S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5766
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2017
                                ___________
 
 Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to amend the public authorities law and the New York city char-
   ter,  in  relation  to  the  creation  of  the  New  York  city  parks
   construction authority

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 8 of the  public  authorities  law  is  amended  by
 adding a new title 7 to read as follows:
                                   TITLE 7
            THE NEW YORK CITY PARKS CONSTRUCTION AUTHORITY ACT
 SECTION  1760. SHORT TITLE.
          1761. DEFINITIONS.
          1762. NEW YORK CITY PARKS CONSTRUCTION AUTHORITY.
          1763. POWERS AND DUTIES OF THE AUTHORITY.
          1764. TRANSFER OF PROPERTY.
          1765. EXEMPTION  FROM  LAND  USE  REVIEW  PROCEDURES  AND OTHER
                  REQUIREMENTS.
          1766. COMPLIANCE WITH CODES.
          1767. CONTRACTS OF THE AUTHORITY.
          1768. FUNDING OF THE AUTHORITY.
          1769. CIVIL SERVICE.
          1770. RETIREMENT OF EMPLOYEES.
          1771. COLLECTIVE NEGOTIATION.
          1772. USE OF OUTSIDE DESIGN, DRAFTING OR INSPECTION SERVICES.
          1773. DEPOSIT AND INVESTMENT OF MONEYS OF THE AUTHORITY.
          1774. EXEMPTION OF THE AUTHORITY.
          1775. EQUAL EMPLOYMENT OPPORTUNITY  PROGRAM  AND  MINORITY  AND
                  WOMEN-OWNED BUSINESS ENTERPRISE PROGRAM.
          1776. CLAIMS AND ACTIONS AGAINST THE AUTHORITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09367-03-7

 S. 5766                             2
 
          1777. LIMITED LIABILITY.
          1778. AUDIT, ANNUAL AND QUARTERLY REPORTS.
          1779. EFFECT OF INCONSISTENT PROVISIONS.
          1780. INVESTIGATIONS.
   § 1760. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE
 "NEW YORK CITY PARKS CONSTRUCTION AUTHORITY ACT".
   §  1761.  DEFINITIONS.  AS USED OR REFERRED TO IN THIS TITLE, UNLESS A
 DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
   1. "AUTHORITY" SHALL MEAN THE NEW YORK CITY PARKS CONSTRUCTION AUTHOR-
 ITY.
   2. "BOARD" SHALL MEAN THE BOARD OF TRUSTEES OF THE NEW YORK CITY PARKS
 CONSTRUCTION AUTHORITY.
   3. "COUNCIL" SHALL MEAN THE COUNCIL OF THE CITY OF NEW YORK.
   4. "COMMISSIONER" SHALL MEAN THE COMMISSIONER  OF  THE  DEPARTMENT  OF
 PARKS AND RECREATION IN THE CITY OF NEW YORK.
   5. "CITY" SHALL MEAN THE CITY OF NEW YORK.
   6. "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE CITY OF NEW YORK.
   7.  "DEPARTMENT"  SHALL MEAN THE NEW YORK CITY DEPARTMENT OF PARKS AND
 RECREATION.
   8. "DIRECTOR OF MANAGEMENT AND BUDGET"  SHALL  MEAN  THE  DIRECTOR  OF
 MANAGEMENT AND BUDGET OF THE CITY OF NEW YORK.
   9.  "PARK  FACILITIES"  SHALL  MEAN  THE FACILITIES AND STRUCTURES SET
 FORTH IN SECTION FIVE HUNDRED THIRTY-THREE OF THE NEW YORK CITY CHARTER.
   10. "MAYOR" SHALL MEAN THE MAYOR OF THE CITY OF NEW YORK.
   § 1762. NEW YORK CITY PARKS CONSTRUCTION AUTHORITY. 1. THERE IS HEREBY
 ESTABLISHED A PUBLIC BENEFIT CORPORATION TO BE KNOWN AS  THE  "NEW  YORK
 CITY PARKS CONSTRUCTION AUTHORITY".
   2.  THE  AUTHORITY  SHALL BE GOVERNED BY AND ITS POWERS SHALL BE EXER-
 CISED BY A BOARD OF TRUSTEES CONSISTING OF  FIVE  MEMBERS.  THE  MEMBERS
 SHALL  BE THE COMMISSIONER AND FOUR OTHER MEMBERS, THREE TO BE APPOINTED
 BY THE MAYOR, AND ONE TO BE APPOINTED BY THE SPEAKER  OF  THE  NEW  YORK
 CITY  COUNCIL. THE    COMMISSIONER SHALL SERVE AS THE CHAIRPERSON OF THE
 BOARD OF TRUSTEES. NO OFFICER OR EMPLOYEE OF THE CITY OR STATE SHALL  BE
 ONE  OF  THE APPOINTED MEMBERS OF THE BOARD. THE APPOINTED MEMBERS SHALL
 SERVE AT THE PLEASURE OF THEIR RESPECTIVE APPOINTING AUTHORITY.
   3. EACH APPOINTED MEMBER SHALL CONTINUE IN OFFICE  UNTIL  A  SUCCESSOR
 HAS  BEEN  APPOINTED AND QUALIFIES. IN THE EVENT A VACANCY OCCURS IN THE
 OFFICE OF AN APPOINTED MEMBER, THE VACANCY SHALL BE FILLED IN  THE  SAME
 MANNER  AS  WAS  THE  ORIGINAL  APPOINTMENT  OF THE TRUSTEE WHOSE OFFICE
 BECAME VACANT.
   4. APPOINTED MEMBERS MAY ENGAGE IN PRIVATE EMPLOYMENT, OR IN A PROFES-
 SION OR BUSINESS; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY  OTHERWISE
 APPLICABLE PROVISION OF GENERAL LAW, THE MEMBERS SHALL BE SUBJECT TO THE
 LIMITATIONS  CONTAINED  IN SECTIONS TWENTY-SIX HUNDRED THREE, TWENTY-SIX
 HUNDRED FOUR, TWENTY-SIX HUNDRED FIVE, AND TWENTY-SIX HUNDRED SIX OF THE
 NEW YORK CITY CHARTER. THE AUTHORITY SHALL, FOR  THE  PURPOSES  OF  SUCH
 SECTIONS BE AN "AGENCY" AND SUCH TRUSTEES SHALL BE "PUBLIC SERVANTS" FOR
 THE  PURPOSES  OF  SUCH  SECTIONS.  IN  ADDITION, SUCH TRUSTEES SHALL BE
 SUBJECT TO THE PROVISIONS OF SECTION  ELEVEN  HUNDRED  SIXTEEN  OF  SUCH
 CHARTER  AND  SHALL FOR THE PURPOSES OF SUCH SECTION BE "OFFICERS OF THE
 CITY". NOTWITHSTANDING ANY OTHERWISE  APPLICABLE  PROVISION  OF  GENERAL
 LAW,  EMPLOYEES  OF THE AUTHORITY SHALL BE SUBJECT TO SUCH PROVISIONS OF
 SUCH CHARTER AND SHALL BE DEEMED TO BE OFFICERS  AND  EMPLOYEES  OF  THE
 CITY  OF  NEW YORK FOR PURPOSES OF THE FINANCIAL DISCLOSURE REQUIREMENTS
 OF SECTION 12-110 OF THE ADMINISTRATIVE CODE OF SUCH CITY.

 S. 5766                             3
 
   5. THE BOARD SHALL PROVIDE FOR THE HOLDING  OF  REGULAR  MEETINGS  AND
 SUCH  SPECIAL  MEETINGS AT THE CALL OF THE CHAIRPERSON, AS MAY BE NECES-
 SARY.  A MAJORITY OF THE WHOLE NUMBER OF  TRUSTEES  SHALL  CONSTITUTE  A
 QUORUM FOR THE TRANSACTION OF BUSINESS. THE POWERS OF THE BOARD SHALL BE
 VESTED IN AND EXERCISED BY A MAJORITY OF THE WHOLE NUMBER OF THE MEMBERS
 THEREOF.
   6.  TRUSTEES  SHALL  RECEIVE  NO  COMPENSATION FOR THEIR SERVICES, BUT
 SHALL BE REIMBURSED FOR THE ACTUAL AND NECESSARY  EXPENSES  INCURRED  BY
 THEM  IN  THE  PERFORMANCE  OF  THEIR OFFICIAL DUTIES AS TRUSTEES OF THE
 AUTHORITY.
   7. THE MAYOR SHALL APPOINT AS PRESIDENT OF THE AUTHORITY AN INDIVIDUAL
 WHO HAS EXTENSIVE EXECUTIVE-LEVEL CONSTRUCTION  EXPERIENCE.  THE  PRESI-
 DENT,  WHO SHALL NOT BE A MEMBER OF THE BOARD, SHALL BE THE CHIEF EXECU-
 TIVE OFFICER OF THE AUTHORITY AND SHALL BE RESPONSIBLE FOR THE DISCHARGE
 OF THE EXECUTIVE AND ADMINISTRATIVE FUNCTIONS AND POWERS OF THE AUTHORI-
 TY. THE PRESIDENT SHALL SERVE AT THE PLEASURE OF THE BOARD.
   8. THE AUTHORITY SHALL  CONTINUE  IN  ITS  CORPORATE  EXISTENCE  UNTIL
 TERMINATED  BY  LAW. UPON TERMINATION OF THE EXISTENCE OF THE AUTHORITY,
 ALL OF THE PROPERTY INTERESTS OF THE AUTHORITY SHALL PASS TO AND VEST IN
 THE CITY AND THE CITY SHALL ASSUME ANY OUTSTANDING CONTRACTUAL DUTIES OR
 OBLIGATIONS OF THE AUTHORITY, EXCEPT AS OTHERWISE MAY  BE  SPECIFIED  BY
 LAW.
   §  1763.  POWERS AND DUTIES OF THE AUTHORITY. THE AUTHORITY SHALL HAVE
 THE FOLLOWING POWERS AND DUTIES:
   1. TO SUE AND BE SUED;
   2. TO HAVE A SEAL OR ALTER THE SAME AT PLEASURE;
   3. TO MAKE AND ALTER BY-LAWS FOR THE ORGANIZATION AND  THE  MANAGEMENT
 AND REGULATION OF ITS AFFAIRS;
   4.  TO  APPOINT  OFFICERS  AND  EMPLOYEES,  FIX THEIR COMPENSATION AND
 REQUIRE BACKGROUND INVESTIGATIONS, INCLUDING  BUT  NOT  LIMITED  TO  THE
 CRIMINAL HISTORY OF ALL APPLICANTS FOR EMPLOYMENT TO DETERMINE THE SUIT-
 ABILITY  OF  SUCH  APPLICANTS  FOR  EMPLOYMENT. SUCH INVESTIGATION SHALL
 INCLUDE BUT NOT BE LIMITED TO THE TAKING OF FINGERPRINTS OF  SUCH  OFFI-
 CERS  AND EMPLOYEES AS A PREREQUISITE FOR EMPLOYMENT; PROVIDED, HOWEVER,
 THAT EVERY SET OF FINGERPRINTS TAKEN PURSUANT TO THIS SUBDIVISION  SHALL
 BE PROMPTLY SUBMITTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES WHERE
 IT  SHALL BE APPROPRIATELY PROCESSED AND FORWARDED TO THE FEDERAL BUREAU
 OF INVESTIGATION, AT A RATE REQUIRED BY  SUCH  AGENCIES  FOR  STATE  AND
 NATIONAL CRIMINAL HISTORY RECORD CHECKS;
   5. TO DESIGN, CONSTRUCT, RECONSTRUCT, IMPROVE, REHABILITATE, MAINTAIN,
 FURNISH,  REPAIR,  EQUIP  AND  OTHERWISE PROVIDE FOR PARK AND RECREATION
 FACILITIES, PURSUANT TO AGREEMENTS WITH THE DEPARTMENT;
   6. TO ACQUIRE REAL AND PERSONAL PROPERTY, OR ANY INTEREST THEREIN,  BY
 ANY  METHOD,  INCLUDING BUT NOT LIMITED TO PURCHASE OR CONDEMNATION, FOR
 THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, IMPROVING,  REHABILITATING,
 MAINTAINING, REPAIRING, FURNISHING, EQUIPPING OR OTHERWISE PROVIDING FOR
 PARK  AND  RECREATION  FACILITIES FOR THE DEPARTMENT; PROVIDED, HOWEVER,
 THAT THE AUTHORITY SHALL USE SUCH CONDEMNATION POWER ONLY IF THE AUTHOR-
 ITY IS UNABLE  TO  PURCHASE  PROPERTY  BY  NEGOTIATION  OR  BIDDING  AND
 PROVIDED FURTHER THAT, EXCEPT TO THE EXTENT PERMITTED BY SUBDIVISION TWO
 OF SECTION SEVENTEEN HUNDRED SIXTY-FOUR OF THIS TITLE, THE AUTHORITY MAY
 NOT  CONDEMN  PROPERTY DEDICATED TO USE, USED OR MAPPED AS A CITY STREET
 OR ANY OTHER PROPERTY OWNED BY, OR SUBJECT TO ANY INTEREST  THEREIN,  OF
 THE CITY OF NEW YORK;
   7.  TO  MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY
 OR CONVENIENT FOR THE EXERCISE OF  ITS  FUNCTIONS,  POWERS  AND  DUTIES,

 S. 5766                             4
 
 PROVIDED  THAT  THE  AUTHORITY  MAY  NOT  UNLESS  OTHERWISE SPECIFICALLY
 AUTHORIZED BY LAW ISSUE NEGOTIABLE BONDS OR NOTES;
   8.  TO  ENGAGE THE SERVICES OF PRIVATE CONSULTANTS ON A CONTRACT BASIS
 FOR RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
   9. TO ENTER INTO AGREEMENTS WITH THE DEPARTMENT PURSUANT TO WHICH  THE
 AUTHORITY WILL BE RESPONSIBLE FOR THE ACQUISITION, DESIGN, CONSTRUCTION,
 RECONSTRUCTION,  IMPROVEMENT,  REHABILITATION,  MAINTAINING,  REPAIRING,
 FURNISHING, EQUIPPING OF AND OTHERWISE PROVIDING FOR PARK AND RECREATION
 FACILITIES FOR THE DEPARTMENT, PROVIDED,  HOWEVER,  THAT  ANY  AGREEMENT
 UNDER  WHICH  THE AUTHORITY SHALL ENGAGE IN MAINTENANCE SHALL BE LIMITED
 TO MAINTENANCE THAT IS ATTENDANT TO THE AUTHORITY'S IMPLEMENTATION OF  A
 FIVE-YEAR FACILITIES CAPITAL PLAN.
   10.  NOTWITHSTANDING  THE  PROVISIONS  OF  SECTION  TWO  THOUSAND FIVE
 HUNDRED FOUR OF THE INSURANCE LAW OR ANY OTHER LAW, TO PROCURE INSURANCE
 ON BEHALF OF ITSELF AND OTHERS AGAINST ANY LOSS IN CONNECTION  WITH  ITS
 ACTIVITIES,  PROPERTIES  AND OTHER ASSETS, IN SUCH AMOUNTS AND FROM SUCH
 INSURERS AS IT DEEMS DESIRABLE; PROVIDED THAT THE  AUTHORITY  MAY  ENTER
 INTO  AGREEMENTS WITH THE CITY, ACTING BY THE MAYOR ALONE, PROVIDING FOR
 INDEMNIFICATION BY THE CITY OF THE AUTHORITY AGAINST TORT  AND  CONTRACT
 JUDGMENTS  AND CLAIMS, WHICH AGREEMENTS MAY CONTAIN PROVISIONS REQUIRING
 LEGAL REPRESENTATION OF THE AUTHORITY BY THE CORPORATION COUNSEL OF  THE
 CITY  AND SPECIFYING ANY INSURANCE TO BE CARRIED BY THE AUTHORITY, WHICH
 PROVISIONS SHALL SUPERSEDE ANY AGREEMENTS WITH THE  DEPARTMENT  ON  SUCH
 SUBJECT;
   11.  UPON  COMPLETION  OF  THE  DESIGN,  CONSTRUCTION, RECONSTRUCTION,
 IMPROVEMENT, REHABILITATION, MAINTAINING, REPAIRING, FURNISHING,  EQUIP-
 PING  OF  OR  OTHERWISE PROVIDING FOR PARK AND RECREATION FACILITIES, TO
 CONVEY TITLE TO ANY SUCH FACILITIES TO THE CITY  FOR  USE  AS  PARK  AND
 RECREATION FACILITIES BY THE DEPARTMENT;
   12. TO DISPOSE OF PERSONAL PROPERTY AND, WITH THE CONSENT OF THE CITY,
 ACTING BY THE MAYOR AND THE COUNCIL, TO DISPOSE OF REAL PROPERTY, OR ANY
 INTEREST  THEREIN,  HELD  BY  THE AUTHORITY AND NOT REQUIRED FOR PARK OR
 RECREATION PURPOSES OF THE  DEPARTMENT,  BY  SALE,  LEASE,  SUBLEASE  OR
 OTHERWISE, PROVIDED THAT SUCH DISPOSITION IS PURSUANT TO THE IMPLEMENTA-
 TION OF A FIVE-YEAR PARK FACILITIES CAPITAL PLAN;
   13.  TO ENTER INTO AGREEMENTS WITH THE CITY'S DEPARTMENT OF CITY PLAN-
 NING TO RENDER ANY SERVICES THE AUTHORITY MAY REQUEST, INCLUDING BUT NOT
 LIMITED TO PROFESSIONAL AND TECHNICAL ASSISTANCE  BY  PLANNING  EXPERTS,
 ENGINEERS,  ARCHITECTS  AND ANY OTHER STAFF AS MAY BE NECESSARY, AND THE
 USE OF THE PREMISES, PERSONNEL, EQUIPMENT, ACCESS TO RELEVANT  DATA  AND
 PERSONAL PROPERTY OF THE DEPARTMENT OF CITY PLANNING;
   14.  TO  ENTER INTO AGREEMENTS WITH THE DEPARTMENT TO RENDER SERVICES,
 INCLUDING BUT NOT LIMITED TO THE USE  OF  THE  PREMISES,  PERSONNEL  AND
 PERSONAL PROPERTY OF THE DEPARTMENT, AND TO PROVIDE FOR REIMBURSEMENT TO
 THE  DEPARTMENT  FROM  THE  AUTHORITY  FOR  ANY EXPENSES INCURRED BY THE
 DEPARTMENT IN CARRYING OUT THE TERMS OF THESE AGREEMENTS;
   15. TO ENTER INTO AGREEMENTS WITH THE DEPARTMENT PURSUANT TO WHICH THE
 DEPARTMENT MAY MAKE AVAILABLE TO THE AUTHORITY THE SERVICES OF EMPLOYEES
 OF THE DEPARTMENT WHO ARE CONTEMPLATED TO BE TRANSFERRED TO THE AUTHORI-
 TY PURSUANT TO A PLAN FOR SUCH TRANSFERS FOR THE  PURPOSE  OF  RENDERING
 ASSISTANCE  IN  ESTABLISHING  THE OPERATIONS OF THE AUTHORITY; PROVIDED,
 HOWEVER, THAT SUCH EMPLOYEES SHALL NO LONGER BE AVAILABLE TO THE AUTHOR-
 ITY PURSUANT TO THE TERMS OF THIS SUBDIVISION BEYOND ONE YEAR  FOLLOWING
 THE EFFECTIVE DATE OF THIS TITLE;
   16.  TO  APPLY  FOR  OR  ACCEPT ANY GIFTS, GRANTS OR LOANS OF FUNDS OR
 PROPERTY OR FINANCIAL OR OTHER AID IN ANY FORM FROM THE FEDERAL  GOVERN-

 S. 5766                             5

 MENT  OR  ANY  AGENCY  OR INSTRUMENTALITY THEREOF, FROM THE STATE OR ANY
 AGENCY OR INSTRUMENTALITY THEREOF,  FROM  THE  CITY  OR  ANY  AGENCY  OR
 INSTRUMENTALITY  THEREOF OR FROM ANY OTHER SOURCE, FOR ANY OR ALL OF THE
 PURPOSES  SPECIFIED  IN  THIS  TITLE,  AND IT MAY COMPLY, SUBJECT TO THE
 PROVISIONS OF THIS TITLE, WITH THE TERMS AND CONDITIONS THEREOF; AND
   17. TO DO ANY AND ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT  AND
 EXERCISE THE POWERS GIVEN AND GRANTED BY THIS SECTION.
   §  1764.  TRANSFER OF PROPERTY. 1. THE DEPARTMENT AND THE CITY, ACTING
 BY THE MAYOR ALONE OR BY RESOLUTION OF THE COUNCIL, MAY CONVEY OR TRANS-
 FER TO THE AUTHORITY, WITH OR  WITHOUT  CONSIDERATION  AND  WITHOUT  ANY
 FURTHER  AUTHORIZATION,  ANY REAL, PERSONAL OR MIXED PROPERTY (INCLUDING
 INALIENABLE PROPERTY OF THE CITY), OR ANY INTEREST THEREIN, IN ORDER  TO
 ASSIST  THE  AUTHORITY  IN  IMPLEMENTING  A FIVE-YEAR FACILITIES CAPITAL
 PLAN.
   2. IN THE EVENT THE AUTHORITY WISHES TO OBTAIN CITY PROPERTY  FOR  USE
 AS  A PARK OR RECREATION FACILITY PURSUANT TO AN APPROVED FIVE-YEAR PARK
 FACILITIES CAPITAL PLAN, THE AUTHORITY SHALL REQUEST  SUCH  PROPERTY  IN
 WRITING  AND  SHALL SUBMIT SUCH REQUEST DIRECTLY TO THE MAYOR. THE MAYOR
 SHALL HAVE THIRTY DAYS TO RESPOND TO SUCH REQUEST.  IF  THE  REQUEST  IS
 DENIED,  THE  MAYOR  SHALL  SET  FORTH  IN  WRITING THE REASONS FOR SUCH
 DENIAL, INCLUDING WHETHER THE CITY INTENDS  TO  USE  SUCH  PROPERTY  FOR
 OTHER  PUBLIC  USES. SUCH RESPONSE SHALL BE MADE AVAILABLE TO THE PUBLIC
 UPON REQUEST. IF THE MAYOR FAILS TO RESPOND TO SUCH REQUEST, THE AUTHOR-
 ITY MAY, AT THE EXPIRATION OF THE THIRTY-DAY PERIOD, CONDEMN SUCH  PROP-
 ERTY  PURSUANT  TO ITS POWERS UNDER SUBDIVISION SIX OF SECTION SEVENTEEN
 HUNDRED SIXTY-THREE OF THIS TITLE.
   § 1765. EXEMPTION FROM LAND USE REVIEW PROCEDURES AND  OTHER  REQUIRE-
 MENTS.    1.  EXCEPT FOR THE PROVISIONS OF ARTICLE EIGHT OF THE ENVIRON-
 MENTAL CONSERVATION LAW AND ARTICLE FOURTEEN OF  THE  PARKS,  RECREATION
 AND  HISTORIC  PRESERVATION LAW, NEITHER (A) THE ESTABLISHMENT OR AMEND-
 MENT OF A PARK FACILITIES CAPITAL  PLAN  AND  ACTIONS  RELATING  TO  THE
 FINANCING  THEREOF,  NOR  (B)  THE  ESTABLISHMENT  OR REVISION OF A PARK
 FACILITIES MASTER PLAN AND ACTIONS RELATING TO  THE  FINANCING  THEREOF,
 NOR  (C)  ANY  CONVEYANCE  OR OTHER GRANT OF PROPERTY OR OF ANY INTEREST
 THEREIN BY THE CITY, THE DEPARTMENT OR ANY OTHER PERSON, FIRM OR  ORGAN-
 IZATION TO THE AUTHORITY OR TO THE DEPARTMENT PURSUANT TO A PARK FACILI-
 TIES  CAPITAL  PLAN,  NOR  (D) THE DESIGN, CONSTRUCTION, RECONSTRUCTION,
 IMPROVEMENT, REHABILITATION, MAINTAINING, FURNISHING, REPAIRING,  EQUIP-
 PING  OR  USE  OF  PARK  FACILITIES  BY  THE  AUTHORITY,  INCLUDING  ANY
 CONTRACTS, APPROVALS, CONSENTS, AGREEMENTS,  PERMITS  OR  AUTHORIZATIONS
 NECESSARY  TO  ACCOMPLISH THE SAME, WHICH ARE PURSUANT TO A PARK FACILI-
 TIES CAPITAL PLAN, NOR (E) THE RECONVEYANCE OR TRANSFER OF  PROPERTY  TO
 THE  DEPARTMENT  OR  TO  THE CITY BY THE AUTHORITY OR ANY DISPOSITION OF
 PROPERTY PURSUANT TO A PARK FACILITIES CAPITAL PLAN, SHALL BE SUBJECT TO
 THE PROVISIONS OF ANY GENERAL,  SPECIAL  OR  LOCAL  LAW,  CITY  CHARTER,
 ADMINISTRATIVE  CODE, ORDINANCE OR RESOLUTION GOVERNING UNIFORM LAND USE
 REVIEW PROCEDURES, ANY OTHER LAND USE  PLANNING  REVIEW  AND  APPROVALS,
 HISTORIC   PRESERVATION  PROCEDURES,  ARCHITECTURAL  REVIEWS,  FRANCHISE
 APPROVALS AND OTHER  STATE  OR  LOCAL  REVIEW  AND  APPROVAL  PROCEDURES
 GOVERNING  THE USE OF LAND AND THE IMPROVEMENTS THEREON WITHIN THE CITY.
 CAPITAL PROJECTS FOR PARK FACILITIES TO BE UNDERTAKEN BY  THE  AUTHORITY
 SHALL NOT BE SUBJECT TO THE PROVISIONS OF THE CHARTER OF THE CITY RELAT-
 ING TO SITE SELECTION, LAND USE REVIEW PROCEDURES, ART COMMISSION REVIEW
 PROCEDURES,  GENERAL STANDARDS AND COST LIMITS, PROJECT SCOPE AND DESIGN
 PROCEDURES, OR CONTRACT REGISTRATION AND VOUCHERING PROCEDURES.

 S. 5766                             6
 
   2. THE AUTHORITY SHALL BE DEEMED THE LEAD AGENCY FOR PURPOSES  OF  THE
 IMPLEMENTATION  OF  THE  ENVIRONMENTAL  REVIEW  PROCEDURES PRESCRIBED BY
 ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND  THE  RULES  AND
 REGULATIONS  PROMULGATED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
 PURSUANT THERETO.
   3.  THE  AUTHORITY  SHALL BE SUBJECT TO ZONING REGULATIONS TO THE SAME
 EXTENT THAT THE CITY BOARD IS SUBJECT TO SUCH REGULATIONS, IF AT ALL.
   § 1766. COMPLIANCE WITH CODES. THE AUTHORITY  SHALL,  IN  THE  DESIGN,
 CONSTRUCTION,  RECONSTRUCTION, IMPROVEMENT, REHABILITATION, MAINTENANCE,
 REPAIR, FURNISHING, EQUIPPING OF OR OTHERWISE PROVIDING FOR PARK FACILI-
 TIES, COMPLY WITH THE REQUIREMENTS OF THE CITY BUILDING CODE, FIRE  CODE
 AND ELECTRICAL CODE.
   §  1767.  CONTRACTS  OF  THE  AUTHORITY.  1.  A. ALL CONTRACTS FOR THE
 CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, REHABILITATION,  MAINTENANCE,
 REPAIR, FURNISHING, EQUIPPING OF OR OTHERWISE PROVIDING FOR PARK FACILI-
 TIES FOR THE DEPARTMENT MAY BE AWARDED IN ACCORDANCE WITH THE PROVISIONS
 OF  THIS SECTION, NOTWITHSTANDING THE PROVISIONS OF SECTION EIGHT OF THE
 PUBLIC BUILDINGS LAW, SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL
 LAW, SECTION ONE HUNDRED THIRTY-FIVE OF THE STATE FINANCE  LAW,  SECTION
 SEVEN  OF THE NEW YORK STATE FINANCIAL EMERGENCY ACT FOR THE CITY OF NEW
 YORK OR OF ANY OTHER PROVISION OF GENERAL, SPECIAL OR LOCAL LAW, CHARTER
 OR ADMINISTRATIVE CODE.
   B. THE AUTHORITY SHALL BE SUBJECT TO THE  PROVISIONS  OF  SECTION  ONE
 HUNDRED ONE OF THE GENERAL MUNICIPAL LAW.
   2.  A.  EXCEPT  AS  OTHERWISE  PROVIDED  IN THIS SECTION, ALL PURCHASE
 CONTRACTS FOR SUPPLIES, MATERIALS OR EQUIPMENT  INVOLVING  AN  ESTIMATED
 EXPENDITURE  IN  EXCESS  OF  TEN  THOUSAND DOLLARS AND ALL CONTRACTS FOR
 PUBLIC WORK INVOLVING AN ESTIMATED EXPENDITURE IN EXCESS OF FIFTY  THOU-
 SAND DOLLARS SHALL BE AWARDED BY THE AUTHORITY TO THE LOWEST RESPONSIBLE
 BIDDER  AFTER OBTAINING SEALED BIDS IN THE MANNER HEREINAFTER SET FORTH.
 FOR PURPOSES HEREOF, CONTRACTS FOR PUBLIC WORK SHALL  EXCLUDE  CONTRACTS
 FOR PERSONAL, ENGINEERING AND ARCHITECTURAL, OR PROFESSIONAL SERVICES.
   B. THE AUTHORITY MAY REJECT ALL BIDS AND OBTAIN NEW BIDS IN THE MANNER
 PROVIDED  BY  THIS SECTION WHEN IT DEEMS IT IN THE PUBLIC INTEREST TO DO
 SO OR, IN CASES WHERE TWO OR MORE RESPONSIBLE BIDDERS  SUBMIT  IDENTICAL
 BIDS  WHICH  ARE  THE  LOWEST  BIDS,  AWARD  THE CONTRACT TO ANY OF SUCH
 BIDDERS OR OBTAIN NEW BIDS FROM SUCH BIDDERS. NOTHING HEREIN SHALL OBLI-
 GATE THE AUTHORITY TO SEEK NEW BIDS AFTER THE REJECTION OF BIDS OR AFTER
 CANCELLATION OF AN INVITATION TO BID.  NOTHING  IN  THIS  SECTION  SHALL
 PROHIBIT THE EVALUATION OF BIDS ON THE BASIS OF COSTS OR SAVINGS INCLUD-
 ING  LIFE  CYCLE  COSTS  OF  THE  ITEM  TO  BE PURCHASED, DISCOUNTS, AND
 INSPECTION SERVICES SO LONG AS THE INVITATION  TO  BID  REASONABLY  SETS
 FORTH  THE CRITERIA TO BE USED IN EVALUATING SUCH COSTS OR SAVINGS. LIFE
 CYCLE COSTS MAY INCLUDE BUT SHALL NOT BE LIMITED  TO  COSTS  OR  SAVINGS
 ASSOCIATED  WITH  INSTALLATION,  ENERGY  USE, MAINTENANCE, OPERATION AND
 SALVAGE OR DISPOSAL.
   3. A. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF SUBDIVISION TWO
 OF THIS SECTION, THE AUTHORITY SHALL ESTABLISH GUIDELINES GOVERNING  THE
 QUALIFICATIONS  OF BIDDERS ENTERING INTO CONTRACTS FOR THE CONSTRUCTION,
 RECONSTRUCTION,  IMPROVEMENT,   REHABILITATION,   MAINTENANCE,   REPAIR,
 FURNISHING,  EQUIPPING OF OR OTHERWISE PROVIDING FOR PARK FACILITIES FOR
 THE DEPARTMENT. THE BIDDING MAY BE RESTRICTED TO THOSE WHO  HAVE  QUALI-
 FIED  PRIOR  TO  THE RECEIPT OF BIDS ACCORDING TO STANDARDS FIXED BY THE
 AUTHORITY; PROVIDED, HOWEVER, THAT THE AWARD OF CONTRACTS SHALL, TO  THE
 EXTENT NOT INCONSISTENT WITH THIS PARAGRAPH, BE IN ACCORDANCE WITH PARA-
 GRAPH B OF SUBDIVISION TWO OF THIS SECTION.

 S. 5766                             7
 
   B. IN DETERMINING WHETHER A PROSPECTIVE BIDDER QUALIFIES FOR INCLUSION
 ON A LIST OF PRE-QUALIFIED BIDDERS, THE AUTHORITY SHALL CONSIDER (1) THE
 EXPERIENCE  AND  PAST  PERFORMANCE  OF  THE  PROSPECTIVE BIDDER; (2) THE
 PROSPECTIVE BIDDER'S ABILITY TO UNDERTAKE WORK; AND  (3)  THE  FINANCIAL
 CAPABILITY,  RESPONSIBILITY  AND RELIABILITY OF PROSPECTIVE BIDDERS. THE
 AUTHORITY MAY ALSO CONSIDER SUCH OTHER FACTORS AS IT DEEMS APPROPRIATE.
   C. THE AUTHORITY SHALL, NOT LESS THAN TWICE EACH YEAR, PUBLISH,  IN  A
 NEWSPAPER  OF GENERAL CIRCULATION IN THE CITY OF NEW YORK, AN ADVERTISE-
 MENT REQUESTING PROSPECTIVE BIDDERS TO SUBMIT QUALIFICATION  STATEMENTS.
 LISTS  OF  PRE-QUALIFIED  BIDDERS SHALL BE REVIEWED AND UPDATED NOT LESS
 THAN ANNUALLY BY THE AUTHORITY. THE AUTHORITY SHALL DELETE FROM THE LIST
 OF PRE-QUALIFIED BIDDERS ANY BIDDER WHO HAS FAILED TO PERFORM ADEQUATELY
 OR SATISFACTORILY FOR THE AUTHORITY, THE DEPARTMENT OR ANY OTHER CITY OR
 STATE AGENCY OR AUTHORITY.
   D. LISTS OF PRE-QUALIFIED BIDDERS MAY BE ESTABLISHED ON A PROJECT-SPE-
 CIFIC BASIS; PROVIDED, HOWEVER, THAT ANY SUCH LIST SHALL  HAVE  NO  LESS
 THAN FIVE BIDDERS.
   4.  A. ADVERTISEMENT FOR BIDS, WHEN REQUIRED BY THIS SECTION, SHALL BE
 PUBLISHED AT LEAST ONCE IN A NEWSPAPER OF  GENERAL  CIRCULATION  IN  THE
 CITY  OF NEW YORK. PUBLICATION IN SUCH A NEWSPAPER SHALL NOT BE REQUIRED
 (I) IF BIDS FOR CONTRACTS FOR SUPPLIES, MATERIALS OR EQUIPMENT ARE OF  A
 TYPE REGULARLY PURCHASED BY THE AUTHORITY AND ARE TO BE SOLICITED FROM A
 LIST  OF  POTENTIAL  SUPPLIERS,  IF  SUCH  LIST IS OR HAS BEEN DEVELOPED
 CONSISTENT WITH THE PROVISIONS OF SUBDIVISION SIX  OF  THIS  SECTION  OR
 (II)  IF  BIDS  ARE TO BE SOLICITED FROM A LIST OF PRE-QUALIFIED BIDDERS
 PURSUANT TO THE PROVISIONS OF PARAGRAPH D OF SUBDIVISION THREE  OF  THIS
 SECTION.  ANY  SUCH  ADVERTISEMENT SHALL CONTAIN A STATEMENT OF THE TIME
 AND PLACE WHERE ALL BIDS  RECEIVED  PURSUANT  TO  SUCH  NOTICE  WILL  BE
 PUBLICLY  OPENED  AND  READ. AT LEAST FOURTEEN DAYS SHALL ELAPSE BETWEEN
 THE FIRST PUBLICATION OF SUCH ADVERTISEMENT OR THE SOLICITATION OF BIDS,
 AS THE CASE MAY BE, AND THE DATE OF OPENING AND READING OF BIDS.
   B. THE AUTHORITY MAY DESIGNATE ANY OFFICER OR  EMPLOYEE  TO  OPEN  THE
 BIDS  AT  THE  TIME AND PLACE BIDS ARE TO BE OPENED AND MAY DESIGNATE AN
 OFFICER TO AWARD THE CONTRACT TO THE  LOWEST  RESPONSIBLE  BIDDER.  SUCH
 DESIGNEE  SHALL MAKE A RECORD OF ALL BIDS IN SUCH FORM AND DETAIL AS THE
 AUTHORITY SHALL PRESCRIBE. ALL BIDS RECEIVED SHALL  BE  PUBLICLY  OPENED
 AND  READ AT THE TIME AND PLACE SPECIFIED IN THE ADVERTISEMENT OR AT THE
 TIME OF SOLICITATION, OR TO WHICH THE  OPENING  AND  READING  HAVE  BEEN
 ADJOURNED  BY  THE  AUTHORITY. ALL BIDDERS SHALL BE NOTIFIED OF THE TIME
 AND PLACE OF ANY SUCH ADJOURNMENT.
   5. NOTWITHSTANDING THE FOREGOING,  THE  AUTHORITY  MAY  BY  RESOLUTION
 APPROVED  BY  A VOTE OF ITS MEMBERS DECLARE (I) THAT COMPETITIVE BIDDING
 FOR NON-CONSTRUCTION CONTRACTS IS IMPRACTICAL OR  INAPPROPRIATE  BECAUSE
 OF  THE  EXISTENCE  OF ANY OF THE CIRCUMSTANCES HEREINAFTER SET FORTH OR
 (II) THAT COMPETITIVE BIDDING FOR CONSTRUCTION CONTRACTS IS  IMPRACTICAL
 OR INAPPROPRIATE BECAUSE OF THE EXISTENCE OF THE CIRCUMSTANCES SET FORTH
 IN PARAGRAPH A OF THIS SUBDIVISION. THEREAFTER THE AUTHORITY MAY PROCEED
 TO  AWARD  CONTRACTS WITHOUT COMPLYING WITH THE REQUIREMENTS OF SUBDIVI-
 SION TWO OR THREE OF THIS SECTION. IN  EACH  CASE  WHERE  THE  AUTHORITY
 DECLARES  COMPETITIVE  BIDDING  IMPRACTICAL  OR  INAPPROPRIATE, IT SHALL
 STATE THE REASON THEREFOR IN WRITING AND SUMMARIZE ANY NEGOTIATIONS THAT
 HAVE BEEN CONDUCTED AND SHALL BE MADE AVAILABLE UPON REQUEST. EXCEPT FOR
 CONTRACTS AWARDED PURSUANT TO PARAGRAPHS A, B AND C OF THIS SUBDIVISION,
 THE AUTHORITY SHALL NOT AWARD ANY CONTRACT PURSUANT TO THIS  SUBDIVISION
 EARLIER  THAN  THIRTY DAYS FROM THE DATE ON WHICH THE AUTHORITY DECLARES

 S. 5766                             8
 
 THAT COMPETITIVE BIDDING IS IMPRACTICAL  OR  INAPPROPRIATE.  COMPETITIVE
 BIDDING MAY ONLY BE DECLARED IMPRACTICAL OR INAPPROPRIATE WHERE:
   A.  THE  EXISTENCE OF AN EMERGENCY INVOLVING DANGER TO LIFE, SAFETY OR
 PROPERTY REQUIRES IMMEDIATE ACTION AND CANNOT AWAIT COMPETITIVE  BIDDING
 OR  THE  ITEM TO BE PURCHASED IS ESSENTIAL TO EFFICIENT OPERATION OR THE
 ADEQUATE PROVISION OF SERVICE BY THE CITY BOARD OR THE AUTHORITY AND  AS
 A  CONSEQUENCE  OF  UNFORESEEN  CIRCUMSTANCE  SUCH PURCHASE CANNOT AWAIT
 COMPETITIVE BIDDING;
   B. THE AUTHORITY RECEIVES NO RESPONSIVE BIDS OR ONLY A SINGLE  RESPON-
 SIVE BID IN RESPONSE TO AN INVITATION FOR COMPETITIVE BIDS;
   C. THE ITEM IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR
 AND  (I)  ANOTHER  PUBLIC  AUTHORITY  PROVIDED THAT SUCH OTHER AUTHORITY
 UTILIZED A PROCESS OF COMPETITIVE BIDDING OR A  PROCESS  OF  COMPETITIVE
 REQUESTS  FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (II) THE DEPARTMENT,
 OR (III) THE STATE OF NEW YORK, OR (IV) THE CITY OF NEW  YORK,  PROVIDED
 THAT IN ANY CASE WHEN UNDER THIS PARAGRAPH THE AUTHORITY DETERMINES THAT
 OBTAINING  SUCH  ITEM  THEREBY  WOULD BE IN THE PUBLIC INTEREST AND SETS
 FORTH THE REASON FOR SUCH DETERMINATION. THE AUTHORITY SHALL ACCEPT SOLE
 RESPONSIBILITY FOR ANY PAYMENT DUE THE VENDOR AS A RESULT OF THE AUTHOR-
 ITY'S ORDER; OR
   D. THE AUTHORITY DETERMINES THAT IT IS IN THE PUBLIC INTEREST TO AWARD
 CONTRACTS PURSUANT TO A PROCESS FOR COMPETITIVE REQUESTS  FOR  PROPOSALS
 AS  HEREINAFTER  SET  FORTH. FOR PURPOSES OF THIS SECTION, A PROCESS FOR
 COMPETITIVE REQUESTS FOR PROPOSALS SHALL MEAN  A  METHOD  OF  SOLICITING
 PROPOSALS AND AWARDING A CONTRACT ON THE BASIS OF A FORMAL EVALUATION OF
 THE  CHARACTERISTICS,  SUCH  AS  QUALITY,  COST,  DELIVERY  SCHEDULE AND
 FINANCING OF SUCH PROPOSALS AGAINST STATED  SELECTION  CRITERIA.  PUBLIC
 NOTICE  OF  THE REQUESTS FOR PROPOSALS SHALL BE GIVEN IN THE SAME MANNER
 AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION AND SHALL  INCLUDE  THE
 SELECTION  CRITERIA.  IN THE EVENT THE AUTHORITY MAKES A MATERIAL CHANGE
 IN THE SELECTION CRITERIA FROM THOSE PREVIOUSLY STATED IN THE NOTICE, IT
 WILL INFORM ALL PROPOSERS OF SUCH CHANGE AND PERMIT PROPOSERS TO  MODIFY
 THEIR PROPOSALS.
   (I) THE AUTHORITY MAY AWARD A CONTRACT PURSUANT TO THIS PARAGRAPH ONLY
 AFTER A RESOLUTION APPROVED BY A VOTE OF ITS MEMBERS AT A PUBLIC MEETING
 OF THE AUTHORITY WITH SUCH RESOLUTION (A) DISCLOSING THE OTHER PROPOSERS
 AND  THE  SUBSTANCE  OF THEIR PROPOSALS, (B) SUMMARIZING THE NEGOTIATION
 PROCESS INCLUDING THE OPPORTUNITIES, IF ANY, AVAILABLE TO  PROPOSERS  TO
 PRESENT  AND  MODIFY THEIR PROPOSALS, AND (C) SETTING FORTH THE CRITERIA
 UPON WHICH THE SELECTION WAS MADE.
   (II) NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE  (A)  NEGOTI-
 ATIONS  WITH  ANY  PROPOSERS  FOLLOWING  THE RECEIPT OF RESPONSES TO THE
 REQUEST FOR PROPOSALS OR (B) THE REJECTION OF ANY OR  ALL  PROPOSALS  AT
 ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT
 NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION.
   6.  UPON  THE  ADOPTION  OF A RESOLUTION BY THE AUTHORITY STATING, FOR
 REASONS OF EFFICIENCY, ECONOMY, COMPATIBILITY OR  MAINTENANCE  RELIABIL-
 ITY,  THAT THERE IS A NEED FOR STANDARDIZATION, THE AUTHORITY MAY ESTAB-
 LISH PROCEDURES WHEREBY PARTICULAR SUPPLIES, MATERIALS OR EQUIPMENT  ARE
 IDENTIFIED  ON  A QUALIFIED PRODUCTS LIST. SUCH PROCEDURES SHALL PROVIDE
 FOR PRODUCTS OR VENDORS TO BE ADDED TO OR DELETED  FROM  SUCH  LIST  AND
 SHALL INCLUDE PROVISIONS FOR PUBLIC ADVERTISEMENT OF THE MANNER IN WHICH
 SUCH  LISTS  ARE  COMPILED. THE AUTHORITY SHALL REVIEW SUCH LIST NO LESS
 THAN TWICE  A  YEAR  FOR  THE  PURPOSE  OF  MAKING  SUCH  MODIFICATIONS.
 CONTRACTS  FOR PARTICULAR SUPPLIES, MATERIALS OR EQUIPMENT IDENTIFIED ON
 A QUALIFIED PRODUCTS LIST MAY BE AWARDED BY THE AUTHORITY TO THE  LOWEST

 S. 5766                             9
 
 RESPONSIBLE  BIDDER  AFTER OBTAINING SEALED BIDS IN ACCORDANCE WITH THIS
 SECTION OR WITHOUT COMPETITIVE SEALED BIDS IN INSTANCES WHEN THE ITEM IS
 AVAILABLE FROM ONLY A SINGLE  SOURCE,  EXCEPT  THAT  THE  AUTHORITY  MAY
 DISPENSE  WITH  ADVERTISING PROVIDED THAT IT MAILS COPIES OF THE INVITA-
 TION TO BID TO ALL VENDORS OF  THE  PARTICULAR  ITEM  ON  THE  QUALIFIED
 PRODUCTS LIST.
   7.  THE  AUTHORITY  SHALL  COMPILE  A  LIST  OF  POTENTIAL  SOURCES OF
 SUPPLIES, MATERIALS OR  EQUIPMENT  REGULARLY  PURCHASED.  THE  AUTHORITY
 SHALL,  BY  RESOLUTION,  SET  FORTH THE PROCEDURES IT HAS ESTABLISHED TO
 IDENTIFY NEW SOURCES AND TO NOTIFY SUCH NEW SOURCES OF  THE  OPPORTUNITY
 TO  BID  FOR CONTRACTS FOR THE PURCHASE OF SUPPLIES, MATERIALS OR EQUIP-
 MENT. SUCH PROCEDURES SHALL INCLUDE, BUT NOT BE LIMITED  TO  ADVERTISING
 IN TRADE JOURNALS.
   8.  THE  AUTHORITY SHALL BE SUBJECT TO THE PROVISIONS OF SECTION TWEN-
 TY-EIGHT HUNDRED SEVENTY-NINE OF THIS CHAPTER IN AWARDING CONTRACTS  FOR
 PERSONAL SERVICES.
   9.  THE  BOARD SHALL, BY RESOLUTION, ESTABLISH PROCEDURES FOR THE FAIR
 AND EQUITABLE RESOLUTION OF CONTRACT DISPUTES. PRIOR TO  THE  ESTABLISH-
 MENT OF SUCH POLICY, THE BOARD SHALL PUBLISH IN APPROPRIATE PUBLICATIONS
 A  NOTICE  OF  SUCH  POLICY  AND INVITE COMMENT FROM INTERESTED PARTIES,
 INCLUDING, BUT NOT LIMITED TO REPRESENTATIVES OF CONSTRUCTION  ORGANIZA-
 TIONS.  SUCH  NOTICE  SHALL  ALSO  STATE  THAT THE AUTHORITY WILL HOLD A
 PUBLIC HEARING TO CONSIDER THE POLICY AT A SPECIFIED TIME AND PLACE ON A
 DATE NOT LESS THAN TEN DAYS AFTER SUCH PUBLICATION,  AND  THE  AUTHORITY
 SHALL CONDUCT THE PUBLIC HEARING PURSUANT TO SUCH NOTICE.
   10. THE PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW SHALL BE APPLICA-
 BLE TO ALL CONTRACTS ENTERED INTO DIRECTLY OR INDIRECTLY BY THE AUTHORI-
 TY.
   11.  THE PROVISIONS OF SUBDIVISION ONE OF SECTION ONE HUNDRED SIX-B OF
 THE GENERAL MUNICIPAL LAW SHALL APPLY TO THE AUTHORITY, PROVIDED, HOWEV-
 ER, THAT THE AUTHORITY MAY RETAIN UP TO FOUR  TIMES  THE  VALUE  OF  ANY
 REMAINING ITEMS TO BE COMPLETED.
   §  1768.  FUNDING  OF  THE AUTHORITY. 1. EACH YEAR THE AUTHORITY SHALL
 PREPARE AND THE BOARD SHALL ADOPT AN ITEMIZED ESTIMATE  OF  THE  SUM  OF
 MONEY  IT  DEEMS  NECESSARY FROM THE DEPARTMENT TO COVER THE AUTHORITY'S
 OPERATING EXPENSES FOR THE ENSUING FISCAL YEAR. SUCH ESTIMATE SHALL TAKE
 INTO ACCOUNT ANY PRIOR YEAR'S SURPLUS AND  SHALL  BE  DELIVERED  TO  THE
 DEPARTMENT  FOR  REVIEW AT LEAST TEN BUSINESS DAYS PRIOR TO THE DATE FOR
 SUBMISSION OF THE DEPARTMENT'S ANNUAL ESTIMATE AND SHALL BE INCLUDED  AS
 PART  OF  SUCH  DEPARTMENT  ESTIMATE.  UPON  APPROPRIATION OF THE CITY'S
 EXPENSE BUDGET FOR SUCH ENSUING FISCAL YEAR, THE AMOUNT OF THE  AUTHORI-
 TY'S ESTIMATE SHALL BE PAID TO THE AUTHORITY BY THE CITY IN TWELVE EQUAL
 PAYMENTS,  EACH  PAYABLE  ON  THE  FIRST DAY OF EACH MONTH OF THE FISCAL
 YEAR. THE AUTHORITY SHALL NOT BE REQUIRED TO PRESENT  ANY  VOUCHERS  FOR
 SUCH  PAYMENTS,  BUT SHALL ISSUE QUARTERLY REPORTS NOT LATER THAN THIRTY
 DAYS AFTER THE END OF EACH  QUARTER  COMPARING  ACTUAL  EXPENDITURES  TO
 ESTIMATED  EXPENDITURES  AND  ANALYZING  ANY  SIGNIFICANT VARIANCES. THE
 AUTHORITY SHALL DEVELOP PROCEDURES TO ENSURE THAT  IT  OPERATES  AT  ALL
 TIMES  WITHIN  THE AMOUNTS PAYABLE TO IT PURSUANT TO THIS SECTION, AFTER
 TAKING INTO ACCOUNT FUNDS AVAILABLE TO THE AUTHORITY  FOR  SUCH  PURPOSE
 FROM  SOURCES  OTHER  THAN  THE CITY. EXPENDITURES OF THE AUTHORITY FROM
 FUNDS PAID TO IT BY THE CITY SHALL BE SUBJECT  TO  AUDIT  BY  THE  COMP-
 TROLLER,  WHO  MAY RECOMMEND PROCEDURES DESIGNED TO IMPROVE THE AUTHORI-
 TY'S ACCOUNTING AND EXPENDITURE CONTROL EXPENDITURES. IN THE  EVENT  THE
 AUTHORITY'S  CASH  FLOW  PROJECTIONS REQUIRE THAT FUNDS BE ADVANCED MORE
 RAPIDLY DURING A FISCAL YEAR THAN WOULD OCCUR PURSUANT  TO  THE  PAYMENT

 S. 5766                            10
 
 DATES  SET  FORTH  IN  THIS SECTION, THE AUTHORITY SHALL ADVISE THE CITY
 BOARD, THE DIRECTOR OF MANAGEMENT AND BUDGET AND THE COMPTROLLER OF SUCH
 REQUIREMENT. SUCH OFFICIALS SHALL, IN CONSULTATION WITH  THE  AUTHORITY,
 DEVELOP  A  SCHEDULE  OF  ADVANCE  PAYMENTS TO THE AUTHORITY DESIGNED TO
 COVER PROJECTED CASH SHORTFALLS DURING A FISCAL YEAR AND TO PROVIDE  THE
 AUTHORITY  WITH  CASH  BALANCES AT ALL TIMES SUFFICIENT TO PERMIT PROMPT
 PAYMENT OF THE AUTHORITY'S CREDITORS.
   2. THE AUTHORITY SHALL PRESENT VOUCHERS FOR PAYMENT OF COSTS  INCURRED
 FOR  PROJECTS THE DETAILED SCOPE OF WHICH APPROVAL HAS BEEN OBTAINED AND
 FOR ACTIVITIES FOR WHICH NO SUCH SCOPE APPROVAL IS REQUIRED TO THE COMP-
 TROLLER, WHICH VOUCHERS SHALL CONTAIN THE FOLLOWING  INFORMATION:    THE
 AMOUNTS  TO  BE  PAID;  THE PAYEES; THE PROJECT OR PURPOSE FOR WHICH THE
 COSTS WERE INCURRED; A STATEMENT THAT THE AMOUNTS TO BE PAID ARE  WITHIN
 CITY CAPITAL BUDGET APPROPRIATIONS AVAILABLE THEREFOR; AND, WITH RESPECT
 TO PROJECTS FOR WHICH SCOPE APPROVAL HAS BEEN OBTAINED, A STATEMENT THAT
 THE  AMOUNTS  TO  BE  PAID  ARE IN ACCORDANCE WITH SUCH APPROVED PROJECT
 SCOPE. THE AUTHORITY SHALL NOT BE REQUIRED  TO  FURNISH  ANY  ADDITIONAL
 INFORMATION  PRIOR TO PAYMENT OF A VOUCHER PURSUANT TO THIS SUBDIVISION,
 AND THE COMPTROLLER IS HEREBY  AUTHORIZED  AND  DIRECTED  TO  TAKE  SUCH
 ACTIONS AS MAY BE NECESSARY TO MAKE SUCH PAYMENT.
   3.  THE  AUTHORITY  SHALL  NOT  BE  DEEMED A "COVERED ORGANIZATION" AS
 DEFINED IN THE NEW YORK STATE FINANCIAL EMERGENCY ACT FOR  THE  CITY  OF
 NEW YORK.
   §  1769. CIVIL SERVICE. 1. A. THE AUTHORITY, FOR THE PURPOSE OF ADMIN-
 ISTERING THE STATE CIVIL SERVICE LAW, SHALL BE DEEMED TO BE A  MUNICIPAL
 COMMISSION  PROVIDED, HOWEVER, THAT (I) THE AUTHORITY MAY ELECT TO DELE-
 GATE THE ADMINISTRATION OF ANY OR ALL OF THE  PROVISIONS  OF  THE  CIVIL
 SERVICE  LAW,  EXCEPT ARTICLE FOURTEEN OF SUCH LAW, TO THE DEPARTMENT OF
 PERSONNEL OF THE CITY OF NEW YORK WITH RESPECT TO TITLES ESTABLISHED  AT
 THE  AUTHORITY  AND WHICH THE CITY HAS ALSO ESTABLISHED AND PROMULGATES;
 (II) THE CIVIL SERVICE COMMISSION OF THE CITY OF NEW YORK SHALL EXERCISE
 ON BEHALF OF THE AUTHORITY THE POWERS  AND  DUTIES  OF  REVIEW  ASSIGNED
 UNDER  SECTIONS FIFTY, SEVENTY-TWO, AND SEVENTY-SIX OF THE CIVIL SERVICE
 LAW; AND (III) THE NEW YORK CITY OFFICE  OF  ADMINISTRATIVE  TRIALS  AND
 HEARINGS  WILL  BE  DESIGNATED  THE  HEARING OFFICE AND SHALL CONDUCT ON
 BEHALF OF THE AUTHORITY SUCH HEARINGS AS ARE REQUIRED BY SECTIONS SEVEN-
 TY-ONE, SEVENTY-TWO, SEVENTY-THREE, SEVENTY-FIVE AND EIGHTY-ONE  OF  THE
 CIVIL SERVICE LAW.
   B. IN THE EVENT THE AUTHORITY ELECTS TO DELEGATE ADMINISTRATION OF ANY
 OR  ALL OF THE PROVISIONS OF THE CIVIL SERVICE LAW PURSUANT TO PARAGRAPH
 A OF THIS SUBDIVISION, THE CITY DEPARTMENT OF PERSONNEL SHALL ENTER INTO
 A CONTRACT WITH SUCH AUTHORITY FOR THE RENDITION OF SUCH SERVICES.   THE
 AUTHORITY  SHALL  COMPENSATE THE CITY OF NEW YORK FOR SUCH SERVICES ONLY
 WITH RESPECT TO SUCH SERVICES RENDERED FOR OR ON BEHALF OF THE  AUTHORI-
 TY. IF THE CITY OF NEW YORK AND THE AUTHORITY CANNOT AGREE ON THE AMOUNT
 OF  SUCH COMPENSATION, THE CITY COMPTROLLER SHALL DETERMINE THE FAIR AND
 REASONABLE VALUE OF SUCH SERVICES AND THE AUTHORITY SHALL PAY  SUCH  SUM
 TO THE CITY OF NEW YORK.
   2.  A.  ANY PERSON ON AN ELIGIBLE LIST FOR A POSITION WITH THE DEPART-
 MENT IN EFFECT ON THE EFFECTIVE DATE OF THIS  TITLE  SHALL  CONTINUE  TO
 HOLD  SUCH POSITION ON SUCH LIST AND SHALL BE ENTITLED TO THE SAME CIVIL
 SERVICE RIGHTS.
   B. THE AUTHORITY SHALL CONTINUE TO  USE  ANY  NEW  OR  EXISTING  CIVIL
 SERVICE LISTS PROMULGATED BY THE CITY DEPARTMENT OF PERSONNEL UNTIL SUCH
 TIME AS SUCCESSOR TITLES ARE ESTABLISHED.

 S. 5766                            11
 
   3. WITH RESPECT TO PERSONS EMPLOYED BY THE DEPARTMENT ON THE EFFECTIVE
 DATE  OF  THIS SECTION, THE AUTHORITY AND THE DEPARTMENT SHALL BE DEEMED
 TO BE THE SAME PUBLIC EMPLOYER ONLY FOR PURPOSES OF TRANSFER OF  EMPLOY-
 MENT  UNDER THE CIVIL SERVICE LAW. NO CIVIL SERVICE RIGHT OF AN EMPLOYEE
 OF  THE CITY BOARD EMPLOYED ON THE EFFECTIVE DATE OF THIS TITLE SHALL BE
 LOST, IMPAIRED OR AFFECTED BY REASON OF THE ENACTMENT  OF  THIS  SECTION
 INTO LAW.
   4.  A  TRIPARTITE PANEL SHALL BE ESTABLISHED, CONSISTING OF ONE PERSON
 REPRESENTING THE AUTHORITY,  ONE  PERSON  REPRESENTING  THE  APPROPRIATE
 PUBLIC  EMPLOYEE  ORGANIZATION AND AN IMPARTIAL PERSON SELECTED BY THESE
 REPRESENTATIVES. THIS PANEL SHALL HEAR COMPLAINTS FILED BY  SUCH  PUBLIC
 EMPLOYEE ORGANIZATION WITH RESPECT TO THE CREATION AND CLASSIFICATION OF
 NEW  TITLES  AND SHALL RENDER NON-BINDING WRITTEN RECOMMENDATIONS TO THE
 PUBLIC EMPLOYEE ORGANIZATION AND THE AUTHORITY PRIOR TO THE PUBLIC HEAR-
 ING REQUIRED OF A MUNICIPAL CIVIL SERVICE COMMISSION PURSUANT TO SECTION
 TWENTY OF THE CIVIL SERVICE  LAW,  PROVIDED  THAT  THE  HEARING  OF  THE
 TRIPARTITE PANEL SHALL BE EXPEDITED SO AS TO AVOID DELAY.
   §  1770.  RETIREMENT OF EMPLOYEES. EMPLOYEES OF THE AUTHORITY SHALL BE
 ELIGIBLE TO JOIN THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM PURSUANT
 TO THE USUAL RULES OF THAT SYSTEM, PROVIDED THAT A NEW EMPLOYEE WHO UPON
 APPOINTMENT BY OR TRANSFER TO THE AUTHORITY IS A MEMBER OF THE NEW  YORK
 CITY  EMPLOYEES  RETIREMENT  SYSTEM  MAY REMAIN A MEMBER OF THE NEW YORK
 CITY EMPLOYEES RETIREMENT SYSTEM IF, WITHIN NINETY DAYS OF THE EFFECTIVE
 DATE OF THE TRANSFER TO OR APPOINTMENT BY THE  AUTHORITY,  THE  EMPLOYEE
 EXERCISES  AN  ELECTION  TO DO SO. FURTHERMORE, THE RETIREMENT RIGHTS OF
 EMPLOYEES OF THE DEPARTMENT EMPLOYED ON THE EFFECTIVE DATE OF THIS TITLE
 SHALL NOT BE IMPAIRED BY REASON OF THE ENACTMENT OF THIS TITLE INTO LAW.
   § 1771. COLLECTIVE NEGOTIATION.  1. FOR THE PURPOSE OF  ARTICLE  FOUR-
 TEEN  OF  THE CIVIL SERVICE LAW, THE AUTHORITY SHALL BE DEEMED TO BE THE
 PUBLIC EMPLOYER AND AS SUCH SHALL NEGOTIATE WITH AND ENTER INTO  WRITTEN
 AGREEMENTS  WITH  EMPLOYEE  ORGANIZATIONS  REPRESENTING THE STAFF OF THE
 AUTHORITY THAT HAVE BEEN CERTIFIED OR RECOGNIZED UNDER SUCH ARTICLE.  IN
 CARRYING ON SUCH NEGOTIATIONS, THE AUTHORITY SHALL CONSULT WITH AND SEEK
 ASSISTANCE  FROM THE OFFICE OF LABOR RELATIONS AND COLLECTIVE BARGAINING
 OF THE CITY BOARD AND THE  NEW  YORK  CITY  OFFICE  OF  MUNICIPAL  LABOR
 RELATIONS. THE STATE PUBLIC EMPLOYMENT RELATIONS BOARD SHALL HAVE EXCLU-
 SIVE  JURISDICTION  FOR  THE  PURPOSE OF ADMINISTERING THE PROVISIONS OF
 SUCH ARTICLE AND THE PROVISIONS OF SECTION TWO HUNDRED  TWELVE  OF  SUCH
 ARTICLE SHALL NOT BE APPLICABLE TO ANY SUCH NEGOTIATIONS.
   2. EMPLOYEES TRANSFERRED FROM THE DEPARTMENT TO THE AUTHORITY SHALL BE
 INCLUDED  IN  AN APPROPRIATE EMPLOYER-EMPLOYEE NEGOTIATING UNIT PURSUANT
 TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW EXCEPT FOR THOSE  EMPLOYEES
 WHO  ARE  DESIGNATED  MANAGERIAL  OR  CONFIDENTIAL. WITH RESPECT TO SUCH
 EMPLOYEES, THE  EXISTING  PUBLIC  EMPLOYEE  ORGANIZATION  RECOGNIZED  OR
 CERTIFIED  TO  REPRESENT  THE EMPLOYEES OF THE EXISTING NEGOTIATING UNIT
 SHALL BE RECOGNIZED AS THE REPRESENTATIVE FOR THE  NEGOTIATING  UNIT  OF
 THE AUTHORITY.
   3.  FUTURE  ALTERATIONS OF THE NEGOTIATING UNIT SHALL BE MADE PURSUANT
 TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
   4. A. THE AUTHORITY SHALL CONSULT WITH THE APPROPRIATE PUBLIC EMPLOYEE
 ORGANIZATION ON THE ESTABLISHMENT OF, AND BARGAIN ALL TERMS  AND  CONDI-
 TIONS OF, ANY NEW TITLES IT ESTABLISHES WHICH HAVE A COMMUNITY OF INTER-
 EST  WITH TITLES ALREADY REPRESENTED BY THE PUBLIC EMPLOYEE ORGANIZATION
 WHICH PRESENTLY HAS  REPRESENTATION  RIGHTS  FOR  THOSE  TITLES  AT  THE
 DEPARTMENT OR AT THE CITY OF NEW YORK.

 S. 5766                            12
 
   B. ANY SUCH TITLES FOR WHICH TERMS AND CONDITIONS ARE BARGAINED PURSU-
 ANT  TO  PARAGRAPH A OF THIS SUBDIVISION SHALL BE DEEMED TO BE SUCCESSOR
 TITLES WITHIN THE MEANING OF APPLICABLE LAW AND, SO LONG AS THE  RESPON-
 SIBILITIES  OF  EMPLOYEES  IN THESE TITLES ARE REASONABLY RELATED TO THE
 RESPONSIBILITIES OF EMPLOYEES CURRENTLY REPRESENTED BY A PUBLIC EMPLOYEE
 ORGANIZATION,  SHALL  BE  ACCRETED TO THE APPROPRIATE BARGAINING CERTIF-
 ICATES FOR WHICH SUCH PUBLIC EMPLOYEE ORGANIZATION SHALL BE  VOLUNTARILY
 RECOGNIZED  AS  THE  BARGAINING AGENT UNDER PROCEDURES ACCEPTABLE TO THE
 STATE PUBLIC EMPLOYMENT RELATIONS BOARD.
   § 1772. USE OF OUTSIDE DESIGN, DRAFTING OR INSPECTION SERVICES. 1. ALL
 DESIGN, DRAFTING OR INSPECTION SERVICES NECESSARY IN CONNECTION WITH THE
 APPROVED PARK FACILITIES CAPITAL PLAN SHALL BE PERFORMED BY  APPROPRIATE
 EMPLOYEES  OF  THE  AUTHORITY,  EXCEPT  AS  OTHERWISE  PROVIDED  IN THIS
 SECTION.
   2. A. THE AUTHORITY WILL UNDERTAKE  DESIGN,  DRAFTING  AND  INSPECTION
 SERVICES  WITH  EMPLOYEES  OF  THE AUTHORITY SO THAT NOT LESS THAN FORTY
 PERCENT OF SUCH WORK PERFORMED WILL BE SO UNDERTAKEN.
   B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
 DESIGN,  DRAFTING  AND  INSPECTION  SERVICES MAY BE PERFORMED BY PERSONS
 OTHER THAN EMPLOYEES OF THE AUTHORITY IN ANY GIVEN FISCAL YEAR WHEN  THE
 AMOUNT OF SERVICES ALLOWED TO BE PERFORMED BY PERSONS OTHER THAN EMPLOY-
 EES OF THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION HAVE
 BEEN EXHAUSTED FOR THAT FISCAL YEAR, AND WHEN:
   (1)  PERFORMANCE  BY  PERSONS OTHER THAN EMPLOYEES OF THE AUTHORITY IS
 NECESSARY TO AVOID A CONFLICT OF INTEREST,  AS  DEFINED  IN  REGULATIONS
 PROMULGATED BY THE AUTHORITY, AND IS A DIRECT CONSEQUENCE OF AN ACCIDENT
 OR OTHER UNFORESEEN CIRCUMSTANCE; OR
   (2)  (A)  CURRENT EMPLOYEES OF THE AUTHORITY ARE OTHERWISE ENGAGED AND
 CANNOT BE REASSIGNED TO PERFORM THE SERVICES; (B) NEW  EMPLOYEES  CANNOT
 BE HIRED WITHIN A REASONABLE TIME TO PERFORM SUCH SERVICES; AND (C) SUCH
 SERVICES ARE NEEDED IN CONNECTION WITH WORK UNDERTAKEN IN RESPONSE TO AN
 EMERGENCY. FOR PURPOSES OF THIS SUBPARAGRAPH, THE TERM "EMERGENCY" SHALL
 MEAN  A  SITUATION  INVOLVING  DANGER  TO LIFE, SAFETY OR PROPERTY WHICH
 REQUIRES IMMEDIATE ACTION, IS ESSENTIAL TO EFFICIENT  OPERATION  OR  THE
 ADEQUATE PROVISION OF SERVICE BY THE DEPARTMENT OR THE AUTHORITY, AND IS
 A DIRECT CONSEQUENCE OF AN ACCIDENT OR OTHER UNFORESEEN CIRCUMSTANCE.
   3.  A.  DESIGN,  DRAFTING  OR  INSPECTION  SERVICES  ABOVE THE MINIMUM
 PERCENTAGES RESERVED FOR EMPLOYEES OF THE AUTHORITY  PURSUANT  TO  PARA-
 GRAPH  A  OF  SUBDIVISION  TWO OF THIS SECTION MAY BE PERFORMED BY OTHER
 THAN APPROPRIATE EMPLOYEES OF THE AUTHORITY IF TO  DO  SO  IS  (I)  COST
 EFFECTIVE,  (II)  REQUIRED  TO  OBTAIN  SPECIAL  EXPERTISE NOT AVAILABLE
 THROUGH THE APPROPRIATE EMPLOYEES OF THE AUTHORITY,  (III)  REQUIRED  TO
 PERFORM  A  SERVICE  OF  SHORT  DURATION, (IV) REQUIRED TO RESPOND TO AN
 EMERGENCY, OR (V) REQUIRED TO AVOID A CONFLICT OF INTEREST.
   B. PRIOR TO EXECUTING A CONTRACT FOR DESIGN,  DRAFTING  OR  INSPECTION
 SERVICES  PURSUANT  TO  PARAGRAPH  A  OF THIS SUBDIVISION, THE AUTHORITY
 SHALL PREPARE A SPECIFIC STATEMENT WHICH SETS FORTH THE  OBJECTIVE  DATA
 SUPPORTING  THE  REASONS  WHY THE PROPOSED CONTRACT MEETS ONE OR MORE OF
 THE REQUIREMENTS SET FORTH IN SUCH PARAGRAPH. WHERE USE OF THE  CONTRACT
 IS  STATED  TO BE IN COMPLIANCE WITH SUBPARAGRAPH (I) OF SUCH PARAGRAPH,
 SUCH STATEMENT SHALL INCLUDE CERTIFICATION THAT THE  CONTRACT  WILL  NOT
 CAUSE THE DISPLACEMENT OF AUTHORITY EMPLOYEES.
   C.  (1)  PRIOR  TO  THE SCHEDULED AWARD OF THE CONTRACT PROPOSED TO BE
 AWARDED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, THE AUTHORITY SHALL
 PROVIDE ALL EMPLOYEE ORGANIZATIONS THAT  REPRESENT  AUTHORITY  EMPLOYEES
 WHO  WOULD  OTHERWISE  PERFORM  SUCH  WORK  WITH COPIES OF THE STATEMENT

 S. 5766                            13
 
 RENDERED PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION  AND  THE  PROPOSED
 CONTRACT  SO  THAT  EACH  SUCH EMPLOYEE ORGANIZATION SHALL HAVE AT LEAST
 FIFTEEN DAYS TO OBJECT TO THE PROPOSED CONTRACT. ANY EMPLOYEE  ORGANIZA-
 TION WHICH PROVIDES A TIMELY WRITTEN NOTICE OF OBJECTION AND THE REASONS
 THEREFOR  SHALL,  UNLESS THE AUTHORITY AGREES IN WRITING TO WITHDRAW THE
 PROPOSED CONTRACT, BE PERMITTED TO BE HEARD BY THE AUTHORITY'S  TRUSTEES
 PRIOR TO THE AWARD OF THE CONTRACT.
   (2)  NOTWITHSTANDING  THE PROVISIONS CONTAINED WITHIN SUBPARAGRAPH ONE
 OF THIS PARAGRAPH, THE EMPLOYEE ORGANIZATION MAY BE PROVIDED  LESS  THAN
 THE  REQUIRED  FIFTEEN  DAYS TO OBJECT TO THE PROPOSED CONTRACT WHEN THE
 CONTRACT IS REQUIRED TO RESPOND TO AN EMERGENCY AS DEFINED  IN  SUBPARA-
 GRAPH  TWO  OF PARAGRAPH B OF SUBDIVISION TWO OF THIS SECTION; PROVIDED,
 HOWEVER, THAT ALL OTHER PROVISIONS OF SUCH CLAUSE SHALL BE OBSERVED.
   4. NO LATER THAN TEN DAYS PRIOR TO THE DATE SET BY  THE  CITY  CHARTER
 FOR  THE  HOLDING  OF  HEARINGS ON THE MAYOR'S ANNUAL PRELIMINARY BUDGET
 STATEMENTS FOR CAPITAL PROJECTS, THE AUTHORITY SHALL  PREPARE  A  REPORT
 SPECIFYING THE PROJECTS FROM THE APPROVED PARK FACILITIES PLAN WHICH THE
 AUTHORITY PLANS TO COMMIT TO DURING THE NEXT FISCAL YEAR. IF THE AUTHOR-
 ITY  INTENDS  TO CONTRACT FOR DESIGN, DRAFTING OR INSPECTION SERVICES IN
 CONNECTION WITH ANY PROJECT SO SPECIFIED, THE REPORT SHALL FURTHER SPEC-
 IFY (I) FOR WHICH PROJECTS THE SERVICES ARE NEEDED;  (II)  THE  TYPE  OF
 SERVICES  TO  BE PROVIDED PURSUANT TO CONTRACT; (III) THE ESTIMATED COST
 OF THE CONTRACT; AND (IV)  THE  REASON  OR  REASONS  WHY  AWARD  OF  THE
 CONTRACT  IS CONSISTENT WITH THIS SUBDIVISION. THE REPORT SHALL BE FILED
 IN THE AUTHORITY'S OFFICE AND WITH THE DEPARTMENT, AND SHALL  BE  AVAIL-
 ABLE  TO  THE PUBLIC UPON REQUEST. THE AUTHORITY SHALL FILE REVISIONS TO
 THE REPORT SO AS TO PROVIDE ADVANCE NOTICE OF NOT LESS THAN THIRTY  DAYS
 OF  ADDITIONAL  PROJECTS  THAT THE AUTHORITY PLANS TO UNDERTAKE ON WHICH
 THE AUTHORITY INTENDS TO CONTRACT FOR  DESIGN,  DRAFTING  OR  INSPECTION
 SERVICES.  SUCH  REVISIONS  SHALL  BE IN ACCORDANCE WITH THE CRITERIA OF
 THIS SUBDIVISION. SUCH REVISIONS SHALL ALSO IDENTIFY PROJECTS WHICH  THE
 AUTHORITY INCLUDED IN ITS REPORT BUT WHICH THE AUTHORITY DOES NOT INTEND
 TO  PURSUE  IN THE APPLICABLE FISCAL YEAR. THE AUTHORITY SHALL FILE SUCH
 REVISIONS IN THE AUTHORITY'S OFFICE AND WITH THE  DEPARTMENT,  AND  SUCH
 REVISIONS SHALL BE AVAILABLE TO THE PUBLIC UPON REQUEST. SUCH REPORT AND
 REVISIONS  SHALL NOT PRECLUDE THE AUTHORITY FROM ENTERING INTO CONTRACTS
 OR UNDERTAKING PROJECTS.
   5. NOTHING HEREIN SHALL BE DEEMED TO CREATE A CAUSE OF ACTION  AGAINST
 THE  AUTHORITY CHALLENGING THE BOARD'S DETERMINATION TO AWARD A CONTRACT
 PURSUANT TO SUBDIVISION THREE OF THIS SECTION,  EXCEPT  TO  CHALLENGE  A
 FAILURE  BY  THE  AUTHORITY  TO ADHERE TO THE PROCESS SET FORTH IN PARA-
 GRAPHS B AND C OF SUBDIVISION THREE OF THIS SECTION.
   § 1773. DEPOSIT AND INVESTMENT OF MONEYS  OF  THE  AUTHORITY.  1.  THE
 AUTHORITY  MAY ESTABLISH AND MAINTAIN FUNDS FOR THE PURPOSE OF RECEIVING
 AND EXPENDING MONEYS RECEIVED BY THE AUTHORITY.
   2. ALL MONEYS OF THE AUTHORITY FROM WHATEVER SOURCE DERIVED  SHALL  BE
 PAID  TO  THE  AUTHORITY  AND SHALL BE DEPOSITED IN ACCOUNTS HELD IN THE
 AUTHORITY'S NAME IN THE BANK OR BANKS IN THE  STATE  DESIGNATED  BY  THE
 AUTHORITY.  THE  MONEYS  IN SUCH ACCOUNTS SHALL BE PAID OUT ON CHECKS OF
 THE AUTHORITY UPON REQUISITION BY THE CHAIRPERSON OR SUCH OTHER  OFFICER
 OR OFFICERS AS THE AUTHORITY MAY AUTHORIZE TO MAKE SUCH REQUISITIONS.
   3. ANY MONEYS ON DEPOSIT IN THE ACCOUNTS OF THE AUTHORITY NOT REQUIRED
 FOR  IMMEDIATE  EXPENDITURE  SHALL BE INVESTED IN OBLIGATIONS IN WHICH A
 MUNICIPALITY MAY BE AUTHORIZED TO  INVEST  IN  ACCORDANCE  WITH  SECTION
 ELEVEN  OF THE GENERAL MUNICIPAL LAW, PROVIDED, HOWEVER, THAT SUCH FUNDS

 S. 5766                            14
 
 SHALL NOT BE INVESTED IN INSTRUMENTS COMMONLY KNOWN AS REPURCHASE AGREE-
 MENTS.
   4.  THE AUTHORITY SHALL PROVIDE THE CITY WITH RECORDS AND OTHER INFOR-
 MATION REGARDING (I) THE NATURE OF WORK  PERFORMED  BY  THE  AUTHORITY'S
 EMPLOYEES  SO AS TO ENABLE THE CITY TO DETERMINE THE EXTENT TO WHICH THE
 COST OF SUCH SERVICES MAY BE TREATED AS CAPITAL COSTS OF  THE  CITY  AND
 THE  PARK FACILITIES TO WHICH SUCH COSTS PERTAIN AND (II) THE INVESTMENT
 OF FUNDS RECEIVED FROM THE CITY SO AS TO ENABLE THE CITY TO COMPLY  WITH
 THE  REQUIREMENTS OF FEDERAL TAX LAWS AND PRESERVE THE TAX-EXEMPT STATUS
 OF OBLIGATIONS ISSUED BY THE CITY. THE AUTHORITY  SHALL  COOPERATE  WITH
 THE  CITY  IN  ALL RESPECTS TO ENSURE THAT ALL INVESTMENTS ARE MADE IN A
 MANNER THAT PRESERVES THE TAX-EXEMPT STATUS OF SUCH OBLIGATIONS.
   § 1774. EXEMPTION OF  THE  AUTHORITY.  1.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF LAW, ANY REAL OR PERSONAL PROPERTY, WHILE OWNED OR SUBJECT
 TO ANY RIGHTS OF THE AUTHORITY, SHALL BE EXEMPT FROM ALL TAXES,  SPECIAL
 ASSESSMENTS  AND  SPECIAL  AD VALOREM LEVIES AND FROM THE PAYMENT OF ANY
 AND ALL CHARGES, RENTS OR OTHER PAYMENTS TO THE CITY, OTHER THAN CHARGES
 FOR SERVICES PROVIDED BY THE CITY'S WATER AND SEWER  SYSTEMS.  IN  ADDI-
 TION, ANY IN REM ACTIONS OR PROCEEDINGS BROUGHT AGAINST SUCH PROPERTY BY
 THE CITY OR ANY OTHER ACTIONS OR PROCEEDINGS CONCERNING ANY OF THE ABOVE
 BROUGHT  AGAINST  THE  AUTHORITY  BY  THE  CITY, AND ANY SUCH ACTIONS OR
 PROCEEDINGS SHALL BE VOID AND SHALL BE SUBJECT TO DISMISSAL UPON  APPLI-
 CATION  OF THE AUTHORITY AT THE SOLE EXPENSE OF THE CITY OF NEW YORK. IN
 NO INSTANCE SHALL TITLE TO ANY SUCH PROPERTY PASS TO  THE  CITY  OF  NEW
 YORK  EXCEPT  BY  DEED OR OTHER APPROPRIATE DOCUMENT OF SALE, RELEASE OR
 CONVEYANCE EXECUTED BY THE AUTHORITY.
   2. DEBTS OF THE AUTHORITY SHALL NOT BE CONSIDERED DEBTS OF  THE  STATE
 OR DEBTS OF THE CITY.
   §  1775.  EQUAL EMPLOYMENT OPPORTUNITY PROGRAM AND MINORITY AND WOMEN-
 OWNED BUSINESS ENTERPRISE PROGRAM. 1. NOTWITHSTANDING ANY  OTHER  INCON-
 SISTENT  PROVISION  OF  LAW,  SECTIONS 8-107 AND 6-108.1 OF THE ADMINIS-
 TRATION CODE OF THE CITY OF NEW YORK SHALL APPLY TO  THE  ACTIVITIES  OF
 THE AUTHORITY.
   2.  A. THE PROVISIONS OF SECTION 6-108.1 OF THE ADMINISTRATIVE CODE OF
 THE CITY OF NEW YORK WITH RESPECT TO THE AWARD OF CONTRACTS  TO  LOCALLY
 BASED ENTERPRISES SHALL APPLY TO CONTRACTS ENTERED INTO BY THE AUTHORITY
 PROVIDED,  HOWEVER, THE AUTHORITY SHALL EXERCISE THE POWERS OF THE MAYOR
 SET FORTH IN SUCH SECTION WITH RESPECT TO: THE ESTABLISHMENT  OF  PROCE-
 DURES  FOR  THE CERTIFICATION OF BUSINESSES; THE APPROVAL OR GRANTING OF
 WAIVERS OF THE REQUIREMENTS OF SUCH SECTION; THE PROMULGATION  OF  RULES
 AND  REGULATIONS  FOR THE PURPOSE OF IMPLEMENTING THE PROVISIONS OF SUCH
 SECTION; AND THE SUBMISSION OF ANNUAL REPORTS  CONCERNING  THE  ADMINIS-
 TRATION  OF  THE  PROGRAM ESTABLISHED PURSUANT TO SUCH SECTION. NOTWITH-
 STANDING THE FOREGOING, THE LIMITATION ON GROSS  RECEIPTS  OF  QUALIFIED
 LOCALLY  BASED ENTERPRISES SET FORTH IN CLAUSE (A) OF SUBDIVISION SIX OF
 PARAGRAPH A OF SECTION 6-108.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF
 NEW YORK MAY BE RAISED BY THE AUTHORITY  UPON  A  DETERMINATION  THAT  A
 HIGHER  LIMITATION  IS  NECESSARY TO MEET THE GOALS OF THE LOCALLY BASED
 ENTERPRISE PROGRAM.
   B. THE AUTHORITY SHALL ESTABLISH AND IMPLEMENT  REASONABLE  PROCEDURES
 TO SECURE THE MEANINGFUL PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSI-
 NESS ENTERPRISES IN ITS PROCUREMENT PROCESS.
   3. THE PROVISIONS OF EXECUTIVE ORDER FIFTY OF THE MAYOR OF THE CITY OF
 NEW YORK, DATED APRIL TWENTY-FIFTH, NINETEEN HUNDRED EIGHTY, AS AMENDED,
 SHALL  APPLY  TO  CONTRACTS  OF  THE  AUTHORITY  UNLESS  AND  UNTIL SUCH
 PROVISIONS ARE REVOKED, PROVIDED, HOWEVER, THAT  WITH  RESPECT  TO  SUCH

 S. 5766                            15
 
 ORDER,  OR  ANY OTHER PROGRAM CONCERNING EQUAL EMPLOYMENT OPPORTUNITY OR
 AFFIRMATIVE ACTION TO WHICH CONTRACTS ENTERED INTO BY THE AUTHORITY  ARE
 SUBJECT, SUCH PROGRAM SHALL BE ADMINISTERED BY AN OFFICER OF THE AUTHOR-
 ITY  DESIGNATED  BY THE AUTHORITY, AND NO OTHER AGENCY SHALL HAVE JURIS-
 DICTION OVER THE COMPLIANCE BY THE AUTHORITY WITH  THE  REQUIREMENTS  OF
 ANY SUCH PROGRAM.
   §  1776.  CLAIMS  AND  ACTIONS AGAINST THE AUTHORITY.  1. EXCEPT IN AN
 ACTION FOR WRONGFUL DEATH, NO ACTION OR PROCEEDING SHALL  BE  PROSECUTED
 OR  MAINTAINED  AGAINST THE AUTHORITY, OR ANY MEMBER, OFFICER, AGENT, OR
 EMPLOYEE THEREOF, FOR PERSONAL INJURY OR  DAMAGE  TO  REAL  OR  PERSONAL
 PROPERTY  ALLEGED  TO HAVE BEEN SUSTAINED BY REASON OF THE NEGLIGENCE OR
 WRONGFUL ACT OF THE AUTHORITY OR OF ANY SUCH MEMBER, OFFICER,  AGENT  OR
 EMPLOYEE  THEREOF,  OR FOR ANY OTHER ALLEGED TORT OF THE AUTHORITY OR OF
 SUCH MEMBER, OFFICER, AGENCY OR EMPLOYEE THEREOF, UNLESS  (I)  IT  SHALL
 APPEAR  BY AND AS AN ALLEGATION IN THE COMPLAINT OR MOVING PAPERS THAT A
 NOTICE OF CLAIM SHALL HAVE BEEN MADE  AND  SERVED  UPON  THE  AUTHORITY,
 WITHIN  THE  TIME  LIMIT  PRESCRIBED  BY  AND IN COMPLIANCE WITH SECTION
 FIFTY-E OF THE GENERAL MUNICIPAL LAW, AND THAT AT LEAST THIRTY DAYS HAVE
 ELAPSED SINCE THE SERVICE OF SUCH NOTICE AND THAT ADJUSTMENT OR  PAYMENT
 THEREOF HAS BEEN NEGLECTED OR REFUSED, AND (II) THE ACTION OR PROCEEDING
 SHALL BE COMMENCED WITHIN ONE YEAR AFTER THE HAPPENING OF THE EVENT UPON
 WHICH  THE  CLAIM IS BASED. AN ACTION AGAINST THE AUTHORITY FOR WRONGFUL
 DEATH SHALL BE COMMENCED IN ACCORDANCE WITH THE NOTICE OF CLAIM AND TIME
 LIMITATION PROVISIONS OF TITLE ELEVEN OF ARTICLE NINE OF THIS CHAPTER.
   2. NO ACTION OR PROCEEDING FOR ANY CAUSE WHATEVER, OTHER THAN THE  ONE
 FOR  PERSONAL  INJURY,  DEATH,  PROPERTY  DAMAGE OR TORT, WHICH SHALL BE
 GOVERNED BY SUBDIVISION ONE OF THIS SECTION,  RELATING  TO  THE  DESIGN,
 CONSTRUCTION,   RECONSTRUCTION,   IMPROVEMENT,  REHABILITATION,  REPAIR,
 FURNISHING OR EQUIPPING OF EDUCATIONAL FACILITIES, SHALL  BE  PROSECUTED
 OR  MAINTAINED  AGAINST  THE AUTHORITY OR ANY MEMBER, OFFICER, AGENT, OR
 EMPLOYEE THEREOF, UNLESS (I) IT SHALL APPEAR BY AND AS AN ALLEGATION  IN
 THE  COMPLAINT  OR  MOVING  PAPERS,  THAT  A DETAILED, WRITTEN, VERIFIED
 NOTICE OF EACH CLAIM UPON WHICH ANY PART OF SUCH ACTION OR PROCEEDING IS
 FOUNDED WAS PRESENTED TO THE BOARD WITHIN THREE MONTHS AFTER THE ACCRUAL
 OF SUCH CLAIM, THAT AT LEAST THIRTY DAYS HAVE ELAPSED SINCE SUCH  NOTICE
 WAS  SO  PRESENTED  AND THAT THE AUTHORITY OR THE OFFICER OR BODY HAVING
 THE POWER TO ADJUST OR PAY SAID CLAIM HAS NEGLECTED OR REFUSED  TO  MAKE
 AN  ADJUSTMENT  OR  PAYMENT  THEREOF,  AND (II) THE ACTION OR PROCEEDING
 SHALL HAVE BEEN COMMENCED WITHIN ONE YEAR AFTER  THE  HAPPENING  OF  THE
 EVENT  UPON  WHICH  THE  CLAIM IS BASED; PROVIDED, HOWEVER, THAT NOTHING
 CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO MODIFY OR SUPERSEDE ANY
 PROVISION OF LAW OR CONTRACT SPECIFYING A  SHORTER  PERIOD  OF  TIME  IN
 WHICH  TO  COMMENCE  SUCH  ACTION OR PROCEEDING, OR TO EXCUSE COMPLIANCE
 WITH ANY OTHER CONDITIONS REQUIRED BY CONTRACT TO BE SATISFIED PRIOR  TO
 THE  COMMENCEMENT OF SUCH ACTION OR PROCEEDING. IN THE CASE OF AN ACTION
 OR SPECIAL PROCEEDING FOR MONIES DUE ARISING OUT OF CONTRACT, ACCRUAL OF
 SUCH CLAIM SHALL BE DEEMED TO HAVE OCCURRED AS OF THE DATE  PAYMENT  FOR
 THE AMOUNT CLAIMED WAS DENIED.
   3.  THE  NOTICE OF EACH CLAIM PRESENTED PURSUANT TO SUBDIVISION TWO OF
 THIS SECTION MUST SET FORTH IN DETAIL WITH RESPECT TO  SUCH  CLAIM;  (I)
 THE AMOUNT OF THE CLAIM; (II) A SPECIFIC AND DETAILED DESCRIPTION OF THE
 GROUNDS  FOR  THE CLAIM, RELATING THE DOLLAR AMOUNT CLAIMED TO THE EVENT
 PURPORTEDLY GIVING RISE TO THE  CLAIM  AND  INDICATING  HOW  THE  DOLLAR
 AMOUNT IS ARRIVED AT; AND (III) THE DATE OF THE EVENT ALLEGEDLY UNDERLY-
 ING THE CLAIM.

 S. 5766                            16
 
   4.  THE  AUTHORITY  SHALL HAVE POWER TO SETTLE OR ADJUST ALL CLAIMS IN
 FAVOR OF OR AGAINST THE AUTHORITY.
   5.  WHENEVER  A  NOTICE OF CLAIM IS SERVED UPON THE AUTHORITY ALLEGING
 PERSONAL INJURY, IT SHALL HAVE THE RIGHT TO DEMAND A  PHYSICAL  EXAMINA-
 TION  OF THE CLAIMANT RELATIVE TO THE OCCURRENCE AND EXTENT OF THE INJU-
 RIES OR DAMAGES  FOR  WHICH  CLAIM  IS  MADE,  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF SECTION FIFTY-H OF THE GENERAL MUNICIPAL LAW.
   6.  THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY JUDGMENT
 FOR WHICH IT IS LIABLE, SHALL NOT EXCEED THE RATE OF INTEREST  ON  JUDG-
 MENTS  AND  ACCRUED CLAIMS AGAINST MUNICIPAL CORPORATIONS AS PROVIDED IN
 THE GENERAL MUNICIPAL LAW FROM TIME TO TIME.
   § 1777. LIMITED LIABILITY. NEITHER THE MEMBERS OF THE  BOARD  NOR  ANY
 OFFICERS  OR  EMPLOYEE  OF THE AUTHORITY ACTING ON BEHALF THEREOF, WHILE
 ACTING WITHIN THE SCOPE OF SUCH PERSON'S AUTHORITY, SHALL BE SUBJECT  TO
 ANY  LIABILITY  RESULTING  FROM CARRYING OUT ANY OF THE POWERS EXPRESSLY
 GIVEN IN THIS TITLE. A TRUSTEE, OFFICER OR  EMPLOYEE  OF  THE  AUTHORITY
 SHALL BE DEEMED AN "EMPLOYEE" FOR THE PURPOSES OF SECTION FIFTY-K OF THE
 GENERAL  MUNICIPAL LAW, PROVIDED, HOWEVER, THAT ANY TRUSTEE APPOINTED BY
 THE GOVERNOR OR ANY EMPLOYEE OF THE STATE SHALL BE DEEMED AN  "EMPLOYEE"
 FOR  THE PURPOSES OF SECTION EIGHTEEN OF THE PUBLIC OFFICERS LAW FOR ANY
 ACTIONS RELATING TO THEIR ACTIVITIES  AS  A  TRUSTEE  OF  THE  AUTHORITY
 CREATED BY THIS TITLE.
   §  1778. AUDIT, ANNUAL AND QUARTERLY REPORTS. 1.  THE AUTHORITY SHALL,
 WITHIN ONE HUNDRED TWENTY DAYS OF THE END OF  THE  CITY'S  FISCAL  YEAR,
 SUBMIT  TO  THE  GOVERNOR,  THE  TEMPORARY  PRESIDENT OF THE SENATE, THE
 SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, THE MINORITY
 LEADER OF THE ASSEMBLY, THE CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES
 ON CORPORATIONS, AUTHORITIES AND COMMISSIONS, THE CHAIRMAN OF THE SENATE
 COMMITTEE ON INVESTIGATIONS, TAXATION, AND  GOVERNMENT  OPERATIONS,  THE
 CHAIRMAN  OF THE ASSEMBLY COMMITTEE ON OVERSIGHT, ANALYSIS, AND INVESTI-
 GATIONS, THE MAYOR AND THE DEPARTMENT A REPORT ON ITS OPERATIONS  DURING
 SUCH FISCAL YEAR. AN ANNUAL AUDIT OF THE AUTHORITY SHALL BE CONDUCTED BY
 AN  INDEPENDENT  CERTIFIED  PUBLIC ACCOUNTANT, AND THE AUTHORITY'S INDE-
 PENDENTLY AUDITED FINANCIAL STATEMENTS SHALL BE INCLUDED IN THIS REPORT.
   2. THE AUTHORITY SHALL, ON THE LAST DAY OF APRIL, JULY,  OCTOBER,  AND
 JANUARY,  SUBMIT  TO  ALL  PERSONS  SET FORTH IN SUBDIVISION ONE OF THIS
 SECTION A REPORT DETAILING THE EXTENT OF COMPLETION OF ALL PROJECTS  FOR
 CONSTRUCTION,  RECONSTRUCTION, IMPROVEMENT, REHABILITATION, MAINTENANCE,
 REPAIR, FURNISHING, EQUIPPING OF OR OTHERWISE PROVIDING FOR PARK FACILI-
 TIES FOR THE DEPARTMENT, INCLUDING, BY PROJECT, IDENTIFIED SHORTFALLS IN
 SCHEDULE PERFORMANCE AND PROVIDING EXPLANATION FOR SUCH SHORTFALLS. SUCH
 REPORTS SHALL DETAIL THE EXTENT OF COMPLETION AS EXISTED ON THE LAST DAY
 OF THE MONTH PRECEDING EACH REPORT, RESPECTIVELY.
   § 1779. EFFECT OF INCONSISTENT PROVISIONS. INSOFAR AS  THE  PROVISIONS
 OF  THIS  TITLE  ARE  INCONSISTENT WITH THE PROVISIONS OF ANY OTHER LAW,
 GENERAL, SPECIAL OR LOCAL OR OF THE CITY CHARTER OR ANY LOCAL LAW, ORDI-
 NANCE OR RESOLUTION OF THE CITY, THE PROVISION OF THIS  TITLE  SHALL  BE
 CONTROLLING,  PROVIDED  THAT  NOTHING CONTAINED IN THIS SECTION SHALL BE
 HELD TO SUPPLEMENT OR OTHERWISE EXPAND  THE  POWERS  OR  DUTIES  OF  THE
 AUTHORITY OTHERWISE SET FORTH IN THIS TITLE.
   § 1780. INVESTIGATIONS. THE DEPARTMENT OF INVESTIGATION OF THE CITY OF
 NEW  YORK  SHALL BE AUTHORIZED TO CONDUCT INVESTIGATIONS RELATING TO THE
 AUTHORITY PURSUANT TO CHAPTER THIRTY-FOUR OF THE NEW YORK CITY CHARTER.
   § 2. The opening paragraph of section 533 of the New York  city  char-
 ter,  as  amended by a vote of the people of the city of New York at the

 S. 5766                            17
 
 general election held in  November  of  1989,  is  amended  to  read  as
 follows:
   Except  with  respect  to  the functions of the board of education and
 except as otherwise provided by TITLE SEVEN  OF  ARTICLE  EIGHT  OF  THE
 PUBLIC  AUTHORITIES  LAW OR ANY OTHER INCONSISTENT PROVISION OF law, the
 commissioner shall have the power and it shall be his or her duty:
   § 3. Paragraphs 4, 5, 6, 7 and 8 of subdivision a of  section  533  of
 the New York city charter, paragraphs 4, 6 and 7 as amended by a vote of
 the  people  of  the  city  of  New York at the general election held in
 November of 1989, paragraph 5 as added by local law number 7 of the city
 of New York for the year 1976, paragraph 8 as amended by a vote  of  the
 people  of the city of New York at the general election held in November
 of 1988, are amended to read as follows:
   4. to plant and maintain trees and to [construct,] erect and establish
 [seats,] drinking fountains, statues and works of art in any place with-
 in his or her jurisdiction[, and to determine when and  where  lamps  or
 lighting  appliances  shall be placed and lighted therein and the design
 thereof];
   5. to authorize and regulate the use of and  the  projections  on  and
 determine the line or curb [and the surface construction] of all streets
 and  avenues  lying  within any park, square or public place or within a
 distance of three hundred fifty feet from the outer boundaries thereof;
   6. to maintain buildings and structures now or  hereafter  erected  or
 established in any park, square, public place or playground under his or
 her  jurisdiction  [and to carry out and perform existing contracts with
 corporations or institutions for the  construction  and  maintenance  of
 such buildings and structures];
   7.  to  provide the necessary instruments, furniture and equipment for
 the several buildings and structures within his or her jurisdiction [and
 to develop and improve the same subject to the  provisions  of  law  and
 existing contracts];
   8.  to  have  the  management,  direction and control of all [real or]
 personal property granted, devised, bequeathed or conveyed to  the  city
 for the extension, improvement or ornamentation of the parks, squares or
 public  places  in  the  city  [or for the establishment or maintenance,
 within the limits of any such park, square or  public  place,  of  play-
 grounds,  other  recreational properties and other facilities within the
 department's jurisdiction and] upon such trusts and conditions as may be
 prescribed by the grantors or donors thereof and accepted by the commis-
 sioner, or proposed by the commissioner and accepted by the grantors  or
 donors thereof;
   §  4. Paragraph 1 of subdivision b of section 533 of the New York city
 charter, as added by local law number 7 of the city of New York for  the
 year 1976, is amended to read as follows:
   1.  to  plan[,  acquire, construct, improve] and manage facilities for
 the recreation of the public;
   § 5. This act shall take effect immediately.