What's happening
This bill creates the New York City Parks Construction Authority, a public benefit corporation to manage park construction and related activities in NYC.
Why it matters
Centralizes and streamlines park construction. By creating a specialized, independent authority, the bill aims to address longstanding delays and inefficiencies in how NYC designs and builds its parks and recreation facilities, potentially resulting in faster project completion and improved park quality for the public.
Exempts park projects from certain city regulations. The new authority is exempt from many city land use, contracting, and procurement rules (except for environmental and safety codes), which could allow for speedier development but reduces oversight and input from traditional city review bodies and the public.
Shifts employee and labor relations. The bill contains detailed provisions on civil service, collective bargaining, and employee rights, ensuring that current city parks employees transferring to the new authority retain key protections while also enabling the authority to set its own employment policies and negotiate directly with unions.
Enhances focus on equity and accountability. The authority is required to implement minority- and women-owned business enterprise (MWBE) programs, comply with equal employment opportunity standards, and submit regular public reports and audits, aiming to promote transparency and inclusive economic participation in park construction projects.
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Who cares
Headline styles
Create NYC Parks Construction Authority
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to corporations, authorities and commissions
- Referred to corporations, authorities and commissions
Full text
17 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3235
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
Introduced by Sen. COMRIE -- 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 charter, 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 Assembly, 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.
LBD01247-01-9
S. 3235 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 authority.
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 exercised 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 profession 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. 3235 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 necessary. 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 president, who shall not be a member of the board, shall be the chief executive officer of the authority and shall be responsible for the discharge of the executive and administrative functions and powers of the authority. 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 suitability of such applicants for employment. Such investigation shall include but not be limited to the taking of fingerprints of such officers 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 authority 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. 3235 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, equipping 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 implementation of a five-year park facilities capital plan;
13. To enter into agreements with the city's department of city planning 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 authority 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 authority 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-
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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 transfer 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
This bill proposes to create the New York City Parks Construction Authority. The purpose of this bill is to begin to obtain public comment and input from the general public, the City of New York, and the NYC Parks Department so that a NYC Parks Construction Authority may be created in an effort to streamline and simplify the process to finance and construct capital projects in parks located in New York City. In addition, since the intent of this bill is to help to reduce the time needed to construct capital projects in NYC parks, it is the sponsors' hope that such projects can be completed not only sooner, but at a lower cost so that more monies can be made available for additional capital projects located in the City's park system.
Summary of specific provisions
Section 1: Amends article 8 of the public authorities law by adding a new title 7 which would create a New York City Parks Construction Authority (PCA). This section would provide guidelines for the composi- tion of the PCA, its functions, responsibilities, powers and duties, and other provisions related to the functioning and operation of this proposed authority
Read the full memo (790 words)
Section 2: Amends the opening paragraph of section 533 of the New York City charter to authorize the creation of the New York City Parks Construction Authority.
Section 3: Amends paragraphs 4, 5, 6, 7, and 8 of subdivision a of section 533 of the New York City Charter as it relates to the installa- tion, reconstruction, or establishment of new capital projects, infras- tructure, or new recreational facilities with Parks located in the City of New York.
Section 4: Amends paragraph 1 of subdivision b of section 333 of the New York City charter as it relates acquiring land or building or rebuilding new capital facilities or improvements in such parks.
Justification
For years the New York City parks capital process has been the subject of chronic complaints. From funding to completion, the timeline to construct or re-construct public works in New York City's parks has been riddled with many requirements, procedures, approvals, and burdensome mandates. This current cumbersome process all but ensures that a state or city legislative or administration supported project will not see actual work begun or advanced for years at a time. Frustration with the current NYC parks capital projects process is common place and has been expressed by both state legislators and members of the New York City Council who provide funding for parks projects in their areas. Even with the best of efforts from the NYC Parks Department staff and commission- ers, their options to expedite process are severely limited by built-in hurdles. By latest reports, as of January 2017, the Parks Department boasts that the best case scenario is a 30-45 month process to construct a public works project within a New York City park. Further, this time line does not account for any unexpected issues or delays related to such planning and construction of such project.
The issue the Department faces is the legally mandated hurdles that cannot be surmounted regardless of the importance or priority any given project may demonstrate. Under current law, review and approvals are required at different stages of the process and on multiple occasions by certain governmental entities, including the following:
*New York City Comptroller *New York City Law Department *Mayor's Office of Management and Budget (OMB) *Mayor's Office of Contract Services (MOCS) *Public Design Commission (PDC) *Landmarks Preservation Commission (LPC)
This legislation creating the New York City Parks Construction Authority (PCA), is modeled directly after legislation that established the New York City School Construction Authority (SCA). The SCA was created for exactly the same reason - to expedite school construction projects and to have such projects built at the anticipated projected costs with few or no cost overruns. SCA bypasses many of these same redundancies that are experienced to build a capital project in a park. However, it is hoped by the sponsors of this bill to still strike the right balance of checks and balances for good government oversight and public input. The Parks Construction Authority Act, it is hoped by this bill's sponsors, would streamline parks capital projects and help to alleviate countless months of red tape and delays.
Prior legislative history
New Bill in 2017-18: Senate Print 5766.
Fiscal implications
None to the state, and it may reduce the overall cost of building public projects in these parks.
Effective date
This act shall take effect immediately.
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