The New York State Senate

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

                                  7430

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2015
                               ___________

Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT to amend chapter 899  of  the  laws  of  1984,  relating  to  the
  creation  of  a  public benefit corporation to plan, develop, operate,
  maintain and manage Roosevelt Island, in relation to the management of
  such corporation

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

  Section  1.  Chapter 899 of the laws of 1984, relating to the creation
of a public benefit corporation to plan, develop, operate, maintain  and
manage  Roosevelt Island, subdivision 2 of section 3 as amended by chap-
ter 766 of the laws of 2005, subdivision 5 of section 3  as  amended  by
chapter  55  of the laws of 1992, section 8 as amended by chapter 770 of
the laws of 1988, paragraph 2 of subdivision a of section 8  as  amended
by  chapter 804 of the laws of 1990 and section 10-a as added by chapter
493 of the laws of 2002, is amended to read as follows:
  Section 1. LEGISLATIVE  DECLARATION.  The  legislature  hereby  finds,
determines and declares that:  (a) the city of New York and the New York
state  urban  development  corporation  have  entered  into a lease [and
related agreements] providing for the urban development  corporation  to
use  its  statutory powers to create on Roosevelt Island a new community
which would retain and heighten  the  benefits  of  urban  living  while
preserving  a  sense  of scale and open space for Roosevelt Island resi-
dents and New York city as a whole; (b)  the  urban  development  corpo-
ration  has AND ITS SUCCESSORS HAVE constructed the first [phase] PHASES
of the island's development, including public facilities, pursuant to  a
general  development  plan  for  Roosevelt  Island,  which plan is being
updated and WHICH PLAN contemplates significant future  development  [on
the  island], including the provision of additional housing, commercial,
civic, recreational and other facilities; (c) it is in the public inter-
est for the urban development corporation to transfer all of its  rights

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04274-01-5

A. 7430                             2

and  obligations  with  respect to the development, operation and super-
vision of both such existing and such proposed development to  a  public
benefit  corporation which shall be under the supervision of the commis-
sioner  of  [housing]  HOMES and community renewal; and (d) it is in the
public interest that [such  a]  THE  public  benefit  corporation  plan,
design,  develop,  operate,  maintain and manage Roosevelt Island[, that
such corporation] AND have vested in it such powers as are necessary  or
convenient  to effectuate those functions and that the division of hous-
ing and community renewal be authorized to assist  such  corporation  in
the performance of its duties with respect to Roosevelt Island.
  S  2. DEFINITIONS. As used in this act, the following terms shall have
the following meanings:
  1. "City" shall mean the city of New York.
  2. "Commissioner" shall mean the commissioner of [housing]  HOMES  and
community renewal.
  3. "Corporation" shall mean the Roosevelt Island operating corporation
created by section three of this act.
  4.  "Development  subleases"  shall mean (a) the sublease dated August
[first, nineteen hundred eighty] 1, 1980 between the  urban  development
corporation  and  the city, (b) the ground lease, dated October [thirti-
eth, nineteen hundred seventy-two] 30, 1972, between the urban  develop-
ment  corporation  and  North Town Phase II Houses, Inc., (c) the ground
lease, dated April [twenty-fifth, nineteen  hundred  seventy-three]  25,
1973, between the urban development corporation and North Town Phase III
Houses, Inc., [and] (d) the restated ground lease, dated November [thir-
tieth,  nineteen  hundred  seventy-seven]  30,  1977,  between the urban
development corporation and Rivercross  Tenants'  Corporation,  (E)  THE
GROUND  LEASE BETWEEN THE CORPORATION AND MANHATTAN PARK DATED AUGUST 4,
1986, (F) THE GROUND LEASE  BETWEEN  THE  CORPORATION  AND  RELATED  AND
HUDSON  COMPANIES  DATED DECEMBER 21, 2001, (G) THE SUBLEASE BETWEEN THE
CORPORATION AND MEPT OCTAGON, LLC DATED NOVEMBER 3, 2004,  AND  (H)  ALL
OTHER RELATED LEASES.
  5.  "Division"  shall  mean the New York state division of housing and
community renewal.
  6. "Lease" shall mean the lease, dated December  [twenty-third,  nine-
teen  hundred  sixty-nine] 23, 1969, as heretofore or hereafter amended,
among the city of New York, the New York state urban development  corpo-
ration  and  the  Roosevelt  Island development corporation, pursuant to
which the city leased substantially all of Roosevelt Island to  the  New
York  state  urban development corporation for development substantially
in accordance with the development plan referred to therein.
  7. "Roosevelt Island" shall mean the island located in the East River,
city and county of  New  York,  extending  from  approximately  fiftieth
street to eighty-sixth street in Manhattan.
  8.  "Safe  affordable  housing  for everyone, inc." shall mean the New
York corporation organized under article  [six-A]  6-A  of  the  private
housing finance law and under the supervision and control of the commis-
sioner.
  9.  "Tramway  franchise"  shall  mean  the franchise for the Roosevelt
Island tramway granted by the city to the urban development  corporation
on February [nineteenth, nineteen hundred seventy-four] 19, 1974.
  10.  "Urban  development  corporation"  shall  mean the New York state
urban development corporation AND ANY SUCCESSOR AGENCY.
  S 3. ESTABLISHMENT OF THE CORPORATION; ORGANIZATION OF THE  BOARD.  1.
To  effectuate  the purposes and provisions of this act, there is hereby
created the "Roosevelt Island operating corporation", which shall  be  a

A. 7430                             3

body corporate and politic constituting a public benefit corporation and
a political subdivision of the state of New York.
  2. The board of directors of the corporation shall be composed of nine
members.  One  member  shall be the commissioner, who shall serve as the
chair; one member shall be the director of the budget; and seven  public
members  shall  be appointed by the governor with the advice and consent
of the senate. Of the seven public members, two  members,  one  of  whom
shall  be  a  resident  of Roosevelt Island, shall be appointed upon the
recommendation of the mayor of the city;  and  four  additional  members
shall  be  residents  of Roosevelt Island. Each member shall serve for a
term of four years and until  his  or  her  successor  shall  have  been
appointed  and shall have qualified, except that [(a) two of the initial
public members appointed by the governor, one of whom is a  resident  of
Roosevelt  Island,  and  the  Roosevelt Island resident member appointed
upon the recommendation of the mayor of the city shall serve  for  terms
of  two  years  each,  and (b)] the commissioner and the director of the
budget shall serve so long as they continue  to  hold  their  respective
offices.  Any  action taken by the directors of the corporation shall be
taken by majority vote of the directors  then  in  office.  The  elected
public officials who represent Roosevelt Island shall be representatives
to  the board of directors of the corporation entitled to receive notice
of and attend all meetings of such board AND BE PROVIDED WITH ALL INFOR-
MATION RECEIVED BY THE MEMBERS FOR ALL AGENDA ITEMS  but  shall  not  be
entitled  to vote. Failure to give such notice shall not [effect] AFFECT
the validity of any action taken at a meeting of such board.  ALL  MEET-
INGS  OF  THE  BOARD OF DIRECTORS OR ANY COMMITTEE OF THE BOARD SHALL BE
SUBJECT TO THE OPEN MEETINGS LAW.
  3. The governor may fill any vacancy which  occurs  on  the  board  of
directors  of  the  corporation in a manner consistent with the original
appointment. Any member of the corporation may be removed by the  gover-
nor  for cause, but not without an opportunity to be heard, in person or
by counsel, in his OR HER defense, upon not less than ten days'  written
notice.
  4.  The commissioner and the director of the budget may each designate
an officer or employee of his OR HER respective  division  to  represent
such member at meetings of the corporation. Such designation shall be by
written  notice  filed with the [chairman] CHAIR or the secretary of the
corporation by the member making the designation, and may be revoked  at
any  time by similar notice. Any representative so designated shall have
the power to attend and to vote at any meeting of the  corporation  from
which  the  member  making the designation is absent with the same force
and effect as if the member making  the  designation  were  present  and
voting.  No  such designation shall limit the right of the member making
the designation to attend and vote in  person  at  any  meeting  of  the
corporation.
  5.  A  member  of the corporation who is not an officer or employee of
the state or the city shall not receive a salary or other  compensation,
but shall be entitled to reimbursement for actual and necessary expenses
incurred  in the performance of official duties as a member. A member of
the corporation who is not an officer or employee of the  state  or  the
city  may  engage in private employment, or in a profession or business,
unless otherwise prohibited by law from doing  so.  Notwithstanding  any
other  provision  of  law,  general,  special,  or  local, no officer or
employee of the state or any civil division thereof shall be  deemed  to
have  forfeited,  or  shall forfeit such office of employment because of

A. 7430                             4

acceptance of membership in the corporation, or by virtue  of  being  an
officer, employee or agent thereof.
  S  4.  POWERS  OF  THE  CORPORATION. The corporation's powers shall be
limited to carrying out the development,  management  and  operation  of
Roosevelt Island. In carrying out such development, management and oper-
ation, the corporation shall have the power to:
  1. Sue and be sued;
  2. Have a seal and alter the same at pleasure;
  3. Make and alter by-laws for its organization and internal management
and  make  rules  and  regulations governing the use of its property and
facilities;
  4. Make and execute contracts and all other instruments  necessary  or
convenient  for the exercise of its powers and functions under this act;
PROVIDED, HOWEVER, THAT THE CORPORATION SHALL  BE  CONSIDERED  A  CORPO-
RATION  AS  THAT  TERM IS USED IN SECTION 2879 OF THE PUBLIC AUTHORITIES
LAW;
  5. Acquire in the name of the corporation by purchase, grant or  gift,
or  by  the  exercise  of  the  power  of eminent domain pursuant to the
eminent domain procedure law, or otherwise, real or  personal  property,
or  any  interest therein deemed necessary or desirable for the develop-
ment, management or operation of Roosevelt  Island,  including,  without
limitation, leasehold interest, air and subsurface rights, easements and
lands  under  water  at  the  site of Roosevelt Island or in the general
vicinity thereof, and to subject such property or interest therein to  a
purchase money or other lien or security interest in connection with the
acquisition and development thereof, provided that the corporation shall
have no authority or power to issue any notes, bonds or other debt obli-
gations,  whether for the purpose of financing the development of Roose-
velt Island or otherwise;
  6. Hold and dispose of real or personal  property  for  its  corporate
purposes;
  7.  Appoint officers, agents and employees, prescribe their duties and
fix their compensation in accordance with a  staffing  and  compensation
plan submitted to and approved by the director of the budget;
  8.  Engage the services of private consultants on a contract basis for
rendering professional and technical assistance advice;
  9. Procure insurance against any loss in connection  with  its  activ-
ities,  properties and other assets, in such amount and from such insur-
ers as it deems desirable;
  10. Charge and collect fees, rents and other charges for the occupancy
or other use of real or personal property or facilities owned, operated,
managed or regulated by the corporation;
  11. Accept any gifts or grants of money or property, or  financial  or
other  aid  in  any form, from the federal government, the state, or the
city (or any instrumentality of any such government) or from  any  other
source  and,  subject to the provisions of this act and other applicable
law, to comply with any conditions of such assistance  and  execute  any
contracts or other instruments in connection therewith;
  12. Invest any funds of the corporation, or any other monies under its
custody  and  control not required for immediate use or disbursement, at
the discretion of the corporation, in obligations of the  state  or  the
United  States  government  or obligations the principal and interest of
which are guaranteed by the state or the United States government, or in
any other obligations in which the comptroller of the state  is  author-
ized  to  invest  pursuant  to  section  [ninety-eight]  98 of the state
finance law;

A. 7430                             5

  13. Enter into such agreements with the state, the  urban  development
corporation  and  the  city  as  the parties thereto deem appropriate to
effectuate the provisions of this act;
  14.  Assume  and  perform  the obligations and responsibilities of the
urban development corporation under the lease,  the  tramway  franchise,
and  all other contracts, leases, and agreements heretofore entered into
by the  urban  development  corporation  relating  to  the  development,
management  and  operation  of  Roosevelt Island (except that the corpo-
ration shall not assume any of the rights, duties  and  responsibilities
of  the  urban development corporation in relation to any bonds or notes
issued, or mortgages or security agreements held, by the urban  develop-
ment  corporation  or  any  of its subsidiaries) and exercise all of the
rights of the urban development corporation with respect thereto; [and]
  15. SUPPLEMENT ANY OF THE  SERVICES  PROVIDED  BY  OTHER  GOVERNMENTAL
AGENCIES  IN  SUCH  A  WAY  THAT  WILL MAKE THE SERVICES TO RESIDENTS OF
ROOSEVELT ISLAND BETTER AND MORE COMPLETE THAN OTHERWISE POSSIBLE; AND
  16. Do and perform all other acts necessary or convenient to carry out
the foregoing in connection with the development, management  or  opera-
tion of Roosevelt Island.
  S  5.  RULES AND REGULATIONS; APPROVAL OF DEVELOPMENT PLAN AMENDMENTS;
APPLICABILITY OF LOCAL LAWS. 1.  The corporation shall  promulgate  such
rules  and regulations as it shall deem appropriate to provide an oppor-
tunity for residents of Roosevelt  Island  to  comment  upon  any  major
amendment  of  the  development plan for Roosevelt Island referred to in
the lease at a public hearing held prior to its adoption by  the  corpo-
ration.
  2. Any amendment of the development plan for Roosevelt Island referred
to  in  the  lease  shall  be  subject to the review and approval of the
director of the budget, and the corporation shall  not  enter  into  any
agreement for the design or construction of any improvement provided for
in any such amendment prior to such approval.
  3.  The requirements of all local laws, ordinances, codes, charters or
regulations shall be  applicable  to  the  construction,  alteration  or
improvement  of  any building or structure on Roosevelt Island, provided
that the corporation may, in lieu of such compliance, determine that the
requirements of the New York state uniform fire prevention and  building
code,  formulated by the state fire prevention and building code council
pursuant to article [eighteen] 18 of the executive law, shall be  appli-
cable  to  such  work. In the event of such compliance with the New York
state uniform fire prevention and building code, the city shall have  no
power  to  modify any drawings, plans or specifications for such work or
for the plumbing, heating, lighting or other mechanical branches  there-
of,  or  to require that any person, firm or corporation employed on any
such work perform the same except as provided by such plans and specifi-
cations or obtain any additional authority, approval, permit or  certif-
icate from the city in connection therewith.
  S  6.  POWERS  AND  DUTIES OF URBAN DEVELOPMENT CORPORATION; LEASE AND
TRAMWAY FRANCHISE. 1. The corporation shall perform all  obligations  of
the  urban  development  corporation  or  any  of  its subsidiaries with
respect to  the  development,  management  and  operation  of  Roosevelt
Island,  including,  without  limitation,  all  such obligations arising
under the lease and the tramway franchise.
  2. The urban development corporation, the division and the corporation
shall each use their best efforts to obtain any required consents to the
assignment of the lease and the tramway franchise from the urban  devel-
opment corporation to the corporation and to any other assumption by the

A. 7430                             6

corporation  of  the obligations of the urban development corporation or
any of its subsidiaries under any other contracts, leases, agreements or
instruments entered into by the urban development  corporation,  or  any
such subsidiary, relating to the development, management or operation of
Roosevelt  Island (other than any bonds or notes issued, or mortgages or
security agreements held, by the urban development corporation or any of
its subsidiaries) and, upon obtaining such consents, the corporation and
the urban development corporation shall enter into such  agreements  and
take  such  actions as shall be necessary to effectuate such assignments
and assumptions, provided that in order to permit the urban  development
corporation  to  recover  the investment which it has heretofore made in
the development of  Roosevelt  Island,  such  agreements  shall  provide
appropriate assurances satisfactory to the urban development corporation
(a) for the prompt payment directly to the urban development corporation
of (i) all sums from time to time due from lessees under the development
subleases and (ii) all sums received by the corporation from the city in
connection  with  the termination of the lease, and (b) for the amending
or supplementing of the development subleases to  the  extent,  if  any,
necessary  to  protect the rights of the holders of any mortgages on the
leasehold interests created thereunder. Nothing in this  act  shall  (a)
constitute  or  authorize  an assignment by the urban development corpo-
ration (or any subsidiary thereof) of any mortgage or security  interest
held  by  the  urban development corporation (or any such subsidiary) on
any real or personal property or interest therein on Roosevelt Island or
any rights or obligations of the urban development corporation  (or  any
such  subsidiary) arising under any such mortgage or security agreement,
(b) relieve the urban development corporation of any of its  obligations
under  any bonds heretofore issued by the urban development corporation,
or (c) otherwise affect the interests of the holders of any such bonds.
  3. All revenues (other than state  appropriations)  derived  from  the
contracts,  leases,  agreements or instruments assigned to or assumed by
the corporation pursuant to subdivision two of  this  section  shall  be
applied first to the payment of those obligations assigned to or assumed
by the corporation.
  4.  The  urban  development corporation and the corporation are hereby
authorized to enter into such agreements with the  city  as  the  corpo-
ration  shall determine to be appropriate to amend, reform or supplement
the lease (including the development plan referred to therein)  and  the
tramway  franchise  in  order to carry out the purposes of this act. The
provisions of any general, special or  local  law  notwithstanding,  the
city  is  hereby authorized[, upon the approval of the board of estimate
of the city,] to enter into any such agreements with the corporation and
the urban development corporation.
  S 7. EQUAL EMPLOYMENT OPPORTUNITIES.  1.  The  corporation  shall  not
discriminate  against  employees or applicants for employment because of
race, creed, color, national origin, sex, SEXUAL ORIENTATION, age, disa-
bility or marital status, and will undertake  or  continue  programs  of
affirmative  action  to ensure that minority group persons and women are
afforded  equal  employment  opportunity  without  discrimination.  Such
action  shall  be  taken with reference, but not be limited, to recruit-
ment, employment, job assignment, promotion, upgrading, demotion, trans-
fer, layoff, termination, rate of pay or other  forms  of  compensation,
and  selections for training or retraining, including apprenticeship and
on-the-job training.
  2. The corporation shall request each employment agency, labor  union,
or  authorized  representative of workers with which it has a collective

A. 7430                             7

bargaining or other agreement or understanding,  to  furnish  a  written
statement  that  such  employment  agency, labor union or representative
shall not discriminate because of race, creed, color,  national  origin,
sex, SEXUAL ORIENTATION, age, disability or marital status and that such
union  or  representative  will  cooperate  in the implementation of the
corporation's obligations hereunder.
  3. The corporation shall state, in all solicitations or advertisements
for employees placed by or on behalf of the corporation, that all quali-
fied applicants will be afforded equal  employment  opportunity  without
discrimination  because  of  race,  creed,  color, national origin, sex,
SEXUAL ORIENTATION, age, disability or marital status.
  4. The corporation shall seek  meaningful  participation  by  minority
business  enterprises  in  the  programs  of  the  corporation and shall
actively and affirmatively promote and assist their participation in the
corporation's programs, so as to facilitate the award of a fair share of
contracts to such enterprises. For purposes hereof,  "minority  business
enterprise"  shall  mean  any  business  enterprise  which  is  at least
[fifty-one] 51 per centum owned by, or in the  case  of  publicly  owned
business,  at  least  [fifty-one] 51 per centum of the stock of which is
owned by, citizens or permanent resident aliens who are Black, Hispanic,
Asian, American Indian or women, and such ownership  interest  is  real,
substantial and continuing.
  S  8.  [a.]  NOTICE  OF  CLAIMS. 1. The state shall indemnify and hold
harmless the corporation, urban development corporation and safe afford-
able housing for everyone, inc., and pursuant to section [seventeen]  17
of  the  public  officers  law, their respective officers, directors and
employees, from and against any and all liability, claim, loss,  damage,
suit  or judgment and any and all costs and expenses (including, but not
limited to, counsel fees and disbursements) that  such  corporations  or
their  officers,  directors  or  employees  may suffer or incur, whether
before or after the date hereof, as a result of either (a) the  develop-
ment, management or operation of Roosevelt Island or (b) the performance
or  non-performance  by the division of any of its obligations or duties
with respect to Roosevelt Island.  All  of  the  provisions  of  section
[seventeen]  17  of  the  public officers law which are not inconsistent
with this section shall apply to the officers, directors, and  employees
of  such  corporations, including the provisions relating to the defense
by the attorney general or private counsel of any civil action  and  the
payment  of  legal  costs incurred in connection with the defense of any
such action. Any member, officer or employee of such corporations  seek-
ing  to  be saved harmless or indemnified or to claim any other benefits
available pursuant to this section or  section  [seventeen]  17  of  the
public  officers  law  shall  comply with the procedural requirements of
such section [seventeen] 17. As used in this section the terms "member",
"officer" and "employee" shall  include  a  former  member,  officer  or
employee, his estate or judicially appointed personal representative.
  2.  A  notice  of  claim,  served in accordance with the provisions of
section [fifty-e] 50-E of the general municipal law, shall be  a  condi-
tion precedent to the commencement of an action against the corporation,
its officers, directors and employees. No such action shall be commenced
more  than  one year after it has accrued, except that an action against
the corporation for wrongful death shall be commenced within the  notice
of  claim and time limitation provisions of title [eleven] 11 of article
[nine] 9 of the public authorities law.
  [b. 1.] 3. Notwithstanding the  provisions  of  section  [one  hundred
thirteen]  113  of  the retirement and social security law and any other

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general, special or local law, the  Roosevelt  Island  operating  corpo-
ration shall provide to persons employed by the Roosevelt Island operat-
ing  corporation  any  retirement,  disability,  death or other benefits
provided  or  required  pursuant  to any agreement with a labor union of
which its employees are members,  and  the  Roosevelt  Island  operating
corporation  is hereby authorized to retroactively or in the future make
such contributions as may be necessary to provide such benefits.
  [2.] 4. For purposes  of  the  retirement  and  social  security  law,
persons  employed  by  the Roosevelt Island operating corporation and to
whom the Roosevelt Island operating corporation provides any retirement,
disability, death and other benefits required pursuant to any  agreement
with  a  labor union of which its employees are members, shall be deemed
not to be employees of the Roosevelt Island operating corporation.  Such
other persons who are employees of the Roosevelt Island operating corpo-
ration as of the effective date of this act shall be eligible to receive
credit under the retirement and social security law for previous service
with the entities (or where applicable, their subsidiaries) made subject
to  section [seventeen] 17 of the public officers law by subdivision [a]
ONE of this section.
  S 9. ANNUAL BUDGET AND REPORT. 1. On or before  September  [fifteenth,
nineteen  hundred  eighty-four] 15, 1984 and on each September fifteenth
thereafter, the [chairman] CHAIR  of  the  corporation  shall  make  and
deliver  to  the director of the budget for his OR HER review a proposed
budget for the operation of the corporation for the next fiscal year  of
the  state. The [chairman] CHAIR of the corporation shall also deliver a
copy of such budget to  the  [chairman]  CHAIR  of  the  senate  finance
committee  and  the  [chairman]  CHAIR  of  the  assembly ways and means
committee at the same time that the budget is delivered to the  director
of  the  budget.  The  budget  shall include the total amount needed for
corporate purposes, including the funds required by the corporation  for
operation of Roosevelt Island facilities and improvements, the source of
all  funds that the corporation expects to receive and such other infor-
mation as the director of the budget shall require. The  governor  shall
recommend  in his OR HER annual budget such appropriations to the corpo-
ration for its operations as he OR SHE deems necessary.
  2. The corporation shall submit to the director of the budget, [chair-
man]  CHAIR of the senate finance committee and [chairman] THE CHAIR  of
the  assembly ways and means committee, within ninety days after the end
of its fiscal year, a complete and detailed report setting forth (a) its
operations and accomplishments, and (b) its  receipts  and  expenditures
during  such  fiscal  year in accordance with categories and classifica-
tions established by the corporation, with the approval of the  director
of the budget, for its operating and capital outlay purposes.
  S  10. FUTURE MANAGEMENT STUDY. The corporation shall [also] study the
future operation and management of Roosevelt Island. Such study shall be
completed by December [thirty-first, nineteen hundred  eighty-five]  31,
1985.
  S  10-a.  Open space development prohibited. Notwithstanding any other
provision of this act, or any other law to the contrary, on or after the
effective date of this section, no further development  or  construction
for  other  than  park  purposes shall be permitted on any real property
which is identified as open space areas in the general development  plan
as  amended  May  10, 1990, AND AS SUBSEQUENTLY AMENDED, and approved by
the board of estimate of the city of New York on  August  17,  1990  and
referred  to  in  the lease defined in subdivision six of section two of
this act, and on such real property shall remain open  space  areas  for

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the  duration  of  the  lease  unless  such  development or construction
includes the reconstruction, restoration, rehabilitation or preservation
of the historic landmarks located in such open space areas and  furthers
the  use  of  the areas surrounding the historic landmarks as open space
areas. Open space areas, as used in this section shall INCLUDE, BUT  NOT
be  limited  to  Lighthouse [park] PARK, Octagon [park] PARK, CAPOBIANCO
FIELD AND NEIGHBORING PLAY AREAS, Blackwell  [park]  PARK,  FIREFIGHTERS
FIELD, and South Point [park] PARK.
  S 11. LIABILITY FOR COMMUNITY OBLIGATIONS; TAX EXEMPTION. 1. The obli-
gations  of  the  corporation  shall  not be debts of the state, and the
state shall not be liable thereon, and such  obligations  shall  not  be
payable out of any funds other than those of the corporation.
  2.  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 state and is a public purpose, and
that the corporation will be performing an essential governmental  func-
tion  in  the  exercise of the powers conferred upon it by this act. The
corporation and its operations, property and moneys shall  be  free  and
exempt  from  taxation  of  every kind by the city and the state and any
subdivision thereof. Except as hereinabove provided and  except  as  may
otherwise  specifically be provided, nothing contained in this act 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.
  3. ANY EXPENDITURES OF THE CORPORATION SHALL BE IN ACCORDANCE WITH THE
ADOPTED  BUDGET  OR  A  MODIFICATION APPROVED BY THE BOARD OF DIRECTORS.
EXPENDITURES SHALL BE MADE BY  CHECK,  DRAFT  OR  OTHER  ORDER  FOR  THE
PAYMENT OF MONEY, SIGNED AS PROVIDED BY THE BY-LAWS.
  S  12.  DIVISION  OF  HOUSING  AND  COMMUNITY  RENEWAL; ASSISTANCE AND
SERVICES. The corporation may from time to time request the division  to
perform such services and render such technical assistance to the corpo-
ration  with  respect  to  the  development,  management or operation of
Roosevelt Island as the corporation deems necessary  or  convenient  and
may  provide for the reimbursement to the division by the corporation of
the reasonable cost of such services. The division is hereby  authorized
to  perform such services and render such technical assistance as may be
agreed upon between the division and the corporation  pursuant  to  this
section. In addition, the commissioner is hereby authorized to represent
the  corporation in any negotiations with the city concerning amendments
or supplements to or reformations of the lease and tramway franchise  as
contemplated by section six of this act.
  S  13.  OPERATION  OF  MOTOR  VEHICLES. In addition to any other power
conferred upon it by this act, the corporation is hereby  authorized  to
prescribe  rules  and regulations governing the operation (including the
parking, standing or stopping) of vehicles on Roosevelt Island; provided
however, that such rules and regulations shall not UNREASONABLY restrict
access to any city facilities situated on Roosevelt Island nor unreason-
ably restrict parking by city of New York employees, their visitors  and
invitees  IN  THE  IMMEDIATE  VICINITY  OF  SUCH  CITY FACILITIES.   The
violation of such rules or regulations shall be  an  offense  punishable
upon  a  first  conviction thereof by a fine of not more than [fifty] 50
dollars, upon a second within a period of eighteen months by a  fine  of
not  more  than  [one  hundred  fifty]  100 dollars, and upon a third or
subsequent conviction thereof within a period of [eighteen] 18 months by
a fine of not more than [one hundred fifty] 150 dollars[, or  by  impri-
sonment  for  not  more  than thirty days, or by both such fine and such
imprisonment]. For purposes of enforcement and  administration  of  such

A. 7430                            10

rules and regulations, including but not limited to conferring jurisdic-
tion  with respect thereto upon the applicable courts and administrative
tribunals, all provisions of law relating to, and rules  or  regulations
of, the New York city department of transportation not inconsistent with
this act shall be applicable.
  S  14. SEPARABILITY OF PROVISIONS. If any section, clause or provision
of this act or the application thereof shall be adjudged  invalid,  such
judgment  shall  not  affect  or invalidate any other section, clause or
provision of this act.
  S 15. TRANSFER OF FUNDS. 1.  Notwithstanding  the  provisions  of  any
general  or  special  law,  the  director of the budget is authorized to
transfer to the corporation from funds appropriated to the division  for
the fiscal year beginning April [first, nineteen hundred eighty-four] 1,
1984,  the  amount  he  OR  SHE  determines  necessary  to carry out the
provisions of this act, including providing for Roosevelt  Island  oper-
ations, capital improvement program and any other appropriate management
expenses.
  2.  Notwithstanding  the  provisions of any general or special law, no
part of such appropriations shall be available for the  purposes  desig-
nated  until  a  certificate of approval of availability shall have been
issued by the director of the budget and a copy of such  certificate  is
filed  with  the  state  comptroller, the [chairman] CHAIR of the senate
finance committee and the [chairman] CHAIR  of  the  assembly  ways  and
means  committee.  Such  certificate  may  be amended from time to time,
subject to the approval of the director of the budget,  and  a  copy  of
each  such  amendment  shall  be  filed  with the state comptroller, the
[chairman] CHAIR of the senate  finance  committee  and  the  [chairman]
CHAIR of the assembly ways and means committee.
  S  16.  This  act shall take effect [thirty days] ON THE THIRTIETH DAY
after it shall have become a law.
  S 2. This act shall take effect immediately.