N.Y. PBA Law § 1299-KK — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-KK
Notes and bonds of the authority
Status: in_force

§ 1299-kk. Notes and bonds of the authority. 1. (a) The authority\nshall have power and is hereby authorized from time to time to borrow\nmoney and issue its negotiable bonds and notes in such principal amount,\nas, in the opinion of the authority, shall be necessary to provide\nsufficient funds for achieving its purposes, including the acquisition,\nestablishment, construction, effectuation, operation, maintenance,\nrenovation, improvement, extension or repair of any transportation\nfacility, the payment of interest on bonds and notes of the authority,\nestablishment of reserves to secure such bonds and notes, the provision\nof working capital and all other expenditures of the authority and its\nsubsidiary corporations incident to and necessary or convenient to carry\nout their purposes and powers;\n  (b) The authority shall have power, from time to time, to issue\nrenewal notes, to issue bonds to pay notes and whenever it deems\nrefunding expedient, to refund any bonds by the issuance of new bonds,\nwhether the bonds to be refunded have or have not matured, and to issue\nbonds partly to refund bonds then outstanding and partly for any other\npurpose. The refunding bonds shall be sold and the proceeds applied to\nthe purchase, redemption or payment of the bonds to be refunded;\n  (c) Except as may otherwise be expressly provided by the authority,\nevery issue of its notes or bonds shall be general obligations of the\nauthority payable out of any revenues or moneys of the authority,\nsubject only to any agreements with the holders of particular notes or\nbonds pledging any particular receipts or revenues;\n  (d) Whether or not the notes or bonds are of such form and character\nas to be negotiable instruments under article eight of the uniform\ncommercial code, the notes or bonds shall be and hereby are made\nnegotiable instruments within the meaning of and for all the purposes of\narticle eight of the uniform commercial code, subject only to the\nprovisions of the notes or bonds for registration.\n  2. The notes and bonds shall be authorized by resolution approved by\nnot less than a majority vote of the authority, shall bear such date or\ndates, and shall mature at such time or times, as specified therein, and\nin the case of any such bond not exceeding fifty years from the date of\nissue, as such resolution or resolutions may provide. The notes and\nbonds shall bear interest at such rate or rates, be in such\ndenominations, be in such form, either coupon or registered, carry such\nregistration privileges, be executed in such manner, be payable in such\nmedium of payment, at such place or places and be subject to such terms\nof redemption as such resolution or resolutions may provide. The notes\nand bonds of the authority may be sold by the authority, at public or\nprivate sale, at such price or prices as the authority shall determine.\nNo notes or bonds of the authority may be sold by the authority at\nprivate sale, however, unless such sale and the terms thereof have been\napproved in writing by (a) the comptroller, where such sale is not to\nthe comptroller, or (b) the director of the budget, where such sale is\nto the comptroller.\n  3. Any resolution or resolutions authorizing any notes or bonds or any\nissue thereof may contain provisions, which shall be a part of the\ncontract with the holders thereof, as to:\n  (a) pledging all or any part of the fares, tolls, rentals, rates,\ncharges and other fees made or received by the authority or any of its\nsubsidiary corporations, and other moneys received or to be received, to\nsecure the payment of the notes or bonds or of any issue thereof,\nsubject to such agreements with bondholders or noteholders as may then\nexist;\n  (b) pledging all or any part of the assets of the authority or of any\nof its subsidiary corporations to secure the payment of the notes or\nbonds or of any issue of notes or bonds, subject to such agreements with\nnoteholders or bondholders as may then exist;\n  (c) the use, and disposition of fares, tolls, rentals, rates, charges\nand other fees made or received by the authority or any of its\nsubsidiary corporations;\n  (d) the setting aside of reserves or sinking funds and the regulation\nand disposition thereof;\n  (e) limitations on the purpose to which the proceeds of sale of notes\nor bonds may be applied and pledging such proceeds to secure the payment\nof the notes or bonds or of any issue thereof;\n  (f) limitations on the issuance of additional notes or bonds; the\nterms upon which additional notes or bonds may be issued and secured;\nthe refunding of outstanding or other notes or bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nnoteholders or bondholders may be amended or abrogated, the amount of\nnotes or bonds the holders of which must consent thereto, and the manner\nin which such consent may be given;\n  (h) limitations on the amount of moneys to be expended by the\nauthority or any of its subsidiary corporations for operating,\nadministrative or other expenses of the authority or any of its\nsubsidiary corporations;\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 this title, and limiting or abrogating the right\nof the bondholders to appoint a trustee under this article or limiting\nthe rights, powers and duties of such trustee;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the notes or bonds.\n  4. In addition to the powers herein conferred upon the authority to\nsecure its notes and bonds, the authority shall have power in connection\nwith the issuance of notes and bonds to enter into such agreements as\nthe authority may deem necessary, convenient or desirable concerning the\nuse or disposition of its monies or property or the monies or property\nof any of its subsidiary corporations, including the mortgaging of any\nsuch property and the entrusting, pledging or creation of any other\nsecurity interest in any such monies or property and the doing of any\nact (including refraining from doing any act) which the authority would\nhave the right to do in the absence of such agreements. The authority\nshall have power to enter into amendments of any such agreements within\nthe powers granted to the authority by this title and to perform such\nagreements. The provisions of any such agreements may be made a part of\nthe contract with the holders of the notes and bonds of the authority.\n  5. It is the intention hereof that any pledge, mortgage or security\ninstrument made by the authority shall be valid and binding from the\ntime when the pledge, mortgage or security instrument is made; that the\nmonies or property so pledged, mortgaged and entrusted and thereafter\nreceived by the authority shall immediately be subject to the lien of\nsuch pledge, mortgage or security instrument without any physical\ndelivery thereof or further act; and that the lien of any such pledge,\nmortgage or security instrument shall be valid and binding as against\nall parties having claims of any kind in tort, contract or otherwise\nagainst the authority, irrespective of whether such parties have notice\nthereof. Neither the resolution nor any mortgage, security instrument or\nother instrument by which a pledge, mortgage lien or other security is\ncreated need be recorded or filed and the authority shall not be\nrequired to comply with any of the provisions of the uniform commercial\ncode.\n  6. Neither the members of the authority nor any person executing the\nnotes or bonds shall be liable personally on the notes or bonds or be\nsubject to any personal liability or accountability by reason of the\nissuance thereof.\n  7. The authority, subject to such agreements with noteholders or\nbondholders as may then exist, shall have power out of any funds\navailable therefor to purchase notes or bonds of the authority, which\nshall thereupon be cancelled, at a price not exceeding (a) if the notes\nor bonds are then redeemable, the redemption price then applicable plus\naccrued interest to the next interest payment date thereon, or (b) if\nthe notes or bonds are not then redeemable, the redemption price\napplicable on the first date after such purchase upon which the notes or\nbonds become subject to redemption plus accrued interest to such date.\n  8. The state shall not be liable on notes or bonds of the authority\nand such notes and bonds shall not be a debt of the state, and such\nnotes and bonds shall contain on the face thereof a statement to such\neffect.\n
N.Y. PBA Law § 1347 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1347
Separability
Status: in_force

§ 1347. Separability. If any provision of any section of this title or\nthe application thereof to any person or circumstance shall be adjudged\ninvalid by a court of competent jurisdiction, such order or judgment\nshall be confined in its operation to the controversy in which it was\nrendered, and shall not affect or invalidate the remainder of any\nprovision of any section of this title or the application of any part\nthereof to any other person or circumstance and to this end the\nprovisions of each section of this title are hereby declared to be\nseverable.\n
N.Y. PBA Law § 1332 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1332
Special powers of the authority
Status: in_force

§ 1332. Special powers of the authority. In order to effectuate the\npurposes of this title: 1. The authority may acquire, by purchase, gift,\ngrant, transfer, contract or lease, or condemnation, any transportation\nfacility, including port or related facilities wholly or partially\nwithin the transportation district or any part thereof, or the use\nthereof, and may enter into any joint service arrangements as\nhereinafter provided. Any such acquisition or joint service arrangement\nshall be authorized only by resolution of the authority approved by not\nless than a majority of the whole number of members of the authority\nthen in office.\n  2. The authority may on such terms and conditions as the authority may\ndetermine necessary, convenient or desirable itself establish,\nconstruct, effectuate, operate, maintain, renovate, improve, extend or\nrepair any such transportation facility, or may provide for such\nestablishment, construction, effectuation, operation, maintenance,\nrenovation, improvement, extension or repair by contract, lease, or\nother arrangement on such terms as the authority may deem necessary,\nconvenient or desirable with any person, including but not limited to\nany common carrier or freight forwarder, the state, any state agency,\nthe federal government, any other state or agency or instrumentality\nthereof, any public authority of this or any other state or any\npolitical subdivision or municipality of the state. In connection with\nthe operation of any such transportation facility, the authority may\nestablish, construct, effectuate, operate, maintain, renovate, improve,\nextend or repair or may provide by contract, lease or other arrangement\nfor the establishment, construction, effectuation, operation,\nmaintenance, renovation, improvement, extension or repair of any related\nservices and activities it deems necessary, convenient or desirable,\nincluding but not limited to the transportation and storage of freight\nand the United States mail, feeder and connecting transportation,\nparking areas, transportation centers, port, stations and related\nfacilities.\n  3. The authority may establish, levy and collect or cause to be\nestablished, levied and collected and, in the case of a joint service\narrangement, join with others in the establishment, levy and collection\nof such fares, tolls, rentals, rates, charges and other fees as it may\ndeem necessary, convenient or desirable for the use and operation of any\ntransportation facility and related services operated by the authority\nor by a subsidiary corporation of the authority or under contract, lease\nor other arrangement, including joint service arrangements, with the\nauthority. Any such fares, tolls, rentals, rates, charges or other fees\nfor the transportation of passengers shall be established and changed\nonly if approved by resolution of the authority adopted by not less than\na majority of the whole number of members of the authority then in\noffice and only after a public hearing, provided however, that fares,\ntolls, rentals, rates, charges or other fees for the transportation of\npassengers on any transportation facility which are in effect at the\ntime that the then owner of such transportation facility becomes a\nsubsidiary corporation of the authority or at the time that operation of\nsuch transportation facility is commenced by the authority or is\ncommenced under contract, lease or other arrangement including joint\nservice arrangements, with the authority may be continued in effect\nwithout such a hearing. Such fares, tolls, rentals, rates, charges and\nother fees shall be established as may in the judgment of the authority\nbe necessary to maintain the combined operations of the authority and\nits subsidiary corporations on a self-sustaining basis. The said\noperations shall be deemed to be on a self-sustaining basis as required\nby this title, when the authority is able to pay or cause to be paid\nfrom revenue and any other funds or property actually available to the\nauthority and its subsidiary corporations (a) as the same shall become\ndue, the principal of and interest on the bonds and notes and other\nobligations of the authority and of such subsidiary corporations,\ntogether with the maintenance of proper reserves therefor, (b) the cost\nand expense of keeping the properties and assets of the authority and\nits subsidiary corporations in good condition and repair, and (c) the\ncapital and operating expenses of the authority and its subsidiary\ncorporations. The authority may contract with the holders of bonds and\nnotes with respect to the exercise of the powers authorized by this\nsection.\n  4. The authority may establish and, in the case of joint service\narrangements, join with others in the establishment of such schedules\nand standards of operations and such other rules and regulations\nincluding but not limited to rules and regulations governing the conduct\nand safety of the public as it may deem necessary, convenient or\ndesirable for the use and operation of any transportation facility and\nrelated services operated by the authority or under contract, lease or\nother arrangement, including joint service arrangements, with the\nauthority. Such rules and regulations governing the conduct and safety\nof the public shall be filed with the department of state in the manner\nprovided by section one hundred two of the executive law. In the case of\nany conflict between any such rule or regulation of the authority\ngoverning the conduct or safety of the public and any local law,\nordinance, rule or regulation, such rule or regulation of the authority\nshall prevail. Violation of any such rule or regulation of the authority\ngoverning the conduct or the safety of the public in or upon any\nfacility of the authority shall constitute an offense and shall be\npunishable by fine not exceeding fifty dollars or imprisonment for not\nmore than thirty days or both.\n  5. The authority may acquire, hold, own, lease, establish, construct,\neffectuate, operate, maintain, renovate, improve, extend or repair any\nof its facilities through, and cause any one or more of its powers,\nduties, functions or activities to be exercised or performed by, one or\nmore wholly owned subsidiary corporations of the authority and may\ntransfer to or from any such corporation any moneys, real property or\nother property for any of the purposes of this title. The directors or\nmembers of each such subsidiary corporation shall be the same persons\nholding the offices of members of the authority. Each such subsidiary\ncorporation and any of its property, functions and activities shall have\nall of the privileges, immunities, tax exemptions and other exemptions\nof the authority and of the authority's property, functions and\nactivities. Each such subsidiary corporation shall be subject to the\nrestrictions and limitations to which the authority may be subject.\nEach such subsidiary corporation shall be subject to suit in accordance\nwith section thirteen hundred forty-one of this title. The employees of\nany such subsidiary corporation, except those who are also employees of\nthe authority, shall not be deemed employees of the authority.\n  If the authority shall determine that one or more of its subsidiary\ncorporations should be in the form of a public benefit corporation, it\nshall create each such public benefit corporation by executing and\nfiling with the secretary of state a certificate of incorporation, which\nmay be amended from time to time by filing, which shall set forth the\nname of such public benefit subsidiary corporation, its duration, the\nlocation of its principal office, and any or all of the purposes of\nacquiring, owning, leasing, establishing, constructing, effectuating,\noperating, maintaining, renovating, improving, extending or repairing\none or more facilities of the authority. Each such public benefit\nsubsidiary corporation shall be a body politic and corporate and shall\nhave all those powers vested in the authority by the provisions of this\ntitle which the authority shall determine to include in its certificate\nof incorporation except the power to contract indebtedness.\n  Whenever any state, political subdivision, municipality, commission,\nagency, officer, department, board, division or person is authorized and\nempowered for any of the purposes of this title to cooperate and enter\ninto agreements with the authority such state, political subdivision,\nmunicipality, commission, agency, officer, department, board, division\nor person shall have the same authorization and power for any of such\npurposes to cooperate and enter into agreements with a subsidiary\ncorporation of the authority.\n  6. The authority, in its own name or in the name of the state, may\napply for and receive and accept grants of property, money, services and\nother assistance offered or made available to it by any person,\ngovernment or agency whatever, which it may use to meet capital or\noperating expenses and for any other use within the scope of its powers,\nand to negotiate for the same upon such terms and conditions as the\nauthority may determine to be necessary, convenient or desirable.  In no\nevent, however, shall the authority submit to the United States or to\nthe state of New York, or any agency or instrumentality of them, an\napplication for a federal or state project unless the application shall\nhave been first approved by the commissioner as being part of or\nconsistent with such statewide plan, regional plan or transportation\ndevelopment policy and planning concept.\n  7. The authority may do all things it deems necessary, convenient or\ndesirable to manage, control and direct the maintenance and operation of\ntransportation facilities, equipment or real property operated by or\nunder contract, lease or other arrangement with the authority. Except as\nhereinafter specially provided, no municipality or political\nsubdivision, including but not limited to a county, city, village, town\nor school or other district shall have jurisdiction over any facilities\nof the authority or any of its activities or operations.  In the\noperation, maintenance and control of any facilities devoted to purposes\nother than direct transportation purposes, the authority shall be\nsubject to all local laws, resolutions, ordinances, rules and\nregulations of a municipality or political subdivision. Each\nmunicipality or political subdivision, including but not limited to a\ncounty, city, village, town or district in which any facilities of the\nauthority are located shall provide for such facilities police, fire and\nhealth protection services of the same character and to the same extent\nas those provided for residents of such municipality or political\nsubdivision.\n  The authority may agree with the state department of transportation\nfor the execution by such department of any grade crossing elimination\nproject or any grade crossing separation reconstruction project along\nany railroad facility operated by the authority or by one of its\nsubsidiary corporations or under contract, lease or other arrangement\nwith the authority. Any such project shall be executed as provided in\nthe grade crossing elimination act and the railroad law, respectively,\nand the costs of any such project shall be borne as provided in such\nlaws.\n  8. The authority may accept unconditional grants of money or property\nas subsidy payments for expansion of service into areas where such\nservice would not be self-supporting. The authority may accept\nunconditional grants of money or property from any city, village, town\nor county not wholly contained within a city the whole or any part of\nwhich shall be served or to be served by a transportation facility\noperated by the authority. Such grants of money or property would be for\nthe purpose of assisting the authority in meeting its capital or\noperating expenses. The acceptance of any such grant shall not operate\nto make the authority an agency of the municipality making the grant.\nThe provisions of this section are intended as enabling legislation only\nand shall not be interpreted as implying that absent their enactment an\nauthority would lack the power to accept such grant or subsidy.\n  9. Notwithstanding any of the above provisions, no project may be\nundertaken by the authority unless such project is a part of or\nconsistent with the action plan.\n
N.Y. PBA Law § 1299-BB — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-BB
Definitions
Status: in_force

§ 1299-bb. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" shall mean the corporation created by section twelve\nhundred ninety-nine-dd of this title.\n  2. "Transportation district" and "district" shall mean the\nRochester-Genesee regional transportation district created by section\ntwelve hundred ninety-nine-cc of this title.\n  3. "Participating county" shall mean any of the counties defined in\nsection twelve hundred ninety-nine-cc of this title.\n  4. "Federal government" shall mean the United States of America, and\nany officer, department, board, commission, bureau, division,\ncorporation, agency or instrumentality thereof.\n  5. "Governor" shall mean the governor of the state of New York.\n  6. "Comptroller" shall mean the comptroller of the state of New York.\n  7. "Director of the budget" shall mean the director of the budget of\nthe state of New York.\n  8. "State" shall mean the state of New York.\n  9. "State agency" shall mean any officer, department, board,\ncommission, bureau, division, public benefit corporation, agency or\ninstrumentality of the state.\n  10. "Municipality" shall mean a city, town, village or county not\nwholly contained within a city.\n  11. "Municipal corporation" shall mean a city, town, village, county\nnot wholly contained within a city, special transportation district,\npublic benefit corporation or other public corporation, or two or more\nof the foregoing acting jointly.\n  12. "Personal property" shall mean chattels and other tangible things\nof a movable or removable nature.\n  13. "Property" shall mean both real and personal property.\n  14. "Master plan" shall mean an action plan for implementation of\nimprovements to such means of public transportation and related services\nby omnibus, railroad and marine and aviation facilities as the authority\nmay contemplate within the Rochester-Genesee Regional Transportation\nDistrict to effectuate the purposes of this act.\n  15. "Joint service arrangement" shall mean agreements between or among\nthe authority and any common carrier or freight forwarder, the state,\nany state agency, the federal government, any other state or agency or\ninstrumentality thereof, any public authority of this or any other\nstate, or any political subdivision or municipality of the state,\nrelating to property, buildings, structures, facilities, services,\nrates, fares, classifications, divisions, allowances or charges\n(including charges between operators of railroad, omnibus, marine and\naviation facilities), or rules or regulations pertaining thereto, for or\nin connection with or incidental to transportation in part in or upon\nrailroad, omnibus, marine or aviation facilities located within the\ndistrict and in part in or upon railroad, omnibus, marine or aviation\nfacilities located outside the district.\n  16. "Project" shall mean any undertaking by the authority within the\ndistrict including but not limited to port or harbor facilities,\ntransportation properties, access and service roads and bridges,\nequipment, appurtenances, utilities, airport facilities and any other\nimprovement under authority jurisdiction within the regional district.\n  17. "Facility" shall mean, among other things, such properties,\nstructures, appurtenances, utilities, terminals, wharfs, docks, piers,\nrailroad trackage, warehouses, elevators, equipment for handling freight\nand passengers and vehicles and such other works, properties, buildings\nor allied items necessary or desirable in connection with development,\noperation, maintenance or improvement of port, airport and public\ntransportation needs for the accommodation, safety or comfort of the\npublic and commercial enterprise for the regional transportation\ndistrict.\n  18. "Equipment" shall mean rolling stock, omnibuses, vehicles, air,\nmarine or surface craft, motors, boilers, engines, and other\ninstrumentalities used or useful therefor or in connection therewith.\n  19. "Omnibus facilities" shall mean motor vehicles, of the type\noperated by carriers subject to the jurisdiction of the public service\ncommission, engaged in the transportation of passengers and their\nbaggage, express and mail between points within the district or pursuant\nto joint service arrangements, and equipment, property, buildings,\nstructures, improvements, loading or unloading areas, parking areas,\nberthing facilities or other facilities, necessary, convenient or\ndesirable for the accommodation of such motor vehicles or their\npassengers, including but not limited to buildings, structures and areas\nnotwithstanding that portions may not be devoted to any omnibus purpose\nother than the production of revenues available for the costs and\nexpenses of all or any facilities of the authority.\n  20. "Railroad facilities" shall mean right-of-way and related\ntrackage, rails, cars, locomotives, other rolling stock, signal, power,\nfuel, communication and ventilation systems, power plants, stations,\nterminals, storage yards, repair and maintenance shops, yards, equipment\nand parts, offices and other real estate or personalty used or held for\nor incidental to the operation, rehabilitation or improvement of any\nrailroad operating or to operate between points within the district or\npursuant to joint service arrangements, including but not limited to\nbuildings, structures, and areas notwithstanding that portions thereof\nmay not be devoted to any railroad purpose other than the production of\nrevenues available for the costs and expenses of all or any facilities\nof the authority.\n  21. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands under water, riparian rights and any\nand all things and rights included within said term and includes not\nonly fees simple absolute but also any and all lesser interests\nincluding but not limited to easements, rights of way, uses, leases,\nlicenses and all other incorporeal hereditaments and every estate,\ninterest or right, legal or equitable, including terms for years and\nliens thereon by way of judgments, mortgages or otherwise.\n  22. "Marine and aviation facilities" shall mean equipment and craft\nfor the transportation of passengers, mail and cargo between points from\nand to and within the district or pursuant to joint service\narrangements, by marine craft and aircraft of all types including but\nnot limited to hydrofoils, ferries, lighters, tugs, barges, helicopters,\namphibians, seaplanes or other contrivances now or hereafter used in\nnavigation or movement on waterways or in the navigation of or flight in\nairspace. It shall also mean any airport facility within the\ntransportation district, including but not limited to any facility or\nreal property necessary, convenient or desirable for the landing, taking\noff, accommodation or servicing of such aircraft, and shall include such\nfacilities, property, structures and appurtenances as may be necessary\nor convenient in the operation, maintenance, development or improvement\nof airports including facilities, property, structures, and\nappurtenances, leased by the Authority to persons, firms or corporations\nengaged in air transportation or the production or development of\nmaterials, goods or equipment for airports or air transportation or in\nproviding facilities for the accommodation, safety or comfort of the\ntraveling public and for purposes related or incidental to one or more\nof the foregoing purposes. It shall also mean port facilities in the\ntransportation district including, but not limited to, (a) one or more\ndocks, elevators, wharves, piers, bulkheads, slips, basins, harbors,\nrailroad connections, side tracks or sidings, freight terminals,\nwarehouses, bridges, tunnels, and areas for storage of cargoes,\nmaterials, goods, wares, and merchandise of any kind and for the\nloading, unloading, interchange or transfer of any such cargoes,\nmaterials, goods, wares and merchandise; (b) other buildings,\nstructures, facilities or improvements necessary to accommodate\nsteamships or other vessels and their cargoes or passengers; and (c) all\nreal and personal property, driveways, roads, approaches, mechanical\nequipment and all appurtenances and facilities either on, above or under\nthe ground which are necessary, convenient or desirable for the\ndevelopment, control and operation of port facilities in the\ntransportation district.\n  23. "Transportation facility" shall mean any railroad, omnibus, marine\nor aviation facility and any person, firm, partnership, association or\ncorporation which owns, leases or operates any such facility or any\nother facility used for service in the transportation of passengers,\nUnited States mail or personal property as a common carrier for hire and\nany portion thereof and the rights, leaseholds or other interest therein\ntogether with routes, tracks, extensions, connections, parking lots,\ngarages, warehouses, yards, storage yards, maintenance and repair shops,\nterminals, stations and other related facilities thereof, the devices,\nappurtenances, and equipment thereof and power plants and other\ninstrumentalities used or useful therefor or in connection therewith.\n  24. "Commissioner of transportation" shall mean commissioner of\ntransportation of the state of New York.\n  25. "Transit dependent individual" shall mean an individual who is\nlimited to public transit as their primary mode of transportation\nbecause the individual has a permanent disability.\n
N.Y. PBA Law § 1335 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1335
Notes and bonds of the authority
Status: in_force

§ 1335. Notes and bonds of the authority. 1. (a) The authority shall\nhave power and is hereby authorized from time to time to borrow money\nand issue its negotiable bonds and notes in such principal amount, as,\nin the opinion of the authority, shall be necessary to provide\nsufficient funds for achieving its purposes, including the acquisition,\nestablishment, construction, effectuation, operation, maintenance,\nrenovation, improvement, extension or repair of any transportation\nfacility, the payment of interest on bonds and notes of the authority,\nestablishment of reserves to secure such bonds and notes, the provision\nof working capital and all other expenditures of the authority and its\nsubsidiary corporations incident to and necessary or convenient to carry\nout their purposes and powers;\n  (b) The authority shall have power, from time to time, to issue\nrenewal notes, to issue bonds to pay notes and whenever it deems\nrefunding expedient, to refund any bonds by the issuance of new bonds,\nwhether the bonds to be refunded have or have not matured, and to issue\nbonds partly to refund bonds then outstanding and partly for any other\npurposes. The refunding bonds shall be sold and the proceeds applied to\nthe purchase, redemption or payment of the bonds to be refunded;\n  (c) Except as may otherwise be expressly provided by the authority,\nevery issue of its notes or bonds shall be general obligations of the\nauthority payable out of any revenues or moneys of the authority,\nsubject only to any agreements with the holders of particular notes or\nbonds pledging any particular receipts or revenues;\n  (d) Whether or not the notes or bonds are of such form and character\nas to be negotiable instruments under article eight of the uniform\ncommercial code, the notes or bonds shall be and hereby are made\nnegotiable instruments within the meaning of and for all the purposes of\narticle eight of the uniform commercial code, subject only to the\nprovisions of the notes or bonds for registration.\n  2. The notes and bonds shall be authorized by resolution approved by\nnot less than a majority of the whole number of members of the authority\nthen in office, shall bear such date or dates, and shall mature at such\ntime or times, as specified therein and in the case of any such bond not\nexceeding fifty years from the date of issue, as such resolution or\nresolutions may provide. The notes and bonds shall bear interest at such\nrate or rates, be in such denominations, be in such form, either coupon\nor registered, carry such registration privileges, be executed in such\nmanner, be payable in such medium of payment, at such place or places\nand be subject to such terms of redemption as such resolution or\nresolutions may provide. The notes and bonds of the authority may be\nsold by the authority, at public or private sale, at such price or\nprices as the authority shall determine. No notes or bonds of the\nauthority may be sold by the authority at private sale, however, unless\nsuch sale and the terms thereof have been approved in writing by (a) the\ncomptroller, where such sale is not to the comptroller, or (b) the\ndirector of the budget where such sale is to the comptroller.\n  3. Any resolution or resolutions authorizing any notes or bonds or any\nissue thereof may contain provisions, which shall be a part of the\ncontract with the holders thereof, as to:\n  (a) pledging all or any part of the fares, tolls, rentals, rates,\ncharges and other fees made or received by the authority or any of its\nsubsidiary corporations, and other moneys received or to be received, to\nsecure the payment of the notes or bonds or of any issue thereof,\nsubject to such agreements with bondholders or noteholders as may then\nexist;\n  (b) pledging all or any part of the assets of the authority or of any\nof its subsidiary corporations to secure the payment of the notes or\nbonds or of any issue of notes or bonds, subject to such agreements with\nnoteholders or bondholders as may then exist;\n  (c) the use, and disposition of fares, tolls, rentals, rates, charges\nand other fees made or received by the authority or any of its\nsubsidiary corporations;\n  (d) the setting aside of reserves or sinking funds and the regulation\nand disposition thereof;\n  (e) limitations on the purpose to which the proceeds of sale of notes\nor bonds may be applied and pledging such proceeds to secure the payment\nof the notes or bonds or of any issue thereof;\n  (f) limitations on the issuance of additional notes or bonds; the\nterms upon which additional notes or bonds may be issued and secured;\nthe refunding of outstanding or other notes or bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nnoteholders or bondholders may be amended or abrogated, the amount of\nnotes or bonds the holders of which must consent thereto, and the manner\nin which such consent may be given;\n  (h) limitations on the amount of moneys to be expended by the\nauthority or any of its subsidiary corporations for operating,\nadministrative or other expenses of the authority or any of its\nsubsidiary corporations;\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 this title, and limiting or abrogating the right\nof the bondholders to appoint a trustee under this article or limiting\nthe rights, powers and duties of such trustee;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the notes or bonds.\n  4. In addition to the powers herein conferred upon the authority to\nsecure its notes and bonds, the authority shall have power in connection\nwith the issuance of notes and bonds to enter into such agreements as\nthe authority may deem necessary, convenient or desirable concerning the\nuse or disposition of its moneys or property or the moneys or property\nof any of its subsidiary corporations, including the mortgaging of any\nsuch property and the entrusting, pledging or creation of any other\nsecurity interest in any such moneys or property and the doing of any\nact (including refraining from doing any act) which the authority would\nhave the right to do in the absence of such agreements. The authority\nshall have power to enter into amendments of any such agreements within\nthe powers granted to the authority by this title and to perform such\nagreements. The provisions of any such agreements may be made a part of\nthe contract with the holders of the notes and bonds of the authority.\n  5. It is the intention hereof that any pledge, mortgage or security\ninstrument made by the authority shall be valid and binding from the\ntime when the pledge, mortgage or security instrument is made; that the\nmoneys or property so pledged, mortgaged and entrusted and thereafter\nreceived by the authority shall immediately be subject to the lien of\nsuch pledge, mortgage or security instrument without any physical\ndelivery thereof or further act; and that the lien of any such pledge,\nmortgage or security instrument shall be valid and binding as against\nall parties having claims of any kind in tort, contract or otherwise\nagainst the authority, irrespective of whether such parties have notice\nthereof. Neither the resolution nor any mortgage, security instrument or\nother instrument by which a pledge, mortgage lien or other security is\ncreated need be recorded or filed and the authority shall not be\nrequired to comply with any of the provisions of the uniform commercial\ncode.\n  6. Neither the members of the authority nor any person executing the\nnotes or bonds shall be liable personally on the notes or bonds or be\nsubject to any personal liability or accountability by reason of the\nissuance thereof.\n  7. The authority, subject to such agreements with noteholders or\nbondholders as may then exist, shall have power out of any funds\navailable therefor to purchase notes or bonds of the authority, which\nshall thereupon be cancelled, at a price not exceeding (a) if the notes\nor bonds are then redeemable, the redemption price then applicable plus\naccrued interest to the next interest payment date thereon, or (b) if\nthe notes or bonds are not then redeemable, the redemption price\napplicable on the first date after such purchase upon which the notes or\nbonds become subject to redemption plus accrued interest to such date.\n  8. The state shall not be liable on notes or bonds of the authority\nand such notes and bonds shall not be a debt of the state, and such\nnotes and bonds shall contain on the face thereof a statement to such\neffect.\n
N.Y. SOS Law § 367-X — New York Code / Act SOS / Article 5 / Title 11 / Section 367-X
Payment for violence prevention programs
Status: in_force

§ 367-x. Payment for violence prevention programs. 1. As used in this\nsection, the following terms shall have the following definitions:\n  (a) "Community violence" means intentional acts of interpersonal\nviolence committed by individuals who are not intimately related to the\nvictim.\n  (b) "Community violence prevention services" means evidence-informed,\ntrauma-informed, culturally responsive, supportive and\nnon-psychotherapeutic services provided by a qualified violence\nprevention professional for the purpose of promoting improved health\noutcomes, trauma recovery, and positive behavioral change, preventing\ninjury recidivism and reducing the likelihood that individuals who are\nvictims of community violence will commit or promote violence\nthemselves. "Community violence prevention services" may include the\nprovision of peer support and counseling, mentorship, conflict\nmediation, crisis intervention, targeted case management, referrals to\ncertified or licensed health care professionals or social services\nproviders, case management, community and school support services,\npatient education or screening services to victims of community\nviolence.\n  (c) "Prevention professional" means an individual who works in\nprograms aimed to address specific patient needs, such as suicide\nprevention, violence prevention, alcohol avoidance, drug avoidance, and\ntobacco prevention. The goal of such individual's work is to reduce the\nrisk of relapse, injury, or re-injury of the patient.\n  (d) "Qualified violence prevention professional" means a prevention\nprofessional who meets all of the conditions specified in subdivision\nfive of this section.\n  2. Within thirty days of the effective date of this section, the\ncommissioner shall apply to the federal government for approval of an\namendment to the Medicaid state plan to make community violence\nprevention services available, to the extent permitted by federal law,\nto any Medicaid beneficiary who has:\n  (a) been exposed to community violence, or has a personal history of\ninjury sustained as a result of an act of community violence; and\n  (b) been referred by a certified or licensed health care provider or\nsocial services provider to receive community violence prevention\nservices from a qualified violence prevention professional, after such\nprovider determines such beneficiary to be at elevated risk of a violent\ninjury or retaliation resulting from another act of community violence.\n  3. The commissioner shall seek any federal approvals necessary to\nimplement this section, including, but not limited to, any state plan\namendments or federal waivers by the federal Centers for Medicare and\nMedicaid Services.\n  4. Once federal approval has been appplied for, the commissioner,\nshall, in consultation with violence intervention organizations and\nlocal community-based and hospital-based violence prevention programs:\n  (a) issue guidance on the use of community violence prevention\nservices for beneficiaries who access these services under the medical\nassistance program; and\n  (b) determine maximum allowable rates for community violence\nprevention services based upon the medical assistance program\nfee-for-service outpatient rates for the same or similar services, or\nany other data deemed reliable and relevant by the commissioner.\n  5. Any prevention professional seeking certification as a qualified\nviolence prevention professional shall:\n  (a) complete at least six months of full-time equivalent experience in\nproviding community violence prevention services or youth development\nservices through employment, volunteer work or as part of an internship\nexperience;\n  (b) complete a training and certification program approved by the\ndepartment of health for qualified violence prevention professionals,\napproved in accordance with subdivision six of this section, by a\nprovider approved by the commissioner;\n  (c) complete annually at least four hours of continuing education, by\na provider approved by the commissioner, in the field of community\nviolence prevention services;\n  (d) complete prevention professionals training for the population of\npatients with whom they work; and\n  (e) satisfy any other requirements established by the commissioner,\nfor certification as a qualified violence prevention professional.\n  6. Within ninety days of the effective date of this section, the\ndepartment of health shall approve at least one governmental or\nnongovernmental accrediting body with expertise in community violence\nprevention services to review and approve training and certification\nprograms for qualified violence prevention professionals. The\naccrediting body shall approve programs that such body determines, in\nits discretion, will adequately prepare individuals to provide community\nviolence prevention services to individuals who are victims of community\nviolence. Such programs shall include at least thirty-five hours of\ntraining, collectively addressing all of the following:\n  (a) the profound effects of trauma and violence and the basics of\ntrauma-informed care; and\n  (b) community violence prevention strategies, including, but not\nlimited to, conflict mediation and retaliation prevention related to\ncommunity violence; case management and advocacy practices; and patient\nprivacy and the federal Health Insurance Portability and Accountability\nAct of 1996, P.L. 104-191, as amended from time to time, (HIPAA).\n  7. Any entity that employs or contracts with a qualified violence\nprevention professional to provide community violence prevention\nservices shall:\n  (a) maintain documentation that the qualified violence prevention\nprofessional has met all of the conditions described in subdivision six\nof this section; and\n  (b) ensure that the qualified violence prevention professional is\nproviding community violence prevention services in compliance with any\napplicable standards of care, rules, regulations and governing law of\nthe state or federal government.\n  8. Nothing in this section shall alter the scope of practice for any\nhealth care professional or authorize the delivery of health care\nservices in a setting or in a manner that is not currently authorized.\n  9. This section shall be implemented only to the extent that federal\nfinancial participation is available, and any necessary federal\napprovals have been obtained.\n
N.Y. ENV Law § 71-1112 — New York Code / Act ENV / Article 71 / Title 11 / Section 71-1112
Enforcement of title eight of article fifteen
Status: in_force

§ 71-1112. Enforcement of title eight of article fifteen.\n  1. The attorney general, on his own initiative or at the request of\nthe commissioner, or the corporation counsel, at the request of the city\nof New York shall bring an action to restrain or enjoin any violation of\nany provision of title eight of article fifteen of this chapter or any\nprovision of any rule or regulation promulgated pursuant to such title.\nThe commissioner shall furnish the attorney general or the corporation\ncounsel with such material, evidentiary matter or proof as may be\nrequested by either of them in connection with such action.\n  2. Notwithstanding the provisions of any other law, the venue of any\naction commenced or proceeding brought pursuant to this section may be\nin the county of Albany.\n
N.Y. PBA Law § 1269 — New York Code / Act PBA / Article 5 / Title 11 / Section 1269
Notes, bonds and other obligations of the authority
Status: in_force

§ 1269. Notes, bonds and other obligations of the authority. 1. (a)\nThe authority shall have power and is hereby authorized from time to\ntime to issue its bonds, notes and other obligations in such principal\namount as, in the opinion of the authority, shall be necessary,\nconvenient or desirable to effectuate any of its powers and purposes,\nincluding to provide sufficient funds for achieving its purposes,\nincluding the acquisition, establishment, construction, effectuation,\noperation, maintenance, renovation, improvement, extension,\nrehabilitation or repair of any transportation facility, the payment of\nprincipal, redemption premium and interest on bonds, notes and other\nobligations of the authority, establishment of reserves to secure such\nbonds notes and other obligations, the provision of working capital and\nall other expenditures of the authority and its subsidiary corporations,\nand New York city transit authority and its subsidiary corporations\nincident to and necessary or convenient to carry out their purposes and\npowers. Such bonds, notes or other obligations may be issued for an\nindividual transportation facility or issued on a consolidated basis for\nsuch groups or classes of facilities and projects as the authority in\nits discretion deems appropriate and be payable from and secured\nseparately or on a consolidated basis by, among other things, all or any\nportion of such revenues and other monies and assets of the authority\nand its subsidiary corporations, and New York city transit authority and\nits subsidiary corporations as the authority determines in accordance\nwith the provisions of section twelve hundred seventy-d of this title;\n  (b) The authority shall have power, from time to time, to issue\nrenewal notes, to issue bonds to refund, redeem or otherwise pay,\nincluding by purchase or tender, notes of the authority and its\nsubsidiary corporations, and New York city transit authority and its\nsubsidiary corporations and whenever it deems refunding, redemption or\npayment expedient, to refund, redeem or otherwise pay, including by\npurchase or tender, any bonds of the authority and its subsidiary\ncorporations, New York city transit authority and its subsidiary\ncorporations and Triborough bridge and tunnel authority by the issuance\nof new bonds, whether the bonds to be refunded, redeemed or otherwise\npaid have or have not matured, and to issue bonds partly for such\npurpose and partly for any other purpose and to otherwise refund,\nredeem, acquire by purchase or tender, or in any other way repay any\noutstanding notes, bonds or other obligations of the authority, any of\nits subsidiary corporations, New York city transit authority, any of its\nsubsidiary corporations and Triborough bridge and tunnel authority;\n  (c) Every issue of its notes, bonds or other obligations shall be\ngeneral obligations or special obligations. Every issue of general\nobligations of the authority shall be payable out of any revenues or\nmonies of the authority, subject only to any agreements with the holders\nof particular notes or bonds pledging any particular receipts or\nrevenues. Every issue of special obligations shall be payable out of any\nrevenues, receipts, monies or other assets of the authority and its\nsubsidiary corporations, the New York city transit authority and its\nsubsidiary corporations and the Triborough bridge and tunnel authority\nidentified for such purposes in accordance with agreements with the\nholders of particular notes, bonds or other obligations. The authority\nmay issue transportation revenue special obligation bonds, notes or\nother obligations as provided in section twelve hundred seventy-d of\nthis title;\n  1-a. Pension obligation bonds. The authority may from time to time\nissue its bonds and notes in such principal amounts as, in the opinion\nof the authority, shall be necessary to finance the unfunded pension\nfund liabilities of the authority, its affiliates and subsidiaries,\nprovided, however, that in no event shall the cumulative amounts of\nbonds and notes issued pursuant to the authority of this subdivision\nexceed one billion two hundred million dollars or sixty percent of such\nunfunded pension fund liabilities, whichever is less, and provided,\nfurther, that no bonds shall be issued under this subdivision for a term\nlonger than twenty years. The authority may not issue bonds or notes in\nany twelve month period in a cumulative principal amount in excess of\nforty percent of the total amount permitted to be issued under this\nsubdivision. Prior to the issuance of any bonds or notes, the authority\nshall make a finding that such issue is expected to result, on a present\nvalue basis, in a lower effective cost to the authority than funding the\nunfunded pension fund liability solely through the payment of annual\namounts to the pension fund, assuming that the principal component of\nthe unfunded liability will be amortized over the same number of years\nas the term of the bonds or notes and that the interest payable thereon\nis the actuarial rate of interest determined by the actuary for the\npension fund at the time of the issuance of such bonds or notes. The\naggregate principal amount of bonds and notes issued for such purposes\nmay be increased to fund costs of issuance and may reasonably required\ndebt service of other reserve funds. Bonds and notes may be issued to\nrefund or otherwise repay bonds or notes theretofore issued for such\npurposes; provided, however, that upon any such refunding or repayment\n(including for purpose of such calculation the principal amount of the\nrefunding bonds or notes then to be issued and excluding the principal\namount of the bonds or notes so to be refunded or repaid and also\nexcluding any amounts used to pay costs of issuance and reasonably\nrequired debt service or other reserve funds) the present value of the\naggregate debt service of the refunding or repayment bonds or notes to\nbe issued shall not exceed the present value of the aggregate debt\nservice of the bonds or notes so to be refunded or repaid. For purposes\nof the preceding sentence, the present values of the aggregate debt\nservice of the refunding or repayment bonds or notes and of the\naggregate debt service of the bonds or notes so to be refunded or repaid\nshall be calculated by utilizing the effective interest rate of the\nrefunding or repayment bonds or notes, which shall be that rate arrived\nat by doubling the semi-annual interest rate (compounded semi-annually)\nnecessary to discount the debt service payments on the refunding or\nrepayment bonds or notes from the payment dates thereof to the date of\nissue of the refunding or repayment bonds or notes and to the price bid\nincluding estimated accrued interest or proceeds received by the\nauthority including estimated accrued interest from the sale thereof.\nDebt service on the bonds or notes shall be structured so that the\neconomic benefits thereof shall be relatively uniform for each full year\nthroughout the term of the bonds or notes. Beginning with the date of\nfirst issuance of bonds under this section, the authority and its\nsubsidiaries shall make annual payments into the pension fund in amounts\nat least equal to the current pension contribution liability applicable\nto such year. The net proceeds of the bonds or notes intended to be\ninvested in non-debt securities may be invested by the recipient pension\nfund in a fiscally prudent manner in securities consistent with any\ntrust indentures and all applicable state and federal law over a\nreasonable period of time not less than 30 days following the issuance\nof the bonds or notes. The operating budget savings associated with the\nissuance of pension obligation bonds during the period from April first,\ntwo thousand five, through March thirty-first, two thousand ten,\npursuant to this subdivision shall be dedicated to reducing service\neliminations projected to occur within that period.\n  2. The notes, bonds and other obligations shall be authorized by\nresolution approved by not less than a majority vote of the whole number\nof members of the authority then in office, except that in the event of\na tie vote the chairman shall cast one additional vote. Such notes,\nbonds and other obligations shall bear such date or dates, and shall\nmature at such time or times, in the case of any such note or any\nrenewals thereof not exceeding five years from the date of issue of such\noriginal note, and in the case of any such bond not exceeding fifty\nyears from the date of issue, as such resolution or resolutions may\nprovide. The notes, bonds and other obligations shall bear interest at\nsuch rate or rates, be in such denominations, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in such medium of payment, at such place or\nplaces and be subject to such terms of redemption as such resolution or\nresolutions may provide. The notes, bonds and other obligations of the\nauthority may be sold by the authority, at public or private sale, at\nsuch price or prices as the authority shall determine. No notes or bonds\nof the authority may be sold by the authority at private sale, however,\nunless such sale and the terms thereof have been approved in writing by\n(a) the comptroller, where such sale is not to the comptroller, or (b)\nthe director of the budget, where such sale is to the comptroller.\n  3. Any resolution or resolutions authorizing any notes, bonds or any\nissue thereof, or any other obligations of the authority, may contain\nprovisions, which shall be a part of the contract with the holders\nthereof, as to:\n  (a) pledging all or any part of the revenues of the authority or of\nany of its subsidiary corporations or New York city transit authority or\nany of its subsidiary corporations or Triborough bridge and tunnel\nauthority to secure the payment of the notes or bonds or of any issue\nthereof, or any other obligations of the authority, subject to such\napplicable agreements with bondholders, noteholders, or holders of other\nobligations of the authority, the New York city transit authority and\nits subsidiary corporations, and Triborough bridge and tunnel authority\nas may then exist;\n  (b) pledging all or any part of the assets of the authority or of any\nof its subsidiary corporations or New York city transit authority or any\nof its subsidiary corporations or Triborough bridge and tunnel authority\nto secure the payment of the notes or bonds or of any issue of notes or\nbonds, or any other obligations of the authority, subject to such\nagreements with noteholders, bondholders, or holders of other\nobligations of the authority, the New York city transit authority and\nits subsidiary corporations, and Triborough bridge and tunnel authority\nas may then exist;\n  (c) the use and disposition of revenues, including fares, tolls,\nrentals, rates, charges and other fees, made or received by the\nauthority, any of its subsidiary corporations, New York city transit\nauthority or any of its subsidiary corporations, or Triborough bridge\nand tunnel authority;\n  (d) the setting aside of reserves or sinking funds and the regulation\nand disposition thereof;\n  (e) limitations on the purpose to which the proceeds of sale of notes,\nbonds or other obligations of the authority may be applied and pledging\nsuch proceeds to secure the payment of the notes or bonds or of any\nissue thereof or of other obligations;\n  (f) limitations on the issuance of additional notes, bonds or other\nobligations of the authority; the terms upon which additional notes,\nbonds or other obligations of the authority may be issued and secured;\nthe refunding of outstanding or other notes, bonds or other obligations\nof the authority;\n  (g) the procedure, if any, by which the terms of any contract with\nnoteholders, bondholders, or holders of other obligations of the\nauthority, may be amended or abrogated, the amount of notes, bonds or\nother obligations of the authority the holders of which must consent\nthereto, and the manner in which such consent may be given;\n  (h) limitations on the amount of monies to be expended by the\nauthority or any of its subsidiary corporations or New York city transit\nauthority or any of its subsidiary corporations or Triborough bridge and\ntunnel authority for operating, administrative or other expenses of the\nauthority or any of its subsidiary corporations or New York city transit\nauthority or any of its subsidiary corporations or Triborough bridge and\ntunnel authority;\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, noteholders or holders of other obligations of the\nauthority pursuant to this title, and limiting or abrogating the right\nof the bondholders, noteholders or holders of other obligations of the\nauthority to appoint a trustee under this article or limiting the\nrights, powers and duties of such trustee;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the notes, bonds or other\nobligations of the authority.\n  4. In addition to the powers herein conferred upon the authority to\nsecure its notes, bonds and other obligations, the authority shall have\npower in connection with the issuance of notes, bonds and other\nobligations to enter into such agreements as the authority may deem\nnecessary, convenient or desirable concerning the use or disposition of\nthe monies or property of any of the authority, its subsidiary\ncorporations, New York city transit authority, or any of its subsidiary\ncorporations, or Triborough bridge and tunnel authority, including the\nmortgaging of any such property and the entrusting, pledging or creation\nof any other security interest in any such monies or property and the\ndoing of any act (including refraining from doing any act) which the\nauthority would have the right to do in the absence of such agreements.\nThe authority shall have power to enter into amendments of any such\nagreements within the powers granted to the authority by this title and\nto perform such agreements. The provisions of any such agreements may be\nmade a part of the contract with the holders of the notes, bonds and\nother obligations of the authority.\n  5. It is the intention hereof that any pledge, mortgage or security\ninstrument made by the authority shall be valid and binding from the\ntime when the pledge, mortgage or security instrument is made; that the\nmonies or property so pledged, mortgaged and entrusted and thereafter\nreceived by the authority, or any of its subsidiary corporations shall\nimmediately be subject to the lien of such pledge, mortgage or security\ninstrument without any physical delivery thereof or further act; and\nthat the lien of any such pledge, mortgage or security instrument shall\nbe valid and binding as against all parties having claims of any kind in\ntort, contract or otherwise against the authority, or any of its\nsubsidiary corporations, irrespective of whether such parties have\nnotice thereof. Neither the resolution nor any mortgage, security\ninstrument or other instrument by which a pledge, mortgage lien or other\nsecurity is created need be recorded or filed and neither the authority\nnor, any of its subsidiary corporations shall be required to comply with\nany of the provisions of the uniform commercial code.\n  6. Neither the members of the authority, the New York city transit\nauthority or the Triborough bridge and tunnel authority nor any person\nexecuting the notes, bonds or other obligations shall be liable\npersonally on the notes, bonds or other obligations or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  7. The authority, subject to such agreements with the holders of\nnotes, bonds or other obligations as may then exist, shall have power\nout of any funds available therefor to purchase notes, bonds or other\nobligations of the authority. The authority may hold, cancel or sell\nsuch bonds, notes and other obligations, subject to and in accordance\nwith agreements with such holders.\n  8. Neither the state nor the city of New York shall be liable on\nnotes, bonds or other obligations of the authority and such notes, bonds\nand other obligations shall not be a debt of the state or the city of\nNew York, and such notes, bonds and other obligations shall contain on\nthe face thereof, or in an equally prominent place, a statement to such\neffect.\n  9. So long as the authority has outstanding any bonds, notes or other\nobligations issued pursuant to this section or any bonds, notes or other\nobligations issued or incurred pursuant to section twelve hundred\nsixty-six-c of this title, none of the authority or any of its\nsubsidiary corporations, New York city transit authority or any of its\nsubsidiary corporations, or Triborough bridge and tunnel authority shall\nhave the authority to file a voluntary petition under chapter nine of\nthe federal bankruptcy code or such corresponding chapter, chapters or\nsections as may, from time to time, be in effect, and neither any public\nofficer nor any organization, entity or other person shall authorize the\nauthority or any of its subsidiary corporations, New York city transit\nauthority or any of its subsidiary corporations, or Triborough bridge\nand tunnel authority to be or become a debtor under chapter nine or said\ncorresponding chapter, chapters or sections during any such period.\n  10. The term "monies" as used in this section shall include, but not\nbe limited to, all operating subsidies provided by (i) any public\nbenefit corporation, including without limitation transfers of operating\nsurplus by Triborough bridge and tunnel authority pursuant to section\ntwelve hundred nineteen-a of this article, or (ii) any governmental\nentity, federal, state or local.\n  11. Any resolution or agreement authorizing the issuance of bonds,\nnotes or other obligations pursuant to this section may, in addition,\nauthorize and provide for the issuance of lease obligations of the\nauthority which may be issued for the purposes and on the terms and\nconditions under which the bonds, notes and other obligations authorized\nunder this section may be issued, and may be secured in the same manner\nas such bonds, notes and other obligations, and which resolution with\nrespect to such lease obligations, may contain such other provisions\napplicable to bonds, notes and other obligations not inconsistent with\nthe provisions of this section, as the authority may determine.\n  12. The aggregate principal amount of bonds, notes or other\nobligations issued after the first day of January, nineteen hundred\nninety-three by the authority, the Triborough bridge and tunnel\nauthority and the New York city transit authority to fund projects\ncontained in capital program plans approved pursuant to section twelve\nhundred sixty-nine-b of this title for the period nineteen hundred\nninety-two through two thousand twenty-nine shall not exceed one hundred\nfifteen billion five hundred million dollars. Such aggregate principal\namount of bonds, notes or other obligations or the expenditure thereof\nshall not be subject to any limitation contained in any other provision\nof law on the principal amount of bonds, notes or other obligations or\nthe expenditure thereof applicable to the authority, the Triborough\nbridge and tunnel authority or the New York city transit authority. The\naggregate limitation established by this subdivision shall not include\n(i) obligations issued to refund, redeem or otherwise repay, including\nby purchase or tender, obligations theretofore issued either by the\nissuer of such refunding obligations or by the authority, the New York\ncity transit authority or the Triborough bridge and tunnel authority,\n(ii) obligations issued to fund any debt service or other reserve funds\nfor such obligations, (iii) obligations issued or incurred to fund the\ncosts of issuance, the payment of amounts required under bond and note\nfacilities, federal or other governmental loans, security or credit\narrangements or other agreements related thereto and the payment of\nother financing, original issue premiums and related costs associated\nwith such obligations, (iv) an amount equal to any original issue\ndiscount from the principal amount of such obligations or to fund\ncapitalized interest, (v) obligations incurred pursuant to section\ntwelve hundred seven-m of this article, (vi) obligations incurred to\nfund the acquisition of certain buses for the New York city transit\nauthority as identified in a capital program plan approved pursuant to\nchapter fifty-three of the laws of nineteen hundred ninety-two, (vii)\nobligations incurred in connection with the leasing, selling or\ntransferring of equipment, and (viii) bond anticipation notes or other\nobligations payable solely from the proceeds of other bonds, notes or\nother obligations which would be included in the aggregate principal\namount specified in the first sentence of this subdivision, whether or\nnot additionally secured by revenues of the authority, or any of its\nsubsidiary corporations, New York city transit authority, or any of its\nsubsidiary corporations, or Triborough bridge and tunnel authority.\n
N.Y. SOS Law § 363-D — New York Code / Act SOS / Article 5 / Title 11 / Section 363-D
Provider compliance program
Status: in_force

§ 363-d. Provider compliance program. 1. The legislature finds that\nmedical assistance providers may be able to detect and correct payment\nand billing mistakes and fraud if required to develop and implement\ncompliance programs. It is the purpose of such programs to organize\nprovider resources to resolve payment discrepancies and detect\ninaccurate billings, among other things, as quickly and efficiently as\npossible, and to impose systemic checks and balances to prevent future\nrecurrences. The legislature accordingly declares that it is in the\npublic interest that providers within the medical assistance program\nimplement compliance programs. The legislature also recognizes the wide\nvariety of provider types in the medical assistance program and the need\nfor compliance programs that reflect a provider's size, complexity,\nresources, and culture. For a compliance program to be effective, it\nmust be designed to be compatible with the provider's characteristics.\nAt the same time, however, the legislature determines that there are key\ncomponents that must be included in every compliance program and such\ncomponents should be required if a provider is to be a medical\nassistance program participant. Accordingly, the provisions of this\nsection require providers to adopt effective compliance program\nelements, and make each provider responsible for implementing such a\nprogram appropriate to its characteristics.\n  2. Every provider of medical assistance program items and services\nthat is subject to subdivision four of this section shall adopt and\nimplement a compliance program. The office of Medicaid inspector general\nshall create and make available on its website guidelines, which may\ninclude a model compliance program, that reflect the requirements of\nthis section.  Such compliance programs shall meet the requirements\nincluded in this subdivision as a condition of payment from the medical\nassistance program. The compliance program required pursuant to this\nsection may be a component of more comprehensive compliance activities\nby the medical assistance provider so long as the requirements of this\nsection are met.  Every provider shall adopt and implement an effective\ncompliance program, which shall include measures that prevent, detect,\nand correct non-compliance with medical assistance program requirements\nas well as measures that prevent, detect, and correct fraud, waste, and\nabuse. The compliance program shall include the following requirements:\n  (a) Written policies, procedures, and standards of conduct that:\n  (1) articulate the organization's commitment to comply with all\napplicable federal and state standards;\n  (2) describe compliance expectations as embodied in the standards of\nconduct;\n  (3) implement the operation of the compliance program;\n  (4) provide guidance to employees and others on dealing with potential\ncompliance issues;\n  (5) identify how to communicate compliance issues to appropriate\ncompliance personnel;\n  (6) describe how potential compliance issues are investigated and\nresolved by the organization;\n  (7) include a policy of non-intimidation and non-retaliation for good\nfaith participation in the compliance program, including but not limited\nto reporting potential issues, investigating issues, conducting\nself-evaluations, audits and remedial actions, and reporting to\nappropriate officials; and\n  (8) all requirements listed under 42 U.S.C.1396-a(a)(68).\n  (b) Designation of a compliance officer and a compliance committee who\nreport directly and are accountable to the organization's chief\nexecutive or other senior management.\n  (c)(1) Each provider shall establish and implement effective training\nand education for its compliance officer and organization employees, the\nchief executive and other senior administrators, managers and governing\nbody members.\n  (2) Such training and education shall occur at a minimum annually and\nshall be made a part of the orientation for a new employee and new\nappointment of a chief executive, manager, or governing body member.\n  (d) Establishment and implementation of effective lines of\ncommunication, ensuring confidentiality, between the compliance officer,\nmembers of the compliance committee, the organization's employees,\nmanagers and governing body, and the organizations first tier,\ndownstream, and related entities. Such lines of communication shall be\naccessible to all and allow compliance issues to be reported including a\nmethod for anonymous and confidential good faith reporting of potential\ncompliance issues as they are identified.\n  (e) Well-publicized disciplinary standards through the implementation\nof procedures which encourage good faith participation in the compliance\nprogram by all affected individuals.\n  (f) Establishment and implementation of an effective system for\nroutine monitoring and identification of compliance risks. The system\nshould include internal monitoring and audits and, as appropriate,\nexternal audits, to evaluate the organization's compliance with the\nmedical assistance program requirements and the overall effectiveness of\nthe compliance program.\n  (g) Establishment and implementation of procedures and a system for\npromptly responding to compliance issues as they are raised,\ninvestigating potential compliance problems as identified in the course\nof self-evaluations and audits, correcting such problems promptly and\nthoroughly to reduce the potential for recurrence, and ensure ongoing\ncompliance with the medical assistance programs requirements.\n  3. Upon enrollment in the medical assistance program, a provider shall\ncertify to the department that the provider satisfactorily meets the\nrequirements of this section. Additionally, the commissioner of health\nand Medicaid inspector general shall have the authority to determine at\nany time if a provider has a compliance program that satisfactorily\nmeets the requirements of this section.\n  (a) A compliance program that is accepted by the federal department of\nhealth and human services office of inspector general and remains in\ncompliance with the standards promulgated by such office shall be deemed\nin compliance with the provisions of this section, so long as such plans\nadequately address medical assistance program risk areas and compliance\nissues.\n  (b) A compliance program that meets Federal requirements for managed\ncare provider compliance programs, as specified in the contract or\ncontracts between the department and the Medicaid managed care provider\nshall be deemed in compliance with the provisions in this section, so\nlong as such programs adequately address medical assistance program risk\nareas and compliance issues. For purposes of this section, a managed\ncare provider is as defined in paragraph (c) of subdivision one of\nsection three hundred sixty-four-j of this chapter, and includes managed\nlong term care plans.\n  (c) In the event that the commissioner of health or the Medicaid\ninspector general finds that the provider does not have a satisfactory\nprogram within ninety days after the effective date of the regulations\nissued pursuant to subdivision four of this section, the provider may be\nsubject to any sanctions or penalties permitted by federal or state laws\nand regulations, including revocation of the provider's agreement to\nparticipate in the medical assistance program.\n  (d)(1) In the first instance of the Medicaid inspector general's\ndetermination that the provider, including a Medicaid managed care\nprovider, that has failed to adopt and implement a compliance program\nwhich satisfactorily meets the requirements of this section, the\nMedicaid inspector general may impose a monetary penalty of five\nthousand dollars per calendar month, for a maximum of twelve calendar\nmonths against a provider, including Medicaid managed care providers.\n  (2) The Medicaid inspector general may impose a monetary penalty of up\nto ten thousand dollars per calendar month, for a maximum of twelve\ncalendar months against a provider, including a Medicaid managed care\nprovider, that has failed to adopt and implement a compliance program\nwhich satisfactorily meets the requirements of this section, if a\npenalty was previously imposed under subparagraph one of this paragraph\nwithin the previous five years.\n  (e) A provider, including a Medicaid managed care provider, against\nwhom a monetary penalty is imposed pursuant to paragraph (d) of this\nsubdivision shall be entitled to notice and an opportunity to be heard,\nincluding the right to request a hearing pursuant to section twenty-two\nof this chapter.\n  4. Providers that shall be subject to the provisions of this section\ninclude, but are not limited to:\n  (a) those subject to the provisions of articles twenty-eight and\nthirty-six of the public health law;\n  (b) those subject to the provisions of articles sixteen and thirty-one\nof the mental hygiene law;\n  (c) notwithstanding the provisions of section forty-four hundred\nfourteen of the public health law, managed care providers, as defined in\nsection three hundred sixty-four-j of this title and includes managed\nlong-term care plans; and\n  (d) other providers of care, services and supplies under the medical\nassistance program for which the medical assistance program is a\nsubstantial portion of their business operations.\n  5. (a) The Medicaid inspector general, in consultation with the\ndepartment of health, shall promulgate any regulations necessary to\nimplement this section.\n  (b) The Medicaid inspector general shall accept programs and processes\nimplemented pursuant to section forty-four hundred fourteen of the\npublic health law as satisfying the obligations of this section and the\nregulations promulgated thereunder when such programs and processes\nincorporate the objectives contemplated by this section.\n  6. (a) If a person has received an overpayment under the medical\nassistance program, the person shall:\n  (1) report and return the overpayment to the department; and\n  (2) notify the Medicaid inspector general in writing of the reason for\nthe overpayment.\n  (b) An overpayment shall be reported and returned under paragraph (a)\nof this subdivision by the later of: (1) the date which is sixty days\nafter the date on which the overpayment was identified; or (2) the date\nany corresponding cost report is due, if applicable. A person has\nidentified an overpayment when the person has or should have through the\nexercise of reasonable diligence, determined that the person has\nreceived an overpayment and quantified the amount of the overpayment. A\nperson should have determined that the person received an overpayment\nand quantified the amount of the overpayment if the person fails to\nexercise reasonable diligence and the person in fact received an\noverpayment.\n  (c) The deadline for returning overpayments shall be tolled when the\nfollowing occurs:\n  (1) the Medicaid inspector general acknowledges receipt of a\nsubmission to the Medicaid inspector general's self-disclosure program\nunder subdivision seven of this section, and shall remain tolled until\nsuch time as a self-disclosure and compliance agreement, pursuant to\nsubdivision seven of this section is fully executed, the person\nwithdraws from the self-disclosure program, the person repays the\noverpayment and any interest due, or the person is removed from the\nself-disclosure program by the Medicaid inspector general; or\n  (2) in the absence of a finding of fraud a person may repay an\noverpayment through installment payments as described in subdivision\nseven of this section and shall remain tolled until such time as the\nprovider repays the overpayment and any interest due, the Medicaid\ninspector general rejects the installment payment schedule requested by\nthe provider, or the provider fails to comply with the terms of the\ninstallment payment schedule.\n  (d) Any overpayment retained by a person after the deadline for\nreporting and returning the overpayment under paragraph (b) of this\nsubdivision shall be subject to a monetary penalty pursuant to\nsubdivision four of section one hundred forty-five-b of this article.\n  (e) For purposes of this subdivision, "person" means a provider of\nservices or supplies, managed care provider, as defined in paragraph (b)\nof subdivision one of section three hundred sixty-four-j of this title\nand includes managed long-term care plans, and does not include\nrecipients of the medical assistance program.\n  7. Self-disclosure program. (a) Notwithstanding the provisions of any\nother law to the contrary, there is hereby established a voluntary\nself-disclosure program to be administered by the Medicaid inspector\ngeneral, in consultation with the commissioner, for all persons\ndescribed in this section owing any overpayment to the medical\nassistance program.\n  (b) For purposes of this subdivision, "person" means any person\nproviding services or receiving payment under the medical assistance\nprogram, a managed care provider as defined in paragraph (b) of\nsubdivision one of section three hundred sixty-four-j of this title,\nincluding managed long-term care plans, and any subcontractors or\nnetwork providers thereof.\n  (c) In order to be eligible to participate in the self-disclosure\nprogram, a person shall satisfy the following conditions:\n  (1) the person is not currently under audit, investigation or review\nby the Medicaid inspector general, unless the overpayment and the\nrelated conduct being disclosed does not relate to the Medicaid\ninspector general's audit, investigation or review;\n  (2) the person is disclosing an overpayment and related conduct that\nthe Medicaid inspector general has not determined, calculated,\nresearched or identified at the time of the disclosure;\n  (3) the overpayment and related conduct is reported by the deadline\nspecified in subdivision six of this section; and\n  (4) the person is not currently a party to any criminal investigation\nbeing conducted by the deputy attorney general for the Medicaid fraud\ncontrol unit or an agency of the United States government or any\npolitical subdivision thereof.\n  (d) Notwithstanding subdivision three of section one hundred\nforty-five-b of this article, the Medicaid inspector general may waive\ninterest on any overpayment reported, returned, and explained by an\neligible person under this subdivision. Furthermore, an eligible\nperson's good faith participation in the self-disclosure program may be\nconsidered as a mitigating factor in the determination of an\nadministrative enforcement action.\n  (e) To participate in the self-disclosure program, an eligible person\nshall apply by submitting a self-disclosure statement in the form and\nmanner prescribed by the Medicaid inspector general. The statement shall\ncontain all the information required by the Medicaid inspector general\nto effectively administer the self-disclosure program.\n  (f) (1) The eligible person shall pay the overpayment amount\ndetermined by the Medicaid inspector general to the department within\nfifteen days of the Medicaid inspector general notifying the person of\nthe amount due.\n  (2) In the event the Medicaid inspector general is satisfied that the\nperson cannot make immediate full payment of the disclosed overpayment,\nthe Medicaid inspector general may permit the person to repay the\noverpayment and any interest due through installment payments. The\nMedicaid inspector general may require a financial disclosure statement\nsetting forth information concerning the person's current assets,\nliabilities, earnings, and other financial information before entering\ninto an installment payment plan with the person.\n  (3) If the person and the overpayment are eligible under the\nself-disclosure program, the Medicaid inspector general shall be\nauthorized to enter into a self-disclosure and compliance agreement with\nthe person. The self-disclosure and compliance agreement shall be in a\nform to be established by the Medicaid inspector general and include\nsuch terms as the Medicaid inspector general shall require for the\nrepayment of the person's disclosed overpayment and enable and require\nthe person to comply with the requirements of the medical assistance\nprogram in the future. The person shall execute the self-disclosure and\ncompliance agreement within fifteen days of receiving said agreement\nfrom the Medicaid inspector general, or such other timeframe permitted\nby the Medicaid inspector general, provided however, that such other\nperiod is not less than fifteen days.\n  (4) If the person provides false material information or omits\nmaterial information in his or her submissions to the Medicaid inspector\ngeneral, or attempts to defeat or evade an overpayment due pursuant to\nthe self-disclosure and compliance agreement executed under this\nsubdivision, or fails to comply with the terms of the self-disclosure\nand compliance agreement, or refuses to execute the self-disclosure and\ncompliance agreement in the timeframes specified under this section,\nsuch agreement shall be deemed rescinded and the provider's\nparticipation in the self-disclosure program terminated.\n  (5) A person against whom a self-disclosure and compliance agreement\nis rescinded and participation in the self-disclosure program is\nterminated pursuant to subparagraph four of this paragraph shall be\nentitled to notice.\n  (g) The Medicaid inspector general, in consultation with the\ncommissioner, may promulgate regulations, issue forms and instructions,\nand take any and all other actions necessary to implement the provisions\nof the self-disclosure program established under this section to\nmaximize public awareness and participation in such program.\n
N.Y. PBA Law § 1269-B — New York Code / Act PBA / Article 5 / Title 11 / Section 1269-B
Capital program plans; approvals; effect of disapproval
Status: in_force

§ 1269-b. Capital program plans; approvals; effect of disapproval. 1.\n(a) On or before October first, nineteen hundred eighty-one, and on or\nbefore October first of every fifth year thereafter, through and\nincluding October first, nineteen hundred ninety-one, the authority\nshall submit to the metropolitan transportation authority capital\nprogram review board two capital program plans for the five year period\ncommencing January first of the following year;\n  (b) not later than ten days after the effective date of this paragraph\nthe authority shall submit to the metropolitan transportation authority\ncapital program review board two capital program plans for the five-year\nperiod commencing January first, nineteen hundred ninety-five; and\n  (c) on or before October first, nineteen hundred ninety-nine and every\nfifth year thereafter, the authority shall submit to the metropolitan\ntransportation authority capital program review board two capital\nprogram plans for the five-year period commencing January first of the\nfollowing year.\n  For each of the periods described above, one such plan shall contain\nthe capital program for the transit facilities operated by the New York\ncity transit authority and its subsidiaries and for the Staten Island\nrapid transit operating authority; the other such plan shall contain the\ncapital program for the railroad facilities, not including the Staten\nIsland rapid transit operating authority, under the jurisdiction of the\nauthority.\n  Each plan shall set system-wide goals and objectives for capital\nspending, establish standards for service and operations, and describe\neach capital element proposed to be initiated in each of the years\ncovered by the plan and explain how each proposed element supports the\nachievement of the service and operational standards established in the\nplan. Each plan shall also set forth an estimate of the amount of\ncapital funding required each year and the expected sources of such\nfunding. Each plan subsequent to the first such plan and each proposed\namendment or modification thereof shall also describe the current status\nof each capital element included in the previously approved plan, if\nany. Each plan shall be accompanied or supplemented by such supporting\nmaterials as the metropolitan transportation authority capital program\nreview board shall require.\n  A capital element shall mean either a category of expenditure itemized\nin a plan, as hereinafter provided, for which a specified maximum dollar\namount is proposed to be expended, or a particularly described capital\nproject within one or more categories for which no maximum expenditure\nis proposed, but for which an estimate of expected cost is provided. A\ncapital element shall be deemed to have been initiated for purposes of\nthis section if in connection with such element the authority shall\ncertify that (i) purchase or construction contracts have been entered\ninto, obligating in the aggregate an amount exceeding ten percent of the\nmaximum or estimated cost of the element as set forth in a plan, (ii)\nfinancing specific to the project has been undertaken, or (iii) in a\ncase where such element is limited to design or engineering, a contract\ntherefor has been entered into.\n  2. Each plan shall itemize the capital elements included in each\nsection of the plan under the following categories of expenditure: (a)\nrolling stock and buses; (b) passenger stations; (c) track; (d) line\nequipment; (e) line structures; (f) signals and communications; (g)\npower equipment, emergency power equipment and substations; (h) shops,\nyards, maintenance facilities, depots and terminals; (i) service\nvehicles; (j) security systems; (k) electrification extensions; and (l)\nunspecified, miscellaneous and emergency.\n  2-a. (a) A copy of any proposed capital program plan that has been\ndistributed to one or more committees of the authority shall be\nsimultaneously provided, for informational purposes, to the members of\nthe metropolitan transportation authority capital program review board.\nProvision of such a proposed capital program plan to the capital program\nreview board pursuant to this provision for informational purposes shall\nnot constitute the submission of a capital program plan for capital\nprogram review board approval.\n  (b) A copy of any proposed capital program plan that has been\ndistributed to one or more committees of the authority shall be\nsimultaneously provided to the public by the metropolitan transportation\nauthority, via its official or shared internet website.\n  (c) The authority shall publish data pertaining to capital programs of\nthe authority and any amendments to such programs as required by this\nsection on the authority's website in a common, machine readable format,\nas defined by executive order number ninety-five of two thousand\nthirteen, "Using Technology to Promote Transparency, Improve Government\nPerformance and Enhance Citizen Engagement" or any successor order. Such\ndata shall include, but not be limited to:\n  (i) all data required by paragraph (c) of subdivision one of this\nsection, including estimates of capital budget required by element for\nan approved capital program and expected sources of such funding for the\nentire capital program; and\n  (ii) all data required by subdivision two of this section, including\nproposed annual commitments for individual capital elements required.\n  (d) At a minimum, individual capital project data for projects that\nare committed for construction shall be included in a capital program\ndashboard maintained by the authority on its website. Any summary views\nprovided on the website shall include the original budgets at the time\nof project commitment when scope and budget are defined, project scopes,\nand schedules, in addition to current or amended budgets, project\nscopes, and schedules. Data pertaining to individual projects shall\ninclude, but not be limited to:\n  (i) the capital project identification number delineated by agency,\ncategory, element and project as used in the capital program;\n  (ii) the capital plan years;\n  (iii) the agency or authority undertaking the project;\n  (iv) a project description;\n  (v) the project location where appropriate;\n  (vi) the capital needs code of the project, such as state of good\nrepair, normal replacement, system improvement, system expansion or\nother category;\n  (vii) budget information including the original budget at the time of\nproject commitment when scope and budget are defined, all amendments,\nthe current budget and planned annual allocations; and\n  (viii) a schedule for project delivery including original, amended and\ncurrent start and completion dates as projects develop at each phase.\n  The status of projects shall be provided and state the current phase\nof the project, such as planning, design, construction or completion,\nand shall state how far the project has progressed as measured in\npercentage by expenditure. The dashboard shall measure progress based on\noriginal budgets at the time of project commitment when scope and budget\nare defined. At a minimum, all changes to planned budgets of greater\nthan ten percent, significant project scope or a three month or more\nchange in schedule shall be provided in narrative form and describe the\nreason for each change or amendment. The dashboard shall include a\nglossary or data dictionary which contains plain language descriptions\nof the data, including individual project data, and any other\ninformation provided on the dashboard. The authority shall provide a\ndefinition of resiliency in the glossary or data dictionary. The\ndashboard shall be updated, at a minimum, on a quarterly basis, and all\ndata fields available on the dashboard shall be made available for\ndownload on the authority's website in a single tabular data file in a\ncommon, machine readable format. Capital dashboard data shall also be\nmade available on the data.ny.gov website or such other successor\nwebsite maintained by, or on behalf of, the state, as deemed appropriate\nby the New York state office of information technology services under\nexecutive order number ninety-five of two thousand thirteen, or any\nsuccessor agency or order.\n  (e) The data required to be published pursuant to this subdivision\nshall be made in a single tabular data file in a common, machine\nreadable format and shall be accessible on the authority's website and\nthe website data.ny.gov or such other successor website maintained by,\nor on behalf of, the state, as deemed appropriate by the New York state\noffice of information technology services under executive order number\nninety-five of two thousand thirteen, or any successor agency or order.\n  (f) The authority shall create and maintain a separate section on its\ncapital program dashboard website for projects related to accessibility\nor resiliency. Information on this website shall be updated quarterly.\nFor the purposes of this subdivision, "accessibility" shall mean\nprojects regarding elevators, escalators, or other projects related to\ncompliance with the federal Americans with Disabilities Act of 1990, as\namended, and corresponding guidelines, and "resiliency" shall have the\nsame meaning as defined by the authority in its twenty-year needs\nassessment as required by subdivision c of section twelve hundred\nsixty-nine-c of this title.\n  3. A plan may only be approved in two ways: (i) a plan shall only be\napproved by the board by a unanimous vote of the members entitled to\nvote thereon and within ninety days or by September fifteenth, nineteen\nhundred ninety-six in the case of a plan submitted during the period\ndescribed in paragraph (b) of subdivision one of this section, of the\nsubmission of a plan the metropolitan transportation authority capital\nprogram review board may notify the authority of its approval of the\nsame; or (ii) if the plan is not approved by the board within such\nninety day period or by September fifteenth, nineteen hundred\nninety-six, as the case may be, and no individual member of the board\nwho is entitled to vote thereon has notified the authority in writing of\nhis or her disapproval with a written explanation of such disapproval\nincluding specific aspects of the plan that are of concern and what\nsteps could be taken to address such concerns within such period, the\nplan shall be deemed to have been approved. Upon the receipt of a\nwritten disapproval, the authority shall be provided an opportunity to\nrespond in writing within ten days of the receipt of such disapproval.\nUpon the receipt of such response, the disapproving member shall have\nten days to reconsider and withdraw such written disapproval.\n  If the plan is not approved, the authority may thereafter reformulate\nand resubmit such plan at any time. Within thirty days of the submission\nof such reformulated plan the board may notify the authority of its\napproval of the same by the unanimous vote of the members entitled to\nvote thereon, or, if the reformulated plan is not approved and no\nindividual member of the board who is entitled to vote on such\nreformulated plan has notified the authority in writing of his or her\ndisapproval within such period, the reformulated plan shall be deemed to\nhave been approved.\n  4. No general obligation bonds or notes of the authority, no special\nobligation bonds or notes of the authority to finance a transit project,\nas such term is defined in section twelve hundred sixty-six-c of this\ntitle, and no bonds or notes of the Triborough bridge and tunnel\nauthority to finance a project pursuant to the authorization contained\nin paragraph (r) of subdivision nine of section five hundred fifty-three\nof this chapter shall be issued to finance the costs of a capital\nelement unless such capital element and such source of funding was set\nforth in a plan submitted to and approved by the metropolitan\ntransportation authority capital program review board.\n  5. The disapproval of a plan by the metropolitan transportation\nauthority capital program review board shall not affect: (a) the right\nof the authority, of the Triborough bridge and tunnel authority, or of\nthe New York city transit authority, or of the subsidiaries of any of\nthem to initiate and complete any capital element which will be financed\notherwise than through the issuance of the bonds or notes the issuance\nof which is prohibited under subdivision four of this section; (b) the\nright of the authority or the Triborough bridge and tunnel authority to\nissue bonds or notes to finance a capital element which was initiated\nprior to such disapproval in conformity with a previously approved plan;\n(c) the right of the New York city transit authority to issue its bonds,\nnotes, lease, sublease or other contractual obligations in payment for a\ntransit project initiated prior to such disapproval in conformity with a\npreviously approved plan; (d) the right of the authority or of the\nTriborough bridge and tunnel authority to issue bonds or notes to refund\nor otherwise repay any of its outstanding bonds or notes or to fulfill\nany of their obligations to the holders of any of their outstanding\nbonds or notes; or (e) the right of the New York city transit authority\nto issue its bonds, notes, lease, sublease or other contractual\nobligations to refund or otherwise repay any of its outstanding bonds or\nnotes or to fulfill any of its obligations to the holders of any of its\noutstanding bonds or notes.\n  6. Notwithstanding the provisions of subdivision four of this section,\nif a source of funding described in an approved plan shall be\nunavailable or be available in a lesser amount than that set forth in\nsuch plan, the authority and the Triborough bridge and tunnel authority\nmay issue bonds or notes as necessary to provide the requisite funding\nfor the capital elements included in the plan to the extent that the\naggregate amount of such bonds or notes to be issued in substitution for\nsuch unavailable amounts shall not exceed the greater of fifty million\ndollars or twenty percent of the total amount described in such plan for\neither the substitute funding source or the funding source being\nsubstituted for, subject to the limitations set forth in subdivision\neleven of section five hundred fifty-three-e of this chapter and\nparagraph (a) of subdivision four of section twelve hundred seven-m of\nthis article.\n  7. (a) The authority may from time to time submit to the metropolitan\ntransportation authority capital program review board amendments or\nmodifications to any five-year plan theretofore submitted, and shall\nsubmit such an amendment or modification (i) if the estimated cost of\nany capital element for which a specified dollar amount was proposed to\nbe expended exceeds the amount set forth in the approved plan for such\nelement by more than ten percent, (ii) if with respect to a particularly\ndescribed capital element for which only an estimate of projected cost\nhas been provided in the plan there is a material change in the\ndescription of such element from that contained in the approved plan,\n(iii) if a capital element not previously included in the approved plan\nis proposed to be undertaken and its cost, together with the cost of\nother elements included in category (l) of the plan, exceeds by ten\npercent the amount provided for such category (l) elements, (iv) if the\nauthority shall propose to change by more than one year the time when\nany capital element is proposed to be initiated or the effect of such\nchange will be to increase the estimated amount of capital funding\nrequired in any year covered by the plan by more than twenty percent, or\n(v) if the availability of funding sources changes to the degree to\nwhich the authority or the Triborough bridge and tunnel authority are\nprecluded from exercising the authorization provided in subdivision six\nof this section and the authority wishes to do so.\n  (b) An amendment or modification may only be approved in two ways: (i)\nan amendment or modification shall only be approved by the board by a\nunanimous vote of the members entitled to vote thereon and within thirty\ndays of the submission of an amendment or modification the metropolitan\ntransportation authority capital program review board may notify the\nauthority of its approval of the same; or (ii) if the amendment or\nmodification is not approved by the board within such thirty day period\nand no individual member of the board who is entitled to vote thereon,\nhas notified the authority in writing of his disapproval within such\nperiod, the amendment or modification shall be deemed to have been\napproved.\n  8. In formulating its capital program plans, the authority shall give\nconsideration to the physical condition and urgency of need of each of\nthe several transportation and transit systems involved, to the needs of\nall of the communities and areas serviced by these systems, to the\nextent to which other capital aid or assistance may be available to each\nof these systems, and to the safety, comfort and convenience of its\npassengers. In determining the source or method of funding which the\nauthority is to use to finance the cost of the capital elements included\nin its capital program plans, the authority shall, insofar as\npracticable, give consideration, among other things, to (i) the\npotential impact of each such source or method upon the level of\npassenger fares, (ii) the relative cost of the several funding\nalternatives, and (iii) the relative ability of each source or method to\nprovide funding at times and in amounts estimated to be required by the\ncapital program plan. To the extent funding is proposed to be obtained\nthrough the issuance and sale of bonds or notes, the authority shall,\ninsofar as practicable and consistent with the matters set forth in (i),\n(ii) and (iii) above, give preference to the use of funds appropriated\nor to be appropriated to the authority by virtue of service contracts\nwith the director of the budget entered into pursuant to the provisions\nof the transportation systems assistance and financing act of 1981 for\npurposes of paying the annual cost of debt service for such bonds or\nnotes.\n  9. Prior to the adoption by the authority or the New York city transit\nauthority of its general resolution pursuant to which it is to issue any\ngeneral or special obligation bonds or notes, not including any series\nresolution or resolutions, the authority shall submit a copy of such\nresolution to the metropolitan transportation authority capital program\nreview board. Within fifteen days of such submission, the board may\nnotify the authority of its unanimous approval of the same by the\nmembers entitled to vote thereon, or if the resolution is not approved\nand no individual member of the board who is entitled to vote on such\nresolution has notified the authority in writing of his disapproval, the\nresolution shall be deemed to have been approved. Neither the board nor\nany member thereof shall disapprove a proposed resolution by reason of\nany covenant requiring the authority, the New York city transit\nauthority or their subsidiaries to charge and fix fares, fees and\nrentals sufficient to pay its operating expenses and the debt service,\nincluding the funding of requisite reserves, on the bonds and notes\nauthorized by such resolution. If the board or any member thereof\nentitled to vote thereon shall disapprove a proposed resolution, the\nauthority may, at any time, resubmit a reformulated resolution. Within\nten days of the submission of such reformulated resolution the board may\nnotify the authority of its unanimous approval of the same by the\nmembers entitled to vote thereon, or, if the reformulated resolution is\nnot approved and no individual member of the board who is entitled to\nvote thereon has notified the authority in writing of his disapproval\nwithin such period, the reformulated resolution shall have been deemed\nto have been approved. Any individual member of the board who votes\nagainst a resolution or a reformulated resolution or who notifies the\nauthority of his disapproval shall state his reasons therefor. The\nmember appointed on the recommendation of the mayor of the city of New\nYork shall not participate in the action of the board with respect to\nany bond resolution of the authority pursuant to which its general\nobligation bonds or notes may be issued. Neither the authority nor the\nNew York city transit authority shall adopt a bond resolution\ndisapproved by the board as herein provided.\n  10. In formulating its capital program plans, the authority shall\ndevelop criteria to determine how to best prioritize subway stations for\naccessibility improvements. Such criteria shall include, but not be\nlimited to: citywide geographic coverage; transit transfer options;\nannual ridership volume; census tract data for senior and disabled\npopulations and percentage of those populations in poverty; residential\ndensity of surrounding neighborhoods; and proximity to medical centers,\nschools, parks, business districts, cultural hubs and senior centers.\nSuch criteria shall be made publicly available.\n  11. In formulating their capital program plans, the authority and its\naffiliates and subsidiaries shall consider bicycle and pedestrian\naccessibility.\n