N.Y. PBA Law § 2063 — New York Code / Act PBA / Article 8 / Title 14 / Section 2063
Bonds legal investments for public officers and fiduciaries
Status: in_force

* § 2063. Bonds legal investments for public officers and fiduciaries.\nThe bonds are hereby made securities in which all public officers and\nbodies of this state and all municipalities and municipal subdivisions,\nall insurance companies and associations and other persons carrying on\nan insurance business, all banks, bankers, trust companies, savings\nbanks and savings associations, including savings and loan associations,\ninvestment companies and other persons carrying on a banking business\nand all other persons whatsoever, except as hereinafter provided, who\nare now or may hereafter be authorized to invest in bonds or other\nobligations of the state, may properly and legally invest funds\nincluding capital in their control or belonging to them; provided that,\nnotwithstanding the provisions of any other general or special law to\nthe contrary, such shall not be eligible for the investment of funds,\nincluding capital, trusts, estates or guardianships under the control of\nindividual administrators, guardians, executors, trustees and other\nindividual fiduciaries. The bonds are also hereby made securities which\nmay be deposited with and may be received by all public officers and\nbodies of this state and all municipalities and municipal subdivisions\nfor any purpose for which the deposit of bonds or other obligations of\nthis state is now or may hereafter be authorized.\n  * NB Authority dissolved September 1, 1977\n
N.Y. PBA Law § 1599-L*3 — New York Code / Act PBA / Article 7 / Title 14** / Section 1599-L*3
Bonds legal investments for public officers
Status: in_force

* § 1599-l. Bonds legal investments for public officers. The bonds are\nhereby made securities in which all public officers and bodies of this\nstate and all municipalities and municipal subdivisions, all insurance\ncompanies and associations and other persons carrying on an insurance\nbusiness, all banks, bankers, trust companies, savings banks and savings\nassociations, including savings and loan associations, building and loan\nassociations, investment companies and other persons carrying on a\nbanking business, and all other persons whatsoever except as hereinafter\nprovided, who are now or may hereafter be authorized to invest in bonds\nor other obligations of the state, may properly and legally invest funds\nincluding capital in their control or belonging to them; provided that,\nnotwithstanding the provisions of any other general or special law to\nthe contrary, such bonds shall not be eligible for the investment of\nfunds, including capital, of trusts, estates or guardianships under the\ncontrol of individual administrators, guardians, executors, trustees and\nother individual fiduciaries. The bonds are also hereby made securities\nwhich may be deposited with and shall be received by all public officers\nand bodies of this state and all municipalities and municipal\nsubdivisions for any purpose for which the deposit of bonds or other\nobligations of this state is now or may hereafter be authorized.\n  * NB Authority ceased to exist 07/01/1974\n  * NB There are 4 § 1599-l's\n
N.Y. ENV Law § 27-1437 — New York Code / Act ENV / Article 27 / Title 14 / Section 27-1437
BCP-EZ program
Status: in_force

§ 27-1437. BCP-EZ program.\n  1. The department may promulgate regulations to implement a program\nproviding for the expedited investigation and/or remediation of\ncontamination at brownfield sites (BCP-EZ program), provided that:\n  (a) at the time of the application, the department has determined that\nthe brownfield site does not pose a significant threat pursuant to\nsection 27-1411 of this title;\n  (b) the applicant has waived in writing any claim for tax credits\npursuant to section twenty-one of the tax law on a form prescribed by\nthe department; and\n  (c) the activity is conducted in a manner which satisfies all\nrequirements applicable to like activity conducted pursuant to sections\n27-1415 and 27-1417 of this title, except as provided in subdivision two\nof this section and the time periods specified in paragraphs (b) and (c)\nof subdivision three of section 27-1417 of this title.\n  2. For any site accepted into the BCP-EZ program pursuant to this\nsection with a remedial work plan identifying a Track 4 remediation, if\na contaminant is identified in soil in excess of the remedial action\nobjectives contained in an applicable generic table developed pursuant\nto subdivision six of section 27-1415 of this title, the applicant may\nuse site-specific data to demonstrate to the department that the\nconcentration of the contaminant in the soils reflects background\nconditions and, in that case, a contaminant-specific action objective\nfor such contaminant equal to such background concentration may be\nestablished provided that such objective is protective of the public\nhealth and the environment and is determined in a manner acceptable to\nthe department.\n  3. Upon the department's acceptance of the certification by the\napplicant that the remediation requirements of this title, pursuant to\nsection 27-1419 of this title, have been achieved for the brownfield\nsite and an environmental easement, if necessary, has been created and\nfiled pursuant to title thirty-six of article seventy-one of this\nchapter, a site in the BCP-EZ program shall be eligible to receive a\ncertificate of completion in accordance with section 27-1419 of this\ntitle; provided, however, that such certificate of completion shall not\nentitle the holder to any tax credits provided by section twenty-one of\nthe tax law.\n
N.Y. PBA Law § 1599-I*3 — New York Code / Act PBA / Article 7 / Title 14** / Section 1599-I*3
Notes of the authority
Status: in_force

* § 1599-i. Notes of the authority. The authority shall have power\nfrom time to time to issue notes and from time to time to issue renewal\nnotes (herein referred to as notes) maturing not later than five years\nfrom their respective original dates in an amount not exceeding at any\ntime one hundred thousand dollars, over and above the amount of bonds\nauthorized by subdivision one of section 1599-h of this title, for any\npurpose or purposes for which bonds may be issued, whenever the\nauthority shall determine that payment thereof can be made in full from\nany moneys or revenues which the authority expects to receive from any\nsource. Such notes may, among other things, be issued to provide funds\nto pay preliminary costs of surveys, plans or other matters relating to\nany proposed project. The authority may pledge such moneys or revenues\n(subject to any other pledge thereof) for the payment of the notes and\nmay in addition secure the notes in the same manner and with the same\neffect as herein provided for bonds. The notes shall be issued in the\nsame manner as bonds. The authority shall have power to make contracts\nfor the future sale from time to time of the notes, by which the\npurchasers shall be committed to purchase the notes from time to time on\nterms and conditions stated in such contracts, and the authority shall\nhave power to pay such consideration as it shall deem proper for such\ncommitments. In case of default on its notes or violation of any of the\nobligations of the authority to the noteholders, the noteholders shall\nhave all the remedies provided herein for bondholders.\n  * NB Authority ceased to exist 07/01/1974\n  * NB There are 4 § 1599-i's\n
N.Y. ENV Law § 27-1425 — New York Code / Act ENV / Article 27 / Title 14 / Section 27-1425
Change of use
Status: in_force

§ 27-1425. Change of use.\n  1. At least sixty days before the start of physical alteration or\nconstruction constituting a change of use at a brownfield site or at\nleast sixty days before a change of use at such site not involving any\nphysical alteration or construction, as the case may be, the person or\nentity proposing to make a change of use shall provide written\nnotification to the department.\n  2. No person shall engage in any activity at a brownfield site that is\nnot consistent with restrictions placed upon the use of the property, or\nthat will, or that reasonably is anticipated to: prevent or interfere\nsignificantly with a proposed, ongoing, or completed remedial program;\nor expose the public health or the environment to a significantly\nincreased threat of harm or damage from such site. If the commissioner\ndetermines that a proposed change of use is prohibited pursuant to this\nsection, he or she shall, within forty-five days after receipt of the\ncomplete notice required by this section, provide the person giving such\nnotice with a written determination that such change of use will not be\nauthorized, together with the reasons for such determination.\n  3. For the purposes of this section:\n  (a) "change of use" means the transfer of title to all or part of such\nbrownfield site, the erection of any structure on such site, the\ncreation of a park or other public or private recreational facility on\nsuch site, or any activity that is likely to disrupt or expose\ncontamination or to increase direct human exposure; or any other conduct\nthat will or may tend to significantly interfere with an ongoing or\ncompleted remedial program at such site and the continued ability to\nimplement the engineering and institutional controls associated with\nsuch site.\n  (b) "complete notice" means a notice that adequately apprises the\ndepartment of the contemplated change of use of such site and how such\nchange of use may affect the site's proposed, ongoing, or completed\nremedial program.\n
N.Y. ENV Law § 17-1407 — New York Code / Act ENV / Article 17 / Title 14 / Section 17-1407
Priority nonpoint source pollution
Status: in_force

§ 17-1407. Priority nonpoint source pollution.\n  From the inventory developed pursuant to section 17-1405 of this title\nthe commissioner, after consultation with the state soil and water\nconservation committee, shall develop a prioritized list of water\nbodies, management of which will reduce and control nonpoint source\npollution and improve water quality. In developing such list,\nconsideration shall be given to the existing water quality of the water\nbody, the best usage of the water body pursuant to section 17-0301 of\nthis article and its potential for improvement.\n
N.Y. PBA Law § 2050 — New York Code / Act PBA / Article 8 / Title 14 / Section 2050
Short title
Status: in_force

* § 2050. Short title. This title may be cited as the "Broome County\nSports Center Authority Act".\n  * NB Authority dissolved September 1, 1977\n
N.Y. PBA Law § 2051 — New York Code / Act PBA / Article 8 / Title 14 / Section 2051
Legislative findings
Status: in_force

* § 2051. Legislative findings. It is hereby found, determined and\ndeclared that the construction and operation of a sports center at a\nsuitable location within the county of Broome, to be determined by the\nlocal legislative body of Broome county, which sports center shall\nprovide adequate facilities for such amateur, professional and\nscholastic sports events as the authority shall deem advisable; for the\nconduct of meetings, exhibitions and other events of civic, community\nand general public interest essential to the health, welfare and\nprosperity of the people of the county of Broome; that the erection and\nmaintenance of a sports center is essential to maintain the competitive\nposition of the county of Broome in the field of sports and exhibition\nin relation to other counties within the state of New York and other\nmunicipalities outside the state of New York; that the location of such\na sports center within the county of Broome, to be determined by the\nlocal legislative body of such county and the creation and maintenance\nof adequate traffic, parking, transportation and other facilities\nincidental and useful in the operation of a sports center is part of an\noverall community rehabilitation and improvement project and are in all\nrespects beneficial to the people of the state of New York, and more\nparticularly for the people of the county of Broome, for the improvement\nof their health, welfare, recreation and prosperity, for the promotion\nof competitive sports for youth and the prevention of juvenile\ndelinquency; and that such purposes are public purposes which cannot be\nadequately attained except by the exercise of the powers of government,\nand that the authority is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n  * NB Authority dissolved September 1, 1977\n
N.Y. PBA Law § 2066 — New York Code / Act PBA / Article 8 / Title 14 / Section 2066
Remedies of bondholders
Status: in_force

* § 2066. Remedies of bondholders. a. In the event that the authority\nshall default in the payment of principal of or interest on any issue of\nthe bonds after the same shall become due, whether at maturity or upon\ncall for redemption, and such default shall continue for a period of\nthirty days, or in the event that the authority shall fail or refuse to\ncomply with the provisions of this title, or shall default in any\nagreement made with the holders of any issue of the bonds, the holders\nof twenty-five per centum in aggregate principal amount of the bonds of\nsuch issue then outstanding, by instrument or instruments filed in the\noffice of the clerk of the county of Broome and proved or acknowledged\nin the same manner as a deed to be recorded, may appoint a trustee to\nrepresent the holders of such bonds for the purposes herein provided.\n  b. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his or its own name\n  (1) by suit, action or proceeding at law or in equity enforce all\nrights of the bondholders, including the right to require the authority\nto collect revenues adequate to carry out by any agreement as to, or\npledge of, such revenues, and to require the authority to carry out any\nother agreements with the holders of such bonds and to perform its\nduties under this title;\n  (2) bring suit upon such bonds;\n  (3) by action in suit in equity, require the authority to account as\nif it were the trustee of an express trust for the holders of such\nbonds;\n  (4) by action or suit in equity, enjoin any acts or things which may\nbe unlawful or in violation of the rights of the holders of such bonds;\n  (5) 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  c. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of the bondholders. The venue of any\nsuch suit, action or proceeding shall be laid in the county of Broome.\n  d. Before declaring the principal of all such bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  e. 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 the receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith bondholders, shall take possession of all moneys and other property\nderived from or applicable to the construction, operation, maintenance\nand reconstruction of such part or parts of the project and proceed with\nany construction thereon which the authority is under obligation to do\nand to operate, maintain and reconstruct such part or parts of the\nproject and collect and receive all revenues thereafter arising\ntherefrom subject to any pledge thereof or agreement with bondholders\nrelating thereto and perform the public duties and carry out the\nagreements and obligations of the authority under the direction of the\ncourt. 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 such project.\n  f. The 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  * NB Authority dissolved September 1, 1977\n
N.Y. PBA Law § 1599-J*3 — New York Code / Act PBA / Article 7 / Title 14** / Section 1599-J*3
Agreements of the state
Status: in_force

* § 1599-j. Agreements of the state. 1. The city of Niagara Falls does\npledge to and agree with the holders of the bonds that the city will not\nlimit or alter the rights hereby vested in the authority to acquire,\nconstruct, maintain, reconstruct and operate the project or projects, to\nestablish and collect rentals, fees and other charges and to fulfill the\nterms of any agreements made with the holders of the bonds, or in any\nway impair the rights and remedies of the bondholders, until the bonds,\ntogether with interest thereon, with interest on any unpaid installments\nof interest and all costs and expenses in connection with any action or\nproceeding by or on behalf of the bondholders, are fully met and\ndischarged.\n  2. The authority is hereby authorized, in its discretion, for and on\nbehalf of itself and the city of Niagara Falls to covenant and agree\nwith the holders of the bonds, with such exceptions and limitations as\nit may deem in the public interest, that no public parking areas except\nthose acquired and operated by the authority will be constructed or\noperated in the city by the city, or by any public benefit or other\ncorporation the members or some of which are elected or are appointed by\ncity officials, until either (a) the bonds, together with interest\nthereon, interest on any unpaid installments of interest and all costs\nand expenses in connection with any action or proceeding by or on behalf\nof the bondholders are fully met and discharged or (b) principal or\ninterest of any of the bonds shall be overdue and unpaid for a period of\nthree years or more, provided that nothing herein contained shall be\ndeemed to impair the right of the city to install and operate parking\nmeters on the public streets of the city.\n  * NB Authority ceased to exist 07/01/1974\n  * NB There are 4 § 1599-j's\n
N.Y. GOB Law § 5-1401 — New York Code / Act GOB / Article 5 / Title 14 / Section 5-1401
Choice of law
Status: in_force

§ 5-1401. Choice of law. 1. The parties to any contract, agreement or\nundertaking, contingent or otherwise, in consideration of, or relating\nto any obligation arising out of a transaction covering in the aggregate\nnot less than two hundred fifty thousand dollars, including a\ntransaction otherwise covered by subsection (a) of section 1--301 of the\nuniform commercial code, may agree that the law of this state shall\ngovern their rights and duties in whole or in part, whether or not such\ncontract, agreement or undertaking bears a reasonable relation to this\nstate. This section shall not apply to any contract, agreement or\nundertaking (a) for labor or personal services, (b) relating to any\ntransaction for personal, family or household services, or (c) to the\nextent provided to the contrary in subsection (c) of section 1--301 of\nthe uniform commercial code.\n  2. Nothing contained in this section shall be construed to limit or\ndeny the enforcement of any provision respecting choice of law in any\nother contract, agreement or undertaking.\n
N.Y. PBA Law § 2062 — New York Code / Act PBA / Article 8 / Title 14 / Section 2062
New York state and Broome county not liable on bonds
Status: in_force

* § 2062. New York state and Broome county not liable on bonds.  The\nbonds and other obligations of the authority shall not be a debt of the\nstate of New York or of the county of Broome, and neither the state nor\nthe county shall be liable thereon, nor shall they be payable out of any\nfunds other than those of the authority.\n  * NB Authority dissolved September 1, 1977\n
N.Y. PBA Law § 1599-B*2 — New York Code / Act PBA / Article 7 / Title 14* / Section 1599-B*2
Definitions
Status: in_force

* § 1599-b. Definitions. As used or referred to in this title, unless\na different meaning clearly appears from the context:\n  1. The term "authority" shall mean the corporation created by section\nfifteen hundred ninety-nine-c of this title;\n  2. The term "city" shall mean the city of Cohoes;\n  3. The term "bonds" shall mean the bonds authorized in this title;\n  4. The term "board" shall mean the members of the authority;\n  5. The term "real property" shall mean lands, structures, franchises,\nand interest in lands, and any and all things usually included within\nthe said term, and includes not only fees simple absolute but also any\nand all lesser interest, such as easements, rights of way, uses, leases,\nlicenses, and all other incorporated hereditaments and every estate,\ninterest or right, legal or equitable, including terms of years, and\nliens thereon by way of judgments, mortgages or otherwise, and also\nclaims for damage to real estate, in the area of the city;\n  6. The term "project" shall mean any area or place operated or to be\noperated by the authority for the parking or storing of motor and other\nvehicles and shall, without limiting the foregoing, include all real and\npersonal property, driveways, roads, approaches, structures, terminals\nof all kinds, garages, meters, mechanical equipment, and all\nappurtenances and facilities either on, above or under the ground which\nare used or usable in connection with such parking or storing of such\nvehicles in the area of the city;\n  7. The term "projects" shall mean more than one project.\n  * NB Authority terminated 07/01/1974\n  * NB There are 4 § 1599-b's\n
N.Y. PBA Law § 2061 — New York Code / Act PBA / Article 8 / Title 14 / Section 2061
Agreements of the state
Status: in_force

* § 2061. Agreements of the state. The state of New York does pledge\nto and agree with the holders of the bonds that the state will not limit\nor impair the rights hereby vested in the authority to acquire,\nconstruct, maintain, reconstruct and operate the project, to establish\nand collect rentals, fees and other charges and to fulfill the terms of\nany agreements made with the holders of the bonds, or in any way impair\nthe rights and remedies of the bondholders, until the bonds, together\nwith interest thereon, with interest on any paid installments of\ninterest and all costs and expenses in connection with any action or\nproceeding by or on behalf of the bondholders are fully met and\ndischarged.\n  * NB Authority dissolved September 1, 1977\n
N.Y. PBA Law § 1599-R*2 — New York Code / Act PBA / Article 7 / Title 14* / Section 1599-R*2
Termination of the authority
Status: in_force

* § 1599-r. Termination of the authority. Whenever all of the bonds\nissued by the authority shall have been redeemed or cancelled, the\nauthority shall cease to exist and all rights, titles, and interest and\nall obligations and liabilities thereof vested in or possessed by the\nauthority shall thereupon vest in and be possessed by the city of\nCohoes.\n  * NB Authority terminated 07/01/1974\n  * NB There are 4 § 1599-r's\n
N.Y. PBA Law § 1599 — New York Code / Act PBA / Article 7 / Title 14** / Section 1599
Short title
Status: in_force

* § 1599. Short title. This title may be cited as the "City of Niagara\nFalls Parking Authority Act."\n  * NB Authority ceased to exist 07/01/1974\n
N.Y. PBA Law § 1599-F*4 — New York Code / Act PBA / Article 7 / Title 14*** / Section 1599-F*4
Advances on behalf of the authority; conveyance of property by the city to the authority; acquisition of property by the city or by the a...
Status: in_force

* § 1599-f. Advances on behalf of the authority; conveyance of\nproperty by the city to the authority; acquisition of property by the\ncity or by the authority.\n  1. In addition to any powers granted to it by law, the city from time\nto time may appropriate sums of money to or on behalf of the authority\nto defray project costs or any other costs and expenses of the\nauthority.  Subject to the rights of bondholders, the city may determine\nif the moneys so appropriated shall be subject to repayment by the\nauthority to the city and, in such event, the manner and time or times\nfor such repayment.\n  2. The city may, by resolution or resolutions of the city council or\nby instruments authorized by such resolutions, convey, with or without\nconsideration, and upon appropriate conditions as to outstanding city\nbonds appertaining thereto, to the authority real and personal property\nowned by the city for use by the authority as a project or projects or a\npart thereof. In the case of real and/or personal property so conveyed,\nthe title shall pass to the authority.\n  3. The city may acquire in the name of the city by gift, purchase or\neminant domain real property in the city for any of the projects or for\nthe widening of existing roads, streets, avenues or highways, or for new\nroads, streets, avenues or highways within a radius of one mile to any\nof the projects, or partly for such purposes and partly for other city\npurposes, by gift, purchase or eminent domain in the manner provided by\nlaw for the acquisition of real property by the city. For like purposes,\nthe city may close such streets, roads, avenues, or highways as may be\nnecessary or convenient, except as to state highways and arterial ways\nwhich may not be closed without the consent of the state commissioner of\ntransportation.\n  4. Contracts may be entered into between the city and the authority\nproviding for the property to be conveyed by the city to the authority,\nthe additional property to be acquired by the city and so conveyed, the\nstreets, roads, avenues, and highways to be closed by the city and the\namounts, terms and conditions of payment to be made by the authority.\nSuch contracts may also contain covenants by the city as to the road,\nstreet, avenue and highway improvements to be made by the city and as to\nsuch matters which pertain to any conveyance of property to the\nauthority. Any such contracts between the city and the authority may be\npledged by the authority to secure its bonds and may not be modified\nthereafter except as provided by the terms of such contract and such\npledge. The city council may authorize such contracts between the city\nand the authority and no other authorization on the part of the city for\nsuch contracts shall be necessary. Any such contracts may be so\nauthorized and entered into by the city and in such manner as the city\ncouncil may determine, and the payments required to be made by the city\nmay be made and financed notwithstanding that no provisions therefor\nshall have first been made in the annual appropriations of the city. All\ncontractual or other obligations of the city incurred in carrying out\nthe provisions of this title shall be included in and provided for by\neach annual appropriation of the city thereafter made, if and to the\nextent that they may appropriately be included therein.\n  5. The authority may itself acquire real property necessary or\nconvenient in connection with any project in the name of the authority\nat the cost and expense of the authority by gift, purchase, or eminent\ndomain pursuant to the eminent domain procedure law or pursuant to the\nlaws relating to the acquisition of land by eminant domain by the city.\n  6. In case the authority shall have the use and occupancy of any real\nproperty which it shall determine is no longer required for a project\nthen, if such property was acquired at the cost and expense of the city,\nthe authority shall have the power to surrender its use and occupancy\nthereof to the city, or, if such real property was acquired at the cost\nand expense of the authority, then the authority shall have the power to\nsell, lease or otherwise dispose of said real property at public or\nprivate sale, and shall retain and have the power to use the proceeds of\nsale, rentals, or other moneys derived from the disposition thereof for\nits purposes.\n  * NB Authority ceased to exist 08/05/2002\n  * NB There are 4 § 1599-f's\n
N.Y. PBA Law § 1599-E*2 — New York Code / Act PBA / Article 7 / Title 14* / Section 1599-E*2
Civil service status of officers and employees
Status: in_force

* § 1599-e. Civil service status of officers and employees. Officers\nand employees of any board, commission or department of the city may be\ntransferred to the authority in accordance with the provisions of the\ncivil service law and shall be eligible for such transfer and\nappointment without examination to offices and positions under the\nauthority. Officers and employees of the city who are members or\nbeneficiaries of any existing pension or retirement system shall\ncontinue to have the rights, privileges, obligations and status with\nrespect to such system or systems as are now prescribed by law, and all\nsuch employees who have been appointed to positions in the service of\nthe city under the rules of the municipal civil service commission of\nthe city shall have the same status with respect thereto after transfer\nto the authority as they had under their original appointments. The\nappointment and promotion of all employees of the authority shall be\nmade in accordance with the provisions of the civil service law and the\nrules of the city civil service commission.\n  * NB Authority terminated 07/01/1974\n  * NB There are 4 § 1599-e's\n
N.Y. PBA Law § 1599-H*4 — New York Code / Act PBA / Article 7 / Title 14*** / Section 1599-H*4
Moneys of the authority
Status: in_force

* § 1599-h. Moneys of the authority. All moneys of the authority shall\nbe paid to the director of finance of the city as agent of the\nauthority, who shall not commingle such moneys with any other moneys.\nSuch moneys shall be deposited in a separate bank account or accounts.\nThe money in such accounts shall be paid out by the director of finance\non requisition of the chairman of the authority or of such person or\npersons as the authority may authorize to make such requisitions after\naudit by and upon the warrant of the director of finance. All deposits\nof such moneys shall, to the extent required by section two thousand\nnine hundred twenty-five of this chapter be secured by obligations of\nthe United States or the state of New York at a market value equal at\nall times to the amount of the deposit, and all banks and trust\ncompanies are authorized to give such security for such deposits. The\ndirector of finance and his legally authorized representative are\nauthorized and empowered from time to time to examine the accounts and\nbooks of the authority, including its receipts, disbursements,\ncontracts, leases, sinking funds, investments and any other records and\npapers relating to its financial standing. The authority shall have\npower, notwithstanding the provisions of this section, to contract with\nthe holders of any of its bonds as to the custody, collection, securing,\ninvestment and payment of any moneys of the authority or any moneys held\nin trust or otherwise for the payment of bonds or in any way to secure\nbonds, and to carry out any such contract notwithstanding that such\ncontract may be inconsistent with the previous provisions of this\nsection. Moneys held in trust or otherwise for the payment of bonds or\nin any way to secure bonds and deposits of such moneys may be acquired\nin the same manner as moneys of the authority, and all banks and trust\ncompanies are authorized to give such security for such deposits. The\naccount of the authority shall be subject to the supervision of the\nstate comptroller and he or his legally authorized representatives are\nhereby authorized and empowered from time to time to examine the\naccounts and books of the authority, including its receipts,\ndisbursements, contracts, sinking funds, investments and any other\nmatter relating to its financial standing and fiscal affairs. The\nauthority shall render a complete annual account of its proceedings to\nthe Mayor and the city council at or prior to its first meeting of the\ncity council in March of each and every year and at such other times as\nmay reasonably be requested by the city council.\n  * NB Authority ceased to exist 08/05/2002\n  * NB There are 4 § 1599-h's\n
N.Y. PBA Law § 1599-P*2 — New York Code / Act PBA / Article 7 / Title 14* / Section 1599-P*2
Remedies of bondholders
Status: in_force

* § 1599-p. Remedies of bondholders. 1. In the event that the\nauthority shall default in the payment of principal of or interest on\nany issue of the bonds after the same shall become due, whether at\nmaturity or upon call for redemption, and such default shall continue\nfor a period of thirty days, or in the event that the authority shall\nfail or refuse to comply with the provisions of this title, or shall\ndefault in any agreement made with the holders of any issue of the\nbonds, the holders of twenty-five per centum in aggregate principal\namount of the bonds of such issue then outstanding, by instrument or\ninstruments filed in the office of the clerk of the county of Albany and\nproved or acknowledged in the same manner as a deed to be recorded, may\nappoint a trustee to represent the holders of such bonds for the\npurposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his or its own name;\n  (a) by action or special proceeding enforce all rights of the\nbondholders, including the right to require the authority to collect\nrevenues adequate to carry out by any agreement as to, or pledge of,\nsuch revenues, and to require the authority to carry out any other\nagreements with the holders of such bonds and to perform its duties\nunder this title;\n  (b) bring suit upon such bonds;\n  (c) by action or special proceeding, require the authority to account\nas if it were the trustee of an express trust for the holders of such\nbonds;\n  (d) by action or special proceeding, enjoin any acts or things which\nmay be unlawful or in violation of the rights of the holders of such\nbonds;\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. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders. The venue of any\nsuch suit, action or proceeding shall be laid in the county of Albany.\n  4. Before declaring the principal of all such bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  5. 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 bondholders, shall take possession of all moneys and other property\nderived from or applicable to the acquisition, construction, operation,\nmaintenance and reconstruction of such part or parts of the project and\nproceed with the acquisition of any necessary real property in\nconnection with the project that the authority has covenanted to\nconstruct, and with any construction which the authority is under\nobligation to do and to operate, maintain and reconstruct such part or\nparts of the project and collect and receive all revenues thereafter\narising therefrom subject to any pledge thereof 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 fee,\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 such project.\n  6. 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  * NB Authority terminated 07/01/1974\n  * NB There are 4 § 1599-p's\n
N.Y. ENV Law § 27-1409 — New York Code / Act ENV / Article 27 / Title 14 / Section 27-1409
Brownfield site cleanup agreement
Status: in_force

§ 27-1409. Brownfield site cleanup agreement.\n  The agreement shall include, but not be limited to, the following\nprovisions:\n  1. One describing the boundaries of the real property that is subject\nto the brownfield site cleanup agreement;\n  2. One requiring: (a) the participant to pay for state costs,\nincluding the recovery of state costs incurred before the effective date\nof such agreement; provided, however, that such costs may be based on a\nreasonable flat-fee for oversight, which shall reflect the projected\nfuture state costs incurred in negotiating and overseeing implementation\nof such agreement; and\n  (b) with respect to a brownfield site which the department has\ndetermined constitutes a significant threat to the public health or\nenvironment the department may include a provision requiring the\napplicant to provide a technical assistance grant, as described in\nsubdivision four of section 27-1417 of this title and under the\nconditions described therein, to an eligible party in accordance with\nprocedures established under such program, with the cost of such a grant\nincurred by a volunteer serving as an offset against such state costs;\n  3. One setting forth a process for resolving disputes arising from the\nevaluation, analysis, and oversight of the implementation of the work\nplan as described;\n  4. One requiring an indemnification provision which holds the state\nharmless from any claim, suit, action, and cost of every name and\ndescription arising out of or resulting from the fulfillment or\nattempted fulfillment of the agreement, except for those claims, suits,\nactions, and costs arising from the state's gross negligence or willful\nor intentional misconduct;\n  5. One authorizing the department to terminate a brownfield site\ncleanup agreement at any time during the implementation of such\nagreement if the applicant implementing such agreement fails to\nsubstantially comply with such agreement's terms and conditions;\n  6. One stating that the department may exempt the applicant from the\nrequirement to obtain any state or local permit or other authorization\npursuant to section 27-1429 of this title;\n  7. One stating that the department shall not consider the applicant an\noperator of such brownfield site based solely upon execution or\nimplementation of such brownfield site cleanup agreement for purposes of\nremediation liability;\n  8. One requiring that the applicant conduct investigation and/or\nremediation activities pursuant to one or more work plans which are\napproved by the department;\n  9. One requiring the preparation and implementation of a citizen\nparticipation plan consistent with the requirements of this title as\nsoon as possible following execution of the agreement but no later than\nprior to the preparation of a draft remedial investigation plan by the\napplicant which shall include a description of citizen participation\nactivities already performed by the applicant and/or the department;\n  10. One requiring a waiver by the applicant, effective upon the\nexecution of the brownfield site cleanup agreement, any right such\napplicant has or may have to make a claim against the state of New York\npursuant to article twelve of the navigation law with respect to the\nbrownfield site, and a release of the New York environmental protection\nand spill compensation fund from any and all legal or equitable claims\nor causes of action that such applicant may have as a result of entering\ninto a brownfield site cleanup agreement or fulfilling a brownfield site\nremedial program at such site; and\n  11. The inclusion of other conditions considered necessary by the\ndepartment concerning the effective and efficient implementation of this\ntitle;\n  12. Nothing in this section shall prohibit or limit the department\nfrom terminating a brownfield site cleanup agreement at any time during\nits implementation if the applicant fails to comply substantially with\nsuch agreement's terms and conditions.\n  13. After acceptance by the department, an executed brownfield cleanup\nagreement shall be submitted and returned to the department with payment\nof a nonrefundable program fee in the amount of fifty thousand dollars,\nwhich shall be deposited to the credit of the oversight and assistance\naccount of the hazardous waste remedial fund pursuant to section\nninety-seven-b of the state finance law. The department shall waive such\nfee upon a demonstration of financial hardship by the applicant. To\ndemonstrate financial hardship the applicant must show but for the\nprogram fee, remediation of the brownfield site would not be\neconomically viable. When evaluating financial hardship, the department\nwill consider whether the applicant has waived their rights to tax\ncredits, whether the location of the proposed brownfield site is in a\ndisadvantaged community or the proposed brownfield site is being\ndeveloped as an affordable housing project, the assets and income of the\napplicant, and any other factors deemed relevant. The department shall\nestablish regulations governing the demonstration of financial hardship.\nProgram fees shall not qualify for any of the tax credits available for\nbrownfield sites under sections twenty-one, twenty-two, and twenty-three\nof the tax law.\n
N.Y. ENV Law § 27-1403 — New York Code / Act ENV / Article 27 / Title 14 / Section 27-1403
Declaration of policy and findings of fact
Status: in_force

§ 27-1403. Declaration of policy and findings of fact.\n  The legislature hereby finds that there are thousands of abandoned and\nlikely contaminated properties that threaten the health and vitality of\nthe communities they burden, and that these sites, known as brownfields,\nare also contributing to sprawl development and loss of open space. It\nis therefore declared that, to advance the policy of the state of New\nYork to conserve, improve, and protect its natural resources and\nenvironment and control water, land, and air pollution in order to\nenhance the health, safety, and welfare of the people of the state and\ntheir overall economic and social well being, it is appropriate to adopt\nthis act to encourage persons to voluntarily remediate brownfield sites\nfor reuse and redevelopment by establishing within the department a\nstatutory program to encourage cleanup and redevelopment of brownfield\nsites. All remedies shall be fully protective of public health and the\nenvironment including, but not limited to, groundwater according to its\nclassification pursuant to section 17-0301 of this chapter. A remedial\nprogram that achieves a permanent cleanup of a contaminated site,\nincluding the restoration of groundwater to its classified use, is to be\npreferred over a remedial program that does not do so. It is the intent\nof the legislature that the provisions of this brownfield cleanup\nprogram shall not be construed as limiting or otherwise affecting any\nauthority conferred upon the department by any other provision of law.\n
N.Y. PBA Law § 2054 — New York Code / Act PBA / Article 8 / Title 14 / Section 2054
Purposes and powers of the authority
Status: in_force

* § 2054. Purposes and powers of the authority. The purposes of the\nauthority shall be to construct, operate and maintain the project\nconsisting of the Broome county sports center and facilities in\nconnection therewith. To carry out the purposes the authority shall have\npower:\n  (a) To sue and be sued;\n  (b) To acquire, hold and dispose of personal property for its\ncorporate purposes;\n  (c) To have a seal and alter the same at pleasure;\n  (d) To make by-laws for the management and regulation of its affairs\nand, subject to agreements with bondholders, for the regulation of the\nproject;\n  (e) With the consent of the local legislative body of Broome county to\nuse agents, employees and facilities of the county, including the county\nattorney's office, paying to the county its agreed portion of the\ncompensation or costs;\n  (f) To appoint officers, agents and employees; and to describe their\nqualifications and fix their compensation; subject, however, to the\nprovisions of the civil service law as hereinafter provided.\n  (g) To make contracts and leases, and to execute all instruments\nnecessary or convenient;\n  (h) To construct such buildings, structures, parking and other\nfacilities as may be necessary or convenient;\n  (i) To reconstruct, improve, maintain and operate the project;\n  (j) To collect rentals, fees and other charges for the use of the\nproject subject to and in accordance with such agreements with\nbondholders as may be hereinafter provided;\n  (k) To contract for the services of architects, engineers, lawyers,\nfinancial and other professional advisers and to fix their compensation;\n  (l) To construct, operate and maintain the project; to contract for\nthe construction, operation and maintenance of any part thereof, or for\nservices to be performed in connection therewith; to rent parts thereof,\nand grant concessions, all on such terms and conditions as it may\ndetermine; provided, however, that the location of the site of the\nproject and the plans thereof shall be subject to the prior approval of\nthe local legislative body of Broome county.\n  * NB Authority dissolved September 1, 1977\n
N.Y. PBA Law § 1599-K*3 — New York Code / Act PBA / Article 7 / Title 14** / Section 1599-K*3
State and city not liable on bonds
Status: in_force

* § 1599-k. State and city not liable on bonds. The bonds and other\nobligations of the authority shall not be a debt of the state of New\nYork or of the city, and neither the state nor the city shall be liable\nthereon, nor shall they be payable out of any funds other than those of\nthe authority.\n  * NB Authority ceased to exist 07/01/1974\n  * NB There are 4 § 1599-k's\n
N.Y. PBA Law § 2069 — New York Code / Act PBA / Article 8 / Title 14 / Section 2069
Inconsistent provisions in other acts superseded
Status: in_force

* § 2069. Inconsistent provisions in other acts superseded. Insofar as\nthe provisions of this title are inconsistent with the provisions of any\nother act, general or special, or of any local law of the county, the\nprovisions of this title shall be controlling.\n  * NB Authority dissolved September 1, 1977\n
N.Y. PBA Law § 1599-C*4 — New York Code / Act PBA / Article 7 / Title 14*** / Section 1599-C*4
Schenectady parking authority
Status: in_force

* § 1599-c. Schenectady parking authority. 1. A board to be known as\n"Schenectady Parking Authority" is hereby created. Such board shall be a\nbody corporate and politic, constituting a public benefit corporation,\nand its existence shall commence upon the appointment of the members as\nherein provided. It shall consist of a chairman and four other members,\nwho shall be appointed by the mayor, with the advice and consent of the\ncity council. Of the members first appointed, one shall be appointed for\na period of one year, one for a period of two years, one for a period of\nthree years, one for a period of four years, and one for a period of\nfive years. At the expiration of such terms, the terms of office of\ntheir successors shall be five years. Each member shall continue to\nserve until the appointment and qualification of his successor. A member\nmay be removed at will by the mayor with the approval of the city\ncouncil, giving him a copy of the charges against him and an opportunity\nof being heard in person, or by counsel, in his defense upon not less\nthan ten day's notice. Vacancies in such board occurring otherwise than\nby the expiration of term shall be filled for the unexpired term by the\nmayor, with the advice and consent of the city council. The members of\nthe board shall choose from their number a vice-chairman and such other\nofficers deemed desirable by the board. The members of the board shall\nbe entitled to no compensation for their services but shall be entitled\nto reimbursement for their actual and necessary expenses incurred in the\nperformance of their official duties. The powers of the authority shall\nbe vested in and exercised by a majority of the members of the board\nthen in office. Such board may delegate to one or more of its members or\nto its officers, agents and employees such powers and duties as it may\ndeem proper. Such board and its corporate existence shall continue only\nfor a period of fifteen years, and thereafter until all its liabilities\nand duties have been met, and its bonds have been paid in full or such\nliabilities and duties or bonds have otherwise been discharged. Upon its\nceasing to exist, all its rights and properties shall pass to the city.\n  2. No public officer or employee shall be ineligible for appointment\nas a member or officer of the authority and any public officer or\nemployee may accept such appointment and serve as a member or officer\nwithout forfeiture of any other public office or position of public\nemployment by reason thereof. Any one or more members or officers of the\nauthority may be an officer or employee of the city. In the event that\nan officer or employee of the city shall be appointed as a member or\nofficer of the authority, acceptance or retention of such appointment\nshall not be deemed a forfeiture of his city office or employment, or\nincompatible therewith or affect his tenure or compensation in any way.\n  3. It is hereby determined and declared that the authority and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people of the city of Schenectady and the state of\nNew York, and that said purposes are public purposes and that the\nauthority is and will be performing an essential governmental function\nin the exercise of the powers conferred upon it by this title.\n  * NB Authority ceased to exist 08/05/2002\n  * NB There are 4 § 1599-c's\n
N.Y. PBA Law § 1599-I — New York Code / Act PBA / Article 7 / Title 14 / Section 1599-I
Bonds of the authority
Status: in_force

* § 1599-i. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue its negotiable\nbonds for any purpose mentioned in section fifteen hundred ninety-nine-d\nof this title, including the acquisition, construction, reconstruction\nand repair of personal and real property of all kinds deemed by the\nboard to be necessary or desirable to carry out such purpose, as well as\nto pay such expenses as may be deemed by the board necessary or\ndesirable to the financing thereof and placing the project or projects\nin operation in the aggregate principal amount of not exceeding twenty\nmillion dollars outstanding at any one time. The authority shall have\npower from time to time and whenever it deems refunding expedient, to\nrefund any bonds by the issuance of new bonds, whether the bonds to be\nrefunded have or have not matured, and may issue bonds partly to refund\nbonds then outstanding and partly for any other purpose hereinabove\ndescribed. The refunding bonds may be exchanged for the bonds to be\nrefunded with such cash adjustments as may be agreed, or may be sold and\nthe proceeds applied to the purchase or payment of the bonds to be\nrefunded. In computing the total amount of bonds of the authority which\nmay at any time be outstanding the amount of the outstanding bonds to be\nrefunded from the proceeds of the sale of new bonds or by exchange for\nnew bonds shall be excluded; provided, however, that bonds issued or to\nbe issued shall be excluded from such limitation if such bonds are\nissued to refund bonds of the authority issued in connection with such\npurposes and the present value of the aggregate debt service on the\nrefunding bonds does not exceed the present value of the aggregate debt\nservice on the bonds refunded thereby. For purposes hereof, the present\nvalue of the aggregate debt service of the refunding bonds and the\naggregate debt service of the bonds refunded, shall be calculated by\nutilizing the true interest cost of the refunding bonds, which shall be\nthat rate arrived at by doubling the semi-annual interest rate\n(compounded semi-annually) necessary to discount the debt service\npayments on the refunding bonds from the payment dates thereof to the\ndate of issue of the refunding bonds to the purchase price of the\nrefunding bonds, including interest accrued thereon prior to the\nissuance thereof. Except as may otherwise be expressly provided by the\nauthority, the bonds of every issue shall be general obligations of the\nauthority payable out of any moneys or revenues of the authority,\nsubject only to any agreements with the holders of particular bonds\npledging any particular moneys or revenues. Whether or not the bonds are\nof such form and character as to be negotiable instruments under the\nterms of the general obligations law (constituting chapter twenty-four-a\nof the consolidated laws) the bonds shall be and are hereby made\nnegotiable instruments within the meaning of and for all the purposes of\nthe general obligations law, subject only to the provisions of the bonds\nfor registration.\n  2. The bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times, not exceeding\ntwenty years from their respective dates, bear interest at such rate or\nrates, not exceeding the rate of interest prescribed for serial bonds by\nthe local finance law, be in such denominations, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in lawful money of the United States of America\nat such place or places, and be subject to such terms of redemption, as\nsuch resolution or resolutions may provide. The bonds may be sold at\npublic or private sale for such price or prices as the authority shall\ndetermine, but which shall not at the time of sale yield more than the\nrate of interest prescribed for serial bonds by the local finance law.\n  3. Any resolution or resolutions authorizing any bonds or any issue of\nbonds may contain provisions, which shall 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 of a project or projects\nto secure the payment of the bonds, subject to such agreements with\nbondholders as may then exist;\n  (b) the rentals, fees and other charges to be charged, and the amounts\nto be raised in each year thereby, and the use and disposition of the\nrevenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of a project;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or of any\nissue of the bonds;\n  (f) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured; 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) limitations on the amount of moneys derived from a project to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (i) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine which may include any or\nall of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section fifteen hundred ninety-nine-o of this\ntitle hereof, and limiting or abrogating the right of the bondholders to\nappoint a trustee under said section or limiting the rights, duties and\npowers of such trustee;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n  4. It is the intention hereof that any pledge of revenues or other\nmoneys made by the authority shall be valid and binding from the time\nwhen the pledge is made; that the revenues or other moneys so pledged\nand thereafter received by the authority shall immediately be subject to\nthe lien of such pledge without any physical delivery thereof or further\nact; and that the lien of any such pledge shall be valid and binding as\nagainst all parties having claims of any kind in tort, contract or\notherwise against the authority irrespective of whether such parties\nhave notice thereof. Neither the resolution nor any other instrument by\nwhich a pledge is created need be recorded.\n  5. Neither the members of the authority nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  6. The authority shall have power out of any funds available therefor\nto purchase bonds. The authority may hold, cancel or resell such bonds,\nsubject to and in accordance with agreements with bondholders.\n  7. In the discretion of the authority, the bonds may be secured by a\ntrust indenture by and between the authority and a corporate trustee,\nwhich may be any trust company or bank having the powers of a trust\ncompany in the state of New York. Such trust indenture may contain such\nprovisions for protecting and enforcing the rights and remedies of the\nbondholders as may be reasonable and proper and not in violation of law,\nincluding covenants setting forth the duties of the authority in\nrelation to the construction, maintenance, operation, repair and\ninsurance of the project or projects, and the custody, safeguarding and\napplication of all moneys, and may provide that the project or projects\nshall be constructed and paid for under the supervision and approval of\nconsulting engineers. Notwithstanding the provisions of section fifteen\nhundred ninety-nine-h of this title, the authority may provide by such\ntrust indenture for the payment of the proceeds of the bonds and the\nrevenues of the project or projects to the trustee under such trust\nindenture or other depository, and for the method of disbursement\nthereof, with such safeguards and restrictions as it may determine. All\nexpenses incurred in carrying out such trust indenture may be treated as\na part of the cost of maintenance, operation, and repairs of the project\nor projects. If the bonds shall be secured by a trust indenture, the\nbondholders shall have no authority to appoint a separate trustee to\nrepresent them, and the trustee under such trust indenture shall have\nand possess all of the powers which are conferred by section fifteen\nhundred ninety-nine-o of this title upon a trustee appointed by\nbondholders.\n  * NB Authority ceased to exist 12/31/99\n  * NB There are 4 § 1599-i's\n
N.Y. GOB Law § 5-1402 — New York Code / Act GOB / Article 5 / Title 14 / Section 5-1402
Choice of forum
Status: in_force

§ 5-1402. Choice of forum. 1. Notwithstanding any act which limits or\naffects the right of a person to maintain an action or proceeding,\nincluding, but not limited to, paragraph (b) of section thirteen hundred\nfourteen of the business corporation law and subdivision two of section\ntwo hundred-b of the banking law, any person may maintain an action or\nproceeding against a foreign corporation, non-resident, or foreign state\nwhere the action or proceeding arises out of or relates to any contract,\nagreement or undertaking for which a choice of New York law has been\nmade in whole or in part pursuant to section 5-1401 and which (a) is a\ncontract, agreement or undertaking, contingent or otherwise, in\nconsideration of, or relating to any obligation arising out of a\ntransaction covering in the aggregate, not less than one million\ndollars, and (b) which contains a provision or provisions whereby such\nforeign corporation or non-resident agrees to submit to the jurisdiction\nof the courts of this state.\n  2. Nothing contained in this section shall be construed to affect the\nenforcement of any provision respecting choice of forum in any other\ncontract, agreement or undertaking.\n
N.Y. PBA Law § 1599-I*4 — New York Code / Act PBA / Article 7 / Title 14*** / Section 1599-I*4
Bonds of the authority
Status: in_force

* § 1599-i. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue its negotiable\nbonds for any purpose mentioned in section fifteen hundred ninety-nine-d\nhereof, as well as to pay such expenses, premiums and commissions as may\nbe deemed by the board necessary or desirable to or in connection with\nthe acquisition, construction, reconstruction, improving, equipping and\nfurnishing of any project and the financing thereof, including surveys,\nplanning, provisions for capitalized interest, reserve funds and\nappropriate feasibility studies, and for the placing of the project or\nprojects in operation and to secure the payment of the same by,\nincluding but not limited to, a pledge of the revenues of the authority\nor by a lien on the property of the authority. The authority shall have\npower from time to time and whenever it deems refunding expedient, to\nrefund any bonds by the issuance of new bonds, whether the bonds to be\nrefunded have or have not matured, and may issue bonds partly to refund\nbonds then outstanding and partly for any other purpose hereinabove\ndescribed. The refunding bonds may be exchanged for the bonds to be\nrefunded, with such cash adjustments as may be agreed, or may be sold\nand the proceeds applied to the purchase, payment or redemption of the\nbonds to be refunded. The amount of bonds issued by the authority shall\nnot exceed twenty-five million dollars outstanding at any one time. In\ncomputing the total amount of bonds of the authority which may at any\ntime be outstanding the amount of the outstanding bonds to be refunded\nfrom the proceeds of the sale of new bonds or by exchange for new bonds\nshall be excluded. Except as may otherwise be expressly provided by the\nauthority, the bonds of every issue shall be general obligations of the\nauthority payable out of any moneys or revenues of the authority,\nsubject only to any agreements with the holders of any particular bonds\npledging any particular moneys or revenues. Notwithstanding the fact\nthat the bonds may be payable from a special fund, if they are otherwise\nof such form and character as to be negotiable instruments under article\neight of the uniform commercial code the bonds shall be and are hereby\nmade negotiable instruments within the meaning of and for all the\npurposes of article eight of the uniform commercial code, subject only\nto the provisions of the bonds for registration.\n  2. The authority is authorized to obtain from any department or agency\nof the United States of America or the state or any nongovernmental\ninsurer or financial institution any insurance, guaranty or other credit\nsupport device, to the extent now or hereafter available, as to, or for\nthe payment or repayment of interest of principal, or both, or any part\nthereof, on any bonds issued by the authority and to enter into any\nagreement or contract with respect to any such insurance or guaranty,\nexcept to the extent that the same would in any way impair or interfere\nwith the ability of the authority to perform and fulfill the terms of\nany agreement made with the holders of outstanding bonds of the\nauthority.\n  3. The bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times, except that bonds\nand any renewal thereof shall mature within thirty years of the date of\ntheir original issuance, bear interest at such rate or rates as such\nresolution or resolutions may provide, be payable at such times, be in\nsuch denominations, be in such form, either coupon or registered, carry\nsuch privileges, be executed in a manner, be payable in lawful money of\nthe United States of America at such place or places and be subject to\nsuch terms of redemption, as such resolution or resolutions may provide.\nThe bonds may be sold at public or private sale for such price or prices\nas the authority shall determine provided, however, that no issue of\nbonds may be sold at private sale unless the terms of such sale shall\nhave been approved in writing by (i) the comptroller, where such sale is\nnot to such comptroller, or (ii) the state director of the budget, where\nsuch sale is to the comptroller. The foregoing provisions shall be\napplicable to bonds issued by the authority notwithstanding the\nprovisions of any other general, special or local law to the contrary.\n  4. Any resolution or resolutions, authorizing any bonds or any issue\nof bonds may contain provisions, which shall be a part of the contract\nwith the holders of the bonds thereby authorized, as to:\n  (a) pledging all or any part of the revenues of a project or projects,\ntogether with any other moneys, securities, contracts or property of the\nauthority to secure the payment of the bonds, subject to such agreements\nwith bondholders as may then exist;\n  (b) the rentals, fees and other charges to be charged, and the amounts\nto be raised in each year thereby, and the use and disposition of the\nearnings and the other revenues;\n  (c) the setting aside of reserves and the creation of sinking funds,\nand the regulation and disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of a project;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or of any\nissue of the bonds;\n  (f) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured; 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) limitations on the amount of moneys derived from a project to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (i) the creation of special funds into which any revenues or other\nmoneys of the authority may be deposited;\n  (j) the terms and provisions of any mortgage or trust deed or\nindenture securing the bonds or under which bonds may be issued;\n  (k) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine which may include any or\nall the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to section fifteen hundred ninety-nine-p hereof,\nand limiting or abrogating the right of the bondholders to appoint a\ntrustee under said section or limiting the rights, duties and powers of\nsuch trustee;\n  (l) 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  (m) limitations on the power of the authority to sell or otherwise\ndispose of its properties or any part thereof;\n  (n) limitations on the amount of moneys or revenues to be expended for\noperating, administrative or other expenses of the authority;\n  (o) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depositary, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (p) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n  5. 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 enter into such agreements as the authority may\ndeem necessary, convenient or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including the\nmortgaging of any of its properties and the entrusting, pledging or\ncreation of any other security interest in any such revenues, moneys or\nproperties and the doing of any act, including refraining from doing any\nact, which the authority would have the right to do in the absence of\nsuch agreements. The authority shall have power to enter into amendments\nof any such agreements within the powers granted to the authority by\nthis title and to perform such agreements. The provisions of any such\nagreements may be made a part of the contract with the holders of bonds\nof the authority.\n  6. It is the intention hereof that any pledge of revenues or other\nmoneys made by the authority shall be valid and binding from the time\nwhen the pledge is made; that the revenues or other moneys so pledged\nand thereafter received by the authority shall immediately be subject to\nthe lien of such pledge without any physical delivery thereof or further\nact; and that the lien of any such pledge shall be valid and binding as\nagainst all parties having claims, of any kind in tort, contract or\notherwise against the authority irrespective of whether such parties\nhave notice thereof. Neither the resolution nor any other instrument by\nwhich a pledge is created need be recorded.\n  7. Neither the members of the authority nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  8. The authority shall have power out of any funds available therefor\nto purchase bonds upon such terms and conditions as the authority may\ndetermine. The authority may hold, cancel or resell such bonds, subject\nto and in accordance with agreements with bondholders.\n  9. In the discretion of the authority, the bonds may be secured by a\ntrust indenture by and between the authority and a corporate trustee,\nwhich may be any trust company or bank having the powers of a trust\ncompany in the state of New York. Such trust indenture may contain such\nprovisions for protecting and enforcing the rights and remedies of the\nbondholders as may be reasonable and proper and not in violation of law,\nincluding covenants setting forth the duties of the authority in\nrelation to the construction, maintenance, operation, repair and\ninsurance of the project or projects and the custody, safeguarding and\napplication of all moneys, and may provide that the project or projects\nshall be constructed and paid for under the supervision and approval of\nconsulting engineers. Notwithstanding the provisions of section fifteen\nhundred ninety-nine-h of this title the authority may provide by such\ntrust indenture for the payment of the proceeds of the bonds and the\nrevenues of the project or projects to the trustee under such trust\nindenture or other depository, and for the method of disbursement\nthereof, with such safeguards and restrictions as it may determine. All\nexpenses incurred in carrying out such trust indenture may be treated as\na part of the cost of maintenance, operation, and repairs of the project\nor projects. If the bonds shall be secured by a trust indenture, the\nbondholders shall have no authority to appoint a separate trustee to\nrepresent them, and the trustee under such trust indenture shall have\nand possess all of the powers which are conferred by section fifteen\nhundred ninety-nine-p upon a trustee appointed by bondholders.\n  * NB Authority ceased to exist 08/05/2002\n  * NB There are 4 § 1599-i's\n
N.Y. PBA Law § 1599-A*4 — New York Code / Act PBA / Article 7 / Title 14*** / Section 1599-A*4
Short title
Status: in_force

* § 1599-a. Short title. This title may be cited as the "City of\nSchenectady Parking Authority Act."\n  * NB Authority ceased to exist 08/05/2002\n  * NB There are 4 § 1599-a's\n
N.Y. PBA Law § 1599-G*2 — New York Code / Act PBA / Article 7 / Title 14* / Section 1599-G*2
Construction contracts
Status: in_force

* § 1599-g. Construction contracts. The authority shall let contracts\nfor construction in the same manner, so far as practicable, as is\nprovided by law for contracts of the city, except that where the\nestimated expense of a contract does not exceed five hundred dollars,\nsuch contracts may be entered into without public letting. Nothing in\nthis section shall be construed to limit the power of the authority to\ndo any construction directly by the officers, agents and employees of\nthe authority.\n  * NB Authority terminated 07/01/1974\n  * NB There are 4 § 1599-g's\n
N.Y. PBA Law § 1599-O*3 — New York Code / Act PBA / Article 7 / Title 14** / Section 1599-O*3
Remedies of bondholders
Status: in_force

* § 1599-o. Remedies of bondholders. 1. In the event that the\nauthority shall default in the payment of principal of or interest on\nany issue of the bonds after the same shall become due, whether at\nmaturity or upon call for redemption, and such default shall continue\nfor a period of thirty days, or in the event that the authority shall\nfail or refuse to comply with the provisions of this title, or shall\ndefault in any agreement made with the holders of any issue of the\nbonds, the holders of twenty-five per centum in aggregate principal\namount of the bonds of such issue then outstanding, by instrument or\ninstruments filed in the office of the clerk of the County of Niagara\nand proved or acknowledged in the same manner as a deed to be recorded,\nmay appoint a trustee to represent the holders of such bonds for the\npurposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his or its own name\n  (a) by action or special proceeding enforce all rights of the\nbondholders, including the right to require the authority to collect\nrevenues adequate to carry out by any agreement as to or, pledge of,\nsuch revenues, and to require the authority to carry out any other\nagreements with the holders of such bonds and to perform its duties\nunder this title;\n  (b) bring suit upon such bonds;\n  (c) by action or special proceeding, require the authority to account\nas if it were the trustee of an express trust for the holders of such\nbonds;\n  (d) by action or special proceeding, enjoin any acts or things which\nmay be unlawful or in violation of the rights of the holders of such\nbonds;\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\npercentum of the principal amount of such bonds then outstanding, to\nannul such declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders. The venue of any\nsuch suit, action or proceeding shall be laid in the county of Niagara.\n  4. Before declaring the principal of all such bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  5. 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 bondholders, shall take possession of all moneys and other property\nderived from or applicable to the acquisition, construction, operation,\nmaintenance and reconstruction of such part or parts of the project and\nproceed with the acquisition of any necessary real property in\nconnection with the project that the authority has covenanted to\nconstruct, and with any construction which the authority is under\nobligation to do and to operate, maintain and reconstruct such part or\nparts of the project and collect and receive all revenues thereafter\narising therefrom subject to any pledge thereof 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 fee,\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 such project.\n  6. 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  * NB Authority ceased to exist 07/01/1974\n  * NB There are 4 § 1599-o's\n
N.Y. PBA Law § 1599-H*3 — New York Code / Act PBA / Article 7 / Title 14** / Section 1599-H*3
Bonds of the authority
Status: in_force

* § 1599-h. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue its negotiable\nbonds for any purpose mentioned in section 1599-c hereof, including the\nacquisition, construction, reconstruction and repair of personal and\nreal property of all kinds deemed by the board to be necessary or\ndesirable to carry out such purpose, as well as to pay such expenses as\nmay be deemed by the board necessary or desirable to the financing\nthereof and placing the project or projects in operation in the\naggregate principal amount of not exceeding twenty million dollars\noutstanding at any one time. The authority shall have power from time to\ntime and whenever it deems refunding expedient, to refund any bonds by\nthe issuance of new bonds, whether the bonds to be refunded have or have\nnot matured, and may issue bonds partly to refund bonds then outstanding\nand partly for any other purpose hereinabove described. The refunding\nbonds may be exchanged for the bonds to be refunded, with such cash\nadjustments as may be agreed, or may be sold and the proceeds applied to\nthe purchase or payment of the bonds to be refunded. In computing the\ntotal amount of bonds of the authority which may at any time be\noutstanding the amount of the outstanding bonds to be refunded from the\nproceeds of the sale of new bonds or by exchange for new bonds shall be\nexcluded. Except as may otherwise be expressly provided by the\nauthority, the bonds of every issue shall be general obligations of the\nauthority payable out of any moneys or revenues of the authority,\nsubject only to any agreements with the holders of particular bonds\npledging any particular moneys or revenues. Notwithstanding the fact\nthat the bonds may be payable from a special fund, if they are otherwise\nof such form and character as to be negotiable instruments under article\neight of the uniform commercial code the bonds shall be and are hereby\nmade negotiable instruments within the meaning of and for all the\npurposes of article eight of the uniform commercial code, subject only\nto the provisions of the bonds for registration.\n  2. The bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times, not exceeding\nthirty years from their respective dates, bear interest at such rate or\nrates, not exceeding five per centum per annum payable annually or\nsemi-annually, be in such denominations, be in such form, either coupon\nor registered, carry such registration privileges, be executed in such\nmanner, be payable in lawful money of the United States of America at\nsuch place or places and be subject to such terms of redemption, as such\nresolution or resolutions may provide. The bonds may be sold at public\nor private sale for such price or prices as the authority shall\ndetermine, but which shall not at the time of sale yield more than five\nper centum per annum.\n  3. Any resolution or resolutions authorizing any bonds or any issue of\nbonds may contain provisions, which shall be a part of the contract with\nthe holders of the bonds thereby authorized, as to (a) pledging all or\nany part of the revenues of a project or projects to secure the payment\nof the bonds, subject to such agreements with bondholders as may then\nexist;\n  (a) pledging all or any part of the revenues of a project or projects\nto secure the payment of the bonds, subject to such agreements with\nbondholders as may then exist;\n  (b) the rentals, fees and other charges to be charged, and the amounts\nto be raised in each year thereby, and the use and disposition of the\nrevenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of a project;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or of any\nissue of the bonds;\n  (f) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured; 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 thereof, and the manner in which such consent may\nbe given;\n  (h) limitations on the amount of moneys derived from a project to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (i) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine which may include any or\nall the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to section 1599-o hereof, and limiting or\nabrogating the right of the bondholders to appoint a trustee under said\nsection or limiting the rights, duties and powers of such trustee;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n  4. It is the intention hereof that any pledge of revenues or other\nmoneys made by the authority shall be valid and binding from the time\nwhen the pledge is made; that the revenues or other moneys so pledged\nand thereafter received by the authority shall immediately be subject to\nthe lien of such pledge without any physical delivery thereof or further\nact; and that the lien of any such pledge shall be valid and binding as\nagainst all parties having claims, of any kind in tort, contract or\notherwise against the authority irrespective of whether such parties\nhave notice thereof. Neither the resolution nor any other instrument by\nwhich a pledge is created need be recorded.\n  5. Neither the members of the authority nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  6. The authority shall have power out of any funds available therefor\nto purchase bonds. The authority may hold, cancel or resell such bonds,\nsubject to and in accordance with agreements with bondholders.\n  7. In the discretion of the authority, the bonds may be secured by a\ntrust indenture by and between the authority and a corporate trustee,\nwhich may be any trust company or bank having the powers of a trust\ncompany in the state of New York. Such trust indenture may contain such\nprovisions for protecting and enforcing the rights and remedies of the\nbondholders as may be reasonable and proper and not in violation of law,\nincluding covenants setting forth the duties of the authority in\nrelation to the construction, maintenance, operation, repair and\ninsurance of the project or projects and the custody, safeguarding and\napplication of all moneys, and may provide that the project or projects\nshall be constructed and paid for under the supervision and approval of\nconsulting engineers. Notwithstanding the provisions of section 1599-g\nof this title the authority may provide by such trust indenture for the\npayment of the proceeds of the bonds and the revenues of the project or\nprojects to the trustee under such trust indenture or other depository,\nand for the method of disbursement thereof, with such safeguards and\nrestrictions as it may determine. All expenses incurred in carrying out\nsuch trust indenture may be treated as a part of the cost of\nmaintenance, operation, and repairs of the project or projects. If the\nbonds shall be secured by a trust indenture, the bondholders shall have\nno authority to appoint a separate trustee to represent them, and the\ntrustee under such trust indenture shall have and possess all of the\npowers which are conferred by section 1599-o upon a trustee appointed by\nbondholders.\n  * NB Authority ceased to exist 07/01/1974\n  * NB There are 4 § 1599-h's\n
N.Y. PBA Law § 1599-F*3 — New York Code / Act PBA / Article 7 / Title 14** / Section 1599-F*3
Construction contracts
Status: in_force

* § 1599-f. Construction contracts. The authority shall let contracts\nfor construction in the same manner, so far as practicable, as is\nprovided by law for contracts of the city, except that where the\nestimated expense of a contract does not exceed one thousand dollars,\nsuch contracts may be entered into without public letting. Nothing in\nthis section shall be construed to limit the power of the authority to\ndo any construction directly by the officers, agents and employees of\nthe authority.\n  * NB Authority ceased to exist 07/01/1974\n  * NB There are 4 § 1599-f's\n
N.Y. PBA Law § 1599-Q*2 — New York Code / Act PBA / Article 7 / Title 14* / Section 1599-Q*2
Actions against the authority
Status: in_force

* § 1599-q. Actions against the authority. 1. In every action against\nthe authority for damages, for injuries to real or personal property, or\nfor the destruction thereof, or for personal injuries or death, the\ncomplaint shall contain an allegation that at least ninety days have\nelapsed since the demand, claim or claims upon which such action is\nfounded were presented to a member of the authority, or to its\nsecretary, or to its chief executive officer and that the authority has\nneglected or refused to make an adjustment or payment thereof for ninety\ndays after such presentment.\n  2. An action against the authority for damages for injuries to real or\npersonal property, or for the destruction thereof, or for personal\ninjuries or death, alleged to have been sustained, shall not be\ncommenced more than one year after the cause of action therefor shall\nhave accrued, nor unless a notice of intention to commence such action\nand of the time when and place where the damages or personal injuries or\ndeath were incurred or sustained, together with a verified statement\nshowing in detail the property alleged to have been damaged or destroyed\nand the value thereof, or the personal injuries alleged to have been\nsustained and by whom, shall have been filed with the secretary of the\nauthority in the principal office of the authority within six months\nafter such cause of action shall have accrued.\n  * NB Authority terminated 07/01/1974\n  * NB There are 4 § 1599-q's\n
N.Y. PBA Law § 1599-P — New York Code / Act PBA / Article 7 / Title 14 / Section 1599-P
Actions against the authority
Status: in_force

* § 1599-p. Actions against the authority. 1. In every action against\nthe authority for damages, for injuries to real or personal property, or\nfor the destruction thereof, or for personal injuries or death, the\ncomplaint shall contain an allegation that at least thirty days have\nelapsed since the demand, claim or claims upon which such action is\nfounded were presented to a member of the authority, or to its\nsecretary, or to its chief executive officer and that the authority has\nneglected or refused to make an adjustment or payment thereof for thirty\ndays after such presentment.\n  2. Except in an action for wrongful death, an action against the\nauthority for damages for injuries to real or personal property, or for\nthe destruction thereof, or for personal injuries, alleged to have been\nsustained, shall not be commenced more than one year after the cause of\naction therefor shall have accrued, nor unless a notice of intention to\ncommence such an action and of the time when and place where the damages\nor personal injuries were incurred or sustained, together with a\nverified statement showing in detail the property alleged to have been\ndamaged or destroyed and the value thereof, or the personal injuries\nalleged to have been sustained and by whom, shall have been filed with\nthe secretary of the authority in the principal office of the authority\nwithin six months after such cause of action shall have accrued. An\naction against the authority for wrongful death shall be commenced in\naccordance with the notice of claim and time limitation provisions of\ntitle eleven of article nine of this chapter.\n  * NB Authority ceased to exist 12/31/99\n  * NB There are 4 § 1599-p's\n
N.Y. ENV Law § 27-1421 — New York Code / Act ENV / Article 27 / Title 14 / Section 27-1421
Liability limitation
Status: in_force

§ 27-1421. Liability limitation.\n  1. Notwithstanding any other provision of law and except as provided\nin subdivision two of this section, after the department has issued a\ncertificate of completion for a brownfield site, the applicant shall not\nbe liable to the state upon any statutory or common law cause of action,\narising out of the presence of any contamination in, on or emanating\nfrom the brownfield site that was the subject of such certificate at any\ntime before the effective date of a brownfield site cleanup agreement\nentered into pursuant to this title, except that a participant shall not\nreceive a release for natural resource damages that may be available\nunder law.\n  2. (a) The state nonetheless shall reserve all of its rights\nconcerning, and such liability limitation shall not extend to, any\nfurther investigation and/or remediation the department deems necessary\ndue to:\n  (i) environmental contamination at, on, under, or emanating from the\nbrownfield site if, in light of such conditions, the site is no longer\nprotective of public health or the environment; or\n  (ii) non-compliance with the terms of the agreement, the remedial work\nplan and the certificate of completion required by this title; or\n  (iii) fraud committed by the applicant in its application for or\nparticipation in this program; or\n  (iv) a written finding by the department that a change in an\nenvironmental standard, factor, or criterion upon which the remedial\nwork plan or no further action determination was based, renders the\nbrownfield site remedial program implemented at the site no longer\nprotective of public health or the environment; or\n  (v) a change in the brownfield site's use subsequent to the\ndepartment's issuance of the certificate of completion unless additional\nremediation is undertaken which shall meet the standard for protection\nof public health and the environment that applies under this title; or\n  (vi) following the certificate of completion the failure of an\napplicant to make substantial progress toward completion of its proposed\ndevelopment of the site within five years, or the applicant engages in\nunreasonable delay and fails to complete its proposed development of the\nsite within a reasonable time, considering the size, scope and nature of\nthe development. Provided however, that this subparagraph shall not\napply in the case where a Track 1 - unrestricted use as provided in\nsection 27-1415 of this title is achieved.\n  (b) In the case of a volunteer, subparagraph (v) of paragraph (a) of\nthis subdivision shall not apply if Track 1-unrestricted use as provided\nin section 27-1415 of this title is achieved.\n  3. The liability limitation provided pursuant to this section shall\nrun with the land, extending to the applicant's successors or assigns\nthrough acquisition of title to the brownfield site and to a person who\ndevelops or otherwise occupies the brownfield site; provided that such\npersons act with due care and in good faith to adhere to the\nrequirements of the brownfield site cleanup agreement and certificate of\ncompletion. However, such liability limitation does not extend, and\ncannot be transferred, to a person who is responsible for the disposal\nor the discharge of contaminants on such site according to applicable\nprinciples of statutory or common law liability as of the effective date\nof the certification of completion issued pursuant to this title, unless\nthat person was party to the brownfield site cleanup agreement for the\nbrownfield site pursuant to this article.\n  4. The provisions of this title shall not affect an action or a claim,\nincluding a statutory or common law claim for contribution or\nindemnification, that an applicant has or may have against a third\nparty.\n  5. Nothing in this section shall be construed to affect either the\nliability of any person with respect to any costs, damages, or\ninvestigative or remedial activities that are not included in the\nbrownfield site cleanup agreement or remedial investigation work plan\nand/or remedial work plan for the brownfield site or the state's\nauthority to maintain an action or proceeding against any person who is\nnot subject to the brownfield site cleanup agreement.\n  6. A person who has received a liability limitation under this\nsubdivision shall not be liable for claims for contribution regarding\nmatters addressed in the brownfield site cleanup agreement except\nnothing in this section shall effect the liability of the person\nresponsible for such person's own acts or omissions causing wrongful\ndeath or personal injury. Such liability limitation does not discharge\nany of the persons responsible under law to investigate and remediate\nthe contamination, but it reduces the potential liability of the others\nby the amount of the value associated with the remediation activities\ndescribed in the final engineering report.\n  7. Nothing in this section shall be construed to affect the authority\nof the department to reach settlement with other persons consistent with\nits authority under applicable law.\n  8. Nothing in this section shall affect the liability of any person\nwith respect to any civil action brought by a party other than the\nstate.\n  9. In addition to any other powers the department may have, the\ndepartment shall have the authority to periodically inspect each\nbrownfield site to ensure that the use of the property complies with the\nterms and conditions of the brownfield site cleanup agreement.\n
N.Y. ENV Law § 27-1417 — New York Code / Act ENV / Article 27 / Title 14 / Section 27-1417
Citizen participation
Status: in_force

§ 27-1417. Citizen participation.\n  1. Citizen participation handbook. The commissioner shall prepare a\ncitizen participation handbook for the purpose of providing guidance to\napplicants in the design and implementation of meaningful citizen\nparticipation plans consistent with the requirements of this section for\nthe remediation of brownfield sites as provided in this title. Such\nhandbook shall encourage citizen involvement by outlining opportunities\nand recommended methods for effective citizen participation. The\ncommissioner shall make such handbook available to all applicants and\nother interested members of the public upon request and shall make it\navailable on the department's website.\n  2. Citizen participation plans. (a) The design of any citizen\nparticipation plan, including the level of citizen involvement and the\ntools utilized, shall take into account the scope and scale of the\nproposed remedial program, local interest and history, and other\nrelevant factors. While retaining flexibility, citizen participation\nplans shall embody the following principles of meaningful citizen\nparticipation:\n  (1) opportunities for citizen involvement should be provided as early\nas possible in the decision making process prior to the selection of a\npreferred course of action by the department and/or the applicant.\n  (2) activities proposed in such plan should be as reflective of the\ndiversity of interests and perspective found within the community as\npossible, allowing the public the opportunity to have their views heard\nand considered, which may include opportunities for two-way dialogue.\n  (3) full, timely, and accessible disclosure and sharing of information\nby the department shall be provided, including the provision of\ntechnical data and the assumptions upon which the analyses are based.\n  (b) All citizen participation plans shall include the following\nminimum elements:\n  (1) identification of the interested public and preparation of a\nbrownfield site contact list;\n  (2) identification of major issues of public concern related to the\nbrownfield site;\n  (3) a description and schedule of public participation activities\nrequired pursuant to this section; and\n  (4) a description and schedule of any additional public participation\nactivities needed to address public concerns.\n  3. Citizen participation requirements. (a) In addition to the formal\nmilestones listed below, the public may provide comments at any time\nduring the remedial program.\n  (b) The person submitting a request for participation, in cooperation\nwith the department, shall provide a newspaper notice of the person's\nrequest to participate in the program. The person, in cooperation with\nthe department, shall also provide notice thereof to the brownfield site\ncontact list. Such notice shall provide for a thirty day public comment\nperiod following publication.\n  (c) Before the department finalizes the remedial investigation\nworkplan, the applicant, in cooperation with the department, must notify\nindividuals on the brownfield site contact list. Such notice shall\ninclude a fact sheet describing such plan and provide for a thirty day\npublic comment period.\n  (d) Before the department approves a proposed remedial investigation\nreport, the department, in consultation with the applicant, shall notify\nindividuals on the brownfield site contact list. Such notice shall\ninclude a fact sheet describing such report.\n  (e) Upon the department's determination of significant threat pursuant\nto section 27-1411 of this title, the department must provide notice to\nindividuals on the brownfield site contact list. Such notice shall\ninclude a fact sheet describing the basis of the department's\ndetermination.\n  (f) Before the department finalizes a proposed remedial work plan or\nmakes a determination that site conditions meet the requirements of this\ntitle without the necessity for remediation pursuant to section 27-1411\nof this title, the department, in consultation with the applicant, must\nnotify individuals on the brownfield site contact list. Such notice\nshall include a fact sheet describing such plan and provide for a\nforty-five day public comment period. The commissioner shall hold a\npublic meeting if requested by the affected community and the\ncommissioner has found that the site constitutes a significant threat to\nthe public health or the environment. Further, the affected community\nmay request a public meeting at sites that do not constitute a\nsignificant threat. (1) To the extent that the department has determined\nthat site conditions do not pose a significant threat and the site is\nbeing addressed by a volunteer, the notice shall state that the\ndepartment has determined that no remediation is required for the\noff-site areas and that the department's determination of a significant\nthreat is subject to this forty-five day comment period. (2) If the\nremedial work plan includes a Track 2, Track 3 or Track 4 remedy at a\nnon-significant threat site, such comment period shall apply both to the\napproval of the alternatives analysis by the department and the proposed\nremedy selected by the applicant.\n  (g) Before the applicant commences construction at the brownfield\nsite, the applicant, in cooperation with the department, shall provide\nnotice to the individuals on the brownfield site contact list.\n  (h) Before the department approves a proposed final engineering\nreport, the department, in consultation with the applicant, must notify\nindividuals on such contact list. Such notice shall include a fact sheet\ndescribing the brownfield site report, including any proposed\ninstitutional or engineering controls.\n  (i) Within ten days of the issuance of a certificate of completion at\na site which will utilize institutional or engineering controls, the\napplicant, in cooperation with the department, shall provide notice to\nthe brownfield site contact list. Such notice shall include a fact sheet\ndescribing such controls.\n  4. Technical assistance grants.  (a) Within the limits of\nappropriations made available pursuant to paragraph j of subdivision\nthree of section ninety-seven-b of the state finance law, the\ncommissioner is authorized to provide grants to any not-for-profit\ncorporation exempt from taxation under section 501(c)(3) of the internal\nrevenue code at any site determined to pose a significant threat by the\ndepartment and which may be affected by a brownfield site remedial\nprogram. To qualify to receive such assistance, a community group must\ndemonstrate that its membership represents the interests of the\ncommunity affected by such site. Furthermore, the commissioner is\nauthorized to direct any applicant who is a responsible party, as\ndefined in section 27-1313 of this article, to provide such grants. Such\ngrants shall be known as technical assistance grants and may be used to\nobtain technical assistance in interpreting information with regard to\nthe nature of the hazard posed by contamination located or emanating\nfrom a brownfield site or sites and the development and implementation\nof a brownfield site remedial program or programs. Such grants may also\nbe used to hire health and safety experts to advise affected residents\non any health assessments and for the education of interested affected\ncommunity members to enable them to more effectively participate in the\nremedy selection process. Grants awarded under this section may not be\nused for the purposes of collecting field sampling data, political\nactivity or lobbying legislative bodies.\n  (b) The amount of any grant awarded under this section may not exceed\nfifty thousand dollars at any one site.\n  (c) No matching contribution from the grant recipient shall be\nrequired for a technical assistance grant. Following a grant award, a\nportion of the grant shall be made available to the grant recipient, in\nadvance of the expenditures to be covered by the grant, in five thousand\ndollar installments.\n
N.Y. PBA Law § 1599-S — New York Code / Act PBA / Article 7 / Title 14 / Section 1599-S
Inconsistent provisions in other acts superseded
Status: in_force

* § 1599-s. Inconsistent provisions in other acts superseded. In so\nfar as the provisions of this title are inconsistent with the provisions\nof any other act, general or special, or of any local law of the city,\nthe provisions of this title shall be controlling.\n  * NB Authority ceased to exist 12/31/99\n  * NB There are 4 § 1599-s's\n
N.Y. PBA Law § 1599-N*4 — New York Code / Act PBA / Article 7 / Title 14*** / Section 1599-N*4
Tax exemptions
Status: in_force

* § 1599-n. Tax exemptions. 1. It is hereby determined that the\ncreation of the authority and the carrying out of its corporate purposes\nis in all respects for the benefit of the people of the city of\nSchenectady and its environs, and is a public purpose, and the authority\nshall be regarded as performing an essential governmental function in\nthe exercise of the powers conferred upon it by this title and shall be\nrequired to pay no taxes, special ad valorem levies or special\nassessments upon any of the property acquired by it or under its\njurisdiction or control or supervision or upon its activities, or any\nfiling, 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,\nincluding improvements thereon, by any person or public benefit\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 be exempt\nfrom taxation, except for transfer and estate taxes.\n  * NB Authority ceased to exist 08/05/2002\n  * NB There are 4 § 1599-n's\n
N.Y. PBA Law § 1599-D*2 — New York Code / Act PBA / Article 7 / Title 14* / Section 1599-D*2
Purpose and powers of the authority
Status: in_force

* § 1599-d. Purpose and powers of the authority. The purpose of the\nauthority shall be to construct, operate and maintain one or more\nprojects in the city. To carry out said purpose, the authority shall\nhave power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, hold and dispose of personal property for its corporate\npurposes, including the power to purchase prospective or tentative\nawards in connection with the condemnation of real property;\n  4. To acquire in the name of the city by purchase or condemnation, and\nuse necessary real property. All real property acquired by the authority\nby condemnation shall be acquired in the manner provided in the\ncondemnation law or in the manner provided by law for the condemnation\nof land by the city;\n  5. To make by-laws for the management and regulation of its affairs,\nand, subject to agreements with bondholders, for the regulation of the\nproject;\n  6. With the consent of the city to use agents, employees and\nfacilities of the city, paying to the city its agreed proportion of the\ncompensation or costs;\n  7. To appoint officers, agents and employees, to prescribe their\nqualifications and to fix their compensation; subject, however, to the\nprovisions of the civil service law, as hereinafter provided;\n  8. To appoint an attorney, and to fix his compensation;\n  9. To make contracts and leases, and to execute all instruments\nnecessary or convenient;\n  10. To construct such buildings, structures and facilities as may be\nnecessary;\n  11. To reconstruct, improve, maintain and operate the projects;\n  12. To accept grants, loans or contributions from the United States,\nthe state of New York, or any agency or instrumentality of either of\nthem, or the city, or an individual, by bequest or otherwise, and to\nexpend the proceeds for any purposes of the authority;\n  13. To fix and collect rentals, fees and other charges for the use of\nthe projects or any of them subject to and in accordance with such\nagreements with bondholders as may be made as hereinafter provided;\n  14. To construct, operate or maintain in the projects all facilities\nnecessary or convenient in connection therewith; and to contract for the\nconstruction, operation or maintenance of any parts thereof or for\nservices to be performed; to rent parts thereof, and grant concessions,\nall on such terms and conditions as it may determine; provided however,\nthat neither the authority, the city of Cohoes or any agency of the\nauthority or city, or any other person, firm or corporation shall,\nwithin or on any property comprising a part of any project authorized by\nthis title, sell, dispense or otherwise handle any product used in or\nfor the servicing of any motor vehicle using any project or facility\nauthorized by this title, and provided further that the location of\nsites of the projects shall be subject to the prior advice of the\nplanning commission of the city.\n  * NB Authority terminated 07/01/1974\n  * NB There are 4 § 1599-d's\n
N.Y. PBA Law § 1599-H — New York Code / Act PBA / Article 7 / Title 14 / Section 1599-H
Moneys of the authority
Status: in_force

* § 1599-h. Moneys of the authority. All moneys of the authority shall\nbe paid to the comptroller and treasurer of the city as agent of the\nauthority, who shall not commingle such moneys with any other moneys.\nSuch moneys shall be deposited in a separate bank account or accounts.\nThe moneys in such accounts shall be paid out by the comptroller and\ntreasurer of the city on requisition of the chairman of the authority or\nof such other person or persons as the authority may authorize to make\nsuch requisitions after audit by the comptroller of the city. All\ndeposits of such moneys shall, if required by the comptroller and\ntreasurer of the city or the authority, be secured by obligations of the\nUnited States or of the state of New York of a market value equal at all\ntimes to the amount of the deposit, and all banks and trust companies\nare authorized to give such security for such deposits. The comptroller\nand the mayor and the members of the common council of the city and\ntheir legally authorized representatives are authorized and empowered\nfrom time to time to examine the accounts and books of the authority,\nincluding its receipts, disbursements, contracts, leases, sinking funds,\ninvestments and any other records and papers relating to its financial\nstanding. The authority shall have power, notwithstanding the provisions\nof this section, to contract with the holders of any of its bonds as to\nthe custody, collection, securing, investment and payment of any moneys\nof the authority or any moneys held in trust or otherwise for the\npayment of bonds or in any way to secure bonds, and to carry out any\nsuch contract notwithstanding that such contract may be inconsistent\nwith the previous provisions of this section. Moneys held in trust or\notherwise for the payment of bonds or in any way to secure bonds and\ndeposits of such moneys may be acquired in the same manner as moneys of\nthe authority, and all banks and trust companies are authorized to give\nsuch security for such deposits. The accounts of the authority shall be\nsubject to the supervision of the state comptroller. The authority shall\nrender a complete account of its proceedings to the common council at\nsuch time or times as requested to do so by said common council.\n  * NB Authority ceased to exist 12/31/99\n  * NB There are 4 § 1599-h's\n
N.Y. PBA Law § 2056 — New York Code / Act PBA / Article 8 / Title 14 / Section 2056
Civil service status of employees
Status: in_force

* § 2056. Civil service status of employees. The appointment and\npromotion of all employees of the authority shall be made in accordance\nwith the provisions of the civil service law and the rules of the Broome\ncounty civil service commission, and such employees shall be entitled to\nmembership in the county pension and retirement system, and shall be\nentitled to the same rights and obligations thereunder as the employees\nof the county.\n  * NB Authority dissolved September 1, 1977\n
N.Y. PBA Law § 1599-E*3 — New York Code / Act PBA / Article 7 / Title 14** / Section 1599-E*3
Conveyance of property by the city to the authority; acquisition of property by the city or by the authority
Status: in_force

* § 1599-e. Conveyance of property by the city to the authority;\nacquisition of property by the city or by the authority. 1. The city\nmay, by resolution or resolutions of the common council or by\ninstruments authorized by such resolutions, convey, with or without\nconsideration, and upon appropriate conditions as to outstanding city\nbonds appertaining thereto, to the authority real and personal property\nowned by the city for use by the authority as a project or projects or a\npart thereof. In case of real property so conveyed, the title thereto\nshall remain in the city but the authority shall have the use and\noccupancy thereof for so long as its corporate existence shall continue.\nIn the case of personal property so conveyed, the title shall pass to\nthe authority.\n  2. The city may acquire in the name of the city by purchase or\ncondemnation real property in the city for any of the projects or for\nthe widening of existing roads, streets, avenues, or highways, or for\nnew roads, streets, avenues or highways within a radius of one mile to\nany of the projects, or partly for such purposes and partly for other\ncity purposes, by purchase or condemnation in the manner provided by law\nfor the acquisition of real property by the city. For like purposes, the\ncity may close such streets, roads, avenues, or highways as may be\nnecessary or convenient, except as to state highways and arterial ways\nwhich may not be closed without the consent of the state commissioner of\ntransportation.\n  3. Contracts may be entered into between the city and the authority\nproviding for the property to be conveyed by the city to the authority,\nthe additional property to be acquired by the city and so conveyed, the\nstreets, roads, avenues, and highways to be closed by the city and the\namounts, terms and conditions of payment to be made by the authority.\nSuch contracts may also contain covenants by the city as to the road,\nstreet, avenue and highway improvements to be made by the city. Any such\ncontracts between the city and the authority may be pledged by the\nauthority to secure its bonds and may not be modified thereafter except\nas provided by the terms of the pledge. The common council may authorize\nsuch contracts between the city and the authority and no other\nauthorization on the part of the city for such contracts shall be\nnecessary. Any such contracts may be so authorized and entered into by\nthe city and in such manner as the common council may determine, and the\npayments required to be made by the city may be made and financed\nnotwithstanding that no provisions therefor shall have first been made\nin the annual budget of the city. All contractual or other obligations\nof the city incurred in carrying out the provisions of this title shall\nbe included in and provided for by each annual budget of the city\nthereafter made, if and to the extent that they may appropriately be\nincluded therein.\n  4. The authority may, subject to the approval of the common council of\nthe city of Niagara Falls, itself acquire real property for a project in\nthe name of the city at the cost and expense of the authority by gift,\npurchase or condemnation pursuant to the condemnation law or pursuant to\nthe laws relating to the condemnation of land by the city. The authority\nshall have the use and occupancy of such real property so long as its\ncorporate existence shall continue.\n  5. In case the authority shall have the use and occupancy of any real\nproperty which it shall determine is no longer required for a project\nthen, if such property was acquired at the cost and expense of the city,\nthe authority shall have the power to surrender its use and occupancy\nthereof to the city, or, if such real property was acquired at the cost\nand expense of the authority, then the authority shall have the power to\nsell, lease or otherwise dispose of said real property at public or\nprivate sale, and shall retain and have the power to use the proceeds of\nsale, rentals, or other moneys derived from the disposition thereof for\nits purposes.\n  * NB Authority ceased to exist 07/01/1974\n  * NB There are 4 § 1599-e's\n
N.Y. PBA Law § 1599-K*2 — New York Code / Act PBA / Article 7 / Title 14* / Section 1599-K*2
Agreements of the state
Status: in_force

* § 1599-k. Agreements of the state. 1. The state of New York does\npledge to and agree with the holders of the bonds that the state will\nnot limit or alter the rights hereby vested in the authority to acquire,\nconstruct, maintain, reconstruct and operate the project or projects, to\nestablish and collect rentals, fees and other charges and to fulfill the\nterms of any agreements made with the holders of the bonds, or in any\nway impair the rights and remedies of the bondholders, until the bonds,\ntogether with interest thereon, with interest on any unpaid installments\nof interest and all costs and expenses in connection with any action or\nproceeding by or on behalf of the bondholders, are fully met and\ndischarged.\n  2. The authority is hereby authorized, in its discretion, for and on\nbehalf of itself and the city of Cohoes to covenant and agree with the\nholders of the bonds, with such exceptions and limitations as it may\ndeem in the public interest, that no public parking areas except those\nacquired and operated by the authority will be constructed or operated\nin the city by the city, or by any public benefit or other corporation\nthe members or some of which are elected or are appointed by city\nofficials, until either (a) the bonds, together with interest thereon,\ninterest on any unpaid installments of interest and all costs and\nexpenses in connection with any action or proceeding by or on behalf of\nthe bondholders are fully met and discharged or (b) principal or\ninterest of any of the bonds shall be overdue and unpaid for a period of\nthree years or more, provided that nothing herein contained shall be\ndeemed to impair the right of the city to install and operate parking\nmeters on the public streets of the city.\n  * NB Authority terminated 07/01/1974\n  * NB There are 4 § 1599-k's\n
N.Y. PBA Law § 1599-N*2 — New York Code / Act PBA / Article 7 / Title 14* / Section 1599-N*2
Tax exemptions
Status: in_force

* § 1599-n. Tax exemptions. 1. It is hereby determined that the\ncreation of the authority and the carrying out of its corporate purposes\nis in all respects for the benefit of the people of the city of Cohoes\nand its environs, and is a public purpose, and the authority shall be\nregarded as performing a governmental function in the exercise of the\npowers conferred upon it by this title and shall be required to pay no\ntaxes or assessments upon any of the property acquired by it or under\nits jurisdiction or control or supervision or upon its activities.\n  2. Any bonds or notes issued pursuant to this title, together with the\nincome therefrom, as well as the property of the authority, shall be\nexempt from taxation, except for transfer and estate taxes.\n  * NB Authority terminated 07/01/1974\n  * NB There are 4 § 1599-n's\n
N.Y. PBA Law § 1599-S*2 — New York Code / Act PBA / Article 7 / Title 14* / Section 1599-S*2
Title not affected if in part unconstitutional or ineffective
Status: in_force

* § 1599-s. Title not affected if in part unconstitutional or\nineffective. If any section, clause or provision of this title shall be\nunconstitutional or be ineffective in whole or in part, to the extent\nthat it is not unconstitutional or ineffective, it shall be valid and\neffective and no other section, clause or provision shall on account\nthereof be deemed invalid or ineffective.\n  * NB Authority terminated 07/01/1974\n  * NB There are 4 § 1599-s's\n
N.Y. ENV Law § 27-1420 — New York Code / Act ENV / Article 27 / Title 14 / Section 27-1420
Brownfield cleanup program report
Status: in_force

§ 27-1420. Brownfield cleanup program report.\n  1. The commissioner, in consultation with the commissioner of taxation\nand finance, shall prepare on or before April thirtieth of each year, a\nreport concerning the brownfield cleanup program which contains the\nfollowing information for the preceding fiscal year:\n  a. the number of requests for participation received by the\ndepartment;\n  b. the number of remedial investigations commenced, and the number of\nremedial investigations completed;\n  c. the number of requests for participation withdrawn or terminated\nprior to issuance of certificate of completion;\n  d. for each request for participation that resulted in a certificate\nof completion, the length of time from the date the department received\nthe request, to the date the commissioner issues the certificate of\ncompletion;\n  e. the total number of certificates of completion issued; and\n  f. such other information as the commissioner may determine is\nrelevant to the status of the administration of the program.\n  2. Copies of this report shall be submitted to the governor, the\ndirector of the budget, the temporary president of the senate, the\nspeaker of the assembly, the chair of the senate finance committee, the\nchair of the assembly ways and means committee and the New York\nbrownfields advisory board.\n
N.Y. ENV Law § 27-1405 — New York Code / Act ENV / Article 27 / Title 14 / Section 27-1405
Definitions
Status: in_force

§ 27-1405. Definitions.\n  1. "Applicant" shall mean a person whose request to participate in the\nbrownfield cleanup program under this title has been accepted by the\ndepartment:\n  (a) "Participant" shall mean an applicant who either: (i) was the\nowner of the site at the time of the disposal or discharge of\ncontaminants or (ii) is otherwise a person responsible according to\napplicable principles of statutory or common law liability, unless such\nperson's liability arises solely as a result of such person's ownership\nor operation of or involvement with the site subsequent to the disposal\nor discharge of contaminants.\n  (b) "Volunteer" shall mean an applicant other than a participant,\nincluding without limitation a person whose liability arises solely as a\nresult of such person's ownership or operation of or involvement with\nthe site subsequent to the disposal or discharge of contaminants,\nprovided however, such person exercises appropriate care with respect to\ncontamination found at the facility by taking reasonable steps to:\n  (i) stop any continuing release;\n  (ii) prevent any threatened future release; and\n  (iii) prevent or limit human, environmental, or natural resource\nexposure to any previously released contamination.\n  2. "Brownfield site" or "site" shall mean any real property where a\ncontaminant is present at levels exceeding the soil cleanup objectives\nor other health-based or environmental standards, criteria or guidance\nadopted by the department that are applicable based on the reasonably\nanticipated use of the property, in accordance with applicable\nregulations. Such term shall not include real property:\n  (a) listed in the registry of inactive hazardous waste disposal sites\nunder section 27-1305 of this article at the time of application to this\nprogram and given a classification as described in subparagraph one or\ntwo of paragraph b of subdivision two of section 27-1305 of this\narticle; provided, however, real property listed in the registry of\ninactive hazardous waste disposal sites under subparagraph two of\nparagraph b of subdivision two of section 27-1305 of this article, where\nsuch real property is owned by a volunteer or under contract to be\ntransferred to a volunteer, shall not be deemed ineligible to\nparticipate, provided that, prior to the site being accepted into the\nbrownfield cleanup program, the department has not identified any\nresponsible party for that property having the ability to pay for the\ninvestigation or cleanup of the property and further provided that the\nstatus of any such site as listed in the registry shall not be altered\nprior to the issuance of a certificate of completion pursuant to section\n27-1419 of this title. The department's assessment of eligibility under\nthis paragraph shall not constitute a finding concerning liability with\nrespect to the property;\n  (b) listed on the national priorities list established under authority\nof 42 U.S.C. section 9605;\n  (c) subject to an enforcement action under title seven or nine of this\narticle, or permitted or required to be permitted as a treatment,\nstorage or disposal facility; provided, that nothing herein contained\nshall be deemed otherwise to exclude from the scope of the term\n"brownfield site" a hazardous waste treatment, storage or disposal\nfacility having interim status according to regulations promulgated by\nthe commissioner and provided further that real property owned by a\nvolunteer or under contract to be transferred to a volunteer shall not\nbe deemed ineligible to participate provided that, prior to the site\nbeing accepted into the brownfield cleanup program, the department has\nnot identified any responsible party for that property having the\nability to pay for the investigation or cleanup of the property;\n  (d) subject to an order for cleanup pursuant to article twelve of the\nnavigation law or pursuant to title ten of article seventeen of this\nchapter except such property shall not be deemed ineligible if it is\nsubject to a stipulation agreement; or\n  (e) subject to any other on-going state or federal environmental\nenforcement action related to the contamination which is at or emanating\nfrom the site subject to the present application.\n  3. "Brownfield site contact list" shall mean a list of persons,\ngovernment agencies, groups, or organizations, including, but not\nlimited to the chief executive officer and zoning board of each county,\ncity, town and village in which such site is located, in a city with a\npopulation of one million or more, any community board in which such\nsite is located, the public water supplier which serves the area in\nwhich such site is located, any site residents, any person who has\nrequested to be placed on the site contact list, and the administrator\nof any school or day care facility located on the site for the purposes\nof posting and/or dissemination at the facility. For the purposes of\nthis section "water supplier" means any public water system as such term\nis defined for the purposes of the sanitary code of the state of New\nYork as authorized by section two hundred twenty-five of the public\nhealth law. Provided, however, that where the site or adjacent real\nproperty contains multiple dwelling units, the applicant shall work with\nthe department to develop an alternative method for providing such\nnotice in lieu of mailing to each individual.\n  4. "Brownfield site cleanup agreement" shall mean an agreement\nexecuted in accordance with section 27-1409 of this title by an\napplicant and the department for the purpose of completing a brownfield\nsite remedial program.\n  5. "Brownfield site remedial program" or "remedial program" shall mean\nall remedial activities or actions undertaken to eliminate, remove,\ntreat, abate, control, manage, or monitor contamination at or emanating\nfrom a brownfield site, including, but not limited to, the following:\n  (a) remedial investigation and remedy selection activities needed to\ndevelop such a program;\n  (b) design activities;\n  (c) construction activities including without limitation grading,\ncontouring, trenching, grouting, capping, excavating, transporting,\nincinerating, thermally treating, chemically treating, biologically\ntreating, constructing leachate collection and treatment systems or\napplication of innovative technologies approved by the department;\n  (d) interim remedial measures;\n  (e) post-construction operation, maintenance, and monitoring;\n  (f) restoration of the environment;\n  (g) involvement by local governments of jurisdiction and by the\ngeneral public; or\n  (h) oversight by the department.\n  6. "Citizen participation plan" shall mean the description of citizen\nparticipation activities prepared and carried out pursuant to section\n27-1417 of this title.\n  7. "Concentrated solid or semi-solid hazardous wastes" shall mean\nsolid or semi-solid hazardous wastes present in surface or subsurface\nsoil, surface water or groundwater in a concentrated form, such as\nprecipitated metallic salts, metal oxides, or chemical sludges.\n  7-a. "Contaminant" shall mean hazardous waste and/or petroleum as such\nterms are defined in this section.\n  8. "Contamination" or "contaminated" shall mean the presence of a\ncontaminant in any environmental media, including soil, surface water,\ngroundwater, air, or indoor air.\n  9. "Dense non-aqueous phase liquid" or "DNAPL" shall mean a hazardous\nwaste that is a liquid that is denser than water and does not dissolve\nor mix easily in water.\n  10. "Document repository" shall mean a repository of brownfield site\nremedial program documents approved by the department or released for\npublic notice established in a publicly accessible building near the\nlocation of such site.\n  11. "Engineering control" shall mean any physical barrier or method\nemployed to actively or passively contain, stabilize, or monitor\ncontamination, restrict the movement of contamination to ensure the\nlong-term effectiveness of a remedial program, or eliminate potential\nexposure pathways to contamination. Engineering controls include, but\nare not limited to, pavement, caps, covers, subsurface barriers, vapor\nbarriers, slurry walls, building ventilation systems, fences, access\ncontrols, provision of alternative water supplies via connection to an\nexisting public water supply, adding treatment technologies to such\nwater supplies, and installing filtration devices on private water\nsupplies.\n  12. "Feasible" shall mean suitable to site conditions, capable of\nbeing successfully carried out with available technology, implementable\nand cost effective.\n  13. "Financial assurance" shall include but not be limited to surety\nbonds, trust funds, letters of credit, insurance or a multiple of\nfinancial mechanisms as determined to be adequate by the department.\n  14. "Free product" shall mean an immiscible non-aqueous phase liquid,\nother than a dense non-aqueous phase liquid present as a liquid in\nsurface or sub-surface soil, surface water or groundwater in a\npotentially mobile state.\n  15. "Grossly contaminated soil" shall mean soil which contains free\nproduct or residual contamination which is identifiable either visually,\nthrough the perception of odor, by elevated contaminant vapor levels, by\nfield instrumentation, or is otherwise readily detectable.\n  16. "Groundwater" shall mean water below the land surface in a\nsaturated zone of soil or rock. This includes perched water separated\nfrom the main body of groundwater by an unsaturated zone.\n  17. "Hazardous waste" shall mean a hazardous waste as defined in\nsection 27-1301 of this article.\n  18. "Institutional control" shall mean any non-physical means of\nenforcing a restriction on the use of real property that limits human or\nenvironmental exposure, restricts the use of groundwater, provides\nnotice to potential owners, operators, or members of the public, or\nprevents actions that would interfere with the effectiveness of a\nremedial program or with the effectiveness and/or integrity of\noperation, maintenance, or monitoring activities at or pertaining to a\nbrownfield site.\n  19. "Interim remedial measures" shall mean activities to address both\nemergency and non-emergency site conditions, which can be undertaken\nwithout extensive investigation and evaluation, to prevent, mitigate, or\nremedy environmental damage or the consequences of environmental damage\nattributable to a site, including but not limited to, the following\nactivities: construction of diversion ditches, collection systems, free\nproduct recovery systems, or leachate collection systems; construction\nof fences or other barriers; installation of water filters; provision of\nalternative water systems; the removal of free product; or plume\ncontrol.\n  20. "Light Non Aqueous Phase Liquid" or "LNAPL" shall mean a\ncontaminant that is a liquid that is lighter than water and does not\ndissolve or mix easily in water.\n  21. "Municipality" shall mean a local public authority or public\nbenefit corporation, a county, city, town, village, school district,\nsupervisory district, district corporation, improvement district within\na county, city, town or village or Indian nation or tribe recognized by\nthe United States with a reservation wholly or partly within the\nboundaries of the state, or any combination thereof.\n  22. "Newspaper notice" shall mean the placement of a prominently\nlocated, paid newspaper advertisement in the community bulletin section\nor similar local section of a newspaper of general circulation in the\nvicinity of the brownfield site which is the subject of the notice. Such\nnotice shall be in English and in any other language spoken by\nsignificant numbers of people within the community.\n  23. "Non-aqueous phase liquid" shall mean a liquid that does not\ndissolve or mix easily in water.\n  24. "Off-site contamination" shall mean any contamination which has\nemanated from a brownfield site beyond the real property boundaries of\nsuch site, via movement through air, indoor air, soil, surface water or\ngroundwater.\n  25. "On-site contamination" shall mean any contamination located\nwithin the real property boundaries of a brownfield site.\n  26. "Permanent cleanup" or "permanent remedy" shall mean a cleanup or\nremedy that would allow a site to be used for any purpose without\nrestriction and without reliance on the long-term employment of\ninstitutional or engineering controls.\n  27. "Petroleum" shall have the meaning set forth in section one\nhundred seventy-two of the navigation law.\n  28. "Residual contamination" shall mean contamination remaining as a\nsolid, semi-solid or immiscible liquid in surface or subsurface soil,\ngeologic matrix pore spaces or fractures and held in place by capillary\nforces or other physical or chemical forces that will not drain from the\nformation.\n  29. "Affordable housing project" shall mean (a) a project as shall be\ndefined in regulation by the department, after consultation with the\ndivision of housing and community renewal, which shall at a minimum,\nestablish the percentage of units in the project that must be below a\ndefined percentage of the area median income; or (b) a project situated\non a brownfield site that demonstrates the project is the subject of a\ndetermination by a federal, state or local government housing agency\nthat all or a portion of the project or site will qualify for benefits,\nincluding but not limited to real property taxation exemptions, is or\nwill be eligible under an affordable housing program which requires that\na percentage of residential rental or home ownership dwelling units be\ndedicated to tenants or homeowners at a defined maximum percentage or\npercentages of area median income based on the occupants' households\nannual gross income. Such federal, state or local affordable housing\nprogram shall confer a benefit to the project. For the purposes of this\nsubdivision, the term "benefit" shall be broadly construed, and shall\ninclude, but not be limited to, tax benefits, including real estate tax\nbenefits, tax credits, bond financing, subsidy financing, and zoning\nvariances or waivers. Further, the department may by regulation, after\nconsulting with the division of housing and community renewal, exclude\nspecific benefits from qualifying pursuant to this subdivision. To\ndemonstrate eligibility under this subdivision, the project must present\na certification of compliance or other evidence of eligibility by a\nfederal, state, or local government affordable housing agency that such\nproject is an affordable housing project. For purposes of this\nsubdivision, "area median income" shall mean the area median income for\nthe primary metropolitan statistical area or for the county if located\noutside a metropolitan statistical area, as determined by the United\nStates department of housing and urban development or its successor for\na family of four, as adjusted for family size.\n  30. "Underutilized" shall be defined in regulation by the department,\nafter consultation with the business community and the city of New York.\nSuch regulations shall be adopted no later than October first, two\nthousand fifteen and take into consideration the existing use of a\nproperty relative to allowable development under zoning, the need for\nsubstantial government assistance to redevelop and other relevant\nfactors.\n  31. "Upside down" shall mean a property where the projected and\nincurred cost of the investigation and remediation which is protective\nfor the anticipated use of the property equals or exceeds seventy-five\npercent of its independent appraised value, as of the date of submission\nof the application for participation in the brownfield cleanup program,\ndeveloped under the hypothetical condition that the property is not\ncontaminated.\n  32. "Disadvantaged community" shall mean a community that is\nidentified pursuant to section 75-0111 of this chapter.\n  33. "Renewable energy facility site" shall mean real property: (a)\nthat is used for a renewable energy system, as defined in section\nsixty-six-p of the public service law; or (b) any co-located system\nstoring energy generated from such a renewable energy system prior to\ndelivering it to the bulk transmission, sub-transmission, or\ndistribution system.\n
N.Y. PBA Law § 1599-L*4 — New York Code / Act PBA / Article 7 / Title 14*** / Section 1599-L*4
State and city not liable on bonds
Status: in_force

* § 1599-l. State and city not liable on bonds. The bonds and other\nobligations of the authority shall not be a debt of the state or of the\ncity, and neither the state nor the city shall be liable thereon, nor\nshall they be payable out of any funds other than those of the\nauthority.\n  * NB Authority ceased to exist 08/05/2002\n  * NB There are 4 § 1599-l's\n
N.Y. PBA Law § 1599-P*4 — New York Code / Act PBA / Article 7 / Title 14*** / Section 1599-P*4
Remedies of bondholders
Status: in_force

* § 1599-p. Remedies of bondholders. 1. In the event that the\nauthority shall default in the payment of principal of or interest on\nany issue of the bonds after the same shall become due, whether at\nmaturity or upon call for redemption, and such default shall continue\nfor a period of thirty days, or in the event that the authority shall\nfail or refuse to comply with the provisions of this title, or shall\ndefault in any agreement made with the holders of any issue of the\nbonds, the holders of twenty-five per centum in aggregate principal\namount of the bonds of such issue then outstanding, by instrument or\ninstruments filed in the office of the clerk of the county of\nSchenectady and proved or acknowledged in the same manner as a deed to\nbe recorded, may appoint a trustee to represent the holders of such\nbonds for the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his or its own name\n  (a) by action or special proceeding enforce all rights of the\nbondholders, including the right to require the authority to collect\nrevenues adequate to carry out by any agreement as to, or pledge of,\nsuch revenues, and to require the authority to carry out any other\nagreements with the holders of such bonds and to perform its duties\nunder this title;\n  (b) bring suit upon such bonds;\n  (c) by action or special proceeding, require the authority to account\nas if it were the trustee of an express trust for the holders of such\nbonds;\n  (d) by action or special proceeding, enjoin any acts or things which\nmay be unlawful or in violation of the rights of the holders of such\nbonds;\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. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders. The venue of any\nsuch suit, action or proceeding shall be laid in the county of\nSchenectady.\n  4. Before declaring the principal of all such bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  5. 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 bondholders, shall take possession of all moneys and other property\nderived from or applicable to the acquisition, construction, operation,\nmaintenance and reconstruction of such part or parts of the project and\nproceed with the acquisition of any real property necessary or\nconvenient in connection with the project that the authority has\ncovenanted to construct, and with any construction which the authority\nis under obligation to do and to operate, maintain and reconstruct such\npart or parts of the project and collect and receive all revenues\nthereafter arising therefrom subject to any pledge thereof or agreement\nwith bondholders relating thereto and perform the public duties and\ncarry out the agreements and obligations of the authority under the\ndirection of the court. In any suit, action or proceeding by the\ntrustee, the fee, counsel fees and expenses of the trustee and of the\nreceiver, if any, shall constitute taxable disbursements and all costs\nand disbursements allowed by the court shall be a first charge on any\nrevenues derived from such project.\n  6. 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  * NB Authority ceased to exist 08/05/2002\n  * NB There are 4 § 1599-p's\n
N.Y. ENV Law § 27-1431 — New York Code / Act ENV / Article 27 / Title 14 / Section 27-1431
Access to sites
Status: in_force

§ 27-1431. Access to sites.\n  The department, by and through the commissioner, shall be authorized\nto:\n  1. Require that any person permit a duly designated officer or\nemployee of the department or of a municipal corporation, or any agent,\nconsultant, or contractor of the department or of a municipal\ncorporation, or any other person, including an employee, agent,\nconsultant, or contractor of an applicant acting at the direction of the\ndepartment, so authorized in writing by the commissioner, to enter upon\nany property which has or may have been the site of the disposal or\ndischarge of contaminants, and/or areas near such site, for the\nfollowing purposes:\n  a. to inspect and take samples of such contaminants and/or\nenvironmental media, utilizing such sampling methods as may be necessary\nor appropriate, including without limitation soil borings and monitoring\nwells; provided, that no sampling methods involving the substantial\ndisturbance of the ground surface of such property may be utilized until\nafter a minimum of ten days' written notice thereof shall have been\nprovided to the owner and operator and occupant of such property, if\nidentifiable by reasonable efforts, unless the commissioner makes a\nwritten determination that such notice will not allow the protection of\nthe public health or the environment, in which case two days' written\nnotice shall be sufficient;\n  b. to implement the investigation and/or remediation of contamination\nand/or environmental media; provided that no such work may be undertaken\nuntil after a minimum of ten days' written notice thereof shall have\nbeen provided to the owner and operator and occupant of such property,\nif identifiable by reasonable efforts, unless the commissioner makes a\nwritten determination that such notice will not allow the protection of\nthe public health or the environment, in which case two days' written\nnotice shall be sufficient.\n  (i) If any designated officer or employee of the department or of a\nmunicipal corporation, or any agent, consultant, or contractor of the\ndepartment or of a municipal corporation, or any other person, including\nan employee, agent, consultant or contractor of a responsible person\nacting at the direction of the department obtains any samples prior to\nleaving the premises they shall give to the owner a receipt describing\nthe sample obtained and, if requested, a portion of such sample equal in\nvolume or weight to the portion retained. If any analysis is made of\nsuch samples, a copy of the results of such analysis shall be furnished\npromptly to the owner. Upon the completion of all sampling or subsequent\nremediation activities, the department shall remove, or cause to be\nremoved, all equipment and well machinery and return the ground surface\nof the property to its condition prior to such sampling unless the\ndepartment and the owner of the property shall agree otherwise.\n  (ii) the expense of any such sampling and analysis shall be paid by\nthe department, but may be recovered from any responsible person in any\naction or proceeding brought pursuant to this title or common law.\n  c. to inspect for compliance with the site management plan approved by\nthe department, including (i) inspection of the performance of\nmaintenance, monitoring and operational activities required as part of\nthe remedial program for the site, (ii) inspection for the purpose of\nascertaining current uses of the site, and (iii) taking samples in\naccordance with paragraph (a) of this subdivision.\n  2. a. Require that any person furnish to the department, in a form and\nmanner as prescribed by the department, information relating to the\ncurrent and past contaminant generation, treatment, storage, disposal,\nand/or transportation activities of such person or any other person now\nor formerly under the control of such person; in the event such person\ncannot comply therewith, in whole or in part, such person shall furnish\nto the department information describing all efforts made by such person\nto comply therewith; any information so furnished to the department\nshall be considered a "written instrument" as defined in subdivision\nthree of section 175.00 of the penal law;\n  b. Require that any person permit a duly designated officer or\nemployee of the department at all reasonable times to have access to and\nto copy all books, papers, documents, and records relating to the\ncurrent and past contaminant generation, treatment, storage, disposal,\nand/or transportation activities of such person or any person now or\nformerly under the control of such person;\n  c. Require, by subpoena issued in the name of the department, the\nproduction of books, papers, documents, and other records, and the\nrendition of testimony by deposition under oath of any person relating\nto the current and past contaminant generation, treatment, storage,\ndisposal, and/or transportation activities of such person or any person\nnow or formerly under the control of such person; such subpoenas and\ndepositions shall be regulated by the civil practice law and rules; the\ncommissioner may invoke the powers of the supreme court of the state of\nNew York or any other court of competent jurisdiction to compel\ncompliance therewith.\n
N.Y. PBA Law § 1599-C — New York Code / Act PBA / Article 7 / Title 14 / Section 1599-C
City of Binghamton parking authority
Status: in_force

* § 1599-c. City of Binghamton parking authority. A board to be known\nas "City of Binghamton parking authority" is hereby created. Such board\nshall be a body corporate and politic, constituting a public benefit\ncorporation, and its existence shall commence upon the appointment of\nthe members as herein provided. It shall consist of a chairman,\nappointed by the mayor of the city of Binghamton, and four other\nmembers, who shall also be appointed by the mayor. The appointment of\nthe chairman shall be for a term of five years and of each of the other\nmembers for terms of one, two, three and four years from the first day\nof July, nineteen hundred sixty-nine. At the expiration of such terms,\nthe terms of office of their successors shall be five years so that the\nterm of office of one-fifth of such members shall expire on the\nthirtieth day of June in each year. Each member shall continue to serve\nuntil the appointment and qualification of his successor. Vacancies in\nsuch board occurring otherwise than by the expiration of such term,\nshall be filled for the unexpired term. The members of the board shall\nchoose from their number a vice-chairman. The mayor may remove any\nmember of the board for inefficiency, neglect of duty or misconduct in\noffice, giving him a copy of the charges against him and an opportunity\nof being heard in person, or by counsel, in his defense upon not less\nthan ten days' notice. The members of the board shall be entitled to no\ncompensation for their services but shall be entitled to reimbursement\nfor their actual and necessary expenses incurred in the performance of\ntheir official duties. The powers of the authority shall be vested in\nand exercised by a majority of the members of the board then in office.\nSuch board may delegate to one or more of its members or to its\nofficers, agents and employees such powers and duties as it may deem\nproper. Such board and its corporate existence shall continue only to\nthe thirty-first day of December, nineteen hundred ninety-nine, and\nthereafter until all its liabilities have been met and its bonds have\nbeen paid in full or such liabilities or bonds have otherwise been\ndischarged. Upon its ceasing to exist, all its rights and properties\nshall pass to the city.\n  * NB Authority ceased to exist 12/31/99\n  * NB There are 4 § 1599-c's\n
N.Y. PBA Law § 1599-J*4 — New York Code / Act PBA / Article 7 / Title 14*** / Section 1599-J*4
Notes of the authority
Status: in_force

* § 1599-j. Notes of the authority. The authority shall have power\nfrom time to time to issue notes and from time to time to issue renewal\nnotes (herein referred to as notes), maturing not later than five years\nfrom their respective original dates in an amount not exceeding at any\ntime the amount of bonds authorized by subdivision one of section\nfifteen hundred ninety-nine-i of this title minus the amount of bonds\noutstanding on the date of calculation, for any purpose or purposes for\nwhich bonds may be issued, whenever the authority shall determine that\npayment thereof can be made in full from any moneys or revenues which\nthe authority expects to receive from any source. Such notes may, among\nother things, be issued to provide funds to pay preliminary costs of\nsurveys, plans or other matters relating to any proposed project. The\nauthority may pledge such moneys or revenues (subject to any other\npledge thereof) for the payment of the notes and may in addition secure\nthe notes in the same manner and with the same effect as herein provided\nfor bonds. The notes shall be issued in the same manner as bonds. The\nauthority shall have power to make contracts for the future sale from\ntime to time of the notes, by which the purchasers shall be committed to\npurchase the notes from time to time on terms and conditions stated in\nsuch contracts, and the authority shall have power to pay such\nconsideration as it shall deem proper for such commitments. In case of\ndefault on its notes or violation of any of the obligations of the\nauthority to the noteholders, the noteholders shall have all the\nremedies provided herein for bondholders. Such notes shall be as fully\nnegotiable as the bonds of the authority.\n  * NB Authority ceased to exist 08/05/2002\n  * NB There are 4 § 1599-j's\n
N.Y. PBG Law § 417 — New York Code / Act PBG / Article 13 / Title 14 / Section 417
North Hempstead Housing Authority
Status: in_force

§ 417. North Hempstead Housing Authority.  A municipal housing\nauthority, to be known as the North Hempstead Housing Authority, is\nhereby created and established for the accomplishment of any or all of\nthe purposes specified in article eighteen of the constitution of the\nstate of New York. It shall constitute a body corporate and politic and\nconsist of five members who shall be qualified electors of the town of\nNorth Hempstead. It shall have the powers and duties now or hereafter\nconferred by this chapter upon municipal housing authorities. It shall\nbe organized in the manner prescribed by and subject to the provisions\nof this chapter, and the authority, its members, officers and employees\nand its operations and activities shall in all respects be governed by\nthe provisions of this chapter. The town board of the town of North\nHempstead may appropriate and pay over to the authority out of general\ntown funds and as a town charge a sum not to exceed ten thousand dollars\nfor purposes of organization, administration, investigation, planning\nand report. Such authority shall have perpetual duration; provided,\nhowever, that if on May first, nineteen hundred fifty-one, there shall\nbe outstanding no bonds or other obligations of such authority\ntheretofore issued for any of the purposes authorized in this chapter,\nthen its corporate existence shall thereupon terminate and such\nauthority shall thereupon be deemed to be and shall be dissolved.\n
N.Y. ENV Law § 27-1433 — New York Code / Act ENV / Article 27 / Title 14 / Section 27-1433
Waiver of interest or penalties or other charges on brownfield properties
Status: in_force

§ 27-1433. Waiver of interest or penalties or other charges on\n             brownfield properties.\n  Notwithstanding any provision of law to the contrary, the governing\nbody of any tax district shall be authorized, by resolution, to permit\nthe enforcing officer to effect the cancellation in whole or in part of\nany interest, penalties or other charges on real property where such\nreal property is subject to the brownfield site clean-up agreement\nentered into by a volunteer pursuant to section 27-1409 of this title.\nProvided, however, that in cases where such interest, penalties, or\nother charges, if collected by a tax district, belong to a municipal\ncorporation within such tax district, no reduction or remission in whole\nor in part of such interest, penalties, or other charges shall be made\nwithout the consent of the municipal corporation affected, which consent\nmay be given by resolution adopted after a public hearing. Failure of\nsuch real property to receive a certificate of completion pursuant to\nsection 27-1419 of this title or revocation of such certificate shall be\ngrounds for revocation of any waiver of interest, penalties, or charges\ngranted pursuant to this section.\n
N.Y. PBA Law § 2065 — New York Code / Act PBA / Article 8 / Title 14 / Section 2065
Tax contract by the state
Status: in_force

* § 2065. Tax contract by the state. The state of New York covenants\nwith the purchasers and with all subsequent holders and transferees of\nbonds issued by the authority pursuant to this title, in consideration\nof the acceptance of and payment for the bonds, that the bonds of the\nauthority issued pursuant to this title and the income therefrom, and\nall moneys, funds and revenues pledged to pay or secure the payment of\nsuch bonds, shall at all times be free from taxation except for transfer\nand estate taxes.\n  * NB Authority dissolved September 1, 1977\n
N.Y. ENV Law § 27-1407 — New York Code / Act ENV / Article 27 / Title 14 / Section 27-1407
Request for participation
Status: in_force

§ 27-1407. Request for participation.\n  1. A person who seeks to participate in this program shall submit a\nrequest to the department on a form provided by the department. Such\nform shall include information to be determined by the department\nsufficient to allow the department to determine eligibility and the\ncurrent, intended and reasonably anticipated future land use of the site\npursuant to section 27-1415 of this title. Any such person shall submit\nan investigation report sufficient to demonstrate that the site requires\nremediation in order to meet the remedial requirements of this title.\n  1-a. If the person is also seeking a determination that the site is\neligible for the tangible property credit component of the brownfield\nredevelopment tax credit pursuant to paragraph three of subdivision (a)\nof section twenty-one of the tax law for a site located in a city having\na population of one million or more, such person shall submit\ninformation sufficient to demonstrate that: (a) at least half of the\nsite area is located in an environmental zone as defined in section\ntwenty-one of the tax law; (b) the property is upside down or\nunderutilized; (c) the project is an affordable housing project; (d) the\nproject is within a disadvantaged community, within a designated\nbrownfield opportunity area, and meets the conformance determinations\npursuant to subdivision ten of section nine hundred seventy-r of the\ngeneral municipal law; or (e) the project is being developed as a\nrenewable energy facility site. An applicant may request an eligibility\ndetermination for tangible property credits at any time from application\nuntil the site receives a certificate of completion pursuant to section\n27-1419 of this title except for sites seeking eligibility under the\nunderutilized category.\n  Sites are not eligible for tangible property tax credits if: (a) the\ncontamination from ground water or soil vapor is solely emanating from\nproperty other than the site subject to the present application; or (b)\nthe department has determined that the property has previously been\nremediated pursuant to titles nine, thirteen and fourteen of this\narticle, title five of article fifty-six of this chapter and article\ntwelve of the navigation law such that it may be developed for its then\nintended use.\n  2. If the person chooses, such person may also submit a work plan for\na site investigation or a final report describing the results of an\ninvestigation that meets the requirements of this article.\n  3. The department shall notify the person requesting participation in\nthis program within thirty days after receiving such request that such\nrequest is either complete or incomplete. In the event the application\nis determined to be incomplete the department shall specify in writing\nthe missing necessary information required pursuant to this article to\ncomplete the application and shall have ten days after receipt of the\nmissing information to issue a written determination if the application\nis complete.\n  4. Upon the receipt of an application, the department shall notify the\nadministrator of the New York environmental protection and spill\ncompensation fund to determine whether such person has been identified\nas responsible for cleanup and removal costs for the discharge of\npetroleum at or emanating from the brownfield site for which the person\nis seeking participation and whether there is an outstanding claim\nagainst such person pursuant to article twelve of the navigation law.\nThe administrator shall notify the department and the person within\nthirty days of such notice of any outstanding claim by the fund against\nsuch person at the brownfield site for which the person is seeking\nparticipation.\n  5. Upon the determination that the application is complete, the\ndepartment shall commence a thirty day comment period and place a\nnotification of receipt of request to participate in this program in the\nenvironmental notice bulletin and provide newspaper notice. The\ndepartment shall also provide notice thereof in writing to the chief\nexecutive officer and zoning board of each county, city, town and\nvillage in which such brownfield site is located, residents on and/or\nadjacent to the site, the public water supplier which services the area\nin which such brownfield site is located, any person who has requested\nto be placed on the brownfield site contact list and the administrator\nof any school or day care facility located on and/or adjacent to the\nsite for the purposes of posting and/or dissemination at the facility.\nFor purposes of this section "water supplier" means any public water\nsystem as such term is defined for the purposes of the sanitary code of\nthe state of New York as authorized by section two hundred twenty-five\nof the public health law. Provided, however, that where the site or\nadjacent real property contains multiple dwelling units, the person\nshall work with the department to develop an alternative method for\nproviding such notice in lieu of mailing to each individual.\n  6. The department shall use all best efforts to expeditiously notify\nthe applicant within forty-five days after receiving a complete\napplication for participation that such request is either accepted or\nrejected, and, for any applicant seeking to receive the tangible\nproperty credit component of the brownfield redevelopment tax credit\npursuant to paragraph three of subdivision (a) of section twenty-one of\nthe tax law, shall concurrently notify the applicant whether the\ncriteria for receiving such component as set forth in subdivision one of\nthis section have been met.\n  7. In the event a final investigation report describing the results of\nan investigation that meets the requirements of this article was\nsubmitted with the application, the person shall establish a document\nrepository, notify individuals on the brownfield site contact list, and\nprovide for a thirty day comment period. Within sixty days after\nreceiving a person's application the commissioner shall inform the\nperson in writing that the investigation is complete or that the\ninvestigation is incomplete and specify the missing necessary\ninformation required pursuant to this article to complete the\ninvestigation and/or the final investigation report.\n  8. The department shall reject such request if:\n  (a) the department determines that the request is for real property\nwhich does not meet the requirements of a brownfield site as defined in\nthis title; or\n  (b) there is an action or proceeding relating to the brownfield site\nagainst the person who is requesting participation that is pending in\nany civil or criminal court in any jurisdiction, or before any state or\nfederal administrative agency or body, wherein the state or federal\ngovernment seeks the investigation, removal, or remediation of\ncontamination or penalties;\n  (c) there is an order providing for the investigation, removal, or\nremediation of contamination relating to the brownfield site against the\nperson who is requesting participation; or\n  (d) The person requesting participation is subject to an outstanding\nclaim as provided in subdivision four of this section.\n  9. The department may reject such request for participation if the\ndepartment determines that the public interest would not be served by\ngranting such request. The department shall consider factors, including\nbut not limited to, the following:\n  (a) The person has been determined in an administrative, civil or\ncriminal proceeding to have violated any provision of this article, any\nrelated order or determination of the commissioner, any regulation\npromulgated pursuant to this article, or any similar statute,\nregulation, order of the federal or other state government.\n  (b) The person has been denied entry into this program based upon one\nor more of the provisions of this subdivision, or a similar provision of\nfederal or other state law.\n  (c) The person has been found in a civil proceeding to have committed\na negligent or intentionally tortious act, or has been convicted in a\ncriminal proceeding of a criminal act involving the handling, storing,\ntreating, disposing or transporting of contaminants.\n  (d) The person has been convicted of a criminal offense under the laws\nof any state or of the United States which involves a violent felony\noffense, fraud, bribery, perjury, theft, or an offense against public\nadministration as that term is used in article one hundred ninety-five\nof the penal law.\n  (e) The person has in any matter within the jurisdiction of the\ndepartment knowingly falsified or concealed a material fact or knowingly\nsubmitted a false statement or made use of or made a false statement on\nor in connection with any document or application submitted to the\ndepartment.\n  (f) The person is either:\n  (1) an individual who had a substantial interest in or acted as a high\nmanagerial agent or director for any corporation, partnership,\nassociation or organization which committed an act or failed to act, and\nsuch act or failure to act could be the basis for the denial of a\nrequest for participation pursuant to this section or regulations\npromulgated thereunder if such corporation, partnership, association or\norganization submitted a request under this title;\n  (2) a corporation, partnership, association, organization, or any\nprincipal thereof, or any person holding a substantial interest therein,\nwhich committed an act or failed to act, and such act or failure to act\ncould be the basis for the denial of a request for participation\npursuant to this section or regulations promulgated thereunder if such\ncorporation, partnership, association or organization submitted a\nrequest under this title; or\n  (3) a corporation, partnership, association or organization or any\nhigh managerial agent or director thereof, or any person holding a\nsubstantial interest therein, acting as high managerial agent or\ndirector for or holding a substantial interest in another corporation,\npartnership, association or organization which committed an act or\nfailed to act, and such act or failure to act could be the basis for the\ndenial of a request for a participation pursuant to this section or\nregulations promulgated thereunder had such other corporation,\npartnership, association or organization submitted a request under this\ntitle.\n  (g) The person's participation in any remedial program under the\ndepartment's oversight was terminated by the department or by a court\nfor failure to substantially comply with an agreement or order.\n  For the purposes of this subdivision, "high managerial agent" has the\nsame meaning as is given that term in section 20.20 of the penal law,\nand "substantial interest" shall be defined in regulations promulgated\nby the commissioner.\n
N.Y. ENV Law § 17-1401 — New York Code / Act ENV / Article 17 / Title 14 / Section 17-1401
Purpose
Status: in_force

§ 17-1401. Purpose.\n  It is the purpose of this title to safeguard the waters of the state\nfrom nonpoint source pollution by controlling and abating new and\nexisting sources of nonpoint source pollution.\n
N.Y. PBA Law § 1599-Q*3 — New York Code / Act PBA / Article 7 / Title 14** / Section 1599-Q*3
Termination of the authority
Status: in_force

* § 1599-q. Termination of the authority. Whenever all of the bonds\nissued by the authority shall have been redeemed or cancelled, the\nauthority shall cease to exist and all rights, titles, and interest and\nall obligations and liabilities thereof vested in or possessed by the\nauthority shall thereupon vest in and be possessed by the city of\nNiagara Falls.\n  * NB Authority ceased to exist 07/01/1974\n  * NB There are 4 § 1599-q's\n
N.Y. PBA Law § 1599-F — New York Code / Act PBA / Article 7 / Title 14 / Section 1599-F
Conveyance of property by the city to the authority; acquisition of property by the city or by the authority
Status: in_force

* § 1599-f. Conveyance of property by the city to the authority;\nacquisition of property by the city or by the authority. 1. The city\nmay, by ordinance or ordinances or resolutions of the common council or\nby instruments authorized by such ordinances, convey, with or without\nconsideration, to the authority real and personal property owned by the\ncity for use by the authority as a project or projects or a part\nthereof. In the case of real property so conveyed, the title thereto\nshall remain in the city but the authority shall have the use and\noccupancy thereof for so long as its corporate existence shall continue.\nIn the case of personal property so conveyed, the title shall pass to\nthe authority.\n  2. The city may acquire by purchase or condemnation real property in\nthe name of the city for any of the projects or for the widening of\nexisting roads, streets, parkways, avenues or highways or for new roads,\nstreets, parkways, avenues or highways to any of the projects, or partly\nfor such purposes and partly for other city purposes, by purchase or\ncondemnation in the manner provided by law for the acquisition of real\nproperty by the city. The city may close such streets, roads, parkways,\navenues, or highways as may be necessary or convenient.\n  3. Contracts may be entered into between the city and the authority\nproviding for the property to be conveyed by the city to the authority,\nthe additional property to be acquired by the city and so conveyed, the\nstreets, roads, parkways, avenues, and highways to be closed by the city\nand the amounts, terms and conditions of payment to be made by the\nauthority. Such contracts may also contain covenants by the city as to\nthe road, street, parkway, avenue and highway improvements to be made by\nthe city. Any such contracts between the city and the authority may be\npledged by the authority to secure its bonds and may not be modified\nthereafter except as provided by the terms of the pledge. The common\ncouncil may authorize such contracts between the city and the authority\nand no other authorization on the part of the city for such contracts\nshall be necessary. Any such contracts may be so authorized and entered\ninto by the city and in such manner as the common council may determine,\nand the payments required to be made by the city may be made and\nfinanced notwithstanding that no provision therefor shall have first\nbeen made in the capital budget of the city. All contractual or other\nobligations of the city incurred in carrying out the provisions of this\ntitle shall be included in and provided for by each capital budget of\nthe city thereafter made, if and to the extent that they may\nappropriately be included therein.\n  4. The authority may itself acquire real property for a project in the\nname of the city at the cost and expense of the authority by purchase or\ncondemnation pursuant to the condemnation law or pursuant to the laws\nrelating to the condemnation of land by the city. The authority shall\nhave the use and occupancy of such real property so long as its\ncorporate existence shall continue.\n  5. In case the authority shall have the use and occupancy of any real\nproperty which it shall determine is no longer required for a project\nthen, if such real property was acquired at the cost and expense of the\ncity, the authority shall have power to surrender its use and occupancy\nthereof to the city, or, if such real property was acquired at the cost\nand expense of the authority, then the authority shall have power to\nsell, lease or otherwise dispose of said real property and shall retain\nand have the power to use the proceeds of sale, rentals or other moneys\nderived from the disposition thereof for its purposes.\n  * NB Authority ceased to exist 12/31/99\n  * NB There are 4 § 1599-f's\n
N.Y. PBA Law § 1599-D — New York Code / Act PBA / Article 7 / Title 14 / Section 1599-D
Purpose and powers of the authority
Status: in_force

* § 1599-d. Purpose and powers of the authority. The purpose of the\nauthority shall be to construct, operate and maintain one or more\nprojects in the city. To carry out said purpose, the authority shall\nhave power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, hold and dispose of personal property for its corporate\npurposes, including the power to purchase prospective or tentative\nawards in connection with the condemnation of real property;\n  4. To acquire in the name of the city by purchase or condemnation, and\nuse real property necessary or convenient. All real property acquired by\ncondemnation by the authority shall be acquired in the manner provided\nin the condemnation law or in the manner provided by law for the\ncondemnation of land by the city;\n  5. To make by-laws for the management and regulation of its affairs,\nand, subject to agreements with bondholders, for the regulation of the\nproject;\n  6. With the consent of the city to use agents, employees, and\nfacilities of the city, including the corporation counsel, paying to the\ncity its agreed proportion of the compensation or costs;\n  7. To appoint officers, agents and employees, to prescribe their\nqualifications and to fix their compensation; subject, however, to the\nprovisions of the civil service law, as hereinafter provided;\n  8. To make contracts and leases, and to execute all instruments\nnecessary or convenient;\n  9. To construct such buildings, structures and facilities as may be\nnecessary or convenient;\n  10. To reconstruct, improve, maintain and operate the projects;\n  11. To accept grants, loans or contributions from the United States,\nthe state of New York, or any agency or instrumentality of either of\nthem, or the city, and to expend the proceeds for any purposes of the\nauthority;\n  12. To fix and collect rentals, fees and other charges for the use of\nthe projects or any of them subject to and in accordance with such\nagreements with bondholders as may be made as hereinafter provided;\n  13. To construct, operate or maintain in the projects all facilities\nnecessary or convenient in connection therewith; and to contract for the\nconstruction, operation or maintenance of any parts thereof or for\nservices to be performed; to rent parts thereof, and grant concessions,\nall on such terms and conditions as it may determine; provided, however,\nthat neither the authority, the city of Binghamton, or any agency of the\nauthority or city, or any other person, firm or corporation shall,\nwithin or on any property comprising a part of any project authorized by\nthis title, sell, dispense or otherwise handle any product used in or\nfor the servicing of any motor vehicle using any project or facility\nauthorized by this title, and provided further that the location of\nsites of the projects shall be subject to the prior advice of the\nplanning board of the city.\n  * NB Authority ceased to exist 12/31/99\n  * NB There are 4 § 1599-d's\n
N.Y. PBA Law § 1599-R — New York Code / Act PBA / Article 7 / Title 14 / Section 1599-R
Title not affected if in part unconstitutional or ineffective
Status: in_force

* § 1599-r. Title not affected if in part unconstitutional or\nineffective. If any section, clause or provision of this title shall be\nunconstitutional or be ineffective in whole or in part, to the extent\nthat it is not unconstitutional or ineffective, it shall be valid and\neffective and no other section, clause or provision shall on account\nthereof be deemed invalid or ineffective.\n  * NB Authority ceased to exist 12/31/99\n  * NB There are 4 § 1599-r's\n
N.Y. ENV Law § 27-1419 — New York Code / Act ENV / Article 27 / Title 14 / Section 27-1419
Certification of completion
Status: in_force

§ 27-1419. Certification of completion.\n  1. Upon certification by the applicant that the remediation\nrequirements of this title have been or will be achieved in accordance\nwith the schedules provided in reports submitted to the department on\nthe remedial work plan for the brownfield site, such applicant shall\nsubmit to the department a final engineering report prepared by an\nindividual licensed or otherwise authorized in accordance with article\none hundred forty-five of the education law to practice the profession\nof engineering.\n  2. A final engineering report shall include, at a minimum:\n  (a) a description of the remediation activities completed pursuant to\nthe remedial work plan and any interim remedial measures for the\nbrownfield site;\n  (b) a certification that the data submitted to the department\ndemonstrates that the remediation requirements set forth in the remedial\nwork plan and any other relevant provisions of this title have been or\nwill be achieved in accordance with the timeframes, if any, established\nin such work plan;\n  (c) the boundaries of the real property that is subject to a\nbrownfield site cleanup agreement;\n  (d) a complete description of any institutional and/or engineering\ncontrols employed at the site, including the mechanisms that will be\nused to continually implement, maintain, monitor, and enforce such\ncontrols both by the applicant, the applicant's successors and assigns,\nand by state or local government;\n  (e) a certification that any use restrictions, institutional controls,\nengineering controls and/or any operation and maintenance requirements\napplicable to the site are contained in an environmental easement\ncreated and recorded pursuant to title thirty-six of article seventy-one\nof this chapter and that any affected local governments, as defined in\ntitle thirty-six of article seventy-one of this chapter have been\nnotified that such easement has been recorded;\n  (f) a certification that an operation and maintenance plan has been\nsubmitted by the applicant for the continual and proper operation,\nmaintenance, and monitoring of any engineering controls employed at the\nsite including the proper maintenance of any remaining monitoring wells,\nand that such plan has been approved by the department; and\n  (g) a certification that any financial assurance mechanisms required\nby the department pursuant to this title have been executed.\n  3. Upon receipt of the final engineering report, the department shall\nreview such report and the data submitted pursuant to the brownfield\nsite cleanup agreement as well as any other relevant information\nregarding the brownfield site. Upon satisfaction of the commissioner\nthat the remediation requirements set forth in this title have been or\nwill be achieved in accordance with the timeframes, if any, established\nin the remedial work plan, the commissioner shall issue a written\ncertificate of completion. The certificate shall include such\ninformation as determined by the department of taxation and finance,\nincluding but not limited to the brownfield site boundaries included in\nthe final engineering report, the date of the brownfield site cleanup\nagreement, and the applicable percentages available as of the date of\nthe certificate of completion for that site for purposes of section\ntwenty-one of the tax law. For those sites for which the department has\nissued a notice to the applicant on or after July first, two thousand\nfifteen or the date of publication in the state register of proposed\nregulations defining "underutilized" as provided in subdivision thirty\nof section 27-1405 of this title, whichever shall be later, that its\nrequest for participation has been accepted under subdivision six of\nsection 27-1407 of this title, the tangible property credit component of\nthe brownfield redevelopment tax credit pursuant to paragraph three of\nsubdivision (a) of section twenty-one of the tax law shall only be\navailable to the taxpayer if the criteria for receiving such tax\ncomponent have been met. For those sites for which the department has\nissued a notice to the taxpayer after June twenty-third, two thousand\neight that its request for participation has been accepted under\nsubdivision six of section 27-1407 of this title, the applicable\npercentage for the site preparation credit component pursuant to\nparagraph two of subdivision (a) of section twenty-one of the tax law,\nand the on-site groundwater remediation credit component pursuant to\nparagraph four of subdivision (a) of section twenty-one of the tax law\nshall be based on the level of cleanup achieved pursuant to subdivision\nfour of section 27-1415 of this title and the level of cleanup of soils\nto contaminant-specific soil cleanup objectives promulgated pursuant to\nsubdivision six of section 27-1415 of this title, up to a maximum of\nfifty percent, as follows:\n  (a) soil cleanup for unrestricted use, the protection of groundwater\nor the protection of ecological resources, the applicable percentage\nshall be fifty percent;\n  (b) soil cleanup for residential use, the applicable percentage shall\nbe forty percent, except for Track 4 which shall be twenty-eight\npercent;\n  (c) soil cleanup for commercial use, the applicable percentage shall\nbe thirty-three percent, except for Track 4 which shall be twenty-five\npercent;\n  (d) soil cleanup for industrial use, the applicable percentage shall\nbe twenty-seven percent, except for Track 4 which shall be twenty-two\npercent.\n  4. The commissioner shall not issue a certificate of completion to any\napplicant who has been identified by the administrator of the New York\nenvironmental protection and spill compensation fund pursuant to\nsubdivision four of section 27-1407 of this title as a person\nresponsible for the cleanup and removal costs for the discharge of\npetroleum at or emanating from the brownfield site for which the\napplicant is seeking a certificate of completion where the applicant has\nnot resolved any outstanding claim at such site pursuant to article\ntwelve of the navigation law.\n  5. A certificate of completion issued pursuant to this section may be\ntransferred by the applicant or subsequent holder of the certificate of\ncompletion to a successor to a real property interest, including legal\ntitle, equitable title or leasehold, in all or a part of the brownfield\nsite for which the certificate of completion was issued. Notwithstanding\nany provision of this chapter to the contrary, a certificate of\ncompletion shall not be transferred to a responsible party. Further, a\ncertificate of completion may be modified or revoked by the commissioner\nupon a finding that:\n  (a) Either the applicant, or the applicant's successors or assigns,\nhas failed to comply with the terms and conditions of the brownfield\nsite cleanup agreement;\n  (b) The applicant made a misrepresentation of a material fact tending\nto demonstrate that: (i) it was qualified as a volunteer; or (ii) met\nthe criteria set forth in subdivision one-a of section 27-1407 of this\ntitle for the purpose of receiving the tangible property credit\ncomponent of the brownfield redevelopment tax credit pursuant to\nparagraph three of subdivision (a) of section twenty-one of the tax law;\n  (c) Either the applicant, or the applicant's successors or assigns,\nmade a misrepresentation of a material fact tending to demonstrate that\nthe cleanup levels identified in the brownfield site cleanup agreement\nwere reached; or\n  (d) There is good cause for such modification or revocation.\n  6. Upon the commissioner's determination pursuant to subdivision three\nor five of this section, the commissioner shall provide the applicant\nwith notice of such determination and notice of the right to appeal such\ndetermination. The commissioner's determination shall be final unless a\nhearing is requested by certified mail sent to the commissioner within\nthirty days after receiving notice of such determination. After such\nhearing, the commissioner shall give notice of final determination to\nsuch applicant. The commissioner may promulgate regulations to\neffectuate the purposes of this section.\n  7. Nothing herein shall be construed as abrogating any powers or\nduties of the administrator of the New York environmental protection and\nspill compensation fund as provided in article twelve of the navigation\nlaw.\n  8. A notice of such certification of completion shall be recorded and\nindexed in the office of the recording officer for the county or\ncounties where such brownfield site is located in the manner prescribed\nby article nine of the real property law within thirty days of the\nissuance of the certificate of completion if the applicant is an owner\nor within thirty days of acquiring title to the brownfield site if the\nperson is a prospective purchaser.\n
N.Y. PBA Law § 1599-V — New York Code / Act PBA / Article 7 / Title 14*** / Section 1599-V
Inconsistent provisions in other acts superseded
Status: in_force

* § 1599-v. Inconsistent provisions in other acts superseded. Insofar\nas the provisions of this title are inconsistent with the provisions of\nany other act, general or special, or of any local law of the city, the\nprovisions of this title shall be controlling.\n  * NB Authority ceased to exist 08/05/2002\n
N.Y. PBA Law § 1599-G*3 — New York Code / Act PBA / Article 7 / Title 14** / Section 1599-G*3
Moneys of the authority
Status: in_force

* § 1599-g. Moneys of the authority. All moneys of the authority shall\nbe paid to the treasurer of the city as agent of the authority, who\nshall not commingle such moneys with any other moneys. Such moneys shall\nbe deposited in a separate bank account or accounts. The money in such\naccounts shall be paid out by the treasurer on requisition of the\nchairman of the authority or of such person or persons as the authority\nmay authorize to make such requisitions after audit by and upon the\nwarrant of the city comptroller. All deposits of such moneys shall, if\nrequired by the treasurer or the authority, be secured by obligations of\nthe United States or the state of New York of a market value equal at\nall times to the amount of the deposit, and all banks and trust\ncompanies are authorized to give such security for such deposits. The\ncomptroller and his legally authorized representative are authorized and\nempowered from time to time to examine the accounts and books of the\nauthority, including its receipts, disbursements, contracts, leases,\nsinking funds, investments and any other records and papers relating to\nits financial standing. The authority shall have power, notwithstanding\nthe provisions of this section, to contract with the holders of any of\nits bonds as to the custody, collection, securing, investment and\npayment of any moneys of the authority or any moneys held in trust or\notherwise for the payment of bonds or in any way to secure bonds, and to\ncarry out any such contract notwithstanding that such contract may be\ninconsistent with the previous provisions of this section. Moneys held\nin trust or otherwise for the payment of bonds or in any way to secure\nbonds and deposits of such moneys may be acquired in the same manner as\nmoneys of the authority, and all banks and trust companies are\nauthorized to give such security for such deposits. The account of the\nauthority shall be subject to the supervision of the state comptroller.\nThe authority shall render a complete annual account of its proceedings\nto the common council at its first regular meeting in January of each\nand every year.\n  * NB Authority ceased to exist 07/01/1974\n  * NB There are 4 § 1599-g's\n
N.Y. PBA Law § 1599-Q — New York Code / Act PBA / Article 7 / Title 14 / Section 1599-Q
Termination of the authority
Status: in_force

* § 1599-q. Termination of the authority. Whenever all of the bonds\nissued by the authority shall have been redeemed or canceled, and all\nits liabilities met or discharged, and the termination date of its\ncorporate existence as set forth in section fifteen hundred\nninety-nine-c of this title shall have been reached, the authority shall\ncease to exist and all rights, titles and interests and all obligations\nand liabilities thereof vested in or possessed by the authority shall\nthereupon vest in and be possessed by the city of Binghamton.\n  * NB Authority ceased to exist 12/31/99\n  * NB There are 4 § 1599-q's\n
N.Y. PBA Law § 1599-O*2 — New York Code / Act PBA / Article 7 / Title 14* / Section 1599-O*2
Tax contract by the state
Status: in_force

* § 1599-o. Tax contract by the state. The state of New York covenants\nwith the purchasers and with all subsequent holders and transferees of\nbonds or notes issued by the authority pursuant to this title, in\nconsideration of the acceptance of and payment for the bonds or notes,\nthat the bonds and notes of the authority issued pursuant to this title\nand the income therefrom, and all moneys, funds and revenues pledged to\npay or secure the payment of such bonds or notes shall at all times be\nfree from taxation except for estate taxes and taxes on transfers by or\nin contemplation of death.\n  * NB Authority terminated 07/01/1974\n  * NB There are 4 § 1599-o's\n
N.Y. PBA Law § 2059 — New York Code / Act PBA / Article 8 / Title 14 / Section 2059
Bonds of the authority
Status: in_force

* § 2059. Bonds of the authority. a. The authority shall have the\npower and is hereby authorized from time to time to issue its negotiable\nbonds in conformity with applicable provisions of the uniform commercial\ncode for its corporate purposes in the aggregate principal amount of not\nexceeding one million dollars. The authority shall have power from time\nto time and whenever it deems refunding expedient, to refund any bonds\nby the issuance of new bonds, whether the bonds to be refunded have or\nhave not matured, and may issue bonds partly to refund bonds then\noutstanding and partly for any other purpose hereinabove described. In\ncomputing the total amount of bonds of the authority which may at any\ntime be outstanding the amount of the outstanding bonds to be refunded\nfrom the proceeds of the sale of new bonds or by exchange for new bonds\nshall be excluded. Except as may otherwise be expressly provided by the\nauthority, the bonds of every issue shall be general obligations of the\nauthority payable out of any moneys or revenues of the authority,\nsubject only to any agreements with the holders of particular bonds\npledging any particular moneys or revenues.\n  b. The bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times, not exceeding\nthirty years from their respective dates, bear interest at such rate or\nrates, not exceeding five per centum per annum payable annually or\nsemi-annually, be in such denominations, be in such form, either coupon\nor registered, carry such registration privileges, be executed in such\nmanner, be payable in lawful money of the United States of America at\nsuch place or places, and be subject to such terms of redemption prior\nto maturity, at par or a price not exceeding one hundred five per centum\nof the face value, as such resolution or resolutions may provide. The\nbonds of the authority may be sold at public or private sale. The bonds\nshall be sold for a price not less than ninety-eight per centum of the\npar value thereof, plus accrued interest, provided always that the\ninterest cost on such bonds shall not exceed five per centum per annum.\n  c. Any resolution or resolutions authorizing any bonds or any issue of\nbonds may contain provisions, which shall be a part of the contract with\nthe holders of the bonds thereby authorized, as to\n  (1) pledging all or any part of the revenues of the project to secure\nthe payment of the bonds, subject to such agreements with bondholders as\nmay then exist;\n  (2) the rentals, fees and other charges to be charged, and the amounts\nto be raised in each year thereby, and the use and disposition of the\nrevenues;\n  (3) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (4) limitations on the right of the authority to restrict and regulate\nthe use of the project;\n  (5) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or of any\nissue of the bonds;\n  (6) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured: the refunding of\noutstanding or other bonds;\n  (7) 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  (8) limitations on the amount of moneys derived from the project to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (9) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine which may include any or\nall of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section seventeen hereof and limiting or\nabrogating the right of the bondholders to appoint a trustee under said\nsection or limiting the rights, duties and powers of such trustee;\n  (10) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n  d. It is the intention hereof that any pledge of revenues or other\nmoneys made by the authority shall be valid and binding from the time\nwhen the pledge is made; that the revenues or other moneys so pledged\nand thereafter received by the authority shall immediately be subject to\nthe lien of such pledge without any physical delivery thereof or further\nact; and that the lien of any such pledge shall be valid and binding as\nagainst all parties having claims of any kind in tort, contract or\notherwise against the authority irrespective of whether such parties\nhave notice thereof. Neither the resolution nor any other instrument by\nwhich a pledge is created need be recorded.\n  e. Neither the members of the authority nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  f. The authority shall have power out of any funds available therefor\nto purchase bonds. The authority shall cancel such bonds.\n  * NB Authority dissolved September 1, 1977\n
N.Y. PBA Law § 1599-G*4 — New York Code / Act PBA / Article 7 / Title 14*** / Section 1599-G*4
Construction and purchase contracts
Status: in_force

* § 1599-g. Construction and purchase contracts. The authority shall\nlet contracts for construction in the same manner as is provided by law\nfor contracts of the city, except that where the estimated expense of a\ncontract does not exceed five thousand dollars, such contracts may be\nentered into without public letting. Nothing in this section shall be\nconstrued to limit the power of the authority to do any construction\ndirectly by the officers, agents and employees of the authority.\nContracts for the purchase of supplies, material and equipment shall be\nlet in the same manner as is provided in this section. If the authority\nshall deem it in the public interest or necessary or desirable to\neffectuate the purposes of this chapter or the economy and efficiency in\nconstruction and operation of a project, the authority by majority vote\nof its members may either reject all bids or readvertise for bids or by\ntwo-thirds vote of its members may accept a bid other than the lowest\nbid; provided however that the reasons for any such vote shall be stated\nin the authority's official minutes.\n  * NB Authority ceased to exist 08/05/2002\n  * NB There are 4 § 1599-g's\n
N.Y. ENV Law § 27-1429 — New York Code / Act ENV / Article 27 / Title 14 / Section 27-1429
Permit waivers
Status: in_force

§ 27-1429. Permit waivers.\n  The department, by and through the commissioner, shall be exempt for\nactivities conducted pursuant to subdivision five of section 27-1411 of\nthis title and shall be authorized to exempt a person from the\nrequirement to obtain any state or local permit or other authorization\nfor any activity needed to implement a program for the investigation\nand/or remediation of contamination at or emanating from a brownfield\nsite; provided that the activity is conducted in a manner which\nsatisfies all substantive technical requirements applicable to like\nactivity conducted pursuant to a permit.\n