S T A T E O F N E W Y O R K ________________________________________________________________________ 6103 2011-2012 Regular Sessions I N A S S E M B L Y March 7, 2011 ___________ Introduced by M. of A. KELLNER -- read once and referred to the Commit- tee on Corporations, Authorities and Commissions AN ACT to amend chapter 899 of the laws of 1984, relating to the creation of the Roosevelt Island operating corporation, 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: 1 Section 1. Chapter 899 of the laws of 1984, relating to the creation 2 of the Roosevelt Island operating corporation, subdivision 2 of section 3 3 as amended by chapter 766 of the laws of 2005, subdivision 5 of 4 section 3 as amended by chapter 55 of the laws of 1992, section 8 as 5 amended by chapter 770 of the laws of 1988, paragraph 2 of subdivision a 6 of section 8 as amended by chapter 804 of the laws of 1990 and section 7 10-a as added by chapter 493 of the laws of 2002, is amended to read as 8 follows: 9 Section 1. LEGISLATIVE DECLARATION. The legislature hereby finds, 10 determines and declares that: (a) the city of New York and the New York 11 state urban development corporation have entered into a lease and 12 related agreements providing for the urban development corporation to 13 use its statutory powers to create on Roosevelt Island a new community 14 which would retain and heighten the benefits of urban living while 15 preserving a sense of scale and open space for Roosevelt Island resi- 16 dents and New York city as a whole; (b) the urban development corpo- 17 ration [has] AND ITS SUCCESSORS HAVE constructed the first [phase] PHAS- 18 ES of the island's development, including public facilities, pursuant to 19 a general development plan for Roosevelt Island, [which plan is being] 20 updated [and] FROM TIME TO TIME, WHICH PLAN contemplates significant 21 future development on the island, including the provision of additional 22 housing, commercial, civic, recreational and other facilities; (c) [it 23 is in the public interest for] the urban development corporation [to 24 transfer] HAS TRANSFERRED all of its rights and obligations with respect EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00400-02-1 A. 6103 2 1 to the development, operation and supervision of both such existing and 2 such proposed development to a public benefit corporation which [shall 3 be] HAS BEEN under the supervision of the commissioner of housing and 4 community renewal; and (d) it is in the public interest that [such a] 5 THE public benefit corporation plan, design, develop, operate, maintain 6 and manage Roosevelt Island, [that such corporation] AND have vested in 7 it such powers as are necessary or convenient to effectuate those func- 8 tions and that the division of housing and community renewal be author- 9 ized to assist such corporation in the performance of its duties with 10 respect to Roosevelt Island. 11 S 2. DEFINITIONS. As used in this act, the following terms shall have 12 the following meanings: 13 1. "City" shall mean the city of New York. 14 2. "Commissioner" shall mean the commissioner of housing and community 15 renewal. 16 3. "Corporation" shall mean the Roosevelt Island operating corpo- 17 ration created by section three of this act. 18 4. "Development subleases" shall mean (a) the sublease dated August 19 [first, nineteen hundred eighty] 1, 1980 between the urban development 20 corporation and the city, (b) the ground lease, dated October [thirti- 21 eth, nineteen hundred seventy-two] 30, 1972, between the urban develop- 22 ment corporation and North Town Phase II Houses, Inc., (c) the ground 23 lease, dated April [twenty-fifth, nineteen hundred seventy-three] 25, 24 1973, between the urban development corporation and North Town Phase III 25 Houses, Inc., [and] (d) the restated ground lease, dated November [thir- 26 tieth, nineteen hundred seventy-seven] 30, 1977, between the urban 27 development corporation and Rivercross Tenants' Corporation, (E) THE 28 GROUND LEASE BETWEEN THE CORPORATION AND MANHATTAN PARK DATED AUGUST 4, 29 1986, (F) THE GROUND LEASE BETWEEN THE CORPORATION AND RELATED AND 30 HUDSON COMPANIES DATED DECEMBER 21, 2001, (G) THE SUBLEASE BETWEEN THE 31 CORPORATION AND MEPT OCTAGON, LLC DATED NOVEMBER 3, 2004, AND (H) ALL 32 OTHER RELATED LEASES. 33 5. "Division" shall mean the New York state division of housing and 34 community renewal. 35 6. "Lease" shall mean the lease, dated December [twenty-third, nine- 36 teen hundred sixty-nine] 23, 1969, as heretofore or hereafter amended, 37 among the city of New York, the New York state urban development corpo- 38 ration and the Roosevelt Island development corporation, pursuant to 39 which the city leased substantially all of Roosevelt Island to the New 40 York state urban development corporation for development substantially 41 in accordance with the development plan referred to therein. 42 7. "Roosevelt Island" shall mean the island located in the East 43 River, city and county of New York, extending from approximately fifti- 44 eth street to eighty-sixth street in Manhattan. 45 8. "Safe affordable housing for everyone, inc." shall mean the New 46 York corporation organized under article [six-A] 6-A of the private 47 housing finance law and under the supervision and control of the commis- 48 sioner. 49 9. "Tramway franchise" shall mean the franchise for the Roosevelt 50 Island tramway granted by the city to the urban development corporation 51 on February [nineteenth, nineteen hundred seventy-four] 19, 1974. 52 10. "Urban development corporation" shall mean the New York state 53 urban development corporation AND ANY SUCCESSOR AGENCY. 54 S 3. ESTABLISHMENT OF CORPORATION; ORGANIZATION OF BOARD. 1. To effec- 55 tuate the purposes and provisions of this act, there is hereby created 56 the "Roosevelt Island operating corporation", which shall be a body A. 6103 3 1 corporate and politic constituting a public benefit corporation and a 2 political subdivision of the state of New York. 3 2. The board of directors of the corporation shall be composed of nine 4 members. One member shall be the commissioner, who shall serve as the 5 chair; one member shall be the director of the budget; and seven public 6 members shall be appointed by the governor [with], ONE UPON the [advice 7 and consent] RECOMMENDATION of the [senate. Of the seven public 8 members,] TEMPORARY PRESIDENT OF THE STATE SENATE, ONE UPON THE RECOM- 9 MENDATION OF THE SPEAKER OF THE STATE ASSEMBLY, two members[, one of 10 whom shall be a resident of Roosevelt Island, shall be appointed] upon 11 the recommendation of the mayor of the city[; and four additional]. FIVE 12 OF THE PUBLIC members shall be residents of Roosevelt Island AND THE 13 APPOINTMENT OF SUCH MEMBERS SHALL BE SUBJECT TO THE ADVICE AND CONSENT 14 OF THE SENATE. Each member shall serve for a term of [four] THREE years 15 and until [his or her] A successor shall have been appointed and shall 16 have qualified, except that (a) two of the initial public members 17 appointed by the governor, one of whom is a resident of Roosevelt 18 Island, and the Roosevelt Island resident member appointed upon the 19 recommendation of the mayor of the city shall serve for terms of two 20 years each, and (b) the commissioner and the director of the budget 21 shall serve so long as they continue to hold their respective offices. 22 Any action taken by the directors of the corporation shall be taken by 23 majority vote of the directors then in office. The elected public offi- 24 cials who represent Roosevelt Island shall be representatives to the 25 board of directors of the corporation entitled to receive notice of and 26 attend all meetings of such board AND BE PROVIDED WITH ALL INFORMATION 27 RECEIVED BY THE MEMBERS FOR ALL AGENDA ITEMS but shall not be entitled 28 to vote. Failure to give such notice shall not [effect] AFFECT the 29 validity of any action taken at a meeting of such board. ALL MEETINGS 30 OF THE BOARD OF DIRECTORS OR ANY COMMITTEE OF THE BOARD SHALL BE SUBJECT 31 TO THE OPEN MEETINGS LAW. AT EVERY MEETING OF THE BOARD OF DIRECTORS, 32 THERE SHALL BE AN OPPORTUNITY FOR THE PUBLIC TO COMMENT ON THE MEETING'S 33 AGENDA ITEMS BEFORE ANY VOTE BY THE BOARD OF DIRECTORS ON THOSE ITEMS. 34 3. The governor may fill any vacancy which occurs on the board of 35 directors of the corporation in a manner consistent with the original 36 appointment. Any member of the corporation may be removed by the gover- 37 nor for cause, but not without an opportunity to be heard, in person or 38 by counsel, in his OR HER defense, upon not less than ten days' written 39 notice. 40 4. The commissioner and the director of the budget may each designate 41 an officer or employee of his OR HER respective division to represent 42 such member at meetings of the corporation. Such designation shall be by 43 written notice filed with the [chairman] CHAIR or the secretary of the 44 corporation by the member making the designation, and may be revoked at 45 any time by similar notice. Any representative so designated shall have 46 the power to attend and to vote at any meeting of the corporation from 47 which the member making the designation is absent with the same force 48 and effect as if the member making the designation were present and 49 voting. No such designation shall limit the right of the member making 50 the designation to attend and vote in person at any meeting of the 51 corporation. 52 5. A member of the corporation who is not an officer or employee of 53 the state or the city shall not receive a salary or other compensation, 54 but shall be entitled to reimbursement for actual and necessary expenses 55 incurred in the performance of official duties as a member. A member of 56 the corporation who is not an officer or employee of the state or the A. 6103 4 1 city may engage in private employment, or in a profession or business, 2 unless otherwise prohibited by law from doing so. Notwithstanding any 3 other provision of law, general, special, or local, no officer or 4 employee of the state or any civil division thereof shall be deemed to 5 have forfeited, or shall forfeit such office of employment because of 6 acceptance of membership in the corporation, or by virtue of being an 7 officer, employee or agent thereof. 8 S 4. POWERS OF CORPORATION. The corporation's powers shall be limited 9 to carrying out the development, management and operation of Roosevelt 10 Island. In carrying out such development, management and operation, the 11 corporation shall have the power to: 12 1. Sue and be sued; 13 2. Have a seal and alter the same at pleasure; 14 3. Make and alter by-laws for its organization and internal management 15 and make rules and regulations governing the use of its property and 16 facilities; 17 4. Make and execute contracts and all other instruments necessary or 18 convenient for the exercise of its powers and functions under this act; 19 PROVIDED, HOWEVER, THAT THE CORPORATION SHALL BE CONSIDERED A CORPO- 20 RATION AS THAT TERM IS USED IN SECTION 2879 OF THE PUBLIC AUTHORITIES 21 LAW; 22 5. Acquire in the name of the corporation by purchase, grant or gift, 23 or by the exercise of the power of eminent domain pursuant to the 24 eminent domain procedure law, or otherwise, real or personal property, 25 or any interest therein deemed necessary or desirable for the develop- 26 ment, management or operation of Roosevelt Island, including, without 27 limitation, leasehold interest, air and subsurface rights, easements and 28 lands under water at the site of Roosevelt Island or in the general 29 vicinity thereof, and to subject such property or interest therein to a 30 purchase money or other lien or security interest in connection with the 31 acquisition and development thereof, provided that the corporation shall 32 have no authority or power to issue any notes, bonds or other debt obli- 33 gations, whether for the purpose of financing the development of Roose- 34 velt Island or otherwise; 35 6. Hold and dispose of real or personal property for its corporate 36 purposes; 37 7. Appoint officers, agents and employees, prescribe their duties and 38 fix their compensation in accordance with a staffing and compensation 39 plan submitted to and approved by the director of the budget, PROVIDED 40 THAT PRIOR TO HIRING THE CHIEF EXECUTIVE OFFICER OF THE CORPORATION, THE 41 BOARD SHALL INTERVIEW AT LEAST THREE QUALIFIED CANDIDATES FOR THE POSI- 42 TION. PRIOR TO HIRING THE CHIEF EXECUTIVE OFFICER, THE BOARD SHALL HOLD 43 A PUBLIC HEARING, WITH NOTICE TO THE PUBLIC AND HELD IN ACCORDANCE WITH 44 ARTICLE 7 OF THE PUBLIC OFFICERS LAW, FOR THE PURPOSE OF INTERVIEWING 45 THE CANDIDATE(S) AND ALLOWING THE PUBLIC AS WELL AS THE BOARD TO QUES- 46 TION THE CANDIDATE; 47 8. Engage the services of private consultants on a contract basis for 48 rendering professional and technical assistance advice; 49 9. Procure insurance against any loss in connection with its activ- 50 ities, properties and other assets, in such amount and from such insur- 51 ers as it deems desirable; 52 10. Charge and collect fees, rents and other charges for the occupancy 53 or other use of real or personal property or facilities owned, operated, 54 managed or regulated by the corporation; 55 11. Accept any gifts or grants of money or property, or financial or 56 other aid in any form, from the federal government, the state, or the A. 6103 5 1 city (or any instrumentality of any such government) or from any other 2 source and, subject to the provisions of this act and other applicable 3 law, to comply with any conditions of such assistance and execute any 4 contracts or other instruments in connection therewith; 5 12. Invest any funds of the corporation, or any other monies under its 6 custody and control not required for immediate use or disbursement, at 7 the discretion of the corporation, in obligations of the state or the 8 United States government or obligations the principal and interest of 9 which are guaranteed by the state or the United States government, or in 10 any other obligations in which the comptroller of the state is author- 11 ized to invest pursuant to section [ninety-eight] 98 of the state 12 finance law; 13 13. Enter into such agreements with the state, the urban development 14 corporation and the city as the parties thereto deem appropriate to 15 effectuate the provisions of this act; 16 14. Assume and perform the obligations and responsibilities of the 17 urban development corporation under the lease, the tramway franchise, 18 and all other contracts, leases, and agreements heretofore entered into 19 by the urban development corporation relating to the development, 20 management and operation of Roosevelt Island (except that the corpo- 21 ration shall not assume any of the rights, duties and responsibilities 22 of the urban development corporation in relation to any bonds or notes 23 issued, or mortgages or security agreements held, by the urban develop- 24 ment corporation or any of its subsidiaries) and exercise all of the 25 rights of the urban development corporation with respect thereto; [and] 26 15. Do and perform all other acts necessary or convenient to carry 27 out the foregoing in connection with the development, management or 28 operation of Roosevelt Island. 29 S 5. RULES AND REGULATIONS; APPROVAL OF DEVELOPMENT PLAN AMENDMENTS; 30 APPLICABILITY OF LOCAL LAWS. 1. The corporation shall promulgate such 31 rules and regulations as it shall deem appropriate to provide an oppor- 32 tunity for residents of Roosevelt Island to comment upon any major 33 amendment of the development plan for Roosevelt Island referred to in 34 the lease at a public hearing held prior to its adoption by the corpo- 35 ration. 36 2. Any amendment of the development plan for Roosevelt Island referred 37 to in the lease shall be subject to the review and approval of the 38 director of the budget, and the corporation shall not enter into any 39 agreement for the design or construction of any improvement provided for 40 in any [such] amendment TO THE DEVELOPMENT PLAN FOR ROOSEVELT ISLAND 41 prior to [such] approval. 42 3. The requirements of all local laws, ordinances, codes, charters or 43 regulations shall be applicable to the construction, alteration or 44 improvement of any building or structure on Roosevelt Island, provided 45 that the corporation may, in lieu of such compliance, determine that the 46 requirements of the New York state uniform fire prevention and building 47 code, formulated by the state fire prevention and building code council 48 pursuant to article eighteen of the executive law, shall be applicable 49 to such work. In the event of such compliance with the New York state 50 uniform fire prevention and building code, the city shall have no power 51 to modify any drawings, plans or specifications for such work or for the 52 plumbing, heating, lighting or other mechanical branches thereof, or to 53 require that any person, firm or corporation employed on any such work 54 perform the same except as provided by such plans and specifications or 55 obtain any additional authority, approval, permit or certificate from 56 the city in connection therewith. A. 6103 6 1 S 6. POWERS AND DUTIES OF URBAN DEVELOPMENT CORPORATION; LEASE AND 2 TRAMWAY FRANCHISE. 1. The corporation shall perform all obligations of 3 the urban development corporation or any of its subsidiaries with 4 respect to the development, management and operation of Roosevelt 5 Island, including, without limitation, all such obligations arising 6 under the lease and the tramway franchise. 7 2. The urban development corporation, the division and the corporation 8 shall each use their best efforts to obtain any required consents to the 9 assignment of the lease and the tramway franchise from the urban devel- 10 opment corporation to the corporation and to any other assumption by the 11 corporation of the obligations of the urban development corporation or 12 any of its subsidiaries under any other contracts, leases, agreements or 13 instruments entered into by the urban development corporation, or any 14 such subsidiary, relating to the development, management or operation of 15 Roosevelt Island (other than any bonds or notes issued, or mortgages or 16 security agreements held, by the urban development corporation or any of 17 its subsidiaries) and, upon obtaining such consents, the corporation and 18 the urban development corporation shall enter into such agreements and 19 take such actions as shall be necessary to effectuate such assignments 20 and assumptions, provided that in order to permit the urban development 21 corporation to recover the investment which it has heretofore made in 22 the development of Roosevelt Island, such agreements shall provide 23 appropriate assurances satisfactory to the urban development corporation 24 (a) for the prompt payment directly to the urban development corporation 25 of (i) all sums from time to time due from lessees under the development 26 subleases and (ii) all sums received by the corporation from the city in 27 connection with the termination of the lease, and (b) for the amending 28 or supplementing of the development subleases to the extent, if any, 29 necessary to protect the rights of the holders of any mortgages on the 30 leasehold interests created thereunder. Nothing in this act shall (a) 31 constitute or authorize an assignment by the urban development corpo- 32 ration (or any subsidiary thereof) of any mortgage or security interest 33 held by the urban development corporation (or any such subsidiary) on 34 any real or personal property or interest therein on Roosevelt Island or 35 any rights or obligations of the urban development corporation (or any 36 such subsidiary) arising under any such mortgage or security agreement, 37 (b) relieve the urban development corporation of any of its obligations 38 under any bonds heretofore issued by the urban development corporation, 39 or (c) otherwise affect the interests of the holders of any such bonds. 40 3. All revenues (other than state appropriations) derived from the 41 contracts, leases, agreements or instruments assigned to or assumed by 42 the corporation pursuant to subdivision two of this section shall be 43 applied first to the payment of those obligations assigned to or assumed 44 by the corporation. 45 4. The urban development corporation and the corporation are hereby 46 authorized to enter into such agreements with the city as the corpo- 47 ration shall determine to be appropriate to amend, reform or supplement 48 the lease (including the development plan referred to therein) and the 49 tramway franchise in order to carry out the purposes of this act. The 50 provisions of any general, special or local law notwithstanding, the 51 city is hereby authorized, upon the approval of the board of estimate of 52 the city, to enter into any such agreements with the corporation and the 53 urban development corporation. 54 S 7. EQUAL EMPLOYMENT OPPORTUNITIES. 1. The corporation shall not 55 discriminate against employees or applicants for employment because of 56 race, creed, color, national origin, sex, age, disability or marital A. 6103 7 1 status, and will undertake or continue programs of affirmative action to 2 ensure that minority group persons and women are afforded equal employ- 3 ment opportunity without discrimination. Such action shall be taken with 4 reference, but not be limited, to recruitment, employment, job assign- 5 ment, promotion, upgrading, demotion, transfer, layoff, termination, 6 rate of pay or other forms of compensation, and selections for training 7 or retraining, including apprenticeship and on-the-job training. 8 2. The corporation shall request each employment agency, labor union, 9 or authorized representative of workers with which it has a collective 10 bargaining or other agreement or understanding, to furnish a written 11 statement that such employment agency, labor union or representative 12 shall not discriminate because of race, creed, color, national origin, 13 sex, age, disability or marital status and that such union or represen- 14 tative will cooperate in the implementation of the corporation's obli- 15 gations hereunder. 16 3. The corporation shall state, in all solicitations or advertisements 17 for employees placed by or on behalf of the corporation, that all quali- 18 fied applicants will be afforded equal employment opportunity without 19 discrimination because of race, creed, color, national origin, sex, age, 20 disability or marital status. 21 4. The corporation shall seek meaningful participation by minority 22 business enterprises in the programs of the corporation and shall 23 actively and affirmatively promote and assist their participation in the 24 corporation's programs, so as to facilitate the award of a fair share of 25 contracts to such enterprises. For purposes hereof, "minority business 26 enterprise" shall mean any business enterprise which is at least 27 [fifty-one] 51 per centum owned by, or in the case of publicly owned 28 business, at least [fifty-one] 51 per centum of the stock of which is 29 owned by, citizens or permanent resident aliens who are Black, Hispanic, 30 Asian, American Indian or women, and such ownership interest is real, 31 substantial and continuing. 32 S 8. [a.] NOTICE OF CLAIMS. 1. The state shall indemnify and hold 33 harmless the corporation, urban development corporation and safe afford- 34 able housing for everyone, inc., and pursuant to section [seventeen] 17 35 of the public officers law, their respective officers, directors and 36 employees, from and against any and all liability, claim, loss, damage, 37 suit or judgment and any and all costs and expenses (including, but not 38 limited to, counsel fees and disbursements) that such corporations or 39 their officers, directors or employees may suffer or incur, whether 40 before or after the date hereof, as a result of either (a) the develop- 41 ment, management or operation of Roosevelt Island or (b) the performance 42 or non-performance by the division of any of its obligations or duties 43 with respect to Roosevelt Island. All of the provisions of section 44 [seventeen] 17 of the public officers law which are not inconsistent 45 with this section shall apply to the officers, directors, and employees 46 of such corporations, including the provisions relating to the defense 47 by the attorney general or private counsel of any civil action and the 48 payment of legal costs incurred in connection with the defense of any 49 such action. Any member, officer or employee of such corporations seek- 50 ing to be saved harmless or indemnified or to claim any other benefits 51 available pursuant to this section or section [seventeen] 17 of the 52 public officers law shall comply with the procedural requirements of 53 such section [seventeen] 17. As used in this section the terms 54 "member", "officer" and "employee" shall include a former member, offi- 55 cer or employee, his estate or judicially appointed personal represen- 56 tative. A. 6103 8 1 2. A notice of claim, served in accordance with the provisions of 2 section [fifty-e] 50-E of the general municipal law, shall be a condi- 3 tion precedent to the commencement of an action against the corporation, 4 its officers, directors and employees. No such action shall be commenced 5 more than one year after it has accrued, except that an action against 6 the corporation for wrongful death shall be commenced within the notice 7 of claim and time limitation provisions of title [eleven] 11 of article 8 [nine] 9 of the public authorities law. 9 [b. 1.] 3. Notwithstanding the provisions of section [one hundred 10 thirteen] 113 of the retirement and social security law and any other 11 general, special or local law, the Roosevelt Island operating corpo- 12 ration shall provide to persons employed by the Roosevelt Island operat- 13 ing corporation any retirement, disability, death or other benefits 14 provided or required pursuant to any agreement with a labor union of 15 which its employees are members, and the Roosevelt Island operating 16 corporation is hereby authorized to retroactively or in the future make 17 such contributions as may be necessary to provide such benefits. 18 [2.] 4. For purposes of the retirement and social security law, 19 persons employed by the Roosevelt Island operating corporation and to 20 whom the Roosevelt Island operating corporation provides any retirement, 21 disability, death and other benefits required pursuant to any agreement 22 with a labor union of which its employees are members, shall be deemed 23 not to be employees of the Roosevelt Island operating corporation. Such 24 other persons who are employees of the Roosevelt Island operating corpo- 25 ration as of the effective date of this act shall be eligible to receive 26 credit under the retirement and social security law for previous service 27 with the entities (or where applicable, their subsidiaries) made subject 28 to section [seventeen] 17 of the public officers law by subdivision [a] 29 ONE of this section. 30 S 9. ANNUAL BUDGET AND REPORT. 1. On or before September [fifteenth, 31 nineteen hundred eighty-four] 15, 1984 and on each September fifteenth 32 thereafter, the [chairman] CHAIR of the corporation shall make and 33 deliver to the director of the budget for his OR HER review AND TO THE 34 BOARD OF DIRECTORS a proposed budget for the operation of the corpo- 35 ration for the next fiscal year of the state. The [chairman] CHAIR of 36 the corporation shall also deliver a copy of such budget to the [chair- 37 man] CHAIR of the senate finance committee and the [chairman] CHAIR of 38 the assembly ways and means committee at the same time that the budget 39 is delivered to the director of the budget. The budget shall include the 40 total amount needed for corporate purposes, including the funds required 41 by the corporation for operation of Roosevelt Island facilities and 42 improvements, the source of all funds that the corporation expects to 43 receive and such other information as the director of the budget shall 44 require OR AS MAY BE REQUIRED BY THE BOARD OF DIRECTORS. The governor 45 shall recommend in his OR HER annual budget such appropriations to the 46 corporation for its CAPITAL NEEDS AND operations as he OR SHE deems 47 necessary. 48 2. The corporation shall submit to the director of the budget, 49 [chairman] CHAIR of the senate finance committee [and chairman], THE 50 CHAIR of the assembly ways and means committee, within ninety days after 51 the end of its fiscal year, a complete and detailed report setting forth 52 (a) [its] THE CORPORATION'S operations and accomplishments, and (b) its 53 receipts and expenditures during such fiscal year in accordance with 54 categories and classifications established by the corporation, with the 55 approval of the director of the budget, for its operating and capital 56 outlay purposes. A. 6103 9 1 S 10. FUTURE MANAGEMENT STUDY. The corporation shall [also] study the 2 future operation and management of Roosevelt Island AT LEAST ONCE IN 3 EACH DECADE. [Such study shall be completed by December thirty-first, 4 nineteen hundred eighty-five.] 5 S 10-a. Open space development prohibited. Notwithstanding any other 6 provision of this act, or any other law to the contrary, on or after the 7 effective date of this section, no further development or construction 8 for other than park purposes shall be permitted on any real property 9 which is identified as open space areas in the general development plan 10 as amended May 10, 1990 and approved by the board of estimate of the 11 city of New York on August 17, 1990 and referred to in the lease defined 12 in subdivision six of section two of this act, and on such real property 13 shall remain open space areas for the duration of the lease unless such 14 development or construction includes the reconstruction, restoration, 15 rehabilitation or preservation of the historic landmarks located in such 16 open space areas and furthers the use of the areas surrounding the 17 historic landmarks as open space areas. Open space areas, as used in 18 this section shall INCLUDE, BUT NOT be limited to Lighthouse park, Octa- 19 gon park, Blackwell park, and South Point park. 20 S 11. LIABILITY FOR COMMUNITY OBLIGATIONS; TAX EXEMPTION. 1. The 21 obligations of the corporation shall not be debts of the state, and the 22 state shall not be liable thereon, and such obligations shall not be 23 payable out of any funds other than those of the corporation. 24 2. It is hereby found, determined and declared that the creation of 25 the corporation and the carrying out of its purposes is in all respects 26 for the benefit of the people of the state and is a public purpose, and 27 that the corporation will be performing an essential governmental func- 28 tion in the exercise of the powers conferred upon it by this act. The 29 corporation and its operations, property and moneys shall be free and 30 exempt from taxation of every kind by the city and the state and any 31 subdivision thereof. Except as hereinabove provided and except as may 32 otherwise specifically be provided, nothing contained in this act shall 33 confer exemption from any tax, assessment or fee upon any person, firm, 34 corporation or other entity, or upon the obligations of any of them. 35 3. ANY EXPENDITURES OF THE CORPORATION SHALL BE IN ACCORDANCE WITH THE 36 ADOPTED BUDGET OR A MODIFICATION APPROVED BY THE BOARD OF DIRECTORS. 37 EXPENDITURES SHALL BE MADE BY CHECK, SIGNED AS PROVIDED BY THE BY-LAWS. 38 S 12. DIVISION OF HOUSING AND COMMUNITY RENEWAL; ASSISTANCE AND 39 SERVICES. The corporation may from time to time request the division to 40 perform such services and render such technical assistance to the corpo- 41 ration with respect to the development, management or operation of 42 Roosevelt Island as the corporation deems necessary or convenient and 43 may provide for the reimbursement to the division by the corporation of 44 the reasonable cost of such services. The division is hereby authorized 45 to perform such services and render such technical assistance as may be 46 agreed upon between the division and the corporation pursuant to this 47 section. In addition, the commissioner is hereby authorized to represent 48 the corporation in any negotiations with the city concerning amendments 49 or supplements to or reformations of the lease and tramway franchise as 50 contemplated by section six of this act. 51 S 13. OPERATION OF MOTOR VEHICLES. In addition to any other power 52 conferred upon it by this act, the corporation is hereby authorized to 53 prescribe rules and regulations governing the operation (including the 54 parking, standing or stopping) of vehicles on Roosevelt Island; provided 55 however, that such rules and regulations shall not UNREASONABLY restrict 56 access to any city facilities situated on Roosevelt Island nor unreason- A. 6103 10 1 ably restrict parking by city of New York employees, their visitors and 2 invitees IN THE IMMEDIATE VICINITY OF SUCH CITY FACILITIES. The 3 violation of such rules or regulations shall be an offense punishable 4 upon a first conviction thereof by a fine of not more than [fifty] 50 5 dollars, upon a second within a period of [eighteen] 18 months by a fine 6 of not more than [one hundred fifty] 150 dollars, and upon a third or 7 subsequent conviction thereof within a period of [eighteen] 18 months by 8 a fine of not more than [one hundred fifty] 150 dollars, or by imprison- 9 ment for not more than [thirty] 30 days, or by both such fine and such 10 imprisonment. For purposes of enforcement and administration of such 11 rules and regulations, including but not limited to conferring jurisdic- 12 tion with respect thereto upon the applicable courts and administrative 13 tribunals, all provisions of law relating to, and rules or regulations 14 of, the New York city department of transportation not inconsistent with 15 this act shall be applicable. 16 S 14. SEPARABILITY OF PROVISIONS. If any section, clause or provision 17 of this act or the application thereof shall be adjudged invalid, such 18 judgment shall not affect or invalidate any other section, clause or 19 provision of this act. 20 S 15. TRANSFER OF FUNDS. 1. Notwithstanding the provisions of any 21 general or special law, the director of the budget is authorized to 22 transfer to the corporation from funds appropriated to the division for 23 the fiscal year beginning April [first, nineteen hundred eighty-four] 1, 24 1984, the amount he determines necessary to carry out the provisions of 25 this act, including providing for Roosevelt Island operations, capital 26 improvement program and any other appropriate management expenses. 27 2. Notwithstanding the provisions of any general or special law, no 28 part of such appropriations shall be available for the purposes desig- 29 nated until a certificate of approval of availability shall have been 30 issued by the director of the budget and a copy of such certificate is 31 filed with the state comptroller, the [chairman] CHAIR of the senate 32 finance committee and the [chairman] CHAIR of the assembly ways and 33 means committee. Such certificate may be amended from time to time, 34 subject to the approval of the director of the budget, and a copy of 35 each such amendment shall be filed with the state comptroller, the 36 [chairman] CHAIR of the senate finance committee and the [chairman] 37 CHAIR of the assembly ways and means committee. 38 S 16. This act shall take effect [thirty days] ON THE THIRTIETH DAY 39 after it shall have become a law. 40 S 2. This act shall take effect immediately.