NY State Senate Bill 2025-S3211

Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2025	referred to corporations, authorities and commissions

2025-S3211 (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §1973, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S9031
2023-2024: S7648

2025-S3211 (ACTIVE) - Summary

Relates to the appointment of members of the Battery Park city authority; increases the number of members to nine; requires five of the nine members be primary residents of Battery Park city.

2025-S3211 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3211

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to the appoint-
ment of members of the Battery Park city authority

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would expand the Battery Park City Authority's Board of Direc-
tors by two members and require the appointment of Battery Park City
residents until a majority of members of the Board are Battery Park City
residents.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend § 1973 of the Public Authorities Law
to expand the membership of the Battery Park City Authority Board of
Directors from seven to nine members and to provide that appointments
shall be of primary residents of Battery Park City until the Board
includes at least five= members who are residents.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

The Battery Park City Authority (BPCA) is a public benefit corporation
that owns and manages the 92-acres that comprise Battery Park City in
Lower Manhattan. The BPCA's Board of Directors makes decisions that
impact the residents and businesses of Battery Park City, such as manag-
ing the Authority's assets and investments, and evaluating bids and
awarding contracts for services for residents and visitors to the commu-
nity.

This bill would require majority representation of primary residents of
Battery Park City on the BPCA Board. As required by Chapter 63 of the
Laws of 2018 (57284/A8986 Kavanagh/Glick), enacted in connection with
the first statutory requirement that board members be residents, all
resident-members, along with all other board members, would have appro-
priate experience to serve on the board and would be required to recuse
themselves in the event of a conflict of interest. Increasing local
representation would therefore include more resident voices in decisions
that affect the community while ensuring the Board includes the neces-
sary expertise and without resulting in decisions that raise conflicts
of interest.

In 2022, the legislature passed a bill similar to this one, but the
Governor vetoed it (Veto Memo 37 of 2022), citing as a reason "this bill
could give rise to increased conflicts of interest, which would impede
the Board's ability to manage its business affairs in an orderly
manner." However, as the veto memo acknowledges, the BPCA Board current-
ly has two Battery Park City residents. To date, these members' tenure
has not hindered the functioning of the Board.

Residency in the community is not unique in raising potential conflicts
of interest that must be protected against, as there are numerous other
potential factors, such as business interests that could give rise to
potential conflicts. On any well functioning board, all potential
conflicts of interest must be identified and managed. With respect to
the BPCA, this requirement is spelled out in statute with respect to
residents and all Board members must comply with the BPCA's existing
Conflicts of Interest Policy.

 
PRIOR LEGISLATIVE HISTORY:

2024: S7648 (Kavanagh) - PASSED SENATE /A8030 (Fall) - reported referred
to rules

2023: 57648 (Kavanagh) - REFERRED TO RULES /A8030 (Fall) - referred to
corporations, authorities and commissions

2022: S9031A (Kavanagh)- VETOED MEMO.37 /A10371A (Niou) - vetoed memo.37

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S3211 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3211
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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, 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] NINE 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] SUCH MEMBER'S 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.
 PROVIDED, HOWEVER, THAT ONE BOARD MEMBER FIRST APPOINTED ON OR AFTER THE
 EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF  TWO  THOUSAND  TWENTY-FIVE
 WHICH AMENDED THIS SUBDIVISION SHALL SERVE AN INITIAL TERM OF TWO YEARS;
 PROVIDED FURTHER THAT THE OTHER BOARD MEMBER FIRST APPOINTED ON OR AFTER
 THE  EFFECTIVE  DATE  OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-
 FIVE WHICH AMENDED THIS SUBDIVISION SHALL SERVE AN INITIAL TERM OF  FOUR
 YEARS.  Their  successors  shall  serve  for  terms  of  six years each.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06909-01-5

 S. 3211                             2
 
 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. In the event of a vacancy occurring in
 the  office of a member by death, resignation or otherwise, the governor
 shall appoint a successor with the advice and consent of the  senate  to
 serve for the balance of the unexpired term. After the effective date of
 the  chapter  of  the  laws of two thousand [seventeen] TWENTY-FIVE that
 amended this subdivision, if the membership of the corporation  is  such
 that  less  than  [two]  FIVE  of  the  members are PRIMARY 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 PRIMARY residents of Battery  Park
 city.  Appointments  shall continue in such a manner until [two] FIVE of
 the members of the corporation are PRIMARY  residents  of  Battery  Park
 city.  Thereafter,  [two]  FIVE  of  the  corporation's members shall be
 PRIMARY residents of Battery Park city.
   § 2. This act shall take effect immediately.

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Senate Bill S3211

Sponsored By

Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

2025-S3211 (ACTIVE) - Details

2025-S3211 (ACTIVE) - Summary

2025-S3211 (ACTIVE) - Sponsor Memo

2025-S3211 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3211

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Sponsored By

Brian Kavanagh

Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

2025-S3211 (ACTIVE) - Details

2025-S3211 (ACTIVE) - Summary

2025-S3211 (ACTIVE) - Sponsor Memo

2025-S3211 (ACTIVE) - Bill Text download pdf

Comments