S T A T E O F N E W Y O R K
________________________________________________________________________
9524
I N A S S E M B L Y
March 16, 2022
___________
Introduced by M. of A. NIOU -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the appoint-
ment of members of the Battery Park city authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 1973 of the public authorities
law, as amended by chapter 63 of the laws of 2018, is amended to read as
follows:
(1) There is hereby created the battery park city authority which
shall be a body corporate and politic, constituting a public benefit
corporation. Its membership shall consist of seven members to be
appointed by the governor with the advice and consent of the senate. One
of the members first appointed shall serve for a term ending four years
from January first next succeeding his appointment; one of such members
shall serve for a term ending five years from such date; and one of such
members shall serve for a term ending six years from such date.
Provided, however, that two board members first appointed on or after
the effective date of chapter seven hundred sixty-six of the laws of two
thousand five shall serve an initial term of two years; provided further
that two other board members first appointed on or after the effective
date of chapter seven hundred sixty-six of the laws of two thousand five
shall serve an initial term of four years. Their successors shall serve
for terms of six years each. Members shall continue in office until
their successors have been appointed and qualified and the provisions of
section thirty-nine of the public officers law shall apply; PROVIDED,
HOWEVER, NO MEMBER SHALL CONTINUE TO SERVE IN OFFICE FOR A PERIOD LONGER
THAN SIXTY DAYS AFTER THE EXPIRATION OF HIS OR HER TERM. ANY MEMBER
CURRENTLY SERVING IN AN EXPIRED TERM UPON THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO THAT AMENDED THIS SUBDI-
VISION SHALL CONTINUE TO SERVE FOR A PERIOD OF SIXTY DAYS AFTER SUCH
EFFECTIVE DATE OR UNTIL THE APPOINTMENT AND QUALIFICATION OF HIS OR HER
SUCCESSOR, WHICHEVER IS EARLIER. In the event of a vacancy occurring in
the office of a member by death, resignation or otherwise, the governor
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14901-04-2
A. 9524 2
shall appoint a successor with the advice and consent of the senate to
serve for the balance of the unexpired term. THE GOVERNOR SHALL APPOINT
A SUCCESSOR TO FILL ANY VACANCY WITH THE ADVICE AND CONSENT OF THE
SENATE NO LATER THAN SIXTY DAYS AFTER SUCH VACANCY OCCURS. After the
effective date of the chapter of the laws of two thousand [seventeen]
TWENTY-TWO that amended this subdivision, if the membership of the
corporation is such that less than [two] A MAJORITY of the members are
residents of Battery Park city as described by the Battery Park project
area defined by subdivision five of section nineteen hundred seventy-two
of this title, any appointments made shall be residents of Battery Park
city. Appointments shall continue in such a manner until [two] A MAJORI-
TY of the members of the corporation are residents of Battery Park city.
Thereafter, [two] A MAJORITY of the corporation's members shall be resi-
dents of Battery Park city. ANY MEMBER APPOINTED ON THE BASIS OF BEING
A RESIDENT OF BATTERY PARK CITY SHALL RESIGN SUCH MEMBERSHIP UPON CEAS-
ING TO BE A RESIDENT OF BATTERY PARK CITY. FOR THE PURPOSES OF THIS
SUBDIVISION, "RESIDENT" SHALL MEAN A MEMBER'S PRIMARY RESIDENCE IS
LOCATED IN BATTERY PARK CITY.
§ 2. This act shall take effect immediately.