NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9752
SPONSOR: Mosley
 
TITLE OF BILL: An act to amend the public authorities law, in
relation to enacting the "Atlantic Yards governance act"
 
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to estab-
lish a project oversight entity known as the Atlantic Yards Development
Trust, to supervise the Atlantic Yards Project in order to create
increased accountability and oversight in the project's governance.
 
SUMMARY OF PROVISIONS: Article 8 of the public authorities law is
amended by adding a new title 5 to read as follows: (1701) Creation of
the Atlantic Yards development trust. 1. There is hereby created the
Atlantic Yards development trust which shall be a body corporate and
politic, constituting a public benefit corporation. The trust shall come
into existence upon the thirtieth day following the appointment of not
fewer than eight members of its board as herein provided, and the trust
as its corporate existence shall continue until terminated by the legis-
lature.
2. The members of the board of the Atlantic Yards development trust
shall be as follows: (a) Eight members shall be appointed by and serve
at the pleasure of the governor, at least one of whom shall be a repre-
sentative of a not-for-profit, non-governmental or civic organization.
(b) Two members shall be appointed by the speaker of the assembly, in
consultation with the member of the assembly that represents the
district or districts in which the project is located.
(c) Two members shall be appointed by the temporary president of the
senate, in consultation with the senator that represents the district or
districts in which the project is located.
(d) Two members shall be appointed by and serve at the pleasure of the
mayor of the city of New York.
(e) One member shall be appointed by and serve at the pleasure of the
borough president of the borough of Brooklyn, appointed. in consultation
with Brooklyn community boards two, six and eight.
(f) One non-voting member shall be appointed by the stakeholder council
as provided in section seventeen hundred eight of this title.
(g) Each appointing authority, with the exception of the Brooklyn
borough president and stakeholder council, may appoint no more than half
their members as a city or state employees.
(1703) Powers of the Atlantic Yards development trust. 1. To fulfill its
purpose under this title, the trust shall have the following powers,
functions, duties and authority subject to the limitations set forth in
this title:
(a) to plan, design, develop, construct, operate, and maintain the
project;
(b) to implement the general project plan for the project;
(c) to oversee implementation of the design guidelines for the project;
(d) to establish a stakeholder council as provided in section seventeen
hundred eight of this title;
(e) to approve changes to the general project plan in consultation with
the stakeholder council;
(f) to oversee policies to mitigate environmental impact of the project
and coordinate the implementation of these policies with the relevant
city and state agencies;
(g) when necessary, to develop additional policy to mitigate anticipated
environmental impacts of the projects;
(h) to adopt rules of the procedure for the consultation with the stake-
holder council, established pursuant to section seventeen hundred eight
of this title;
(i) to provide for the health, safety and welfare of the public using
facilities under its jurisdiction;
(j) to exercise the following general corporate powers:
(i) to make and alter by-laws for its organization and internal manage-
ment;
 
JUSTIFICATION: New York State projects in New York City are typically
governed in one of two ways. The State can pass specific legislation
relating to the project, as it did with Battery Park City and Hudson
River Park. Alternatively, the State can govern projects under the
powers granted to it by the UDC Act of 1968, which it does with Brooklyn
Bridge Park, Queens West, Moynihan Station, and other projects. In many
cases, the Empire State Development Corporation (ESDC) has established
subsidiaries to formally involve the city and local elected officials in
the governance of these projects.
However, they are not obliged to do so by law and, unique among the
large state projects in New York City, there is no project subsidiary
for Atlantic Yards. The result is that the project is governed in a less
transparent, less accountable manner than comparable projects, and with-
out any vehicle for coordinating the city and state agencies involved in
the proposed development, or involving local elected officials and the
relevant community boards. Further, changes in administration in State
government, as well as changes in the ESDC's internal organization, pose
risks to the continuity of project oversight which may threaten the
realization of Atlantic Yards' stated goals.
To address this, the proposed legislation would establish a project
oversight entity known as the "Atlantic Yards Development Trust" to
oversee the Atlantic Yards project. The entity would have the following
four primary responsibilities.
First, oversee the implementation of the design guidelines for the
architecture of the project. Second, coordinate the involvement of state
and city agencies responsible for the environmental impact mitigations.
Third, coordinate the development of policy surrounding the project,
including transportation concerns. Lastly, approve changes to the gener-
al project plan.
 
PRIOR LEGISLATIVE HISTORY: A11395 (2008)
 
EFFECTIVE DATE: This act shall take effect immediately.