Assembly Bill A7863A

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

                                 7863--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 6, 2013
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee  on Cities -- recommitted to the Committee on Cities in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to establishing and empowering a neighborhood parks  alliance
  within the New York city department of parks and recreation

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

  Section 1. The administrative code of the city of New York is  amended
by adding a new section 18-142 to read as follows:
  S 18-142 NEIGHBORHOOD PARKS ALLIANCE. 1. ESTABLISHMENT. THERE IS HERE-
BY  ESTABLISHED  WITHIN  THE DEPARTMENT A NEIGHBORHOOD PARKS ALLIANCE TO
EFFECTUATE THE PURPOSES OF THIS SECTION IN THE CITY OF NEW YORK.
  2. BOARD. (A) THE ALLIANCE SHALL BE GOVERNED BY A BOARD WHICH SHALL BE
COMPOSED OF EIGHT MEMBERS TO BE APPOINTED AS FOLLOWS:
  (1) ONE MEMBER SHALL BE APPOINTED BY EACH  BOROUGH  PRESIDENT  OF  THE
CITY OF NEW YORK;
  (2)  ONE  MEMBER  SHALL  BE  APPOINTED BY THE MAYOR OF THE CITY OF NEW
YORK;
  (3) ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE  CITY  COUNCIL
OF THE CITY OF NEW YORK;
  (4)  ONE  MEMBER SHALL BE APPOINTED BY THE PUBLIC ADVOCATE OF THE CITY
OF NEW YORK.
  (B) TO THE EXTENT PRACTICABLE, IN MAKING APPOINTMENTS, EACH APPOINTING
AUTHORITY SHALL ENDEAVOR TO HAVE THE MEMBERSHIP OF THE BOARD REFLECT THE
RACIAL, ETHNIC, GENDER, LANGUAGE AND GEOGRAPHIC DIVERSITY OF THE CITY OF
NEW YORK.
  (C) TO THE EXTENT PRACTICABLE, THE  MEMBERSHIP  SHALL  INCLUDE  ACTIVE
MEMBERS  OF  PARK  ADVOCACY  ORGANIZATIONS OR THOSE THAT HAVE EXPERIENCE
WORKING ON URBAN OPEN SPACE DEVELOPMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11351-05-3
              

A. 7863--A                          2

  (D) ANY VACANCY ON  THE  BOARD  SHALL  BE  FILLED  BY  THE  RESPECTIVE
APPOINTING  AUTHORITY IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT WAS
MADE.
  (E)  THE  MEMBERS  OF  THE  BOARD SHALL BE APPOINTED FOR TERMS OF FOUR
YEARS.
  (F) THE MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION  FOR  THEIR
SERVICES.
  3. POWERS AND DUTIES OF THE BOARD. THE BOARD:
  (A)  SHALL  APPOINT  AN EXECUTIVE DIRECTOR WHO SHALL ACT IN ACCORDANCE
WITH THE POLICIES OF THE BOARD;
  (B)  IS  AUTHORIZED,  WITHIN  APPROPRIATIONS  AVAILABLE  THEREFOR,  TO
APPOINT  SUCH  EMPLOYEES  AS  ARE  NECESSARY  TO EXERCISE ITS POWERS AND
FULFILL ITS DUTIES;
  (C) SHALL HAVE THE POWER TO ADOPT, AMEND AND RESCIND RULES  AND  REGU-
LATIONS  TO  GOVERN  PROCEDURES  OF  THE  BOARD  IN ACCORDANCE WITH THIS
SECTION;
  (D) SHALL ESTABLISH AND ADMINISTER THE NEIGHBORHOOD PARKS  FUND  IN  A
BANK OR OTHER FEDERALLY INSURED DEPOSITORY LOCATED WITHIN THE STATE;
  (E)  SHALL ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED AND AUTHORIZED TO
MANAGE, ALLOCATE AND  DISTRIBUTE  THE  FUNDS  PROVIDED  BY  CONTRIBUTING
CONSERVANCY FUNDS TO RECIPIENT PARKS;
  (F)  SHALL  DETERMINE  CRITERIA  FOR  ELIGIBILITY  OF PARKS TO RECEIVE
MONIES FROM THE NEIGHBORHOOD PARKS FUND; AND
  (G) SHALL PUBLICIZE THE AVAILABILITY OF FUNDS  FROM  THE  NEIGHBORHOOD
PARK FUND TO QUALIFYING RECIPIENT PARKS.
  4. CONTRIBUTING CONSERVANCIES. CONTRIBUTING CONSERVANCIES:
  (A)  TO  THE EXTENT PRACTICABLE CONTRIBUTING CONSERVANCIES SHALL SHARE
PARK MANAGEMENT BEST PRACTICES WITH RECIPIENT PARKS.
  (B) SHALL BE REQUIRED TO CONTRIBUTE NO LESS  THAN  TWENTY  PERCENT  OF
THEIR  OPERATING  BUDGETS  TO  THE  NEIGHBORHOOD PARKS FUND ON AN ANNUAL
BASIS.
  (C) SHALL ATTEND AN ANNUAL GENERAL MEETING OF THE  NEIGHBORHOOD  PARKS
ALLIANCE BOARD AND REPRESENTATIVES FROM RECIPIENT PARKS.
  5.  THE NEIGHBORHOOD PARKS FUND. (A) THE NEIGHBORHOOD PARKS FUND SHALL
CONSIST OF ALL REVENUES  RECEIVED  BY  THE  ALLIANCE  FROM  CONTRIBUTING
CONSERVANCIES  AND  ALL  OTHER  MONEYS APPROPRIATED, CREDITED, OR TRANS-
FERRED THERETO FROM ANY OTHER SOURCE PURSUANT TO LAW. NOTHING  CONTAINED
IN  THIS SECTION SHALL PREVENT THE ALLIANCE FROM RECEIVING GRANTS, GIFTS
OR BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS  SUBDIVISION
AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
  (B)  NO  MONIES  FROM THE FUND OR THE ALLIANCE SHALL BE TRANSFERRED TO
THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR SHALL BE  USED  FOR  ANY
PURPOSE OTHER THAN THE PURPOSES SET FORTH IN THIS SECTION.
  (C)  MONIES  IN  THE NEIGHBORHOOD PARK FUND SHALL BE USED FOR THE SOLE
PURPOSES OF FUNDING THE OPERATIONS OF THE  NEIGHBORHOOD  PARKS  ALLIANCE
AND MAINTENANCE AND OPERATIONS OF RECIPIENT PARKS.
  (D)  MONIES FROM THE FUND SHALL BE DISTRIBUTED BY THE BOARD TO RECIPI-
ENT PARKS BASED ON CRITERIA TO BE DETERMINED BY THE BOARD.
  6. DEFINITIONS. FOR PURPOSES OF  THIS  SECTION,  THE  FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "CONTRIBUTING  CONSERVANCY"  SHALL MEAN ANY NOT-FOR-PROFIT ENTITY
WITH AN OPERATING BUDGET OF NO LESS THAN FIVE MILLION DOLLARS THAT OPER-
ATES ANY PARK OR PORTION OF ANY  PARK  UNDER  THE  JURISDICTION  OF  THE
COMMISSIONER  OF  PARKS AND RECREATION IN THE CITY OF NEW YORK, PURSUANT
TO A WRITTEN CONSERVANCY ARRANGEMENT  AND  PROVIDED  THAT  "CONSERVANCY"
SHALL  NOT  INCLUDE  ANY NOT-FOR-PROFIT ENTITY THAT OPERATES IN THREE OR

A. 7863--A                          3

MORE BOROUGHS, THAT ENTERS INTO A WRITTEN AGREEMENT WITH  THE  NEIGHBOR-
HOOD  PARKS  ALLIANCE  THAT  COMMITS  NO LESS THAN TWENTY PERCENT OF ITS
ANNUAL OPERATING BUDGET TO BE ADMINISTERED  BY  THE  NEIGHBORHOOD  PARKS
ALLIANCE.
  (B)  "CONSERVANCY ARRANGEMENT" SHALL MEAN ANY LICENSE OR OTHER WRITTEN
AUTHORIZATION ALLOWING A CONSERVANCY TO OPERATE ANY PARK OR  PORTION  OF
ANY  PARK UNDER THE JURISDICTION OF THE COMMISSIONER OF PARKS AND RECRE-
ATION IN THE CITY OF NEW YORK.
  (C) "OPERATES" SHALL MEAN THE ABILITY TO HIRE A MAJORITY OF FULL  TIME
STAFF FOR SUCH PARK.
  (D) "RECIPIENT PARKS" SHALL MEAN ALL PARKS THAT HAVE A BUDGET PROVIDED
SOLELY  BY THE LOCAL MUNICIPALITY AND HAVE HAD A RANKING OF UNACCEPTABLE
FROM THE DEPARTMENT IN THE PRECEDING TWO YEARS AND FOR WHICH  THE  LOCAL
COUNCIL  MEMBER  AND  THE  DEPARTMENT HAVE SIGNED A MEMORANDUM OF UNDER-
STANDING TO MAINTAIN FUNDING FROM THE MUNICIPALITY AT THE AMOUNT BUDGET-
ED IN THE PRIOR FISCAL YEAR.
  (E) "NEIGHBORHOOD PARKS FUND" SHALL MEAN THE FUND ADMINISTERED BY  THE
NEIGHBORHOOD  PARKS  ALLIANCE  WITH  REVENUE GENERATED FROM CONTRIBUTING
CONSERVANCIES.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.