THE COMPLETION  AND  SIGNATURE  OF  THE  MEMORANDUM  OF
UNDERSTANDING  AS  PROVIDED IN SECTION TWO OF THE CHAPTER OF THE LAWS OF
2011 THAT ADDED THIS SUBDIVISION, AND WITHOUT PUBLIC AUCTION  OR  SEALED
OR COMPETITIVE BIDS.
  S 9. Section 13 of chapter 345 of the laws of 1968, relating to estab-
lishing  a  United  Nations  development district, is amended to read as
follows:
  S 13. Exemption from taxation.   It is hereby  found,  determined  and
declared  that  the  creation of the corporation and the carrying out of
its purposes is in all respects for the benefit of  the  people  of  the
city  and state of New York and is a public purpose, and that the corpo-
ration will be performing an  essential  governmental  function  in  the
exercise of the powers conferred upon it by this chapter. The income and
operations of the corporation shall be exempt from taxation. Obligations
issued  by  the  corporation  or  a subsidiary pursuant to this chapter,
together with income therefrom, shall be free from taxation, except  for
transfer and estate taxes.  [Any] THE LAND, BUILDINGS AND OTHER IMPROVE-
MENTS  FROM  TIME  TO  TIME  INCLUDED AS PART OF THE UNITED NATIONS 42ND
STREET CONSOLIDATION PROJECT SHALL, UNLESS OWNED BY THE UNITED  NATIONS,
BE  SUBJECT TO REAL PROPERTY TAXATION IN THE SAME MANNER AND TO THE SAME
EXTENT AS REAL PROPERTY IN THE CITY OF NEW YORK USED FOR OFFICE PURPOSES
GENERALLY, EXCEPT THAT SUCH LAND, BUILDINGS AND OTHER IMPROVEMENTS SHALL
BE EXEMPT FROM SUCH TAXATION IF THE SAME ARE OWNED BY THE  CITY  OF  NEW
YORK  AND  LEASED TO THE CORPORATION FOR NOT MORE THAN NINETY-NINE YEARS
AND OTHERWISE ON TERMS SATISFACTORY TO THE CITY OF NEW YORK,  ACTING  BY
ITS  MAYOR ALONE, PROVIDED THAT THE CORPORATION ENTERS INTO AN AGREEMENT
REQUIRING THAT IT PAY TO THE CITY OF NEW YORK OR  ITS  DESIGNEE  AMOUNTS
FROM  TIME  TO  TIME  IN LIEU OF SUCH REAL PROPERTY TAXATION, AND IN THE
CASE OF ANY SUCH AGREEMENT, THE CITY OF NEW YORK OR ITS  DESIGNEE  SHALL

S. 5706--A                          9

BE AUTHORIZED, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN ANY
GENERAL,  SPECIAL OR LOCAL LAW, INCLUDING THE CHARTER AND ADMINISTRATIVE
CODE OF THE CITY OF NEW YORK, TO PLEDGE, ASSIGN OR  OTHERWISE  TRANSFER,
ON  TERMS  SATISFACTORY  TO  THE  CITY  OF NEW YORK, ACTING BY ITS MAYOR
ALONE, THE AMOUNTS PAYABLE UNDER SUCH AGREEMENT AND THE RIGHT TO RECEIVE
SUCH AMOUNTS, FOR THE PURPOSE OF PROVIDING A SOURCE OF PAYMENT  OF,  AND
AS SECURITY FOR, THE FINANCING OF THE UNITED NATIONS 42ND STREET CONSOL-
IDATION PROJECT. EXCEPT AS OTHERWISE PROVIDED ABOVE IN THIS SECTION, ANY
facilities  within  the  district  owned  by  the  corporation[, or by a
subsidiary or a sponsor,] which are found and determined by  the  [board
of  estimate]  CITY COUNCIL to be public facilities shall be exempt from
taxation or assessment by and from the payment of any fees to  the  city
of  New  York, and, if such finding and determination is approved by the
state tax commission, from  taxation  or  assessment  by  and  from  the
payment  of  any  fees to the state or any subdivision thereof or to any
officer or employee of the state or any subdivision thereof. The  [board
of  estimate]  CITY  COUNCIL,  upon  application  by the corporation[, a
subsidiary, or a sponsor,] may find and determine that all  or  part  of
the  real  property  owned  by  the corporation[, the subsidiary, or the
sponsor] within the district is devoted exclusively  to  public  facili-
ties.  Such  tax  exemption  shall  continue so long as such facility is
devoted exclusively to public use. Except as hereinabove  provided,  and
except  as  may otherwise specifically be provided, nothing contained in
this chapter shall confer exemption from any tax, assessment or fee upon
any person, firm, corporation or other entity, or upon  the  obligations
of any of them.
  S  10.  Section  16-a  of chapter 345 of the laws of 1968, relating to
establishing a United Nations development district, as added by  chapter
623 of the laws of 1971, is amended to read as follows:
  S  16-a.  Development limitation.  1. The corporation, notwithstanding
any other provision of law and unless further authorized by act  of  the
legislature,  shall not in the execution of the development plan hereto-
fore  approved  under  section  seven  of  this  chapter  undertake  the
execution of any portion of such development plan on real property with-
in  the district lying westerly of a line parallel to, and three hundred
twenty-five feet westerly from  the  westerly  side  of  United  Nations
Plaza.   THE CORPORATION, NOTWITHSTANDING ANY OTHER PROVISION OF LAW AND
UNLESS FURTHER AUTHORIZED BY ACT OF THE LEGISLATURE, SHALL  NOT  IN  THE
EXECUTION  OF  A  FURTHER  DEVELOPMENT  PLAN  AT  42ND STREET DEVELOP OR
CONSTRUCT ANY BUILDING OR OTHER STRUCTURE ABOVE GRADE ON ANY PORTION  OF
THE UNITED NATIONS 42ND STREET CONSOLIDATION AREA OTHER THAN THE FOLLOW-
ING  PORTION OF SUCH AREA: THE AREA BOUNDED ON THE WEST BY THE EAST SIDE
OF UNITED NATIONS PLAZA (FIRST AVENUE), ON THE SOUTH BY THE  NORTH  SIDE
OF  FORTY-FIRST  STREET;  ON THE NORTH BY THE SOUTH SIDE OF FORTY-SECOND
STREET; AND ON THE EAST BY A LINE THAT  BEGINS  ON  THE  NORTH  SIDE  OF
FORTY-FIRST  STREET, IS LOCATED ONE HUNDRED FORTY-SIX FEET SEVEN EIGHTHS
INCHES EAST OF AND PARALLEL TO UNITED NATIONS PLAZA (FIRST  AVENUE)  AND
RUNS  NORTH  FOR A DISTANCE OF ONE HUNDRED NINETY-SEVEN FEET SIX INCHES,
ENDING AT THE SOUTH SIDE OF FORTY-SECOND STREET.
  2. All properties in the district, lying easterly of a  line  parallel
to and three hundred twenty-five feet westerly from the westerly side of
United  Nations  Plaza, even though separated by a street, NOT INCLUDING
THE UNITED NATIONS 42ND STREET CONSOLIDATION AREA, AND NOT INCLUDING ANY
PROPERTY THAT IS PART OF ANY REUSE PROJECT, shall  be  deemed,  notwith-
standing  any  other  provision  of  law,  to  be one zoning lot for all
purposes, and the maximum floor area ratio of such properties, DEEMED TO

S. 5706--A                         10

BE PART OF ONE ZONING LOT  AND  taken  as  a  whole,  shall  not  exceed
fifteen.
  3.  The  corporation  may  undertake  or  cause  to  be undertaken the
execution of any portion of the  development  plan  heretofore  approved
under  section  seven of this chapter without requiring any amendment to
or modification of such development plan and  without  further  approval
under section seven of this chapter.
  4.   NO PORTION OF ANY STRUCTURE PERMITTED TO BE DEVELOPED PURSUANT TO
A FURTHER DEVELOPMENT PLAN AT 42ND STREET, IF AND WHEN  EFFECTUATION  OF
SUCH  FURTHER  DEVELOPMENT  PLAN  AT 42ND STREET IS PERMITTED UNDER THIS
CHAPTER, MAY BE BUILT TO A HEIGHT GREATER THAN THE HEIGHT OF THE  UNITED
NATIONS  SECRETARIAT  BUILDING. SUBJECT TO COMPLIANCE WITH THE FOREGOING
LIMITATION IN THIS SUBDIVISION, NINE HUNDRED  THOUSAND  SQUARE  FEET  OF
FLOOR  AREA  AS  DEFINED  IN  ANY  APPLICABLE ZONING RESOLUTION SHALL BE
DEEMED ATTRIBUTABLE UNDER SUCH ZONING RESOLUTION TO THE LAND THAT  IS  A
PORTION  OF  THE  UNITED  NATIONS  42ND STREET CONSOLIDATION AREA AND IS
DESCRIBED IN THE SECOND SENTENCE OF SUBDIVISION ONE OF THIS SECTION, AND
A MAXIMUM OF NINE HUNDRED THOUSAND SQUARE FEET OF SUCH FLOOR AREA  SHALL
BE  PERMITTED  TO BE INCORPORATED IN SUCH STRUCTURE AS PART OF A FURTHER
DEVELOPMENT PLAN AT 42ND STREET.
  S 11.  This act shall take effect immediately, and  if  and  when  the
memorandum  of  understanding  is  completed  and  signed as provided in
section two of this act, the provisions thereof  shall,  to  the  extent
stated  therein,  have  the same effect as if they were included in this
act; provided, that the mayor of the city of New York shall  notify  the
legislative  bill drafting commission upon the completion and signing of
the memorandum of understanding as provided in section two of  this  act
in  order that the commission may maintain an accurate and timely effec-
tive data base of the official text of the laws of the state of New York
in furtherance of effectuating the  provisions  of  section  44  of  the
legislative  law  and  section 70-b of the public officers law. Notwith-
standing the foregoing, the provisions of this act shall expire  and  be
deemed  repealed  if  on  or  before October 10, 2011, the memorandum of
understanding has not been completed and signed as provided  in  section
two of this act.

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