N.Y. PBA Law § 2753 — New York Code / Act PBA / Article 8 / Title 31 / Section 2753
Monroe county airport authority
Status: in_force

§ 2753. Monroe county airport authority. 1. There is hereby created\nthe Monroe county airport authority. The authority shall be a body\ncorporate and politic constituting a public benefit corporation. The\nauthority shall consist of seven members appointed by the county\nexecutive, provided that two of such members shall be appointed upon the\nwritten recommendation of the president of the county legislature and\none of such members shall be appointed upon the written recommendation\nof the minority leader of the county legislature. No more than five\nmembers may be registered members of the same political party. All\nappointments by the county executive shall be confirmed by a majority\nvote of the county legislature. The county executive shall designate the\nchairperson of the authority who shall serve at the pleasure of the\ncounty executive. The member initially appointed upon the written\nrecommendation of the minority leader of the county legislature shall\nserve for a term ending December thirty-first, nineteen hundred\nninety-one. Of the members initially appointed upon the written\nrecommendation of the president of the county legislature, one shall\nserve for a term ending December thirty-first, nineteen hundred\nninety-two; and one shall serve for a term ending December thirty-first,\nnineteen hundred ninety-three. Of the remaining members initially\nappointed by the county executive other than the chairperson, one shall\nserve for a term ending December thirty-first, nineteen hundred\nninety-one; one shall serve for a term ending December thirty-first,\nnineteen hundred ninety-two; and one shall serve for a term ending\nDecember thirty-first, nineteen hundred ninety-three. Thereafter each\nmember, other than the chairperson, shall serve a term of four years.\n  2. All members shall continue to hold office until their successors\nare appointed and qualify. Vacancies shall be filled in the manner\nprovided for original appointment. Vacancies, occurring otherwise than\nby expiration of term of office, shall be filled for the unexpired\nterms.  Members may be removed from office for the same reasons and in\nthe same manner as may be provided by law for the removal of officers of\nthe county. The members of the authority shall receive no compensation\nfor their services but shall be reimbursed for all their actual and\nnecessary expenses incurred in connection with the carrying out of the\npurposes of this title. The powers of the authority shall be vested in\nand be exercised by the members of the authority at a meeting duly\ncalled and held and a majority of directors shall constitute a quorum.\nNo action shall be taken except pursuant to the favorable vote of at\nleast a majority of directors. The members of the authority may delegate\nto one or more of its members, officers, agents or employees such powers\nand duties as it may deem proper.\n  3. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state or of any public corporation shall forfeit his or\nher office or employment by reason of his or her acceptance of\nappointment as a member, officer or employee of the authority, nor shall\nservice as such member, officer or employee be deemed incompatible or in\nconflict with such office, membership or employment.\n  4. The authority shall continue for a term of one year after all its\nbonds have been fully paid and discharged. Upon termination of the\nexistence of the authority, all of its rights and property shall pass to\nand be vested in the county.\n
N.Y. PBA Law § 2765 — New York Code / Act PBA / Article 8 / Title 31 / Section 2765
Agreement with county
Status: in_force

§ 2765. Agreement with county. The county is authorized to pledge to\nand agree with the holders of any bonds issued by the authority pursuant\nto this title and with those persons or public corporations who may\nenter into contracts with the authority pursuant to the provisions of\nthis title that the county will not alter, limit or impair the rights\nhereby vested in the authority to purchase, construct, own and operate,\nmaintain, repair, improve, reconstruct, renovate, rehabilitate, enlarge,\nincrease and extend, or dispose of any project, or any part or parts\nthereof, for which bonds of the authority shall have been issued, to\nestablish and collect rates, rents, fees and other charges referred to\nin this title, to fulfill the terms of any agreements made with the\nholders of the bonds or with any public corporation or person with\nreference to such project or part thereof, or in any way impair the\nrights and remedies of the holders of bonds, until the bonds, together\nwith interest thereon, including interest on any unpaid installments of\ninterest, and all costs and expenses in connection with any action or\nproceeding by or on behalf of the holders of bonds, are fully met and\ndischarged and such contracts are fully performed on the part of the\nauthority.\n
N.Y. ENV Law § 71-3103 — New York Code / Act ENV / Article 71 / Title 31 / Section 71-3103
Enforcement of article 35
Status: in_force

§ 71-3103. Enforcement of article 35.\n  Any person who violates any of the provisions of, or who fails to\nperform any duties imposed by article 35 or any regulation promulgated\nby the commissioner thereunder, shall be liable to a civil penalty of\nnot more than twenty-five hundred dollars for each such violation and an\nadditional penalty of not more than five hundred dollars for each day\nduring which such violation continues, and, in addition thereto, such\nperson may be enjoined from continuing such violation. Penalties and\ninjunctive relief provided herein shall be recoverable in an action\nbrought by the Attorney General at the request and in the name of the\ncommissioner.\n
N.Y. PBA Law § 2767 — New York Code / Act PBA / Article 8 / Title 31 / Section 2767
Actions against authority
Status: in_force

§ 2767. Actions against authority. 1. Except in an action for wrongful\ndeath, no action or special proceeding shall be prosecuted or maintained\nagainst the authority, its members, officers, or employees for personal\ninjury or damage to real or personal property alleged to have been\nsustained by reason of the negligence, tort or wrongful act of the\nauthority or of any member, officer, agent or employee thereof, unless\n(i) a notice of claim shall have been made and served upon the authority\nwithin the time limit set by and in compliance with section fifty-e of\nthe general municipal law, (ii) it shall appear by and as an allegation\nin the complaint or moving papers that at least thirty days have elapsed\nsince the service of such notice and that adjustment or payment thereof\nhas been neglected or refused, (iii) the action or special proceeding\nshall be commenced within one year and ninety days after the happening\nof the event upon which the claim is based, and (iv) an action against\nthe authority for wrongful death shall be commenced in accordance with\nthe notice of claim and time limitation provisions of title eleven of\narticle nine of this chapter.\n  2. Whenever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority may require any person presenting for settlement an\naccount or claim for any cause whatever against the authority to be\nsworn before a member, counsel or an attorney, officer or employee of\nthe authority designated for such purpose, concerning such account or\nclaim and, when so sworn, to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  4. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this title in which the\nauthority may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of the county.\n  5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section five thousand four of the civil practice law\nand rules. Interest on payments of principal or interest on any bonds in\ndefault shall accrue at the rate borne by such bonds from the due date\nthereof until paid or otherwise satisfied.\n
N.Y. PBA Law § 2755 — New York Code / Act PBA / Article 8 / Title 31 / Section 2755
Transfer of officers and employees
Status: in_force

§ 2755. Transfer of officers and employees. 1. In accordance with the\nprovisions of section seventy of the civil service law, any officer or\nemployee of the county, selected by the authority may, with the consent\nof the county executive, be transferred to the authority and shall be\neligible for such transfer and appointment, without further examination,\nto applicable offices, positions and employment under the authority.\n  2. A transferred employee shall remain in the same collective\nbargaining unit as was the case prior to his or her transfer; successor\nemployees to the positions held by such transferred employees shall,\nconsistent with the provisions of article fourteen of the civil service\nlaw, be included in the same unit as their predecessors. Employees\nserving in positions in newly created titles shall be assigned to such\nsame collective bargaining unit if they would have been assigned to such\nunit were such titles created prior to the establishment of the\nauthority. Nothing contained in this title shall be construed to\ndiminish (a) the rights of employees pursuant to a collective bargaining\nagreement or (b) to affect existing law with respect to an application\nto the public employment relations board seeking a designation by the\nboard that certain persons are managerial or confidential.\n
N.Y. PBA Law § 2759 — New York Code / Act PBA / Article 8 / Title 31 / Section 2759
Bonds of the authority
Status: in_force

§ 2759. Bonds of the authority. 1. The authority shall have the power\nand is hereby authorized from time to time to issue bonds, notes or\nother obligations to pay the cost of any project or for any other\ncorporate purpose, including the establishment of reserves to secure the\nbonds, the payment of principal of, premium, if any, and interest on the\nbonds and the payment of incidental expenses in connection therewith.\nThe aggregate principal amount of such bonds, notes or other obligations\nshall not exceed two hundred million dollars ($200,000,000), excluding\nbonds, notes or other obligations issued to refund or otherwise repay\nbonds, notes or other obligations theretofore issued for such purposes;\nprovided, however, that upon any such refunding or repayment the total\naggregate principal amount of outstanding bonds, notes or other\nobligations may be greater than two hundred million dollars\n($200,000,000) only if the present value of the aggregate debt service\nof the refunding or repayment bonds, notes or other obligations to be\nissued shall not exceed the present value of the aggregate debt service\nof the bonds, notes or other obligations so to be refunded or repaid.\nFor purposes hereof, the present values of the aggregate debt service of\nthe refunding or repayment bonds, notes or other obligations and of the\naggregate debt service of the bonds, notes or other obligations so\nrefunded or repaid, shall be calculated by utilizing the effective\ninterest rate of the refunding or repayment bonds, notes or other\nobligations, which shall be that rate arrived at by doubling the\nsemi-annual interest rate (compounded semi-annually) necessary to\ndiscount the debt service payments on the refunding or repayment bonds,\nnotes or other obligations from the payment dates thereof to the date of\nissue of the refunding or repayment bonds, notes or other obligations\nand to the price bid including estimated accrued interest or proceeds\nreceived by the authority including estimated accrued interest from the\nsale thereof. The authority shall have power and is hereby authorized to\nenter into such agreements and perform such acts as may be required\nunder any applicable federal legislation to secure a federal guarantee\nof any bonds.\n  2. The authority shall have power from time to time to renew bonds or\nto issue renewal bonds for such purpose, to issue bonds to pay bonds,\nand, whenever it deems refunding expedient, to refund any bond by the\nissuance of new bonds, whether the bonds to be refunded have or have not\nmatured, and may issue bonds partly to refund bonds then outstanding and\npartly for any other corporate purpose of the authority. Bonds (other\nthan notes or other evidence of indebtedness) issued for refunding\npurposes, which have a final maturity date longer than the maturity of\nthe bonds being refunded, shall be approved by a resolution of the\ncounty legislature adopted by a majority vote and approved by the county\nexecutive. Bonds issued for refunding purposes shall be sold and the\nproceeds applied to the purchase, redemption or payment of the bonds or\nnotes to be refunded.\n  3. Bonds issued by the authority may be general obligations secured by\nthe faith and credit of the authority or may be special obligations\npayable solely out of particular revenues or other moneys as may be\ndesignated in the proceedings of the authority under which the bonds\nshall be authorized to be issued, subject as to priority only to any\nagreements with the holders of outstanding bonds pledging any particular\nproperty, revenues or moneys. The authority may also enter into loan\nagreements, lines of credit and other security agreements and obtain for\nor on its behalf letters of credit, insurance, guarantees or other\ncredit enhancements to the extent now or hereafter available, in each\ncase for securing its bonds or to provide direct payment of any costs\nwhich the authority is authorized to pay.\n  4. Bonds shall be authorized by resolution of the authority, be in\nsuch denominations and bear such date or dates and mature at such time\nor times, as such resolution may provide, provided that bonds and\nrenewals thereof shall mature within forty years from the date of\noriginal issuance of any such bonds.\n  Bonds shall be subject to such terms of redemption, bear interest at\nsuch rate or rates, be payable at such times, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in such medium of payment at such place or\nplaces, and be subject to such terms and conditions as such resolution\nmay provide.\n  Notwithstanding any other provision of law, the bonds of the authority\nissued pursuant to this section shall be sold to the bidder offering the\nlowest true interest cost, taking into consideration any premium or\ndiscount not less than four nor more than fifteen days, Sundays\nexcepted, after a notice of such sale has been published at least once\nin a newspaper of general circulation in the area served by the\nauthority, which shall state the terms of the sale. The terms of the\nsale may not change unless notice of such change is published in such\nnewspaper at least one day prior to the date of the sale as set forth in\nthe original notice of sale. Advertisements shall contain a provision to\nthe effect that the authority, in its discretion, may reject any or all\nbids made in pursuance of such advertisements, and in the event of such\nrejection, the authority is authorized to negotiate a private or public\nsale or readvertise for bids in the form and manner above described as\nmany times as, in its judgment, may be necessary to effect a\nsatisfactory sale.\n  Notwithstanding the provisions of the preceding paragraph, whenever in\nthe judgment of the authority the interests of the authority will be\nserved thereby, the members of the authority, on the written\nrecommendation of the chairperson, may authorize the sale of such bonds\nat private or public sale on a negotiated basis or on either a\ncompetitive or negotiated basis. The authority shall set guidelines\ngoverning the terms and conditions of any such private or public sales.\n  The private or public bond sale guidelines set by the authority shall\ninclude, but not be limited to a requirement that where the interests of\nthe authority will be served by a private or public sale of bonds, the\nauthority shall select underwriters for private or public bond sales\nconducted pursuant to a request for proposal process undertaken at least\nonce annually and consideration of proposals from qualified underwriters\ntaking into account, among other things, qualifications of underwriters\nas to experience, their ability to structure and sell authority bond\nissues, anticipated costs to the authority, the prior experience of the\nauthority with the firm, if any, the capitalization of such firms,\nparticipation of qualified minority and women-owned business enterprise\nfirms in such private or public sales of bonds of the authority and the\nexperience and ability of firms under consideration to work with\nminority and women-owned business enterprises so as to promote and\nassist participation by such enterprises.\n  The authority shall have the power from time to time to amend such\nprivate bond sale guidelines in accordance with the provisions of this\nsubdivision.\n  No private or public bond sale on a negotiated basis shall be\nconducted by the authority without prior approval of the comptroller.\n  The authority shall annually prepare and approve a bond sale report\nwhich shall include the private or public bond sale guidelines as\nspecified in this subdivision, amendments to such guidelines since the\nlast private or public bond sale report, an explanation of the bond sale\nguidelines and amendments, and the results of any sale of bonds\nconducted during the fiscal year. Such bond sale report may be a part of\nany other annual report that the authority is required to make.\n  The authority shall annually submit its bond sale report to the\ncomptroller and copies thereof to the senate finance committee and the\nassembly ways and means committee.\n  The authority shall make available to the public copies of its bond\nsale report upon reasonable request therefor.\n  Nothing contained in this subdivision shall be deemed to alter, affect\nthe validity of, modify the terms of or impair any contract or agreement\nmade or entered into in violation of, or without compliance with, the\nprovisions of this subdivision.\n  5. Any resolution or resolutions authorizing bonds or any issue of\nbonds may contain provisions which may be a part of the contract with\nthe holders of the bonds thereby authorized as to:\n  (a) pledging all or any part of the revenues, other moneys or property\nof the authority to secure the payment of the bonds, or any costs of\nissuance thereof, including but not limited to any contracts, earnings\nor proceeds of any grant to the authority received from any private or\npublic source subject to such agreements with bondholders as may then\nexist;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) the rates, rents, fees and other charges to be fixed and collected\nby the authority and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) the creation of special funds into which any revenues or moneys\nmay be deposited;\n  (i) the terms and provisions of any trust, mortgage, deed or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to this title and limiting or abrogating the rights\nof the bondholders to appoint a trustee under such section or limiting\nthe rights, duties and powers of such trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  6. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to adopt resolutions and enter into such trust\nindentures, agreements or other instruments as the authority may deem\nnecessary, convenient or desirable concerning the use or disposition of\nits revenues or other moneys or property, including the mortgaging of\nany property and the entrusting, pledging or creation of any other\nsecurity interest in any such revenues, moneys or property and the doing\nof any act, including refraining from doing any act which the authority\nwould have the right to do in the absence of such resolutions, trust\nindentures, agreements or other instruments. The authority shall have\npower to enter into amendments of any such resolutions, trust\nindentures, agreements or other instruments. The provisions of any such\nresolutions, trust indentures, agreements or other instruments may be\nmade a part of the contract with the holders of bonds of the authority.\n  7. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  8. Whether or not the bonds are of such form and character as to be\nnegotiable instruments under the terms of the uniform commercial code,\nthe bonds are hereby made negotiable instruments within the meaning of\nand for all the purposes of the uniform commercial code, subject only to\nthe provisions of the bonds for registration.\n  9. Neither the members of the authority nor any person executing its\nbonds shall be liable personally on its bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  10. Subject to such agreements with bondholders as may then exist, the\nauthority shall have power out of any funds available therefor to\npurchase bonds of the authority, which shall thereupon be cancelled, at\na price not exceeding (a) if the bonds are then redeemable, the\nredemption price then applicable plus accrued interest to the next\ninterest payment date, or (b) if the bonds are not then redeemable, the\nredemption price applicable on the first date after such purchase upon\nwhich the bonds become subject to redemption plus accrued interest to\nthe next interest payment date. Bonds so purchased shall thereupon be\ncancelled.\n
N.Y. PBA Law § 2766 — New York Code / Act PBA / Article 8 / Title 31 / Section 2766
Exemption from taxes, assessments and certain fees
Status: in_force

§ 2766. Exemption from taxes, assessments and certain fees. 1. The\nauthority shall not be required to pay any fees, taxes, special ad\nvalorem levies or assessments, whether state or local, including but not\nlimited to fees, taxes, special ad valorem levies or assessments on real\nproperty, franchise taxes, sales taxes or other excise taxes, upon any\nproperty owned by it or under its jurisdiction, control or supervision,\nor upon the uses thereof, or upon its activities in the operation and\nmaintenance of its facilities or any fares, tolls, rentals, rates,\ncharges, fees, revenues or other income received by the authority.\nNotwithstanding the previous sentence, the authority shall be required\nto pay water and pure water fees or charges imposed by any public\ncorporation. The authority shall at all times be exempt from any filing,\nmortgage recording or transfer fees or taxes in relation to instruments\nfiled, recorded or transferred by it or on its behalf. The construction,\nuse, occupation or possession of any property owned by the authority or\nthe county, including improvements thereon, by any person or public\ncorporation under a lease, lease and sublease or any other agreement\nshall not operate to abrogate or limit the foregoing exemption,\nnotwithstanding that the lessee, user, occupant or person in possession\nshall claim ownership for federal income tax purposes.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom as well as the property of the authority shall at all times be\nexempt from taxes, except for transfer and estate taxes. The state\nhereby covenants with the purchasers and with all subsequent holders and\ntransferees of bonds issued by the authority pursuant to this title, in\nconsideration of the acceptance of and payment for the bonds, that the\nbonds of the authority issued pursuant to this title and the income\ntherefrom and all revenues, moneys, and other property pledged to secure\nthe payment of such bonds shall at all times be free from taxation,\nexcept for transfer and estate taxes.\n
N.Y. PBA Law § 2770 — New York Code / Act PBA / Article 8 / Title 31 / Section 2770
Agreements relating to payment in lieu of taxes
Status: in_force

§ 2770. Agreements relating to payment in lieu of taxes. 1. In order\nto assure that municipalities may not suffer undue loss of taxes or\nassessments in the event that the authority acquires any airport from\nthe county, any person paying real property taxes or assessments as of\nthe date of the transfer of title from the county to the authority on\nany property located within any such airport shall make payments in lieu\nof taxes in an amount equal to the sums which would ordinarily be\nimposed as taxes by any municipality in which such property is located,\npursuant to the prevailing method of determining taxes and assessments.\n  2. Subject to any agreement with bondholders, the authority may, but\nis not required to, enter into agreements with any municipality of the\nstate to pay annual sums in lieu of taxes to any such municipality in\nrespect of any real property which is owned by the authority is located\nin such municipality and is used for public aviation purposes or\npollution control purposes. For the purposes of this section, such\npublic aviation purposes shall include without limitation air terminal\nfacilities, parking facilities, fuel facilities, maintenance facilities,\nand facilities for the loading, unloading, holding, interchange or\ntransfer of passengers, freight, baggage or cargo.\n  3. In the event that any real property owned by the authority is used\nor is to be used by the authority or a lessee thereof for purposes other\nthan public aviation purposes, the authority, or lessee thereof, as the\ncase may be, shall enter into agreements with any municipality of the\nstate to pay annual sums in lieu of taxes in respect of such real\nproperty located in such municipality. For the purposes of this section,\nsuch purposes other than public aviation purposes shall include without\nlimitation hotels, motels, restaurants and retail stores and concessions\nnot located within any air terminal building, office buildings to the\nextent not used by the authority or any other public corporation for its\nown corporate purposes, and such other buildings and improvements as\ndetermined by the authority to be not exclusively for public aviation\npurposes.\n  The authority shall determine (i) the amount of such annual payments\nin lieu of taxes, (ii) whether the use of such property is for purposes\nother than public aviation purposes and (iii) the extent to which such\nproperty is used for purposes other than public aviation purposes. In\nmaking such determinations the authority shall take into consideration\nthe recommendations, if any, of the county.\n
N.Y. PBA Law § 2752 — New York Code / Act PBA / Article 8 / Title 31 / Section 2752
Definitions
Status: in_force

§ 2752. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Airport" (a) shall mean any area of land or water which is used,\nor intended for use, for the landing and takeoff of aircraft, and any\nappurtenant areas which are used, or intended for use, for airport\nbuildings or other airport facilities or rights-of-way, together with\nall airport buildings and facilities located thereon; and (b) includes\nany heliport.\n  2. "Airport hazard" shall mean any structure or object of natural\ngrowth located on or in the vicinity of an airport, or any use of land\nnear such an airport, which obstructs the airspace required for the\nflight of aircraft in landing or taking off at such airport or is\notherwise hazardous to such landing or taking off of aircraft.\n  3. "Authority" shall mean the corporation created by this title.\n  4. "Aviation facilities" shall mean any airport facility or terminal\nincluding but not limited to any facility, property or equipment\nnecessary, convenient or desirable for the landing, taking off,\naccommodation or servicing of aircraft of all types, and shall include\nsuch other facilities, equipment, property, structures and appurtenances\nas may be necessary or convenient in the operation, maintenance,\ndevelopment or improvement of an airport including facilities,\nequipment, property, structures, and appurtenances, leased by the\nauthority to persons, engaged in air transportation or the production or\ndevelopment of materials, goods or equipment for an airport or air\ntransportation or in providing facilities or equipment for the\naccommodation, safety, security or comfort of the traveling public and\nfor purposes related or incidental to one or more of the foregoing\npurposes. It shall include, without limitation, runways, aprons,\nhangars, control towers, ramps, taxiways, navigation aids, warehouses,\noffice and service buildings, structures, parking facilities, concession\nfacilities, maintenance facilities, fuel facilities, facilities for the\novernight accommodation of passengers and carrier employees, including\nhotels and motels located at an authority's airport, and facilities for\nthe loading, unloading, holding, interchange or transfer of such\npassengers, freight, baggage or cargo.  It shall also mean any property\nnecessary to remove, mitigate, prevent or limit airport hazards. It\nshall also mean facilities and equipment providing access to an airport\nfacility or terminal, including appropriate mass transportation terminal\nfacilities at and within the airport facility or terminal itself. It\nshall also mean highways, access roads, driveways and approaches in the\nvicinity of an airport facility or terminal providing improved access to\nsuch airport facility or terminal. Notwithstanding any contrary\nprovision of law, general, special or local, it shall also mean railroad\nfreight projects related or of benefit to an airport facility or\nterminal consisting of railroad freight transportation facilities or\nrailroad freight terminal facilities; and any equipment, improvement,\nstructure or facility or any land, and any building, structure, facility\nor other improvement thereon, or any combination thereof, and all\nproperty in connection therewith or incidental thereto, deemed necessary\nor desirable in the opinion of the authority, whether or not now in\nexistence or under construction, for the undertaking of such railroad\nfreight projects.\n  5. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title and the\nprovisions of this title relating to bonds and bondholders which shall\napply with equal force and effect to notes and noteholders,\nrespectively, unless the context otherwise clearly requires.\n  6. "Construction" shall mean the acquisition, erection, building,\nalteration, repair, improvement, increase, enlargement, extension,\ninstallation, reconstruction, renovation or rehabilitation of a project\nincluding any appurtenances thereto which may be necessary or desirable\nto promote the efficiency or effectiveness of such project; the\ninspection and supervision thereof; and the engineering, consulting,\narchitectural, legal, fiscal and economic and environmental\ninvestigations and studies, surveys, designs, plans, working drawings,\nspecifications, procedures and other actions incidental thereto and\nclaims arising therefrom.\n  7. "Cost", as applied to any project, shall include the cost of\nconstruction, the cost of the acquisition of all property, both real and\npersonal, improved and unimproved, the cost of demolishing, removing or\nrelocating any buildings or structures on lands so acquired, including\nthe cost of relocating tenants or other occupants of the buildings or\nstructures on such land and the cost of acquiring any lands to which\nsuch buildings or structures may be moved or relocated, the cost of all\nsystems, facilities, machinery, apparatus and equipment, financing\ncharges, interest prior to, during and after construction to the extent\nnot paid or provided for from revenues or other sources, the cost of\nengineering and architectural surveys, plans and specifications, the\ncost of consultants' and legal services, the cost of lease guarantees,\ncredit enhancement or bond insurance, other expenses necessary or\nincidental to the construction of such project and the financing of the\nconstruction thereof, including the amount authorized in the resolution\nof the authority providing for the issuance of bonds to be paid into any\nreserve or other special fund from the proceeds of such bonds and the\nfinancing of the placing of any project in operation, including\nreimbursement to any public corporation, the state, the federal\ngovernment or any other person for expenditures that would be costs of\nthe project hereunder had they been made directly by the authority.\n  8. "County" shall mean Monroe county.\n  9. "Equipment" shall mean snow removal vehicles, fire fighting and\nrescue vehicle, passenger and freight vehicles, aircraft, motors,\nboilers, engines, wires, ways, conduits and mechanisms, machinery,\ntools, implements, materials, supplies, instruments and devices of every\nnature whatsoever used or useful for aviation and transportation\npurposes or for the generation or transmission of motive power including\nbut not limited to all power houses, and all apparatus and all devices\nfor navigation, security, safety, signalling, communications and\nventilation as may be necessary, convenient or desirable for the\noperation of aviation facilities and pollution control facilities.\n  10. "Facility" shall mean, among other things, such properties,\nstructures, appurtenances, utilities, terminals, railroad trackage,\nwarehouses, elevators and such other works, properties, buildings or\nallied items necessary or desirable in connection with development,\noperation, maintenance or improvement of airport and public\ntransportation needs and for the accommodation, safety, security or\ncomfort of the public and of commercial enterprise.\n  11. "Federal government" shall mean the United States of America, and\nany department, board, commission, bureau, division, corporation, agency\nor instrumentality thereof.\n  12. "Joint service arrangement" shall mean agreements between or among\nthe authority and any person, the state, the county, any other public\ncorporation, the federal government, any other state or agency or\ninstrumentality thereof, relating to property, buildings, structures,\nfacilities, services, rates, fares, classification, divisions,\nallowances or charges (including charges between operators of railroad,\nomnibus and aviation facilities), or rules or regulations pertaining\nthereto, for or in connection with or incidental to transportation in\npart in or upon railroad, omnibus or aviation facilities located within\nthe county and in part in or upon railroad, omnibus or aviation\nfacilities located outside the county.\n  13. "Municipality" shall mean a county, city, town, village or school\ndistrict.\n  14. "Person" shall mean any natural person, firm, partnership,\nassociation, joint venture or corporation, exclusive of a public\ncorporation.\n  15. "Personal property" shall mean chattels and other tangible things\nof a movable or removable nature.\n  16. "Pollution control facilities" shall mean any equipment,\nimprovement, structure or facility or any land and any building,\nstructure, facility or other improvement thereon, or any combination\nthereof, and all property deemed necessary therewith, which if within\nany city are not of a character or nature then or formerly furnished or\nsupplied by the city, having to do with or the end purpose of which is\nthe control, abatement or prevention of land, sewer, water, air, noise\nor general environmental pollution deriving from the operation of\naviation facilities, including, but not limited to any air pollution\ncontrol facility, noise abatement or suppression facility (including\nphysical barriers, landscaping and sound proofing for the purpose of\ndiminishing the effect of aircraft noise on any area adjacent to an\nairport), water management facility, waste water collecting system,\nwaste water treatment works, sewage treatment works system, or sewage\ntreatment system or site.\n  17. "Property" shall mean both real and personal property.\n  18. "Project" shall mean any property or improvements located within\nthe state of New York and within or outside or partially within and\npartially outside Monroe county, including, but not limited to,\nmachinery, equipment and other facilities deemed necessary or desirable\nin connection therewith, or incidental thereto, whether or not now in\nexistence or under construction, which shall be necessary or suitable\nfor aviation purposes and airport development and which may include or\nmean aviation facilities and pollution control facilities; provided,\nhowever, the authority shall not use its funds in respect of any part of\na project located wholly or partially outside the county without the\nprior consent thereto by the governing body of any other county in which\na part or parts of the project is, or is to be located. It shall also\nmean any property necessary to remove, mitigate, prevent or limit\nairport hazards.\n  19. "Public corporation" shall mean a county, city, town, village,\nschool district or special district, any public benefit corporation,\nagency or instrumentality of the state or of any municipality, or two or\nmore of any of the foregoing acting jointly.\n  20. "Real property" shall mean lands, structures, franchises and\ninterests in land, airspace, waters, lands under water, riparian rights,\nair rights, any fixtures, equipment and articles of personal property\naffixed to or used in connection therewith, and any and all things and\nrights included within said term and includes not only fees simple\nabsolute but also any and all lesser interests including but not limited\nto easements, rights of way, uses, leases, licenses and all other\nincorporeal hereditaments and every estate, interest or right, legal or\nequitable, including terms for years and liens thereon by way of\njudgments, mortgages, or otherwise.\n  21. "Revenues" shall mean all rates, fees, rents, revenues, charges\nand other income derived by the authority from the operation, leasing,\nsale or other disposition of a project or projects.\n  22. "State" shall mean the state of New York.\n
N.Y. PBA Law § 2769 — New York Code / Act PBA / Article 8 / Title 31 / Section 2769
Interest in contracts prohibited
Status: in_force

§ 2769. Interest in contracts prohibited. It shall be a misdemeanor\nfor any member, officer or employee of the authority to be in any way or\nmanner interested, directly or indirectly, in the furnishing of work,\nmaterials, supplies or labor, or in any contract therefor which the\nauthority is empowered by this title to make.\n
N.Y. PBA Law § 2764 — New York Code / Act PBA / Article 8 / Title 31 / Section 2764
Agreement with state
Status: in_force

§ 2764. Agreement with state. The state does hereby pledge to and\nagree with the holders of any bonds issued by the authority pursuant to\nthis title and with those persons or public corporations who may enter\ninto contracts with the authority pursuant to the provisions of this\ntitle that the state will not alter, limit or impair the rights hereby\nvested in the authority to purchase, construct, own and operate,\nmaintain, repair, improve, reconstruct, renovate, rehabilitate, enlarge,\nincrease and extend, or dispose of any project, or any part or parts\nthereof, for which bonds of the authority shall have been issued, to\nestablish and collect rates, rents, fees and other charges referred to\nin this title, to fulfill the terms of any contracts or agreements made\nwith or for the benefit of the holders of bonds or with any person or\npublic corporation with reference to such project or part thereof, or in\nany way to impair the rights and remedies of the holders of bonds, until\nthe bonds, together with interest thereon, including interest on any\nunpaid installments of interest, and all costs and expenses in\nconnection with any action or proceeding by or on behalf of the holders\nof bonds, are fully met and discharged and such contracts are fully\nperformed on the part of the authority. The authority is authorized to\ninclude this pledge and agreement of the state in any agreement with the\nholders of bonds.\n
N.Y. ENV Law § 15-3101 — New York Code / Act ENV / Article 15 / Title 31 / Section 15-3101
Short title
Status: in_force

§ 15-3101. Short title.\n  This title shall be known and may be cited as the "groundwater\nprotection act".\n
N.Y. PBA Law § 2762 — New York Code / Act PBA / Article 8 / Title 31 / Section 2762
Moneys of the authority
Status: in_force

§ 2762. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in a bank or banks designated by the\nauthority. The moneys in such accounts shall be paid out on check of the\ntreasurer upon requisition by such person or persons as the authority\nmay authorize to make such requisitions. All deposits of such moneys\nshall be secured by obligations of the United States or of the state or\nof any municipality of a market value equal at all times to the amount\non deposit and all banks and trust companies are authorized to give such\nsecurity for such deposits. To the extent practicable, consistent with\nthe cash requirements of the authority, all such moneys shall be\ndeposited in interest bearing accounts. The authority shall have power,\nnotwithstanding the provisions of this section, to contract with the\nholders of any bonds as to the custody, collection, security, investment\nand payment of any moneys of the authority or any moneys held in trust\nor otherwise for the payment of bonds or in any way to secure bonds, and\ncarry out any such contract notwithstanding that such contract may be\ninconsistent with the provisions of this section.  Moneys held in trust\nor otherwise for the payment of bonds or in any way to secure bonds and\ndeposits of such moneys may be secured in the same manner as moneys of\nthe authority and all banks and trust companies are authorized to give\nsuch security for such deposits. Any moneys of the authority not\nrequired for immediate use or disbursement may, at the discretion of the\nauthority, be invested in those obligations specified pursuant to the\nprovisions of section ninety-eight-a of the state finance law. Subject\nto the provisions of any contract with bondholders and with the approval\nof the comptroller, the authority shall prescribe a system of accounts.\n
N.Y. PBA Law § 2751 — New York Code / Act PBA / Article 8 / Title 31 / Section 2751
Statement of legislative findings and purpose
Status: in_force

§ 2751. Statement of legislative findings and purpose. The legislature\nhereby finds and declares as follows:\n  1. The economic well-being of the state and the general welfare of its\npeople require adequate, safe, secure and efficient aviation and\ntransportation facilities at a reasonable cost to the people.\n  2. The strengthening and improvement of aviation facilities and\nrelated services for the western part of the state is a matter of vital\nimportance not only to the residents of western New York but to all the\nstate's residents and is therefore a matter of state concern.\n  3. In order to insure a healthy economy for such area and to promote\nthe general welfare of its residents, it is necessary to expand and\nimprove the existing aviation facilities and services in Monroe county\nin such a manner as to stimulate and promote increased local, state,\nnational and international air travel and commerce through western New\nYork.\n  4. The health, welfare, safety and security of the state's residents\nand of those passengers using air transportation requires coordinated\noperation of aviation facilities and services in Monroe county by a\npublic benefit airport authority.\n  5. The purposes of such authority shall be (i) to stimulate and\npromote economic development, trade and tourism (ii) to acquire,\nconstruct, reconstruct, continue, develop, equip, expand, improve,\nmaintain, finance and operate aviation and other related facilities and\nservices within Monroe county (iii) to promote safe, secure, efficient\nand economical air transportation by preserving and enhancing airport\ncapacity (iv) to form an integral part of a safe and effective\nnationwide system of airports to meet the present and future needs of\ncivil aeronautics and national defense and to assure inclusion of the\nauthority's facilities in state, national and international programs for\nair transportation and for airport or airway capital improvement, all in\naccordance with the provisions of this title (v) to insure that aviation\nfacilities authorized pursuant to this title shall provide for the\nprotection and enhancement of the natural resources and the quality of\nthe environment of the state and the western New York area.\n  6. Such purposes are in all respects public purposes for the benefit\nof the people of the State of New York and for which public funds may be\nexpended and both the county and the authority in carrying out their\nrespective powers and duties under this title shall be deemed to be\nacting in a governmental capacity. The acquisition, construction,\nreconstruction, development, expansion, improvement, equipping,\noperation and maintenance of any project financed or undertaken by the\nauthority or the county shall be deemed to be the performance of an\nessential governmental function by the authority or the county acting in\nits governmental capacity, whether such project shall be owned or\noperated by the authority or by any person or public corporation.\n
N.Y. PBA Law § 2758 — New York Code / Act PBA / Article 8 / Title 31 / Section 2758
County approval required
Status: in_force

§ 2758. County approval required. Notwithstanding any inconsistent\nprovision of this title, no project, including but not limited to the\nacquisition of real property by the authority or the expansion of the\nauthority's aviation facilities, may be undertaken by the authority\nunless such project is approved by a resolution of the county\nlegislature adopted by a majority vote and approved by the county\nexecutive; provided, however, that Resolution No. 157 of 1989 of the\ncounty legislature approving an airport expansion project shall be\ndeemed to be an approval within the meaning of this section without\nfurther action by the county. All future projects not incorporated in or\ncontemplated by Resolution No. 157 of 1989 shall be subject to approval\nby the county legislature and the county executive as set forth in this\nsection.\n
N.Y. PBA Law § 2754 — New York Code / Act PBA / Article 8 / Title 31 / Section 2754
Advances on behalf of the authority; transfer of property to authority; acquisition of property by county for authority
Status: in_force

§ 2754. Advances on behalf of the authority; transfer of property to\nauthority; acquisition of property by county for authority. 1. In\naddition to any powers granted to it by law, the county may, from time\nto time, appropriate by resolution sums of money to defray project costs\nor any other costs and expenses of the authority including operating\nexpenses. Subject to the rights of bondholders, the county may determine\nif the moneys so appropriated shall be subject to repayment by the\nauthority to the county and, in such event, the manner and time or times\nfor such repayment.\n  2. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, any public corporation\nmay, by a majority vote of its governing body and the approval of its\nchief executive officer, give, grant, sell, convey, loan, license the\nuse of or lease to the authority any property or facilities, including\naviation facilities and pollution control facilities, which are useful\nin connection with the exercise by the authority of its powers under\nthis title. Any such gift, grant, sale, conveyance, loan, license or\nlease shall be upon such terms and conditions, and for such term or\nterms of years, subject to the rights of the holders of any bonds, as\nthe authority and such public corporation may agree. Any such gift,\ngrant, sale, conveyance, lease, loan or license shall not be subject to\nreferendum, permissive or mandatory. In the event that any public\ncorporation gives, grants, sells, conveys, loans, licenses or leases any\naviation facilities or pollution control facilities to the authority,\nsuch public corporation may contract with the authority to lease,\nborrow, license, operate, maintain, manage and provide services for such\nfacilities upon such terms and conditions and for such term or terms of\nyears, subject to the rights of holders of bonds, as the authority and\nsuch public corporation may agree. The authority, in furtherance of any\npurchase, conveyance or lease of any property or facility from any\npublic corporation, may assume the primary responsibility for the\npayment of the principal and interest on any bonds or notes issued by\nsuch public corporation for such property or facility. For purposes of\nsection 136.00 of the local finance law, any agreement by the authority\nto assume the primary responsibility for the payment of the principal\nand interest on any bonds or notes issued by any such public corporation\nshall, so long as such agreement shall continue to be honored by the\nauthority, cause such bonds or notes to be deemed to have been refunded\nand any such public corporation may deduct from its gross indebtedness\nany outstanding indebtedness contracted for such property or facility to\nbe acquired by the authority.\n  3. The county may acquire by purchase, grant, lease, gift or\ncondemnation pursuant to the eminent domain procedure law real property\nin the name of the county for any corporate purpose of the authority.\n  4. Notwithstanding the provisions of any other law, general, special\nor local, real property acquired by the authority or the county from the\nstate may be used for any corporate purpose of the authority.\n
N.Y. ENV Law § 15-3107 — New York Code / Act ENV / Article 15 / Title 31 / Section 15-3107
Groundwater information management
Status: in_force

§ 15-3107. Groundwater information management.\n  Information collected pursuant to this section shall be incorporated\ninto the geographic information system maintained by the department to\ntrack remedial programs, pursuant to section 3-0315 of this chapter.\n
N.Y. PBA Law § 2775 — New York Code / Act PBA / Article 8 / Title 31 / Section 2775
Effect of inconsistent provisions
Status: in_force

§ 2775. Effect of inconsistent provisions. In so far as the provisions\nof this title are inconsistent with the provisions of any other act,\ngeneral or special, or of the county charter or any local law, charter,\nordinance or resolution of the county or any other municipality, the\nprovisions of this title shall be controlling. Nothing contained in this\nsection shall be held to supplement or otherwise expand the powers or\nduties of the authority otherwise set forth in this title. Except as\nspecifically provided for in this title, in the performance of any of\nits functions, powers and duties, the authority shall be subject to all\napplicable general or special laws of the state, the county charter, and\nany local law, ordinance or resolution of the county.\n
N.Y. PBA Law § 2760 — New York Code / Act PBA / Article 8 / Title 31 / Section 2760
Remedies of bondholders
Status: in_force

§ 2760. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to this title:\n  1. In the event that the authority shall default in the payment of\nprincipal or of interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle or shall default in any agreement made with the holders of any\nissue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the county\nin which the principal office of the authority is located and proved or\nacknowledged in the same manner as a deed to be recorded, may appoint a\ntrustee to represent the holders of such bonds for the purpose herein\nprovided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds outstanding,\nshall in its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the authority to collect rents, rates, fees and charges adequate\nto carry out any agreement as to, or pledge of, such rents, rates, fees\nand charges and to require the authority to carry out any other\nagreements with the holders of such bonds to perform its duties under\nthis title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in the county.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\n  6. Any such trustee whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproject, the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith the holders of such bonds, shall take possession of all moneys and\nother property derived from such part or parts of the project and\nproceed with any construction thereon or the acquisition of any\nproperty, real or personal, in connection therewith that the authority\nis under obligation to do, and operate, maintain and reconstruct such\npart or parts of the project and collect and receive all revenues\nthereafter arising therefrom subject to any pledge or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the authority under the direction of\nthe court. In any suit, action or proceeding by the trustee, the fees,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom the project.\n
N.Y. PBA Law § 2773 — New York Code / Act PBA / Article 8 / Title 31 / Section 2773
Transfer of applications, proceedings, approvals and permits
Status: in_force

§ 2773. Transfer of applications, proceedings, approvals and permits.\n1. Any application, review or process in relation to or in furtherance\nof the purposes of or contemplated by this title heretofore filed or\nundertaken, or any proceeding heretofore commenced or any determination,\nfinding or award made, by the county or by the county with the federal\ngovernment, the state department of environmental conservation, the\nstate department of transportation or any other public corporation shall\ninure to and for the benefit of the authority to the same extent and in\nthe same manner as if the authority had been a party to such\napplication, review, process or proceeding from its inception, and the\nauthority shall be deemed a party thereto, to the extent not prohibited\nby any federal law. Any license, approval, permit, determination,\nfinding, award or decision heretofore or hereafter issued or granted\npursuant to or as a result of any such application, review, process or\nproceeding shall inure to the benefit of and be binding upon the\nauthority and shall be assigned and transferred by the county to the\nauthority unless such assignment and transfer is prohibited by federal\nlaw.\n  2. All such applications, proceedings, licenses, approvals, permits,\ndeterminations, findings, awards and decisions shall further inure to\nand for the benefit of and be binding upon any person leasing,\nacquiring, financing, constructing, maintaining, operating, using or\noccupying any facility financed in whole or in part by the authority.\n
N.Y. ENV Law § 15-3103 — New York Code / Act ENV / Article 15 / Title 31 / Section 15-3103
Legislative findings and intent
Status: in_force

§ 15-3103. Legislative findings and intent.\n  The legislature hereby finds and declares that:\n  1. The waters of the state are one of its most essential natural\nresources.\n  2. Adequate supplies of good quality groundwater are critical to the\nhealth and welfare of the residents of the state and to their economic\nwell-being. Groundwater contamination exists at levels which exceed\napplicable standards, criteria and guidance values at many sites around\nthe state, including inactive hazardous waste disposal sites, brownfield\nsites, and sites contaminated by the discharge of petroleum. The levels\nand types of contaminants, the extent of contamination, and the present\nand potential impacts on public health and the environment vary widely\nfrom site to site, but cumulatively could endanger the integrity of the\nwater resources of New York state.\n  3. Due to the complexity of groundwater contamination problems, the\nrestoration of groundwater to its classified use may not currently be\nfeasible at some sites.\n  4. It is the intent of the legislature that groundwater be protected\nfor its classified use, the highest of which is drinking water.\n
N.Y. PBA Law § 2756 — New York Code / Act PBA / Article 8 / Title 31 / Section 2756
General powers of the authority
Status: in_force

§ 2756. General powers of the authority. Except as otherwise limited\nby this title, the authority shall have power:\n  1. to sue and be sued;\n  2. to have a seal and alter the same at pleasure;\n  3. to borrow money and issue bonds for any of its corporate purposes\nor its projects and to provide for the rights of the holders thereof;\n  4. to make and alter by-laws for its organization and management, and,\nsubject to agreements with its bondholders, to make and alter rules and\nregulations governing the exercise of its powers and the fulfillment of\nits purposes under this title;\n  5. to acquire by purchase, grant, lease, gift, condemnation pursuant\nto the provisions of the eminent domain procedure law with the approval\nof the county, or otherwise and to hold and use property necessary,\nconvenient or desirable to carry out its corporate purposes, and to\nsell, convey, mortgage, lease, pledge, exchange or otherwise dispose of\nany such property in such manner as the authority shall determine;\n  6. to acquire, construct, reconstruct, lease, expand, improve,\nmaintain, equip, furnish, operate one or more projects and, if\nnecessary, to pay or finance the cost thereof;\n  7. to apply for and to accept gifts, grants, loans, or contributions\nof funds or property or financial or other aid in any form from, and\nenter into contracts or other transactions with, the federal government,\nthe state or any public corporation or any other source, and to use any\nsuch gifts, grants, loans or contributions for any of its corporate\npurposes;\n  8. to grant options to renew any lease with respect to any project or\nprojects and to grant options to buy any project at such price as the\nauthority may deem desirable;\n  9. to designate the depositories of its money;\n  10. to establish its fiscal year;\n  11. to enter into contracts, agreements and leases with the federal\ngovernment, the state, the county, any person or other public\ncorporation and to execute all instruments necessary or convenient to\naccomplishing its corporate purposes;\n  12. to appoint such officers, employees and agents as the authority\nmay require for the performance of its duties, and to fix and determine\ntheir qualifications, duties, and compensation subject to the provisions\nof the civil service law and any applicable collective bargaining\nagreement, and to retain or employ counsel, auditors, engineers and\nprivate consultants on a contract basis or otherwise for rendering\nprofessional, management or technical services and advice;\n  13. with the consent of the county executive to use employees, agents,\nconsultants and facilities of the county, paying the county its agreed\nproportion of the compensation or costs;\n  14. to make plans, surveys, and studies necessary, convenient or\ndesirable to the effectuation of the purposes and powers of the\nauthority and to prepare recommendations in regard thereto;\n  15. to enter upon such lands, waters or premises as in the judgment of\nthe authority may be necessary, convenient or desirable for the purpose\nof making surveys, soundings, borings and examinations to accomplish any\npurpose authorized by this title, the authority being liable for actual\ndamage done;\n  16. the authority may covenant and consent that the interest on any of\nits bonds or notes issued pursuant to this title shall be includible,\nunder the United States Internal Revenue Code of 1986, or any subsequent\ncorresponding internal revenue law of the United States, in gross income\nof the holders of the bonds or notes to the same extent and in the same\nmanner that the interest on bills, bonds, notes or other obligations of\nthe United States is includible in the gross income of the holders\nthereof under said Internal Revenue Code or any such subsequent law;\n  17. to do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title;\n  18. to insure or provide for the insurance of the authority's property\nor operations as required by law and also against such other risks as\nthe authority may deem advisable.\n
N.Y. PBA Law § 2761 — New York Code / Act PBA / Article 8 / Title 31 / Section 2761
State and county not liable on authority bonds
Status: in_force

§ 2761. State and county not liable on authority bonds. Neither the\nstate nor the county shall be liable on the bonds of the authority and\nsuch bonds shall not be a debt of the state or the county, and such\nbonds shall contain on the face thereof a statement to such effect.\n
N.Y. PBA Law § 2757 — New York Code / Act PBA / Article 8 / Title 31 / Section 2757
Special powers of the authority
Status: in_force

§ 2757. Special powers of the authority. In order to effectuate the\npurpose of this title:\n  1. The authority may enter into any joint service arrangements as\nhereinafter provided.\n  2. The authority may, on such terms and conditions as the authority\nmay determine necessary, convenient or desirable, establish, construct,\neffectuate, operate, manage, maintain, renovate, improve, extend or\nrepair any aviation facilities or pollution control facilities, or may\nprovide for such establishment, construction, effectuation, operation,\nmanagement, maintenance, renovation, improvement, extension or repair by\ncontract, lease, or other arrangement on such terms as the authority may\ndeem necessary, convenient or desirable with the federal government, any\nstate or agency or instrumentality thereof, any person or public\ncorporation. In connection with the operation of any such facilities,\nthe authority may establish, construct, effectuate, operate, manage,\nmaintain, renovate, improve, extend or repair or may provide by\ncontract, lease or other arrangement for the establishment,\nconstruction, effectuation, operation, management, maintenance,\nrenovation, improvement, extension or repair of any related services and\nactivities it deems necessary, convenient or desirable.\n  3. The authority may establish, fix, revise, levy and collect or cause\nto be established, fixed, revised, levied and collected and, in the case\nof a joint service arrangement, join with others in the establishment,\nfixing, revision, levy and collection of such fares, rentals, rates,\ncharges, landing and field use fees, concession fees and other fees as\nit may deem necessary, convenient or desirable for the use and operation\nof any aviation facilities, and related services operated or managed by\nthe authority or under contract, pollution control facilities, lease or\nother arrangement, including joint service arrangements, with the\nauthority. Such fares, rentals, rates, charges, landing and field use\nfees, concession fees or other fees shall be at least sufficient at all\ntimes in the judgment of the authority to establish and maintain the\ncombined operations of the authority on a self-sustaining basis. Such\noperations shall be deemed to be on a self-sustaining basis as required\nby this title, when the authority is able to pay or fund or cause to be\npaid or funded from revenues and any other funds actually available to\nthe authority (i) the principal of, premium, if any, and the interest on\nthe outstanding bonds of the authority as the same shall become due and\npayable and any capital or debt service reserve therefor and, to the\nextent required by any agreement between the county and the authority,\nthe principal of and interest on any general obligation bonds, notes or\nother evidence of indebtedness of the county issued for or allocable to\nany project of the authority as the same shall become due and payable\nand any reserves therefor, (ii) the cost of administering, maintaining,\nrepairing and operating any project of the authority, (iii) the cost of\nconstructing capital improvements thereto pursuant to any agreement\nbetween the county and the authority, (iv) any liabilities incurred for\nor allocable to any project of the authority including any liabilities\nof the county assumed by the authority pursuant to any agreement between\nthe county and the authority, as the same become due and payable, (v)\nany requirements of any agreement including those relating to the\nestablishment of reserves for renewal and replacement and for\nuncollected fares, rentals, rates, charges and fees and covenants\nrespecting rates and debt service and earnings coverage ratios, (vi) all\nother reasonable and necessary expenses of the authority, and (vii) the\ncost of such additional projects as may be now or hereafter authorized\nby law and agreed to by the authority.\n  4. The authority may establish and, in the case of joint service\narrangements, join with others in the establishment of such schedules\nand standards of operations and such other rules and regulations\nincluding but not limited to rules and regulations governing the\nconduct, safety and security of the public as it may deem necessary,\nconvenient or desirable for the use, operation and management of any\nproject and related services operated or managed by the authority or\nunder contract, lease or other arrangement, including joint service\narrangements, with the authority. Such rules and regulations governing\nthe conduct, safety and security of the public shall be filed with the\ndepartment of state in the manner provided by section one hundred two of\nthe executive law. In the case of any conflict between any such rule or\nregulation of the authority governing the conduct, safety and security\nof the public and any local law, ordinance, rule or regulation, such\nrule or regulation of the authority shall prevail.\n  5. The authority may do all things it deems necessary, convenient or\ndesirable to manage, control and direct the maintenance and operation of\naviation facilities, equipment or property operated by or under\ncontract, lease or other arrangement with the authority. Except as\nagreed to pursuant to any agreement between the authority and any public\ncorporation and except as hereinafter specially provided, no\nmunicipality except for the county, shall have jurisdiction over any\nfacilities of the authority or any of its activities or operations. The\ncounty shall provide for such facilities police, fire and health\nprotection services.\n  6. The authority may accept unconditional grants of money or property\nfrom any municipality the whole or any part of which municipality shall\nbe served or to be served by an aviation facility operated by the\nauthority. Such grants of money or property would be for the purpose of\nassisting the authority in meeting its capital or operating expenses.\nThe acceptance of any such grant shall not operate to make the authority\nan agency of the municipality making the grant.\n  7. In any instance where the county is required by law, with respect\nto an airport or any aviation facilities, to conduct a public hearing in\nconnection with a contract, lease, joint service arrangement, charge,\nfare, rental or fee, the authority shall not enter into such contract,\nlease, joint service arrangement, or establish, fix, revise or levy any\ncharge, fare, rental, landing and field use fee, concession fee or other\nfee unless and until the authority has held a public hearing at which\ninterested persons have had an opportunity to be heard concerning the\nsame, provided however, if the county has conducted a public hearing in\nconnection with such contract, lease, joint service arrangement, charge,\nfare, rental or fee, the authority shall not be required to hold a\npublic hearing. Notice of such public hearing shall be published by the\nauthority at least ten days before the date set therefor, in at least\none newspaper of general circulation in the county. Such notice shall\nset forth the date, time and place of such hearing and shall include a\nbrief description of the matters to be considered at such meeting. At\nall such hearings, any interested persons shall have an opportunity to\nbe heard concerning the matters under consideration. Any decision of the\nauthority on matters considered at such public hearing shall be in\nwriting and be made available in the office of the authority for public\ninspection during regular office hours.\n
N.Y. PBA Law § 2771 — New York Code / Act PBA / Article 8 / Title 31 / Section 2771
Audit and annual report
Status: in_force

§ 2771. Audit and annual report. In conformity with the provisions of\nsection five of article ten of the constitution, the accounts of the\nauthority shall be subject to the supervision of the state comptroller\nand an annual audit shall be performed by an independent certified\naccountant. The authority shall annually submit to the governor and the\nstate comptroller and to the chairperson of the senate finance committee\nand the chairperson of assembly ways and means committee a detailed\nreport pursuant to the provisions of section two thousand eight hundred\nof title one of article nine of this chapter, and a copy of such report\nshall be filed with the clerk of the county legislature and the county\nexecutive.\n
N.Y. ENV Law § 15-3109 — New York Code / Act ENV / Article 15 / Title 31 / Section 15-3109
Groundwater remediation strategy
Status: in_force

§ 15-3109. Groundwater remediation strategy.\n  No later than three years after the effective date of this title, the\ndepartment, in consultation with the department of health, shall develop\nand publish a strategy to address the long-term remediation of\ngroundwater contamination, including strategies to protect groundwater\nfrom future degradation from contaminated sites.\n  1. Such strategy shall govern all programs within the department\nresponsible for groundwater protection and remediation. Such strategy\nshall include, but not be limited to:\n  (a) Recognition that both short- and long-term remediation strategies\nmay be necessary to address groundwater contamination.\n  (b) Identification of the long-term groundwater remedial activities\nthat are required to be taken by the state pursuant to title fourteen of\narticle twenty-seven of this chapter for sites which the department has\ndetermined pose a significant threat, or which can be initiated by the\nstate pursuant to other provisions of this chapter to address\ngroundwater contamination.\n  (c) Establishment of criteria for the prioritization of long-term\ngroundwater remediation activities to be performed by the department.\nSuch criteria shall include, but not be limited to:\n  (i) the current or reasonably anticipated future use of contaminated\ngroundwater as drinking water;\n  (ii) the current or reasonably anticipated future use of a groundwater\naquifer into which contaminated groundwater is flowing as drinking\nwater;\n  (iii) the current or reasonably anticipated future use of contaminated\ngroundwater for non-potable purposes including but not limited to\nrecreational uses, institutional uses and agricultural or\nnon-agricultural irrigation;\n  (iv) community needs;\n  (v) feasibility of remediation; and\n  (vi) protection of natural resources and minimizing the impairment of\nthe resource.\n  Notwithstanding subparagraphs (i) through (vi) of this paragraph,\nwhile the current use of groundwater as drinking water may be\nconsidered, the absence of such use shall not exclude the need for\nremediation.\n  2. A public comment period of at least one hundred twenty days shall\nbe held on the initial draft strategy. Such strategy shall be updated\nregularly based on progress made and the availability of new remedial\ntechnologies, scientific information, and field data. Each updated draft\nstrategy shall be released to the public, and will require a public\ncomment period of at least sixty days.\n  3. The department is responsible pursuant to title fourteen of article\ntwenty-seven of this chapter for the remediation of off-site groundwater\ncontamination emanating from sites being remediated by a volunteer,\nwhich sites have been determined to be a significant threat. Within six\nmonths of the determination of significant threat at a site being\nremediated by the volunteer the department shall bring an enforcement\naction against any parties known or suspected to be responsible for\ncontamination at or emanating from the site which is the subject of such\nagreement. If such action cannot be brought, or does not result in the\ninitiation of a remedial program by such party or parties at such site,\nthe department shall use best efforts to begin a remedial program to\nperform the remediation of off-site contamination at such site within\none year of the completion of such enforcement action or the completion\nof the volunteer's remedial program, whichever is later.\n
N.Y. PBA Law § 2763 — New York Code / Act PBA / Article 8 / Title 31 / Section 2763
Bonds legal investment for fiduciaries
Status: in_force

§ 2763. Bonds legal investment for fiduciaries. The bonds of the\nauthority are hereby made securities in which all public officers and\nbodies of the state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nand administrators, guardians, executors, trustees and other fiduciaries\nand all other persons whatsoever, who are now or may hereafter be\nauthorized to invest in bonds or other obligations of the state may\nproperly and legally invest funds including capital in their control or\nbelonging to them.  Notwithstanding other provisions of law, the bonds\nare also hereby made securities which may be deposited with and may be\nreceived by all public officers and bodies of the state and all\nmunicipalities for any purposes for which the deposit of bonds or other\nobligations of this state is now or hereafter may be authorized.\n
N.Y. PBA Law § 2768 — New York Code / Act PBA / Article 8 / Title 31 / Section 2768
Contracts
Status: in_force

§ 2768. Contracts. All contracts for construction shall be let by the\nauthority in conformity with the applicable provisions of section one\nhundred thirty-five of the state finance law and shall be let in\naccordance with the provisions of state law pertaining to prevailing\nwages, labor standards and working hours. In the case of industrial\nprojects, whenever the authority determines that trade secrets or other\nconfidential information about the prospective project occupant's\nbusiness operations, products, processes or designs would be revealed by\npublic bidding, the requirements of section one hundred thirty-five of\nthe state finance law with respect to public bidding may be waived.  In\nsuch event, separate specifications shall be prepared for, and separate\nand independent contracts shall be entered into, for the following three\nsubdivisions of work to be performed: (a) plumbing and gas fitting; (b)\nsteam heating, hot water heating, ventilating and air conditioning\napparatus; and (c) electric wiring and standard illuminating fixtures.\nThe authority may, in its discretion, assign contracts for supervision\nand coordination to the successful bidder for any subdivision of work\nfor which the authority receives bids. The authority shall not award any\nconstruction contract except to the lowest bidder who, in its opinion,\nis qualified to perform the work required and who is responsible and\nreliable. The authority may, however, reject any or all bids or waive\nany informality in a bid if it believes that the public interest will be\npromoted thereby. The authority may reject any bid if, in its judgment,\nthe business and technical organization, plant, resources, financial\nstanding, or experience of the bidder justifies such rejection in view\nof the work to be performed.\n
N.Y. ENV Law § 15-3105 — New York Code / Act ENV / Article 15 / Title 31 / Section 15-3105
Purpose
Status: in_force

§ 15-3105. Purpose.\n  It is the intent of the legislature that the department develop a\nstrategy to address contaminated groundwater and implement a program to\nremediate and manage groundwater resources in a manner that will ensure\nlong-term sustainability.\n
N.Y. ENV Law § 71-3101 — New York Code / Act ENV / Article 71 / Title 31 / Section 71-3101
Applicability of this title
Status: in_force

§ 71-3101. Applicability of this title.\n  In addition to the provisions of sections 71-0101 and 71-0301 the\nprovisions of this title shall apply to the enforcement of article 35 of\nthis chapter.\n
N.Y. PBA Law § 2772 — New York Code / Act PBA / Article 8 / Title 31 / Section 2772
Limited liability
Status: in_force

§ 2772. Limited liability. Neither members, officers or employees of\nthe authority, nor any municipality, or an officer or employee thereof\nacting on behalf of the authority, while acting within the scope of\ntheir authority, shall be subject to any personal liability resulting\nfrom the construction, maintenance or operation of any of the properties\nof the authority or from carrying out any of the powers expressly given\nin this title provided, however, that this section shall not be held to\napply to any independent contractor.\n
N.Y. PBG Law § 434 — New York Code / Act PBG / Article 13 / Title 31 / Section 434
Kingston Housing Authority
Status: in_force

§ 434. Kingston Housing Authority.  A municipal housing authority, to\nbe known as the Kingston Housing Authority, is hereby created and\nestablished for the city of Kingston in the county of Ulster for the\naccomplishment of any or all of the purposes specified in article\neighteen of the constitution of the state of New York. It shall\nconstitute a body corporate and politic, be perpetual in duration and\nconsist of five members. It shall have the powers and duties now or\nhereafter conferred by this chapter upon municipal housing authorities.\nIt shall be organized in the manner prescribed by and subject to the\nprovisions of this chapter, and the authority, its members, officers and\nemployees and its operations and activities shall in all respects be\ngoverned by the provisions of this chapter.\n
N.Y. PBA Law § 2750 — New York Code / Act PBA / Article 8 / Title 31 / Section 2750
Short title
Status: in_force

§ 2750. Short title. This title may be cited as the "Monroe County\nAirport Authority Act".\n
N.Y. PBA Law § 2774 — New York Code / Act PBA / Article 8 / Title 31 / Section 2774
Separability
Status: in_force

§ 2774. Separability. If any clause, sentence, paragraph, section, or\npart of this title shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section, or part thereof involved in\nthe controversy in which such judgment shall have been rendered.\n
N.Y. ENV Law § 27-3101 — New York Code / Act ENV / Article 27 / Title 31 / Section 27-3101
Waste tracking documents
Status: in_force

§ 27-3101. Waste tracking documents.\n  1. All generators in a city with a population of one million or more\nthat generate construction and demolition debris, as defined in section\n71-2702 of this chapter, shall provide waste transporters with a waste\ntracking document for each construction and demolition debris shipment,\nin a form prescribed or approved by the department, specifying the\nquantity and type of construction and demolition debris, and signed and\ndated by an authorized representative of the generator and with a\ncertification in a form prescribed by the department, which shall\ncontain a certification by the generator that the information therein is\ntrue, accurate and complete.\n  2. All transporters of construction and demolition debris generated in\na city with a population of one million or more shall:\n  (a) not accept a shipment of debris that does not match the quantity\nor type listed on the debris tracking document;\n  (b) have the debris tracking document signed by the receiving location\nor facility upon delivery of the solid debris and provide a copy of the\ntracking document to the receiving location or facility.\n  3. Failure to maintain such tracking documents is a class A\nmisdemeanor.\n
N.Y. ENV Law § 15-3111 — New York Code / Act ENV / Article 15 / Title 31 / Section 15-3111
Rules and regulations
Status: in_force

§ 15-3111. Rules and regulations.\n  The commissioner shall promulgate rules and regulations necessary and\nappropriate to carry out the purposes of this title.\n