Bill Text: NY A07081 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires the central New York regional market authority to work with the department of agriculture and markets to assure proper development of agriculture and regional market facilities, in the Central New York Regional Market district; requires such authority to furnish an annual real estate report detailing all real estate holdings and detailed property information, including but not limited to the tenants, important lease terms, rents, durations of leases, as well as copies of each lease; authorizes the state comptroller to examine the accounts and books of the authority; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-03 - substituted by s7598b [A07081 Detail]

Download: New_York-2023-A07081-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7081

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 10, 2023
                                       ___________

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

        AN ACT to amend the public authorities law, in relation to the board  of
          directors of the Central New York Regional Market Authority

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 827 of the public authorities law,  as  amended  by
     2  chapter 55 of the laws of 1992, is amended to read as follows:
     3    §  827.  Board  of directors. The board of directors of the authority,
     4  hereinafter in this title referred to as "the board," shall  consist  of
     5  thirteen  members,  as  follows:  The  commissioner  of  agriculture and
     6  markets or the commissioner's representative shall be a member  ex-offi-
     7  cio.  The  board  of supervisors of each of the counties in the district
     8  shall each name directors as  follows:  Onondaga,  three;  Oswego,  two;
     9  Cayuga,  two;  Madison, two; Cortland, one; Oneida, one, and Wayne, one.
    10  One member from each of the above-named counties may be either a produc-
    11  er or non-producer of agricultural products; the other members named  by
    12  the  board  of  supervisors  of the counties in the district entitled to
    13  additional directors shall be persons engaged in farming and deriving  a
    14  greater  part  of their income therefrom, and all such appointments made
    15  after May first, nineteen hundred forty-four,  shall  be  producers  who
    16  actually  sell  all  or  part  of  their produce on the Central New York
    17  Regional Market.
    18    Each member shall continue as a member during the pleasure of the body
    19  appointing him or her, and upon a vacancy occurring by the  filing  with
    20  the  secretary  of  the authority of a duly certified copy of the resol-
    21  ution signifying that an appointment has been terminated, or upon resig-
    22  nation of a member, or a vacancy occurring in any other manner, it shall
    23  be filled in a manner corresponding to the  original  appointment.  Each
    24  member  shall,  before  entering  upon  the  duties  of office, take the
    25  constitutional oath of office and file the same in  the  office  of  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02491-01-3

        A. 7081                             2

     1  secretary of state. One more than one half of the duly qualified members
     2  shall  constitute  a  quorum  for  the  transaction  of business and the
     3  concurrence of one more than one half of the duly qualified members at a
     4  meeting  shall  be necessary to the validity of any resolution, order or
     5  determination. Any member may be removed by the governor for inefficien-
     6  cy, neglect of duty or misconduct in office, after a hearing upon charg-
     7  es and an opportunity to be heard in person or by counsel upon not  less
     8  than  ten  days' notice. The members shall not receive a salary or other
     9  compensation, but shall be paid actual expenses  incurred  in  attending
    10  meetings  of the board and in performing committee work assigned to them
    11  by the board. Expenses for travel shall not exceed  the  per  mile  rate
    12  allowed  state employees for use of personal cars. Expenses of a special
    13  or extraordinary nature may be allowed by resolution of the board.
    14    § 2. Section 826 of the public authorities law, as amended by  chapter
    15  420 of the laws of 1951, is amended to read as follows:
    16    §  826. Central New York Regional Market Authority. 1. There is hereby
    17  created and established a district to be known as the "central New  York
    18  regional market district," hereinafter in this title referred to as "the
    19  district,"  which  shall  embrace  all the territory included within the
    20  following named counties: Cayuga, Cortland, Madison,  Oneida,  Onondaga,
    21  Oswego, that territory in Wayne county lying east of the new pre-emption
    22  line. For the accomplishment of the purposes hereinafter indicated rela-
    23  tive  to  that district there is hereby created and established a public
    24  benefit corporation, to be known as "Central New  York  Regional  Market
    25  Authority,"  hereinafter  in  this title referred to as "the authority."
    26  Such authority shall have perpetual existence and the power  to  acquire
    27  by  the  exercise  of the right of eminent domain or otherwise such real
    28  estate within the district and other property as may  be  necessary,  to
    29  sue  and  be sued, to incur debts, liabilities and obligations, to issue
    30  bonds and other evidences of indebtedness, to have a seal, and to  exer-
    31  cise  all  powers  authorized by this title and reasonably necessary for
    32  accomplishing its purposes, subject to the provisions  herein  contained
    33  and  the  constitution  and  laws  of  the United States and of New York
    34  state. Such powers shall be exercised in the name of  the  "Central  New
    35  York Regional Market Authority."
    36    2. In fulfilling the authority's mission, the board shall work cooper-
    37  atively  and  in  consultation  with  the  department of agriculture and
    38  markets to ensure the proper development  of  agriculture  and  regional
    39  market facilities, in the central New York regional market district. The
    40  board and the department of agriculture and markets, hereinafter in this
    41  title  referred to as "the department," shall jointly develop a plan for
    42  the future development and viability of agriculture and regional  market
    43  facilities  in the district. Such plan shall include both short-term and
    44  long-term goals and objectives as well as actual and projected  revenues
    45  and  expenditures. Such plan shall annually allocate no less than seven-
    46  ty-five percent of the authority's available  funds  for  the  creation,
    47  development,  and enhancement of agriculture and regional market facili-
    48  ties, in the district. For purposes of this subdivision, available funds
    49  shall mean  the  net  amount  available  after  contractually  obligated
    50  expenditures  are  subtracted  from,  but  not be limited to, cash, cash
    51  equivalents, certificates of deposit, and other  receivables  available.
    52  The  board  and department shall meet annually prior to the close of the
    53  authority's fiscal year to evaluate the  effectiveness  of  the  use  of
    54  funds for that fiscal year, review the goals and objectives of the plan,
    55  and  properly  prepare  for the allocation and use of such funds for the
    56  next fiscal year. The plan shall be updated annually to make appropriate

        A. 7081                             3

     1  modifications to such plan for the next fiscal year. Prior to  any  such
     2  funds  being  expended,  both  the board and the department must approve
     3  such plan, its goals and objectives as well as  the  projected  revenues
     4  and proposed allocations.
     5    3.  The authority shall furnish an annual real estate report detailing
     6  all real estate holdings and detailed  property  information,  including
     7  but  not limited to the tenants, important lease terms, rents, durations
     8  of leases, as well as copies of each lease.  Notwithstanding  any  other
     9  provision  of  law  to  the  contrary,  the  authority shall furnish all
    10  required reports, audits, and reviews, including the annual real  estate
    11  report, to all parties enumerated in paragraph (a) of subdivision one of
    12  section  twenty-eight  hundred  of this chapter.   A copy of such report
    13  shall be filed with the clerk of the Syracuse  common  council  and  the
    14  mayor, as well as to the department, within ninety days after the end of
    15  its fiscal year.
    16    §  3.  The  public  authorities  law  is  amended  by adding three new
    17  sections 842, 843 and 844 to read as follows:
    18    § 842. Moneys of the authority.  The state comptroller or his  or  her
    19  legally  authorized  representatives are hereby authorized and empowered
    20  from time to time to examine the accounts and books  of  the  authority,
    21  including its receipts, disbursements, contracts, sinking funds, reserve
    22  funds,  investments  and  any  other  matters  relating to its financial
    23  standing.
    24    § 843. Application of local laws and ordinances to  Central  New  York
    25  Regional  Market  Authority real property. The Central New York Regional
    26  Market Authority its real property and its facilities shall  be  subject
    27  to all local laws and ordinances in counties and municipalities where it
    28  operates  and  owns real property.  Local law enforcement shall have the
    29  authority to enter the real property of the  authority  to  enforce  all
    30  local  laws  and ordinances.  This section shall apply to all lessees of
    31  the authority's real property and its facilities.
    32    § 844. Code of ethics, conflict of interest policy, hiring policy. The
    33  board of directors of the Central New  York  Regional  Market  Authority
    34  shall adopt and publish on its website the following policies, including
    35  but  not  limited  to: a code of ethics applicable to all board members,
    36  officers and employees of the authority pursuant to section seventy-four
    37  of the public officers law and a conflict of interest policy pursuant to
    38  section seventy-four of the public officers  law  and  a  hiring  policy
    39  pursuant to section seventy-three of the public officers law.
    40    § 4.  This act shall take effect immediately.
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