N.Y. ENV Law § 27-1803 — New York Code / Act ENV / Article 27 / Title 18 / Section 27-1803
Definitions
Status: in_force

§ 27-1803. Definitions.\n  When used in this title:\n  1. "battery manufacturer" means every person, firm or corporation\nthat:  (i) produces rechargeable batteries sold or distributed in the\nstate, or packages such batteries for sale in the state, except that if\nsuch production or packaging is for a distributor having the right to\nproduce or otherwise package that same brand of battery in the state,\nthen such distributor shall be deemed to be the battery manufacturer;\n(ii) imports rechargeable batteries into the United States that are sold\nor distributed in the state; or (iii) with respect to rechargeable\nbatteries defined in subparagraph (ii) of paragraph (a) of subdivision\nfour of this section, if no person, firm or corporation under paragraph\n(i) or (ii) of this subdivision takes responsibility for the\nrequirements under this title, "battery manufacturer" means the\nmanufacturer of the product that comes with, or contains, the\nrechargeable battery at the time the product is sold;\n  2. "consumer" means any person who purchases one or more rechargeable\nbatteries, or products containing such batteries at the time of sale,\nfor personal use;\n  3. "place of business" means the location at which a retailer sells or\noffers for sale to consumers, rechargeable batteries, or products\ncontaining such batteries at the time of sale;\n  4. (a) "rechargeable battery" means any of the following rechargeable\nbatteries weighing less than fifty pounds: (i) any nickel-cadmium,\nsealed lead, lithium ion, or nickel metal hydride battery; (ii) any\nbattery used as the principal electric power source for an electric\nscooter or bicycle with electric assist; (iii) any other such dry cell\nbattery capable of being recharged; or (iv) battery packs containing any\nsuch batteries;\n  (b) "rechargeable battery" shall not include a battery used as the\nprincipal electric power source for a vehicle other than as set forth in\nsubparagraph (ii) of paragraph (a) of this subdivision, such as, but not\nlimited to, an automobile, boat, truck, tractor, golf cart or\nwheelchair; for storage of electricity generated by an alternative power\nsource, such as solar or wind-driven generators; or for memory backup\nthat is an integral component of an electronic device;\n  5. "retailer" means a person, firm or corporation that engages in the\nsale of rechargeable batteries, or products containing such batteries,\nto a consumer in the state, including, but not limited to, transactions\nconducted through sales outlets, catalogs, by mail, telephone or the\ninternet. For the purposes of this section retailer shall not include a\nfood store; and\n  6. "food store" means a store selling primarily food and food products\nfor consumption or use off the premises that occupies less than fourteen\nthousand square feet of display space.\n  7. "sell" or "sale" means any transfer for consideration of title or\nthe right to use, from a manufacturer or retailer to a person,\nincluding, but not limited to, transactions conducted through retail\nsales outlets, catalogs, mail, the telephone, the internet, or any\nelectronic means; "sell" or "sale" shall not include samples, donations,\nand reuse.\n
N.Y. PBA Law § 2432 — New York Code / Act PBA / Article 8 / Title 18 / Section 2432
Definitions
Status: in_force

§ 2432. Definitions. As used in this title, the following words and\nterms shall have the following meanings unless the context shall\nindicate another or different meaning or intent:\n  (1) "Agency". The state of New York municipal bond bank agency, the\ncorporate governmental agency created by section two thousand four\nhundred thirty-three of this title.\n  (2) "Bonds" and "Notes". The bonds and notes, including any special\nprogram bonds, special school purpose bonds, recovery act bonds, and\npublic safety communications bonds respectively issued by the agency\npursuant to this title. Bonds and notes shall not include any tax lien\ncollateralized securities issued pursuant to this title.\n  (3) "Municipal Bond". A bond or note or evidence of debt payable from\nany local revenues, including taxes, assessments and rents, which a\nmunicipality may lawfully issue to finance local improvements and public\npurposes, including local ARRA bonds and local public safety\ncommunications bonds, but does not include (a) any bond or note or\nevidence of debt issued by any other state or any public body or\nmunicipal corporation thereof, (b) any special program agreement, or (c)\nany special school purpose agreement or any special school deficit\nprogram agreement.\n  4. "Municipality." Any public corporation enumerated in subdivisions\none, two, two-a, two-b, and three of section 2.00 of the local finance\nlaw.\n  (5) "State Aid". All payments and contributions made by the state to\nand in aid of a municipality as may be provided by law, other than\npayments of state contributions for old age assistance, family\nassistance, aid to the blind, aid to the disabled, safety net assistance\nand local social services administration costs.\n  (5-a) "School aid". Any apportionment of public money made by the\nstate to or for the benefit (i) of a city school district located within\na special program municipality, or (ii) a special school deficit program\ndistrict, as provided for by article seventy-three of the education law;\nprovided that, with respect to any provisions of this title relating to\nspecial school purpose bonds and special school purpose agreements, the\nterm school aid shall have the meaning set forth in section\nninety-two-aa of the state finance law.\n  (5-b) "School Aid Revenues". School aid paid or payable by the\ncomptroller to the agency pursuant to section ninety-two-aa of the state\nfinance law.\n  (5-c) "Special School Purpose School Aid Revenues". The balance of\nschool aid that does not constitute school aid revenues and that is to\nbe transferred by the comptroller to a special school purpose\nmunicipality pursuant to section ninety-two-aa of the state finance law.\n  (6) "Comptroller". The comptroller of the state of New York.\n  (7) "State". The state of New York.\n  (8) "State Agency". Any office, department, board, commission bureau,\ndivision, public benefit corporation, agency or instrumentality of the\nstate.\n  (9) "Amortized Value". When used with respect to securities purchased\nat a premium above or a discount below par, the value as of any given\ndate obtained by dividing the total amount of the premium or discount at\nwhich such securities were purchased by the number of days remaining to\nmaturity on such securities at the time of such purchase and by\nmultiplying the amount so calculated by the number of days having passed\nsince the date of such purchase; and (a) in the case of securities\npurchased at a premium, by deducting the product thus obtained from the\npurchase price, and (b) in the case of securities purchased at a\ndiscount, by adding the product thus obtained to the purchase price.\n  (10) "Debt Service Reserve Fund Requirement". With respect to any debt\nservice reserve fund created by section twenty-four hundred thirty-nine\nof this title relating to bonds other than special program bonds or\nspecial school purpose bonds or special school deficit program bonds or\nrecovery act bonds or public safety communications bonds, as of any\nparticular date of computation, an amount of money equal to the greatest\nof the respective amounts, for the then current or any succeeding\ncalendar year, of annual debt service payments required to be made to\nthe agency on all municipal bonds purchased with the proceeds of bonds\nwhich bonds are secured by such debt service reserve fund, such annual\ndebt service payments for any calendar year being an amount of money\nequal to the aggregate of (a) all interest payable during such calendar\nyear on all municipal bonds purchased by the agency and then outstanding\non said date of computation which are secured by such debt service\nreserve fund, plus (b) the principal amount of all municipal bonds\npurchased by the agency and then outstanding on said date of computation\nwhich mature during such calendar year and are secured by such debt\nservice reserve fund; and with respect to any debt service reserve fund\ncreated by section twenty-four hundred thirty-nine of this title\nrelating to an issue or issues of special program bonds or special\nschool purpose bonds or special school deficit program bonds or recovery\nact bonds or public safety communications bonds, such amount as shall be\ndetermined by the agency.\n  (11) "Sinking Fund Payments". The amount of money specified in a\nresolution authorizing term bonds as payable into a sinking fund for the\namortization of such term bonds.\n  (12) "Special Program Municipality". Any city having a population of\nless than one million but more than three hundred fifty thousand; and\nany city having a population of less than two hundred fifty thousand but\nmore than two hundred thousand, determined according to the federal\ndecennial census of nineteen hundred eighty. Such term shall also\ninclude the city of Syracuse solely for the purpose of the city of\nSyracuse and the board of education of the city school district of the\ncity of Syracuse cooperative school reconstruction act and the city of\nYonkers solely for the purpose of the Yonkers city school district joint\nschools construction and modernization act.\n  (13) "Special Program Bonds". An issue of bonds of the agency, all or\na portion of the proceeds of which are made available to a special\nprogram municipality in connection with the execution by the agency and\nsuch special program municipality of a special program agreement.\n  (14) "Special Program Agreement". An agreement between the agency and\na special program municipality entered into pursuant to section two\nthousand four hundred thirty-five-a of this title.\n  (15) "Tax Lien". An interest in or encumbrance on real property,\nwhether or not evidenced by a written instrument, arising from an unpaid\ntax, special ad valorem levy, special assessment or other charge imposed\nupon real property by or on behalf of a municipal corporation or special\ndistrict. The amount represented by a tax lien shall include all\ninterest, penalties, charges and surcharges imposed pursuant to law.\n  (16) "Tax Lien Entity". A trust, limited liability company or other\nspecial purpose entity or entities created by or at the request of the\nagency for the purpose of purchasing tax liens from municipalities and\nissuing tax lien collateralized securities or in connection with such a\npurchase or issuance.\n  (17) "Tax Lien Collateralized Securities". Bonds, notes, certificates\nof participation or other obligations issued by the agency or its tax\nlien entity the repayment of which are secured only by tax liens and any\nother funds pledged for the repayment of such securities.\n  (18) "Purchase and Sale Agreement". An agreement between the agency or\nits tax lien entity and a municipality entered into pursuant to section\ntwenty-four hundred thirty-five-b of this title.\n  (19) "Special School Purpose Municipality". For purposes of this\ntitle, a special school purpose municipality shall be (a) each of the\ncities of New York, Buffalo, Yonkers, Rochester, or Syracuse in the\nstate of New York, or (b) any school district in the state of New York\nwhich has prior year claims due and payable pursuant to section\nthirty-six hundred four of the education law as of May fifteenth, two\nthousand two which exceeds one million dollars, or (c) any school\ndistrict in the state of New York other than a city school district in a\ncity having a population of one million or more which has a prior year\nclaim due and payable pursuant to section thirty-six hundred four of the\neducation law as of February fifteenth, two thousand six which exceeds\nthirty million dollars.\n  (20) "Special School Purpose Bonds". An issue of bonds of the agency,\nall or a portion of the proceeds of which are made available to a\nspecial school purpose municipality in connection with the execution by\nthe agency and such special school purpose municipality of a special\nschool purpose agreement. The proceeds of such special school purpose\nbonds shall only be made available to a special school purpose\nmunicipality if (i) the interest payable on the special school purpose\nbonds of such special school purpose municipality qualify for exclusion\nfrom gross income for federal income tax purposes pursuant to the\nInternal Revenue Code of 1986, as amended, and (ii) under the principles\nrelating to such exclusion, such special school purpose bonds may be\nissued with a final maturity of not less than ten years.\n  (21) "Special School Purpose Agreement". An agreement between the\nagency and a special school purpose municipality entered into pursuant\nto section two thousand four hundred thirty-five-d of this title.\n  (22) "Special School Deficit Program District". The enlarged city\nschool district of the city of Troy in the state of New York is a\nspecial school deficit program district for the purposes of this\nchapter.\n  (23) "Special School Deficit Program Bonds". An issue of bonds of the\nagency, all or a portion of the proceeds of which are made available to\na special school deficit program district in connection with the\nexecution by the agency and such special school deficit program district\nof a special school deficit program agreement.\n  (24) "Special School Deficit Program Agreement". An agreement between\nthe agency and a special school deficit program district entered into\npursuant to section two thousand four hundred thirty-five-e of this\ntitle.\n  (25) "Public safety communications bonds". Bonds of the agency, all or\na portion of the proceeds of which are used to purchase a local public\nsafety communication bond. The amount of such bonds issued by the agency\nshall not exceed one billion dollars.\n  (26) "Recovery Act Bonds". An issue of bonds of the agency, all or a\nportion of the proceeds of which are used to purchase local ARRA bonds.\n  (27) "Local ARRA Bonds". A municipal bond issued to finance or\nrefinance purposes eligible, in whole or in part, for subsidies or tax\ncredits under the American Recovery and Reinvestment Act of 2009.\n  (28) "Local public safety communications bonds". A municipal bond\nissued to finance or fund all or a portion of the costs of building\nregional, interoperable public communications networks for statewide use\nby first-responder agencies in the state, including equipment and\nincidental costs. Local public safety communication bonds may also be\nissued to refinance outstanding bonds issued by municipalities for the\npurposes described herein provided that present value savings are\nrealized from such a refunding.\n
N.Y. PBA Law § 2452 — New York Code / Act PBA / Article 8 / Title 18 / Section 2452
Inconsistent provisions of other laws superseded
Status: in_force

§ 2452. Inconsistent provisions of other laws superseded. Insofar as\nthe provisions of this title are inconsistent with the provisions of any\nother law, general, special or local, the provisions of this title shall\nbe controlling.\n
N.Y. PBA Law § 2450 — New York Code / Act PBA / Article 8 / Title 18 / Section 2450
Annual report
Status: in_force

§ 2450. Annual report. The agency shall submit to the governor, the\nchairman of the senate finance committee, the chairman of the assembly\nways and means committee, the comptroller and the director of the budget\nwithin six months after the end of its fiscal year, a complete and\ndetailed report setting forth: (1) its operations and accomplishments;\n(2) its receipts and expenditures during such fiscal year in accordance\nwith the categories or classifications established by the agency for its\noperating and capital outlay purposes, including a listing of all\nprivate consultants engaged by the agency on a contract basis and a\nstatement of the total amount paid to each such private consultant; (3)\nits assets and liabilities at the end of its fiscal year, including a\nschedule of the municipal bonds held and the status of reserve, special\nor other funds; and (4) a schedule of its bonds and notes outstanding at\nthe end of its fiscal year, together with a statement of the amounts\nredeemed and incurred during such fiscal year.\n
N.Y. PBA Law § 1600-F — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-F
Conveyance of property by the village to the authority; acquisition of property by the village or by the authority
Status: in_force

* § 1600-f. Conveyance of property by the village to the authority;\nacquisition of property by the village or by the authority. 1. The\nvillage may, by resolution or resolutions of the village board or by\ninstruments authorized by such resolutions, convey, with or without\nconsideration, to the authority real and personal property owned by the\nvillage for use by the authority as a project or projects or a part\nthereof or in connection therewith and pledge and pay to the authority,\nas security for its bonds, notes or other liabilities, certain revenues\nand income of the village from parking facilities owned or operated by\nthe village. In case of real property so conveyed, the title thereto\nshall remain in the village but the authority shall have the use and\noccupancy thereof for so long as its corporate existence shall continue,\nunless otherwise provided for by the authority and the village. In the\ncase of personal property so conveyed, the title shall pass to the\nauthority.\n  2. The village may acquire by gift, purchase or condemnation real\nproperty in the name of the village for any of the projects or for the\nwidening of existing roads, streets, parkways, avenues or highways or\nfor new roads, streets, parkways, avenues or highways to any of the\nprojects, or partly for such purposes and partly for other village\npurposes, by gift, purchase or condemnation in the manner provided by\nlaw for the acquisition of real property by the village. For like\npurposes, the village may close such streets, roads, parkways, avenues,\nor highways as may be necessary or convenient, except as to state\nhighways and arterial ways which may not be closed without the consent\nof the state commissioner of transportation.\n  3. Contracts may be entered into between the village and the authority\nproviding for the property to be conveyed or pledged and paid by the\nvillage to the authority, the additional property to be acquired by the\nvillage and so conveyed, the streets, roads, parkways, avenues, and\nhighways to be closed by the village and the amounts, terms and\nconditions of payment to be made by the authority. Such contracts may\nalso contain covenants by the village as to the road, street, parkway,\navenue and highway improvements to be made by the village and as to such\nmatters which pertain to any conveyance or pledge and payment of moneys\nor property to the authority. Any such contracts between the village and\nthe authority may be pledged by the authority to secure its bonds and\nnotes and may not be modified thereafter except as provided by the terms\nof such contract and such pledge. The village board of trustees may\nauthorize such contracts between the village and the authority and no\nother authorization on the part of the village for such contracts shall\nbe necessary. Any such contracts may be so authorized and entered into\nby the village and in such manner as the village board of trustees may\ndetermine, and the payments required to be made by the village may be\nmade and financed notwithstanding that no provision therefor shall have\nfirst been made in the capital budget of the village. All contractual or\nother obligations of the village incurred in carrying out the provisions\nof this title shall be included in and provided for by each capital\nbudget of the village thereafter made, if and to the extent that they\nmay appropriately be included therein.\n  4. Subject to subsection (4) of section sixteen hundred-d hereof, the\nauthority may itself, subject to prior approval of the village board of\ntrustees, acquire, in the name of the village, real property necessary\nor convenient in connection with any project at the cost and expense of\nthe authority by purchase or condemnation pursuant to the condemnation\nlaw or pursuant to the laws relating to the condemnation of land by the\nvillage. The authority shall have the use and occupancy of such real\nproperty so long as its corporate existence shall continue.\n  5. In case the authority shall have the use and occupancy of any real\nproperty which it shall determine is no longer required for a project,\nthen, if such real property was acquired at the cost and expense of the\nvillage, the authority shall have power to surrender its use and\noccupancy thereof to the village, or, if such real property was acquired\nat the cost and expense of the authority, then the authority shall have\npower to sell, lease or otherwise dispose of said real property at\npublic or private sale, and shall retain and have the power to use the\nproceeds of sale, rentals or other moneys derived from the disposition\nthereof for its purposes.\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 2430 — New York Code / Act PBA / Article 8 / Title 18 / Section 2430
Short title
Status: in_force

§ 2430. Short title. This title shall be known and may be cited as the\n"state of New York municipal bond bank agency act"\n
N.Y. PBA Law § 1600-L — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-L
State and village not liable on bonds
Status: in_force

* § 1600-l. State and village not liable on bonds. The bonds, notes\nand other obligations of the authority shall not be a debt of the state\nof New York or of the village, and neither the state nor the village\nshall be liable thereon, nor shall they be payable out of any funds\nother than those of the authority.\n  * NB Ceased to exist December 31, 1999\n
N.Y. ENV Law § 27-1807 — New York Code / Act ENV / Article 27 / Title 18 / Section 27-1807
Rechargeable battery recycling program
Status: in_force

§ 27-1807. Rechargeable battery recycling program.\n  1. Rechargeable batteries shall be returned to a retailer that sells\nsuch batteries that are similar in shape, size, function and weight to\nthose to be disposed of. Rechargeable batteries contained in electronic\nproducts must be removed prior to disposal of such product.\n  a. Retailers having a place of business in the state shall accept from\nconsumers at any time during normal business hours rechargeable\nbatteries of a similar shape, size, function and weight as the retailer\noffers for sale; provided, however, that any acceptance of batteries\nfrom electric scooters or bicycles with electric assist shall be\nvoluntary, and shall only be permissible at retailers which offer for\nsale electric scooters or bicycles with electric assist or their\nbatteries. Retailers shall take up to ten such batteries, provided,\nhowever, with respect to rechargeable batteries defined in subparagraph\n(ii) of paragraph (a) of subdivision four of section 27-1803 of this\ntitle, retailers shall take up to five such batteries, per day from any\nperson regardless of whether such person purchases replacement\nbatteries, and retailers shall also accept as many such batteries as a\nconsumer purchases from the retailer, except for batteries from electric\nscooters or bicycles with electric assist. Retailers, other than\nretailers not participating as a collection site who sell electric\nscooters or bicycles with electric assist or their batteries and no\nother types of rechargeable batteries, shall conspicuously post and\nmaintain, at or near the point of entry to the place of business, a\nlegible sign, not less than eight and one-half inches by eleven inches\nin size, stating that used rechargeable batteries of the size and shape\nsold or offered for sale by the retailer may not enter the solid waste\nstream, and that the retail establishment is a collection site for\nrecycling such batteries. Such sign shall state the following in letters\nat least one inch in height: "It is illegal to dispose of rechargeable\nbatteries in the state of New York as solid waste. We accept used\nrechargeable batteries for return to the manufacturer."\n  b. Retailers that sell rechargeable batteries to consumers in the\nstate through non-retail outlets such as through catalogs, or by mail,\ntelephone or the internet shall provide at the time of purchase or\ndelivery to the consumer notice of an opportunity to return used\nrechargeable batteries at no cost to the consumer for reuse or\nrecycling.\n  c. Retailers in the state, other than retailers not participating as a\ncollection site who sell electric scooters or bicycles with electric\nassist or their batteries and no other types of rechargeable batteries,\nshall conspicuously maintain, at a location within the retail\nestablishment that is convenient for use by consumers, collection boxes\nor other suitable receptacles, supplied by the manufacturer, into which\nconsumers may safely deposit used rechargeable batteries.\n  d. Retailers shall not accept rechargeable batteries defined in\nsubparagraph (ii) of paragraph (a) of subdivision four of section\n27-1803 of this title that are damaged, defective, or recalled.\n  e. Retailers may not sell or offer for sale to consumers in the state\nrechargeable batteries unless the battery manufacturer is operating in\naccordance with a collection, transportation, and recycling plan\napproved by the commissioner. The commissioner shall maintain on the\ndepartment's website a list of manufacturers operating in accordance\nwith approved plans, and the brands covered by such manufacturer's\nplans. No retailer shall be in violation of the requirements of this\nparagraph if, at the date the rechargeable battery was made available\nfor sale, the battery manufacturer of such battery was on the list of\nmanufacturers operating in accordance with an approved plan maintained\non the department's website.\n  f. Retailers must be in compliance with the provisions of this\nsubdivision no later than one hundred eighty days after the effective\ndate of this title or, with respect to a rechargeable battery defined in\nsubparagraph (ii) of paragraph (a) of subdivision four of section\n27-1803 of this title, and with respect to the requirements of paragraph\ne of this subdivision one year after the effective date of the chapter\nof the laws of two thousand twenty-five which amended this title, or\nwhen the commissioner has approved a new or updated plan in compliance\nwith such chapter, whichever is later.\n  2. Every battery manufacturer, or any combination of battery\nmanufacturers working together, shall, at the battery manufacturer's own\nexpense, arrange for the return of, and recycling of: all used\nrechargeable batteries collected by retailers; and all rechargeable\nbatteries from electric scooters or bicycles with electric assist, and\nsuch batteries that are damaged, defective, or recalled, that are\ncollected at permitted household hazardous waste collection sites,\nregistered household hazardous waste collection events, appropriate\nmunicipal sites, and other collection sites described in the approved\nplan. Every battery manufacturer or any combination of battery\nmanufacturers working together, shall be responsible for, at a minimum,\nthe following:\n  a. (i) Within ninety days of the effective date of this title or, with\nrespect to rechargeable batteries defined in subparagraph (ii) of\nparagraph (a) of subdivision four of section 27-1803 of this title,\nwithin one hundred eighty days of the effective date of the chapter of\nthe laws of two thousand twenty-five that amended such paragraph,\nsubmittance to the commissioner of a new or updated plan that identifies\nthe methods by which battery manufacturers will safely and promptly\ncollect, transport, and recycle rechargeable batteries collected by\nretailers, permitted household hazardous waste collection sites and\nregistered household hazardous waste collection events, appropriate\nmunicipal sites, and other collection sites described in the plan, at\nthe expense of the battery manufacturer, including the procedures to\npromptly and regularly remove batteries from these locations, and\nprovide retailers and collection sites with information on the safe\nhandling and storage of rechargeable batteries.\n  (ii) With respect to rechargeable batteries defined in subparagraph\n(ii) of paragraph (a) of subdivision four of section 27-1803 of this\ntitle, the plan shall:\n  (1) propose for the department's approval a geographic distribution of\ncollection sites to be established to maximize the opportunity for the\nsafe collection of rechargeable batteries and be sufficient to meet the\nneeds of consumers in an ongoing and convenient manner. Such proposal\nmay consider registered household hazardous waste collection events,\nprovided however, such events shall not alone be considered sufficient\nto meet the needs of consumers in an ongoing and convenient manner;\n  (2) minimize the co-location of collection sites with residential\nhousing, to the extent feasible;\n  (3) be consistent with state and local fire prevention and building\ncode council standards;\n  (4) identify the criteria by which rechargeable batteries will be\ndetermined to be damaged, defective, or recalled, and how such\ninformation will be communicated to retailers and customers; and\n  (5) include provisions to ensure that employees of collection sites\nwho handle or have responsibility for managing such batteries are\ninformed about proper handling and emergency procedures.\n  a-1. The reimbursement to local governments of all costs incurred in\nrelation to the collection of rechargeable batteries from electric\nscooters or bicycles with electric assist, including, but not limited\nto, costs associated with safety training and storage.\n  a-2. The provision of appropriate containers and other equipment to\nretailers and collection sites for the safe storage and handling of\nrechargeable batteries.\n  b. Submittance to the department of annual reports, on a form\nprescribed by the department, concerning: (i) the amount of rechargeable\nbatteries received within the state and recycled either by number or by\nweight, including the weight of rechargeable batteries defined in\nsubparagraph (ii) of paragraph a of subdivision four of section 27-1803\nof this title received within the state as well as within a city with a\npopulation of one million or more; (ii) the location and address of all\ncollection sites and events and the amount of rechargeable batteries\ncollected at each site or event; (iii) the costs of the efforts\ndescribed in subparagraphs (i) and (ii) of this paragraph, including any\nreimbursements to municipalities; and (iv) any other relevant\ninformation as required by the department.\n  c. Undertaking of efforts to educate the citizens of the state\nregarding the appropriate ways to recycle rechargeable batteries, which,\nat a minimum, shall include:\n  (i) information regarding the location of retailers, collection sites,\nand events, including hours of operation and rechargeable battery type\nacceptance;\n  (ii) retailer collection site safety training and outreach, including\nprocedures for handling, storing, and transporting damaged or recalled\nrechargeable batteries;\n  (iii) information for relevant municipalities regarding reimbursement;\nand\n  (iv) promotional activities in support of program implementation,\nincluding the maintenance of a website, distribution of educational\nmaterials and guidance, and the use of relevant media platforms, and\nother activities to maximize public awareness of collection sites.\n  d. Providing for the safe and prompt collection and recycling or\nproper disposal of batteries from electric scooters or bicycles with\nelectric assist, collected by retailers of electric scooters, bicycles\nwith electric assist, or their batteries and accepted by permitted\nhousehold hazardous waste collection sites and registered household\nhazardous waste collection events, appropriate municipal sites and other\ncollection sites described in the plan.\n  e. Providing for the safe and prompt collection, recycling, and\ndisposal of damaged, defective, and recalled rechargeable batteries\naccepted by permitted household hazardous waste collection sites and\nregistered household hazardous waste collection events.\n  2-a. A battery manufacturer may not sell, offer for sale, or\ndistribute rechargeable batteries, excluding rechargeable batteries\ndefined in subparagraph (ii) of paragraph (a) of subdivision four of\nsection 27-1803 of this title, in the state unless the battery\nmanufacturer is implementing or participating under an approved plan in\naccordance with this section. Provided however, beginning January first,\ntwo thousand twenty-seven, a battery manufacturer of rechargeable\nbatteries defined in subparagraph (ii) of paragraph (a) of subdivision\nfour of section 27-1803 of this title may not sell, offer for sale, or\ndistribute such rechargeable batteries in the state unless the battery\nmanufacturer is implementing or participating under an approved plan in\naccordance with this section.\n  3. The commissioner shall approve or reject any battery manufacturer's\ncollection, transportation, and recycling plans described in paragraph a\nof subdivision two of this section within ninety days of submission and,\nif rejected, inform the battery manufacturer in writing as to any\ndeficiencies in said plan. Battery manufacturers shall amend and\nresubmit any rejected plans for reconsideration within sixty days of\nnotification of the rejection of said plan. The commissioner shall\napprove or reject said plan within thirty days of resubmission and shall\nmake any approved plan public on the department's website.\n  4. The commissioner shall analyze the information provided by battery\nmanufacturers pursuant to paragraph b of subdivision two of this section\nand report such analysis to the governor and the legislature every two\nyears. Provided further, that the department shall, no later than\nJanuary first, two thousand thirty-one, make public a report examining\nvoluntary collection by retailers of rechargeable batteries from\nelectric scooters or bicycles with electric assist established pursuant\nto paragraph a of subdivision one of this section. Such report, shall,\nat a minimum:\n  (i) examine information, if available, provided to the department from\nmanufacturers in their annual reports, including any known or identified\nbarriers to the voluntary participation of retailers to serve as\ncollection sites, and any concerns submitted to the department;\n  (ii) identify retailers participating voluntarily and examine any\ntrends in the number and location of retailers participating\nvoluntarily;\n  (iii) evaluate the need for additional collection sites and if the\nexisting number and location of collection sites is sufficient to meet\nthe needs of consumers in an ongoing and convenient manner; and\n  (iv) recommend to the legislature any changes to such law, including\nan assessment of whether it is safe and feasible to expand the\ncollection requirements of retailers of rechargeable batteries from\nelectric scooters or bicycles with electric assist.\n  5. The commissioner is authorized to promulgate any rules and\nregulations needed to implement this title.\n  6. The department, when approving or rejecting any updates to a\nbattery manufacturer's collection, transportation, and recycling plans\ndescribed in paragraph a of subdivision two of this section relating to\nthe inclusion of batteries defined in subparagraph (ii) of paragraph (a)\nof subdivision four of section 27-1803 of this title, shall solicit\ninput from the office of fire prevention and control in the division of\nhomeland security and emergency services, and with respect to the parts\nof such plan directly related to the city of New York, the fire\ndepartment of the city of New York.\n
N.Y. ENV Law § 27-1801 — New York Code / Act ENV / Article 27 / Title 18 / Section 27-1801
Short title
Status: in_force

§ 27-1801. Short title.\n  This title shall be known as and may be cited as the "Extended\nProducer Responsibility Law for Rechargeable Batteries".\n
N.Y. PBA Law § 2436-B — New York Code / Act PBA / Article 8 / Title 18 / Section 2436-B
Local ARRA bonds
Status: in_force

§ 2436-b. Local ARRA bonds. (1) The agency may purchase local ARRA\nbonds using the proceeds of recovery act bonds, subject to the\nprovisions of this section and to any other provision of law applicable\nto the municipality and bonds it issues, including any debt limitation\napplicable to the municipality that issued the local ARRA bond, as well\nas to the other provisions of this title. To the extent that any such\nother provision of law conflicts with a provision of this section, the\nprovision of this section shall control, except as otherwise stated.\n  (2) Subject to the provisions of this section:\n  (a) Local ARRA bonds issued by a county, except a county wholly within\na city, may be additionally secured by a pledge to the agency of its\navailable county sales tax revenues subject to the provisions of\nsubdivision five of this section.\n  (b) Local ARRA bonds issued by a city may be additionally secured by a\npledge to the agency of its available city sales tax revenues or its\navailable mortgage recording tax revenues, or both subject to the\nprovisions of subdivision five of this section.\n  (c) Local ARRA bonds issued by a town may be additionally secured by a\npledge to the agency of its available mortgage recording tax revenues\nsubject to the provisions of subdivision five of this section.\n  (d) Local ARRA bonds issued by a village may be additionally secured\nby a pledge to the agency of its available mortgage recording tax\nrevenues subject to the provisions of subdivision five of this section.\n  (3) (a) Nothing contained in this title shall limit the right and\nobligations of a municipality to comply with the provisions of any\nexisting contract with or for the benefit of the holders of any of its\nother bonds, notes or other obligations.\n  (b) Nothing contained in this title shall be construed to limit the\npower of a municipality to determine, from time to time, within\navailable funds for the municipality, the purposes for which\nexpenditures are to be made by the municipality and the amounts of such\nexpenditures.\n  (c) Nothing contained in this title shall alter, limit, modify or\nimpair the right of any school district or of any city, town, or village\nwithin a county to receive from the county net collections, as\nauthorized by section twelve hundred sixty-two of the tax law or other\napplicable provision of part four of article twenty-nine of the tax law\nor by an unconsolidated state law that notwithstands such provision of\nthe tax law, from the county's sales and compensating use taxes imposed\npursuant to the authority of subpart B of part one of article\ntwenty-nine of the tax law. Further, nothing contained in this title\nshall alter, limit, modify or impair the right of any city or town\nwithin a county to receive from the county the net amount of mortgage\nrecording tax revenues imposed by subdivision one of section two hundred\nfifty-three of the tax law, as authorized by subdivision three of\nsection two hundred sixty-one of the tax law.\n  (d) The agency's recovery act bonds secured by payments of principal\nand interest due with respect to local ARRA bonds shall not be a debt of\neither the state or any municipality, and neither the state nor any\nmunicipality shall be liable thereon, nor shall they be payable out of\nany funds other than those of the agency; and such recovery act bonds\nshall contain on the face thereof a statement to such effect.\n  (e) Subject to the provisions of any contract with holders of bonds,\nnotes or other obligations, proceeds of recovery act bonds to be paid to\na municipality to purchase its local ARRA bonds shall be paid to the\nmunicipality and shall not be commingled with any other money of the\nagency.\n  (f) Nothing contained in this title shall be construed to create a\ndebt of the state within the meaning of any constitutional or statutory\nprovisions. Any provision with respect to state aid shall be deemed\nexecutory only to the extent of moneys available, and no liability shall\nbe incurred by the state beyond the moneys available for that purpose,\nand any payment to be made by the comptroller of state aid is subject to\nannual appropriation of state aid by the state legislature.\n  (g) Nothing contained in this title shall be deemed to restrict the\nright of the state to amend, repeal, modify, or otherwise alter any\nprovision of law relating to state aid to municipalities. The agency\nshall include in any resolution, contract, or agreement with holders of\nits bonds, notes or other obligations a provision which states that no\ndefault occurs as a result of the state's exercising its right to amend,\nrepeal, modify, or otherwise alter any provision of law relating to\nstate aid to municipalities.\n  (4) (a) A municipality may covenant and agree that the municipality\nwill not limit, alter or impair the rights hereby vested in the agency\nto fulfill the terms of any agreements made with holders of the agency's\nrecovery act bonds, the proceeds of which were used to purchase the\nmunicipality's local ARRA bonds, such holders pursuant to this title, or\nin any way impair the rights and remedies of such holders or the\nsecurity for such bonds, until such bonds, together with the interest\nthereon and all costs and expenses in connection with any action or\nproceeding by or on behalf of such holders, are fully paid and\ndischarged. Nothing contained in this title shall be deemed to restrict\nany right of the municipality to amend, modify, repeal or otherwise\nalter any local laws, ordinances or resolutions imposing or relating to\ntaxes or fees, or appropriations relating to such taxes or fees, or\nsetting aside or allocating and applying, paying or using net\ncollections pursuant to the authority of part four of article\ntwenty-nine of the tax law or pursuant to the authority of any other\nprovision of state law that notwithstands a provision of such part, so\nlong as, after giving effect to such amendment, modification or other\nalteration, the aggregate amount as then projected by the municipality\nof (i) sales and compensating use taxes imposed by the municipality\npursuant to the authority of subpart B of part one of article\ntwenty-nine of the tax law (to the extent that the municipality is\nauthorized to impose such taxes and is imposing them at the time it\nissues its local ARRA bonds); and (ii) all such net collections to be\nset aside or to be allocated and applied, paid or used by the\nmunicipality pursuant to the authority of part four of article\ntwenty-nine of the tax law or pursuant to any other provision of state\nlaw that notwithstands a provision of such part four during each of the\nagency's fiscal years following the effective date of such amendment,\nmodification or other alteration shall be not less than two hundred\npercent of maximum annual debt service on the municipality's local ARRA\nbonds then outstanding. Notwithstanding anything to the contrary in this\nsection, a municipality that imposes sales and compensating use taxes at\nthe time it issues local ARRA bonds further agrees that it shall\ncontinue to impose such taxes during the time such bonds are outstanding\nat the maximum rate authorized therefor, without regard to any\nadditional rate, provided that any increase in the rate of such taxes to\nsatisfy this obligation shall comply with the applicable provisions of\nsubpart B of part one of article twenty-nine of the tax law.\n  (b) Any such agreement with a municipality may be pledged by the\nagency to secure its recovery act bonds used to purchase local ARRA\nbonds issued by that municipality and may not be modified thereafter\nexcept as provided by the terms of the pledge or subsequent agreements\nwith the holders of such recovery act bonds.\n  (c) The agency shall not include within any resolution, contract or\nagreement with holders of recovery act bonds any provision which\nprovides that a default occurs as a result of a municipality exercising\nits right to amend, modify, repeal or otherwise alter such taxes, fees\nor appropriations or such net collections. Nothing in this title shall\nbe deemed to obligate a municipality to make any payments or impose any\ntaxes or set aside or allocate and apply, pay or use net collections\npursuant to the authority of part four of article twenty-nine of the tax\nlaw or pursuant to the authority of an unconsolidated state law that\nnotwithstands a provision of such part; except that a municipality shall\nimpose taxes pursuant to the authority of subpart B of part one of\narticle twenty-nine of the tax law at the maximum rate authorized\ntherefor, without regard to any additional rate, provided that any\nincrease in the rate of such taxes to satisfy this obligation shall\ncomply with the applicable provisions of subpart B of part one of\narticle twenty-nine of the tax law.\n  (5) (a) If a municipality fails to pay to the agency any principal or\ninterest due on its local ARRA bonds secured by a pledge of its\navailable local sales and use tax revenues or its available mortgage\nrecording tax revenues, or both, as described in subdivision two of this\nsection, the chairman of the agency shall notify the comptroller in\nwriting that such municipality has failed to meet its obligations. Such\nnotice shall set forth in detail the term, amount, interest rate, and\npayment schedule of the local ARRA bonds in default, and the exact\namounts of principal and interest due from such municipality in default.\nThe agency shall provide a copy of such notice to the chief fiscal\nofficer of such municipality in default and, in the case of a default by\na city, town, or village with respect to local ARRA bonds secured by\nmortgage recording tax revenues, also to the chief fiscal officer of the\ncounty in which the city, town, or village is located. The agency shall\nprovide such notice to the comptroller at least thirty days prior to the\ndate that the comptroller is expected to withhold and pay over local\nsales and use tax revenues to the agency.\n  (b) Upon the comptroller receiving such complete, certified written\nnotice from the agency, the comptroller shall, notwithstanding any\nprovision of section twelve hundred sixty-one of the tax law to the\ncontrary, pay to the agency, on or before the fifteenth day of each\nmonth, all or a portion of the local sales and use tax revenues due the\nmunicipality in default, until the amount certified in default has been\nextinguished. The comptroller shall make such payments to the agency\nonly out of net collections not otherwise pledged, required to be\nintercepted or otherwise encumbered by provisions of law in effect\nimmediately prior to the date the municipality's local ARRA bonds\nsecured by a pledge authorized by this section shall have been issued.\n  (c) Upon receiving such complete, certified written notice from the\nagency, the chief fiscal officer of a county, notwithstanding the\nprovisions of section two hundred sixty-one of the tax law, shall pay\nover to the comptroller, the net amount of mortgage recording tax\nrevenues imposed by subdivision one of section two hundred fifty-three\nof the tax law due to the city, town, or village in default. The chief\nfiscal officer of the county shall continue to make those payments to\nthe comptroller until the agency sends certified notice to the officer\nand to the comptroller that the city or town is no longer in default.\nThe comptroller shall pay to the agency, on or before the fifteenth day\nof each month, all or a portion of the mortgage recording tax revenues\nreceived from the chief fiscal officer of the county, until the amount\ncertified in default has been extinguished.\n  (d) Such payments by the comptroller to the agency shall be made on\naccount of, and for the benefit of, the municipality in default. If so\nrequested by the agency, as indicated in its certified notice to the\ncomptroller, the comptroller shall make such payments to a trustee\npursuant to an indenture for holders of the recovery act bonds issued by\nthe agency that were used to purchase the municipality's local ARRA\nbonds in default. Such payments by the comptroller on behalf of such\nmunicipality shall be applied by the agency or, if paid directly to the\ntrustee, by such trustee, to cure that municipality's default. To the\nextent the comptroller makes any such payment to the agency or to such a\ntrustee, the municipality's default shall be cured.\n  (e) The comptroller shall not be responsible for any inaccuracy in the\namount of such payments based upon the notice furnished by the agency.\nThe comptroller shall not be required to make payments under this\nsubdivision which are greater than the amounts of local sales and use\ntax revenues due the municipality, as certified to the comptroller by\nthe commissioner of taxation and finance as provided in subdivision (c)\nof section twelve hundred sixty-one of the tax law (subject to the\nlimitation in paragraph (b) of this subdivision), or which are greater\nthan the amount of net mortgage recording tax revenues paid to the\ncomptroller by the chief fiscal officer of the county. After the\ncomptroller makes any payments of net collections required under this\nsection, the comptroller shall pay any balance of net collections due\nsuch municipality to such municipality in the manner provided in\nsubdivision (c) of section twelve hundred sixty-one of the tax law or\nother applicable law. The comptroller shall be required to make payments\nunder this section for only so long as the municipality is in default as\ncertified in the agency's notice to the comptroller.\n  (f) The authority in this section to withhold local sales and use tax\nrevenues and mortgage recording tax revenues and pay them over to the\nagency shall be in addition to the state aid guaranty set forth in\nsection twenty four hundred thirty-six of this title; and the agency may\ncertify that either or both revenue sources may be withheld to the\nextent necessary to satisfy the municipality's unmet obligations to the\nagency.\n  (g) Any withholding of revenues pursuant to this subdivision or state\naid pursuant to section twenty-four hundred thirty-six of this title\nwith respect to local ARRA bonds shall be made in consultation with the\ndirector of the budget of the state; provided, however, such\nconsultation shall not delay or otherwise adversely affect the agency's\nright to receive timely payment of such revenues and/or state aid.\n  (6) When used in this section, the following terms shall have the\nfollowing meanings unless the context clearly indicates otherwise:\n  (a) "Sales and compensating use taxes" means taxes imposed by a county\nor city pursuant to the authority of subpart B of part one of article\ntwenty-nine of the tax law.\n  (b) "Net collections" shall have the same meaning as in subdivision\n(f) of section twelve hundred sixty-two of the tax law.\n  (c) "County sales tax revenues" means net collections set aside for\ncounty purposes pursuant to subdivision (a) of section twelve hundred\nsixty-two of the tax law or other applicable provision of part four of\narticle twenty-nine of the tax law, from a county's sales and\ncompensating use taxes.\n  (d) "City sales tax revenues" means net collections from a city's\nsales and compensating use taxes.\n  (e) "Municipality" means municipality as defined in paragraph one of\nsection 2.00 of the local finance law.\n  (f) "Local sales and use tax revenues" means any of the tax revenues\ndefined in paragraph (c) or (d) of this subdivision, or any combination\nof them, as the case may be.\n  (g) "Secure" means a pledge of sales and compensating use taxes or\nmortgage recording taxes for the purposes of default by a municipality\nas a result of a failure to pay debt service on its local ARRA bonds.\n
N.Y. PBA Law § 2440 — New York Code / Act PBA / Article 8 / Title 18 / Section 2440
Remedies of bondholders and noteholders
Status: in_force

§ 2440. Remedies of bondholders and noteholders. (1) In the event that\nthe agency shall default in the payment of principal or of interest on\nany issue of bonds or notes after the same shall become due, whether at\nmaturity or upon call for redemption, and such default shall continue\nfor a period of thirty days, or in the event that the agency shall fail\nor refuse to comply with the provisions of this title, or shall default\nin any agreement made with the holders of any issue of bonds or notes,\nthe holders of twenty-five per centum in aggregate principal amount of\nthe bonds or notes of such issue then outstanding, by instrument or\ninstruments filed in the office of the clerk of the county in which the\nprincipal office of the agency is located, and proved or acknowledged in\nthe same manner as a deed to be recorded, may appoint a trustee to\nrepresent the holders of such bonds or notes for the purposes herein\nprovided.\n  (2) Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds or notes then\noutstanding shall, in his or its own name.\n  (a) enforce all rights of the bondholders or noteholders, including\nthe right to require the agency to collect interest and principal\npayments on the bonds held by it adequate to carry out any agreement as\nto, or pledge of, such interest and principal payments, and to require\nthe agency to carry out any other agreements with the holders of such\nbonds or notes and to perform its duties under this title:\n  (b) bring suit upon such bonds or notes:\n  (c) by action or suit, require the agency to account as if it were the\ntrustee of an express trust for the holders of such bonds or notes:\n  (d) by action or suit, enjoin any acts or things which may be unlawful\nor in violation of the rights of the holders of such bonds or notes:\n  (e) declare all such bonds or notes due and payable and if all\ndefaults shall be made good then with the consent of the holders of\ntwenty-five per centum of the principal amount of such bonds or notes\nthen outstanding, to annul such declaration and its consequences.\n  (3) Such trustee shall in addition to the foregoing have and possess\nall the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  (4) Before declaring the principal of bonds or notes due and payable,\nthe trustee shall first give thirty days' notice in writing to the\ngovernor, to the agency and to the attorney general of the state.\n  (5) The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders or noteholders. The\nvenue of any such suit, action, or proceeding shall be laid in the\ncounty in which the principal office of the agency is located.\n  (6) The remedies granted by this section shall not apply to tax lien\ncollateralized securities. The remedies available to the holders of such\nsecurities shall be expressly limited to those set forth in the contract\nwith the owners of such securities.\n
N.Y. PBA Law § 1600-O — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-O
Tax contract by the state
Status: in_force

* § 1600-o. Tax contract by the state. The state of New York covenants\nwith the purchasers and with all subsequent holders and transferees of\nbonds or notes issued by the authority pursuant to this title, in\nconsideration of the acceptance of and payment for the bonds or notes,\nthat the bonds or notes of the authority issued pursuant to this title\nand the income therefrom, and all moneys, funds and revenues pledged to\npay or secure the payment of such bonds or notes, shall at all times be\nfree from taxation except for estate taxes and taxes on transfers by or\nin contemplation of death.\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 1600-E — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-E
Civil service status of officers and employees
Status: in_force

* § 1600-e. Civil service status of officers and employees. Officers\nand employees of any board, commission or department of the village may\nbe transferred to the authority in accordance with the provisions of the\ncivil service law and shall be eligible for such transfer and\nappointment without examination to offices and positions under the\nauthority. Officers and employees of the village who are members or\nbeneficiaries of any existing pension or retirement system shall\ncontinue to have the rights, privileges, obligations and status with\nrespect to such system or systems as are now prescribed by law, and all\nsuch employees who have been appointed to positions in the service of\nthe village shall have the same status with respect thereto after\ntransfer to the authority as they had under their original appointments.\nThe appointment and promotion of all employees of the authority shall be\nmade in accordance with the provisions of the civil service law and all\nemployees of the authority may have the same rights and benefits as\nvillage employees.\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 2442 — New York Code / Act PBA / Article 8 / Title 18 / Section 2442
Agreement of the state
Status: in_force

§ 2442. Agreement of the state. (1) The state of New York does hereby\npledge to and agree with the holders of any bonds, notes or tax lien\ncollateralized securities issued under this title that the state will\nnot limit or alter the rights hereby vested in the agency to fulfill the\nterms of any agreements made with the holders thereof, or in any way\nimpair the rights and remedies of such holders until such bond, notes or\ntax lien collateralized securities together with the interest thereon,\nwith interest on any unpaid installments of interest, and all costs and\nexpenses in connection with any action or proceedings by or on behalf of\nsuch holders, are fully met and discharged. The agency is authorized to\ninclude this pledge and agreement of the state in any agreement with the\nholders of such bonds, notes or tax lien collateralized securities.\nNothing contained in this title shall be deemed to restrict any right of\nthe state to amend, modify, repeal or otherwise alter (a) any provision\nof law relating to state aid, or (b) statutes imposing or relating to\ntaxes or fees, or (c) appropriations relating thereto.\n  (2) The agency shall not include within any resolution, contract or\nagreement with holders of the bonds, notes or other obligations issued\nunder this title any provision which provides that a default occurs as a\nresult of the state exercising its right to amend, modify, or repeal or\notherwise alter (a) any provision of law relating to state aid; or (b)\nstatutes imposing or relating to taxes or fees, or (c) appropriations\nrelating thereto. Nothing in this title shall be deemed to obligate the\nstate to make any payments or impose any taxes to satisfy the debt\nservice obligations of the agency.\n
N.Y. PBA Law § 1600-N — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-N
Tax exemptions
Status: in_force

* § 1600-n. Tax exemptions. 1. It is hereby determined that the\ncreation of the authority and the carrying out of its corporate purposes\nis in all respects for the benefit of the people of the village of\nTarrytown and its environs, and is a public purpose, and the authority\nshall be regarded as performing an essential governmental function in\nthe exercise of the powers conferred upon it by this title and shall be\nrequired to pay no taxes or assessments upon any of the property\nacquired by it or under its jurisdiction or control or supervision or\nupon its activities.\n  2. Any bonds or notes issued pursuant to this title, together with the\nincome therefrom, as well as the property of the authority, shall be\nexempt from taxation, except for transfer and estate taxes.\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 1600-I — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-I
Bonds of the authority
Status: in_force

* § 1600-i. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue its negotiable\nbonds, without limitation as to amount, for any of its corporate\npurposes and to pay such expenses, costs and payments as may be deemed\nby the board necessary or desirable to or in connection with the\nacquisition, construction, reconstruction, improving, equipping and\nfurnishing of any project and the financing thereof, including surveys,\nplanning, provisions for capitalized interest, reserve funds and\nappropriate feasibility studies, and for the placing of the project or\nprojects in operation. The authority shall have power from time to time\nand whenever it deems refunding expedient, to refund any bonds by the\nissuance of new bonds, whether the bonds to be refunded have or have not\nmatured, and may issue bonds partly to refund bonds then outstanding and\npartly for any other purpose hereinabove described. The refunding bonds\nmay be exchanged for the bonds to be refunded with such cash adjustments\nas may be agreed, or may be sold and the proceeds applied to the\npurchase, payment or redemption of the bonds to be refunded. Except as\nmay otherwise be expressly provided by the authority, the bonds of every\nissue shall be general obligations of the authority payable out of any\nmoneys or revenues of the authority, subject only to any agreements with\nthe holders of particular bonds pledging any particular moneys or\nrevenues. Whether or not the bonds are of such form and character as to\nbe negotiable instruments under article eight of the uniform commercial\ncode, the bonds shall be, and are hereby made, negotiable instruments\nwithin the meaning of and for all the purposes of the uniform commercial\ncode, subject only to the provisions of the bonds for registration.\n  2. The bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times, not exceeding\nthirty years from their respective dates, bear interest at such rate or\nrates, payable annually or semi-annually, be in such denominations, be\nin such form, either coupon or registered, carry such registration\nprivileges, be executed in such manner, be payable in lawful money of\nthe United States of America at such place or places, and be subject to\nsuch terms of redemption, as such resolution or resolutions may provide.\nThe bonds may be sold at public or private sale for such price or prices\nas the authority shall determine.\n  3. Any resolution or resolutions authorizing any bonds or any issue of\nbonds may contain provisions, which shall be a part of the contract with\nthe holders of the bonds thereby authorized, as to:\n  (a) pledging all or any part of the revenues of a project or projects\nand revenues and income of the authority to secure the payment of the\nbonds, subject to such agreements with bondholders as may then exist;\n  (b) the rentals, fees and other charges to be charged, and the amounts\nto be raised in each year thereby, and the use and disposition of the\nrevenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of a project;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or of any\nissue of the bonds;\n  (f) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured; the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) limitations on the amount of moneys derived from a project to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (i) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine which may include any or\nall of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section sixteen hundred-p of this title, and\nlimiting or abrogating the right of the bondholders to appoint a trustee\nunder said section or limiting the rights, duties and powers of such\ntrustee;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n  4. Notwithstanding any other provision of law, it is the intention\nhereof that any pledge of revenues or other moneys made by the authority\nshall be valid and binding from the time when the pledge is made; that\nthe revenues or other moneys so pledged and thereafter received by the\nauthority shall immediately be subject to the lien of such pledge\nwithout any physical delivery thereof or further act; and that the lien\nof any such pledge shall be valid and binding as against all parties\nhaving claims of any kind in tort, contract or otherwise against the\nauthority irrespective of whether such parties have notice thereof.\nNeither the resolution nor any other instrument by which a pledge is\ncreated need be recorded or filed in order to protect the security\ninterest granted.\n  5. Neither the members of the authority nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  6. The authority shall have power out of any funds available therefor\nto purchase bonds upon such terms and conditions as the authority may\ndetermine. The authority may hold, cancel or resell such bonds, subject\nto and in accordance with agreements with bondholders.\n  7. In the discretion of the authority, the bonds may be secured by a\ntrust indenture by and between the authority and a corporate trustee,\nwhich may be any trust company, bank or national banking association\nhaving the powers of a trust company in the state of New York. Such\ntrust indenture may contain such provisions for protecting and enforcing\nthe rights and remedies of the bondholders as may be reasonable and\nproper and not in violation of law, including covenants setting forth\nthe duties of the authority in relation to the construction,\nmaintenance, operation, repair and insurance of the project or projects,\nand the custody, safeguarding and application of all moneys, and may\nprovide that the project or projects shall be constructed and paid for\nunder the supervision and approval of consulting engineers. The\nauthority may provide by such trust indenture for the payment of the\nproceeds of the bonds and the revenues of the project or projects or\nother revenues of the authority to the trustee under such trust\nindenture or other depository, and for the method of disbursement\nthereof, with such safeguards and restrictions as it may determine. All\nexpenses incurred in carrying out such trust indenture may be treated as\na part of the cost of maintenance, operation, and repairs of the project\nor projects. If the bonds shall be secured by a trust indenture, the\nbondholders shall have no authority to appoint a separate trustee to\nrepresent them, and the trustee under such trust indenture shall have\nand possess all of the powers which are conferred by section sixteen\nhundred-p of this title upon a trustee appointed by bondholders.\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 2449 — New York Code / Act PBA / Article 8 / Title 18 / Section 2449
Assistance by state officers, departments, boards and commissions
Status: in_force

§ 2449. Assistance by state officers, departments, boards and\ncommissions. All officers, departments, boards, agencies, divisions and\ncommissions of the state may render any services to the agency as are\nwithin the area of their respective governmental functions as fixed by\nlaw and as may be requested by the agency and shall comply promptly with\nany reasonable request by the agency as to the making of any study or\nreview as to desirability, need, cost or expense with respect to any\npublic project, purpose or improvement, or the financial feasibility\nthereof or the financial or fiscal responsibility or ability in\nconnection therewith of any (a) municipality making application for loan\nto the agency and for the purchase by the agency of municipal bonds to\nbe issued by that municipality, or (b) any special program municipality\nmaking application for the benefit of proceeds of special program bonds\nto be issued by the agency.\n
N.Y. PBA Law § 1600-B — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-B
Definitions
Status: in_force

* § 1600-b. Definitions. As used or referred to in this title, unless\na different meaning clearly appears from the context:\n  1. The term "authority" shall mean the corporation created by section\nsixteen hundred-c of this title;\n  2. The term "village" shall mean the village of Tarrytown;\n  3. The term "bonds" and "notes" shall mean the bonds and notes,\nrespectively, authorized in this title;\n  4. The term "board" shall mean the members of the authority;\n  5. The term "real property" shall mean lands, structures, franchises,\nand interest in lands, and any and all things usually included within\nthe said term, and includes not only fees simple absolute but also any\nand all lesser interests, such as easements, rights of way, air rights,\nsub-surface rights, uses, leases, licenses, and all other incorporeal\nhereditaments and every estate, interest or right, legal or equitable,\nincluding terms of years, and liens thereon by way of judgments,\nmortgages or otherwise, and also claims for damage to real estate in the\narea of the village;\n  6. The term "project" shall mean any area or place operated or to be\noperated by the authority for the parking or storing of motor and other\nvehicles and shall, without limiting the foregoing, include all real and\npersonal property, driveways, roads, approaches, structures, terminals\nof all kinds, garages, meters, mechanical equipment, and all\nappurtenances and facilities either on, above or under the ground which\nare used or usable in connection with such parking or storing of such\nvehicles in the area of the village;\n  7. The term "projects" shall mean more than one project.\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 2446 — New York Code / Act PBA / Article 8 / Title 18 / Section 2446
Moneys of the agency
Status: in_force

§ 2446. Moneys of the agency. (1) Subject to any agreement with\nbondholders or noteholders or except as otherwise authorized or provided\nin this act, all moneys of the agency from whatever source derived shall\nbe paid to the comptroller of the agency and shall be invested in any\ninvestments approved or authorized in accordance with the provisions of\nsection ninety-eight of the state finance law. The moneys in such\naccounts shall be paid by the comptroller or other agent duly designated\nby the agency on requisition of the chairman of the agency or of such\nother person or persons as the agency may authorize to make such\nrequisitions. All deposits of such moneys, shall, if required by the\nagency, be secured by (i) obligations of the United States of America or\nof the state of a market value equal at all times to the amount of the\ndeposit and all banks and trust companies are authorized to give such\nsecurity for such deposits or (ii) in such other manner as the agency\nmay require. The obligations securing such deposits shall either be\ndeposited with the comptroller of the agency or be held by a trustee or\nagent satisfactory to the agency. The comptroller or his legally\nauthorized representatives are authorized and empowered from time to\ntime to examine the accounts and books of the agency, including its\nreceipts, disbursements, contracts, leases, sinking funds, investments\nand any other records and papers relating to its financial standing.\n  (2) The agency shall have power to contract with holders of any of its\nbonds or notes, as to the custody, collection, securing, investment, and\npayment of any moneys of the agency, of any moneys held in trust or\notherwise for the payment of bonds or notes, and to carry out such\ncontract. Moneys held in trust or otherwise for the payment of bonds or\nnotes or in any way to secure bonds or notes and deposits of such moneys\nmay be secured in the same manner as moneys of the agency, and all banks\nand trust companies are authorized to give such security for such\ndeposits.\n  (3) Subject to the provisions of any contract with bondholders or\nnoteholders and to the approval of the comptroller, the agency shall\nprescribe a system of accounts.\n  (4) The agency shall submit to the governor, chairman of the senate\nfinance committee, chairman of the assembly ways and means committee and\nthe comptroller, within thirty days of the receipt thereof by the\nagency, a copy of the report of every external examination of the books\nand accounts of the agency other than copies of the reports of such\nexaminations made by the comptroller.\n
N.Y. PBA Law § 1600-M — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-M
Bonds and notes legal investments for public officers and fiduciaries
Status: in_force

* § 1600-m. Bonds and notes legal investments for public officers and\nfiduciaries. The bonds and notes are hereby made securities in which all\npublic officers, and bodies of the state and all municipalities and\nmunicipal subdivisions, all insurance companies and associations and\nother persons carrying on an insurance business, all banks, bankers,\ntrust companies, savings banks and savings associations, including\nsavings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nall administrators, guardians, executors, trustees and other fiduciaries\nand all other persons whatsoever who are now or may hereafter be\nauthorized to invest in bonds or other obligations of the state, may\nproperly and legally invest funds including capital in their control or\nbelonging to them. The bonds and notes are also hereby made securities\nwhich may be deposited with and shall be received by all public officers\nand bodies of this state and all municipalities and municipal\nsubdivisions for any purpose for which the deposit of bonds or other\nobligations of this state is now or may hereafter be authorized.\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 2436-C — New York Code / Act PBA / Article 8 / Title 18 / Section 2436-C
Local public safety communications bonds
Status: in_force

§ 2436-c. Local public safety communications bonds. (1) The agency may\npurchase local public safety communications bonds using the proceeds of\npublic safety communication bonds, subject to the provisions of this\nsection and to any other provision of law applicable to the municipality\nand bonds it issues, including any debt limitation applicable to the\nmunicipality that issued the local public safety communications bond, as\nwell as to the other provisions of this title. To the extent that any\nsuch other provision of law conflicts with a provision of this section,\nthe provision of this section shall control, except as otherwise stated.\n  (2) Local public safety communications bonds shall be payable from\nfunds provided by a municipality for payment thereof as well as any\nmonies available from special public safety communications agreements.\n  (3) The agency's public safety communications bonds secured by\npayments of principal and interest due with respect to local public\nsafety communications bonds shall not be a debt of either the state or\nany municipality, and neither the state nor any municipality shall be\nliable thereon, nor shall they be payable out of any funds other than\nthose of the agency; and such local public safety communications bonds\nshall contain on the face thereof a statement to such effect.\n  (4) Subject to the provisions of any contract with holders of bonds,\nnotes or other obligations, proceeds of public safety communications\nbonds to be paid to a municipality to purchase its local public safety\ncommunications bonds shall be paid to the municipality and shall not be\ncommingled with any other money of the agency.\n  (5) Nothing contained in this title shall be construed to create a\ndebt of the state within the meaning of any constitutional or statutory\nprovisions.\n  (6) (a) A municipality may covenant and agree that the municipality\nwill not limit, alter or impair the rights hereby vested in the agency\nto fulfill the terms of any agreements made with holders of the agency's\npublic safety communications bonds, the proceeds of which were used to\npurchase the municipality's local public safety communications bonds, or\nin any way impair the rights and remedies of such holders or the\nsecurity for such bonds, until such bonds, together with the interest\nthereon and all costs and expenses in connection with any action or\nproceeding by or on behalf of such holders, are fully paid and\ndischarged.\n  (b) Any such agreement with a municipality may be pledged by the\nagency to secure its public safety communications bonds used to purchase\nlocal public safety communications bonds issued by that municipality and\nmay not be modified thereafter except as provided by the terms of the\npledge or subsequent agreements with the holders of such public safety\ncommunications bonds.\n
N.Y. PBA Law § 2435 — New York Code / Act PBA / Article 8 / Title 18 / Section 2435
Loans to municipalities
Status: in_force

§ 2435. Loans to municipalities. 1. The agency may purchase, and\ncontract to purchase, municipal bonds from municipalities at such price\nor prices, upon such terms and conditions and in such manner, not\ninconsistent with the provisions of the local finance law, as the agency\nshall deem advisable; provided, however, that the average interest rate\npayable on all municipal bonds (taken as a group) purchased with the\nproceeds of an issue of bonds shall equal or exceed the interest rate on\nsuch issue of bonds. The agency shall not purchase the municipal bonds\nof any municipality if (i) the aggregate principal amount thereof,\ntogether with the aggregate principal balances of the municipal bonds of\nsuch municipality then outstanding and held by the agency, exceed an\namount equal to ten percent of the aggregate principal amount of the\nstatutory authorization at the time for the issuance of bonds and notes,\nas provided in section twenty-four hundred thirty-eight of this title,\nand (ii) the aggregate principal amount thereof exceeds an amount equal\nto fifty percent of the aggregate principal amount of all municipal\nbonds proposed to be so purchased at the time; provided, however, that\nthis sentence shall not apply to local ARRA bonds or local public safety\ncommunications bonds.\n  2. The agency shall require as a condition of purchase of municipal\nbonds from municipalities that each such municipality shall agree (i) to\npledge its full faith and credit for the payment of the principal of and\ninterest on such municipal bonds, (ii) to make annual appropriations for\namounts required for the payment of such principal and interest, and\n(iii) if at any time the municipality fails to make the required\nappropriation to pay such principal and interest, or fails to make the\npayment of the required principal and interest, the provisions of\nsection twenty-four hundred thirty-six and/or twenty-four hundred\nthirty-six-b of this title shall take effect. All municipalities selling\nmunicipal bonds to the agency are hereby authorized to make and carry\nout the agreements with the agency required in this subdivision.\n  3. In connection with the sale or proposed sale of municipal bonds to\nthe agency, any municipality may, notwithstanding the provisions of any\ngeneral or special law to the contrary, pay (i) such fixed or annual\ncharges as may be prescribed from time to time by the agency for or with\nrespect to the purchase by the agency of the municipal bonds of such\nmunicipality, and (ii) all charges or expenses necessary for the\nconversion or reconversion of any of its municipal bonds from or into\ncoupon form or registered form as may be required by the agency in\nconnection with any sale or other disposition of such municipal bonds.\n
N.Y. PBA Law § 2437-A — New York Code / Act PBA / Article 8 / Title 18 / Section 2437-A
Tax lien collateralized securities
Status: in_force

§ 2437-a. Tax lien collateralized securities. (1) The agency or its\ntax lien entity shall have the power and is hereby authorized from time\nto time to issue its tax lien collateralized securities in such\nprincipal amounts as, in the opinion of the agency, shall be necessary\nto provide sufficient funds for the purchase of tax liens, or the\nrefunding of outstanding securities of the agency or its tax lien\nentity, establishment of reserves to secure such tax lien collateralized\nsecurities, payment of letter of credit, bond insurance and other credit\nand liquidity support facility fees, premiums, reimbursements and\nexpenses, fees and expenses of trustees and paying agents and other\nfinancing costs including any accrued costs payable to the New York\nstate housing finance agency pursuant to any contract entered into under\nsubdivision twelve of section twenty-four hundred thirty-four of this\ntitle and all other expenditures of the agency or its tax lien entity\nincident to and necessary or convenient to the purchase of municipal tax\nliens.\n  (2) Except as may otherwise be expressly provided by the agency, all\ntax lien collateralized securities issued by the agency or its tax lien\nentity shall be special limited obligations of the agency or its tax\nlien entity payable only upon the redemption of the tax liens purchased\nor the liquidation of the related real estate parcels and other\ncollateral or credit enhancement agreements pledged to secure such\nobligations, subject to any agreements pledging any particular moneys,\nassets or revenues, all as may be designated in the proceedings of the\nagency under which said tax lien collateralized securities shall be\nauthorized to be issued.\n  (3) Tax lien collateralized securities shall be authorized by a\nresolution or resolutions of the agency adopted as provided by this\ntitle; provided, however, that any such resolution authorizing the\nissuance of such securities may delegate to an officer of the agency the\npower to issue such securities from time to time and to fix the details\nof any such issues of tax lien collateralized securities by an\nappropriate certificate of such authorized officer.\n  (4) Tax lien collateralized securities shall bear such date or dates,\nshall mature at such time or times, shall bear interest at such rate or\nrates, shall be of such denominations, shall be in such form, carry such\nregistration privileges, be executed in such manner, be payable in\nlawful money of the United States of America at such place or places\nwithin or without the state, be subject to such terms of redemption\nprior to maturity and have such other terms as may be provided by such\nresolution or resolutions or such certificate with respect to such\nsecurities, as the case may be.\n  (5) Any tax lien collateralized security of the agency or its tax lien\nentity may be sold at public or private sale and from time to time upon\nsuch terms and at such prices as may be determined by the agency, and\nthe agency may pay all expenses, premiums and commissions which it may\ndeem necessary or advantageous in connection with the issuance and sale\nthereof.\n  (6) Whether or not tax lien collateralized securities are of such form\nand character as to be negotiable instruments under the terms of the\nuniform commercial code, tax lien collateralized securities are hereby\nmade negotiable instruments within the meaning of and for all the\npurposes of the uniform commercial code, subject only to the provisions\nof the tax lien collateralized securities for registration.\n  (7) Any resolution or resolutions authorizing any tax lien\ncollateralized securities of the agency or of its tax lien entity may\ncontain provisions which may be a part of the contract with the holders\nof securities, as to: (i) pledging or creating a lien, to the extent\nprovided by such resolution or resolutions, on all or any part of any\nmoneys or assets of the agency and its tax lien entity or of any moneys\nheld in trust or otherwise by others for the payment of such securities;\n(ii) otherwise providing for the custody, collection, securing,\ninvestment and payment of any moneys of the agency; (iii) the setting\naside of reserves or sinking funds and the regulation or disposition\nthereof; (iv) limitations on the purpose to which the proceeds of sale\nof any issue of securities then or thereafter to be issued may be\napplied; (v) limitations on the issuance of additional securities, the\nterms upon which additional securities may be issued and secured, and\nupon the refunding of outstanding or other securities; (vi) the\nprocedure, if any, by which the terms of any contract with the holders\nof such securities may be amended or abrogated, the amount of such\nsecurities the holders of which must consent thereto and the manner in\nwhich such consent may be given; (vii) the creation of special funds\ninto which any moneys of the agency may be deposited; (viii) vesting in\na trustee or trustees such properties, rights, powers and duties in\ntrust as the agency may determine; (ix) defining the acts or omissions\nto act which shall constitute a default in the obligations and duties of\nthe agency and providing for the rights and remedies of the holders of\nsuch securities in the event of such default, providing, however, that\nsuch rights and remedies shall not be inconsistent with the general laws\nof this state and other provisions of this title; and (x) any other\nmatters of like or different character, which in any way affect the\nsecurity and protection of the tax lien collateralized securities and\nthe rights of the holders thereof.\n  (8) Any resolution or resolutions or trust indenture or indentures\nunder which tax lien collateralized securities of the agency or its tax\nlien entity are authorized to be issued may contain provisions for\nvesting in a trustee or trustees such properties, rights, powers and\nduties in trust as the agency may determine.\n  (9) It is the intention of the legislature that any pledge of tax\nliens, earnings, revenues, other moneys or assets made by the agency or\nits tax lien entity shall be valid and binding from the time when the\npledge is made; that the tax liens, earnings, revenues, other moneys or\nassets so pledged and thereafter received by the agency or its tax lien\nentity shall immediately be subject to the lien of such pledge without\nany physical delivery thereof or further act, and that the lien of any\nsuch pledge shall be valid and binding as against all parties having\nclaims of any kind in tort, contract or otherwise against the agency or\nits tax lien entity irrespective of whether such parties have notice\nthereof.  Neither the resolution nor any other instrument by which a\npledge is created need be recorded.\n  (10) Neither the members of the agency nor any person executing the\ntax lien collateralized securities shall be liable personally on the tax\nlien collateralized securities or be subject to any personal liability\nor accountability by reason of the issuance thereof.\n
N.Y. PBA Law § 2431 — New York Code / Act PBA / Article 8 / Title 18 / Section 2431
Legislative findings
Status: in_force

§ 2431. Legislative findings. It is hereby declared to be in the\npublic interest and to be the policy of the state to foster and promote\nby all reasonable means the provision of adequate capital markets and\nfacilities for borrowing money by its several municipalities for the\nfinancing of their public improvements or purposes from proceeds of\nbonds or notes issued by those municipalities, and to assist those\nmunicipalities in fulfilling their needs for improvements by use of\ncreation of indebtedness and to the extent possible to reduce costs of\nindebtedness to taxpayers and residents of the state and to encourage\ncontinued investor interest in the purchase of bonds or notes of\nmunicipalities as sound and preferred securities for investment. It is\nin the public interest and is the policy of the state to encourage its\nmunicipalities to continue their independent undertakings of public\nimprovements and purposes and the financing thereof and to assist them\ntherein by making funds available at reduced interest costs for orderly\nfinancing of public improvements and purposes, particularly for those\nmunicipalities not otherwise able to borrow for those purposes. It is\nfurther declared the state should exercise its power in the interest of\nits municipalities to further and implement those policies by\nauthorizing a state instrumentality to be created as a body corporate\nand politic to have full powers to borrow money and to issue its bonds\nand notes to make funds available through the facilities of that\ninstrumentality at reduced rates and on more favorable terms for\nborrowing by municipalities through the purchase by that instrumentality\nof the bonds or notes of municipalities and by granting broad powers to\nthe instrumentality to accomplish and to carry out the aforesaid\npolicies of the state which are in the public interest of the state and\nof its taxpayers and residents. It is further declared to be in the\npublic interest and is the policy of the state that such instrumentality\nshould so conduct its operations, including the full utilization of\nexisting public corporations, as to provide the lowest rates in terms of\nborrowing to municipalities as is consistent with a self-supporting\noperation with no expectation of subsidization with state funds.\n  It is further declared to be in the public interest and it is the\npolicy of the state to provide a means by which certain cities may\nreceive moneys to refund certain property taxes determined to be in\nexcess of state constitutional tax limits or to reimburse such cities\nfor the prior refunding of such taxes.\n  It is further declared to be in the public interest and it is the\npolicy of the state to provide a means by which certain special program\nmunicipalities may receive moneys for the purpose of paying the cost of\nsettling litigation involving the city school districts of such special\nprogram municipalities and the teachers' unions thereof.\n  It is hereby further declared that many municipalities are owed\nmillions of dollars annually in unpaid property taxes. Such uncollected\ntaxes adversely impact the municipalities' ability to timely collect the\nmoneys necessary to meet their operating expenditures and provide for\nthe delivery of necessary local government services, amplifying the risk\nof future real property tax increases and negatively impacting those\ntaxpayers who timely remit payment. It is hereby further declared that\nlimited means exist for municipalities to expedite the collection of\nsuch delinquent taxes and that as a result such delinquencies often\nremain unpaid thereby creating a lien against the affected real property\nand that the sale of such tax liens will enable municipalities to\nexpedite the receipt of anticipated revenues and provide a funding\nsource which will enable municipalities to more effectively carry out\ntheir public purposes. It is further declared that the state should\nexercise its power in the interest of its municipalities to facilitate\nthe sale and purchase of tax liens by authorizing such instrumentality,\na trust or other single purpose entity or entities created by such\ninstrumentality, to have full powers to borrow money and to issue its\nbonds, notes, certificates of participation or other obligations to make\nfunds available to municipalities through the facilities of said\ninstrumentality by the purchase through that instrumentality of the\ndelinquent tax liens created and held by municipalities and by granting\nbroad powers to such instrumentality to accomplish and to carry out the\naforesaid policies of the state which are in the public interest of the\nstate and of its taxpayers and residents.\n  It is hereby further found and declared that, on September eleventh,\ntwo thousand one, events occurred that resulted in dramatic and\nunforeseen negative fiscal changes which affected the state and certain\nmunicipalities thereof. The impact of these events, if left\nunremediated, is contrary to the public interest of the state and such\nmunicipalities, and threatens a decline in the general prosperity and\neconomic welfare of the inhabitants of such municipalities and the\npeople of the state. Accordingly, it is a matter of substantial and\nimperative state concern that such municipalities not fail to address\nlocal needs and thereby suffer adverse consequences. It is further\ndeclared to be in the public interest and it is the policy of the state\nto provide a means for such municipalities to receive assistance to meet\ntheir obligations and thereby be assisted in relieving the effects of\nthe negative fiscal changes caused by the September eleventh, two\nthousand one events.\n  It is further declared to be in the public interest and it is the\npolicy of the state to provide a means by which the enlarged city school\ndistrict of the city of Troy may receive moneys for the specific object\nand purpose of liquidating the projected accumulated deficit in its\ngeneral fund at the close of its fiscal year ending June thirtieth, two\nthousand two, including any budget notes and revenue anticipation notes\nwhich may be a part of the deficit.\n  It is further declared to be in the public interest and it is the\npolicy of the state to provide a means by which the Shoreham-Wading\nRiver Central School District may receive moneys for the specific object\nand purpose of mitigating the adverse fiscal impact resulting from the\nloss to the district of a significant majority of the taxable property\nthat it depended on for support of its educational programs.\n  It is further declared to be in the public interest and it is the\npolicy of the state to provide a means by which a municipality in the\nstate can take advantage of the opportunities for borrowing to provide\nfor public improvements afforded by the American Recovery and\nReinvestment Act of 2009 and to do so by authorizing a state\ninstrumentality to borrow money and use the proceeds to purchase\nobligations issued by a municipality under the American Recovery and\nReinvestment Act of 2009, thereby resulting in efficiencies and interest\nrate savings to the municipality.\n  It is further declared to be in the public interest and it is the\npolicy of the state to provide a means by which state and local first-\nresponder public safety agencies can establish regional communications\ncapabilities, intended to serve as a part of a statewide interoperable\nnetwork, and to do so by authorizing a state instrumentality to borrow\nmoney and use the proceeds to purchase obligations issued by a\nmunicipality to fund these communications capabilities, thereby\nresulting in savings for taxpayers.\n
N.Y. PBA Law § 1600-A — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-A
Short title
Status: in_force

* § 1600-a. Short title. This title may be cited as the "Tarrytown\nParking Authority Act".\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 2436 — New York Code / Act PBA / Article 8 / Title 18 / Section 2436
State aid guarantee
Status: in_force

§ 2436. State aid guarantee. 1. In the event that a municipality fails\nto make any payment of principal or interest on its municipal bonds, the\nchairman of the agency shall certify to the comptroller that the\nmunicipality has failed to meet its obligations. Such certificate shall\nbe in such form as the agency deems desirable, but shall include the\nexact amount of interest and principal required to satisfy the\nmunicipality's obligations to the agency.\n  2. The comptroller, upon receipt of such certificate from the agency,\nshall withhold from the municipality any state aid payable to such\nmunicipality to the extent necessary to meet the certified amount of\ninterest or principal and shall immediately pay over to the agency the\namount so withheld.\n  3. Pending payment to the agency from the comptroller of any such\nstate aid withheld from a municipality, the agency shall, if payments of\ninterest or principal are due on the agency's bonds, withdraw an amount\nsufficient to meet such amounts withheld from a municipality from the\ndebt service reserve fund securing such bonds. Any such amount withdrawn\nfrom such debt service reserve fund shall be paid into such debt service\nreserve fund upon receipt by the agency from the comptroller of any\nstate aid withheld. Any amount so paid to the agency from such state aid\nshall not obligate the state to make, nor entitle the municipality to\nreceive, any additional amounts of state aid.\n  4. In the event that a special program municipality shall fail to make\na payment in such amount (as calculated in accordance with the special\nprogram agreement to which such municipality shall be a party) and by\nsuch date as is provided to be made by such municipality in its special\nprogram agreement, the chairman of the agency shall so certify to the\ncomptroller. Such certificate shall be in such form as the agency deems\ndesirable, but shall specify the amount by which such payment shall have\nbeen deficient. The comptroller, upon receipt of such certificate from\nthe agency, shall withhold from such special program municipality any\nstate aid payable to such municipality to the extent of the amount so\nstated in such certificate as not having been made, and shall\nimmediately pay over to the agency the amount so withheld; provided,\nhowever, that in the case of a special program agreement entered into\nfor the purpose described in paragraph (b) or (c) or (d) or (e) of\nsubdivision one of section twenty-four hundred thirty-five-a of this\ntitle, the comptroller shall be authorized to withhold from the special\nprogram municipality such school aid as is payable to the city school\ndistrict of the special program municipality, to the extent of the\namount so stated in such certificate as not having been made, and shall\nimmediately pay over to the agency the amount so withheld. Any amount so\npaid to the agency from such state and/or school aid shall not obligate\nthe state to make, nor entitle the special program municipality to\nreceive, any additional amounts of state and/or school aid. Nothing\ncontained therein shall be deemed to prevent the state from modifying,\nreducing or eliminating any program or programs of state and/or school\naid; nor shall the state be obligated by the terms hereof to maintain\nstate and/or school aid at any particular level or amount.\n  5. In the event that a special school deficit program district shall\nfail to make a payment in such amount (as calculated in accordance with\nthe special school deficit program agreement to which such school\ndistrict shall be a party) and by such date as is provided to be made by\nsuch school district in its special school deficit program agreement,\nthe chairman of the agency shall so certify to the comptroller, with a\ncopy to the commissioner of education. Such certificate shall be in such\nform as the agency deems desirable, but shall specify the amount by\nwhich such payment shall have been deficient. The comptroller, upon\nreceipt of such certificate from the agency, shall withhold from such\nspecial school deficit program district any school aid payable to such\nspecial school deficit program district to the extent of the amount so\nstated in such certificate as not having been made, and shall\nimmediately pay over to the agency the amount so withheld. Any amount so\npaid to the agency from such school aid shall not obligate the state to\nmake, nor entitle the special school deficit program district to\nreceive, any additional amounts of school aid. Nothing contained therein\nshall be deemed to prevent the state from modifying, reducing or\neliminating any program or programs of school aid; nor shall the state\nbe obligated by the terms hereof to maintain school aid at any\nparticular level or amount.\n
N.Y. PBG Law § 421 — New York Code / Act PBG / Article 13 / Title 18 / Section 421
Troy Housing Authority
Status: in_force

§ 421. Troy Housing Authority.  A municipal housing authority, to be\nknown as the Troy Housing Authority, is hereby created and established\nfor the city of Troy in the county of Rensselaer for the accomplishment\nof any or all of the purposes specified in article eighteen of the\nconstitution of the state of New York. It shall constitute a body\ncorporate and politic, be perpetual in duration and consist of five\nmembers. It shall have all the powers and duties now or hereafter\nconferred by this chapter upon municipal housing authorities. It shall\nbe organized in the manner prescribed by and subject to the provisions\nof this chapter, and the authority, its members, officers and employees\nand its operations and activities shall in all respects be governed by\nthe provisions of this chapter.\n
N.Y. PBA Law § 2434 — New York Code / Act PBA / Article 8 / Title 18 / Section 2434
Powers of the agency
Status: in_force

§ 2434. Powers of the agency. Except as otherwise limited by this\ntitle, the agency shall have power:\n  (1) To sue and be sued;\n  (2) To have a seal and alter the same at pleasure;\n  (3) To make and execute contracts and all other instruments necessary\nor convenient for the exercise of its powers and functions under this\ntitle, including, without limitation, any special program agreement\nentered into pursuant to the provisions of section twenty-four hundred\nthirty-five-a of this title, any purchase and sale agreement entered\ninto pursuant to the provisions of section twenty-four hundred\nthirty-five-b of this title and any special school deficit program\nagreement entered into pursuant to section twenty-four hundred\nthirty-five-e of this title;\n  (4) To make and alter by-laws for its organization and internal\nmanagement;\n  (5) To acquire, hold and dispose of real and personal property for its\ncorporate purposes;\n  (5-a) To establish, create or otherwise form and control one or more\ntrusts or other single purpose entities to facilitate the purchase of\ntax liens and the issuance of tax lien collateralized securities;\n  (6) To appoint officers, agents and employees, prescribe their duties\nand qualifications and fix their compensation;\n  (7) To acquire, and contract to acquire, bonds issued by\nmunicipalities and to enter into advance commitments to municipalities\nfor the purchase of said bonds, all subject to the provisions of section\ntwo thousand four hundred thirty-five of this title;\n  (7-a) To acquire, and contract to acquire, tax liens and to enter into\nadvance commitments with a municipality for the purchase of such tax\nliens, all subject to the provisions of section twenty-four hundred\nthirty-five-b of this title;\n  (7-b) To acquire and contract to acquire local ARRA bonds, and to\nenter into arrangements with a municipality for the purchase of its\nlocal ARRA bonds;\n  (7-c) To acquire and contract to acquire, and to enter into\narrangements with a municipality for the purchase of its local public\nsafety communications bonds.\n  (8) Subject to any agreement with bondholders or noteholders, to\ninvest moneys of the agency not required for immediate use or\ndisbursement, including proceeds from the sale of any bonds or notes, in\n(a) obligations of the state or the United States of America, (b)\nobligations the principal of and interest on which are guaranteed by the\nstate or by the United States of America or an agency or instrumentality\nof the United States of America, (c) obligations of agencies or\ninstrumentalities of the United States of America or (d) interest\nbearing time deposits of banks or trust companies secured by obligations\ndescribed in clauses (a), (b) or (c) of this subdivision or by\nobligations of agencies or instrumentalities of the state;\n  (9) Subject to any agreement with bondholders or noteholders, to\npurchase bonds or notes of the agency, which shall thereupon be\ncancelled, at a price not exceeding (a) if the bonds or notes are then\nredeemable, the redemption price then applicable plus accrued interest\nto the next interest payment date thereon, or (b) if the bonds or notes\nare not then redeemable, the redemption price applicable on the first\ndate after such purchase upon which the notes or bonds become subject to\nredemption plus accrued interest to said date;\n  (10) To borrow money and to issue negotiable bonds and notes and to\nprovide for and secure the payment thereof and to provide for the rights\nof the holders thereof;\n  (11) To make and execute contracts for the servicing of municipal\nbonds acquired by the agency pursuant to this title, and for the\nservicing of special program agreements, special school purpose\nagreements and special school deficit program agreements, and to pay the\nreasonable value of services rendered to the agency pursuant to those\ncontracts;\n  (11-a) To make and execute contracts for professional services\nincluding, but not limited to, attorneys, financial advisors, due\ndiligence providers and other professional services related to the\nservicing of tax liens acquired by the agency or its tax lien entity\npursuant to this title, and for the servicing of tax lien purchase and\nsale agreements, and to pay the reasonable value of services rendered to\nthe agency or its tax lien entity pursuant to those contracts;\n  (12) To contract with the New York State housing finance agency to\nrender such services as the agency may deem appropriate, including but\nnot limited to the use of the premises, personnel and personal property\nof the New York State housing finance agency, and to pay the reasonable\ncosts thereof and provide for the reimbursement to the New York state\nhousing finance agency for any expenses necessarily incurred by the New\nYork state housing financing agency in carrying out the terms of such\ncontract. Any such contract shall be subject to the separate approval of\nthe director of the budget;\n  (13) To contract for and to accept any gifts or grants or loans of\nfunds or property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof, or from any other source and\nto comply, subject to the provisions of this title, with the terms and\nconditions thereof;\n  (14) To acquire, hold, use and dispose of its income, revenues, funds\nand moneys;\n  (15) To fix, revise, from time to time, charge and collect such fees\nand charges, including but not limited to reimbursement of all costs of\nfinancing by the agency and its tax lien entity, and service charges, as\nthe agency shall determine to be reasonable;\n  (16) Subject to any agreement with bondholders or noteholders, consent\nto the modification with respect to rate or rates of interest, time of\npayment of any installment of principal or interest, security or any\nother term of any municipal bond of which it is the holder, or of any\ncontract or agreement of any kind to which it is a party;\n  (16-a) Subject to any agreement with the holders or owners of tax lien\ncollateralized securities, consent to the modification with respect to\nthe time of payment, interest or penalties of a tax lien owned by the\nagency or its tax lien entity, or of any other contract or agreement to\nwhich it is a party;\n  (17) To establish any terms and provisions with respect to any\npurchase of municipal bonds by the agency, including date and maturities\nof the bonds, provisions as to redemption or payment prior to maturity,\nand any other matters which are necessary, desirable or advisable in the\njudgment of the agency;\n  (17-a) To establish any terms and provisions with respect to any\npurchase of tax liens by the agency or its tax lien entity, including\nthe sale date and, subject to terms of the tax liens purchased,\nprovisions as to redemption or payment prior to the stated redemption\ndate, and any other matters which are necessary, desirable or advisable\nin the judgment of the agency;\n  (18) To establish any terms and provisions with respect to any special\nprogram agreement, special school purpose agreement or special school\ndeficit program agreement, including any terms for payment, and any\nother matters which are necessary, desirable or advisable in the\njudgment of the agency;\n  (18-a) To establish any terms and provisions with respect to any tax\nlien purchase and sale agreement, including any terms for payment, and\nany other matters which are necessary, desirable or advisable in the\njudgment of the agency;\n  (19) To certify to the comptroller the need for diversion of state aid\npayable to any municipality in default on its bonds or failing to make\nthe required appropriation for interest and principal on any bonds held\nby the agency pursuant to the provisions of section twenty-four hundred\nthirty-six of this title;\n  (20) To certify to the comptroller the need for diversion of state aid\npayable to any special program municipality failing to make a scheduled\npayment to or for the account of the agency under a special program\nagreement entered into by the agency for the purpose described in\nparagraph (a) of subdivision one of section twenty-four hundred\nthirty-five-a of this title;\n  (21) To pledge or assign, as security for any of its bonds or notes,\nany moneys, funds, municipal bonds, special program agreements, special\nschool purpose agreements, or special school deficit program agreements,\nassets or revenues of the agency, including, without limitation, any\nstate aid or school aid received or receivable pursuant to section\ntwenty-four hundred thirty-six of this title;\n  * (21-a) To certify to the comptroller the need for diversion of\nschool aid payable to any special program municipality failing to make a\nscheduled payment to or for the account of the agency under a special\nprogram agreement entered into by the agency for the purpose described\nin paragraph (b) of subdivision one of section twenty-four hundred\nthirty-five-a of this title;\n  * NB There are 2 sub (21-a)'s\n  * (21-a) To pledge or assign as security for any tax lien\ncollateralized securities any tax liens, moneys, funds, tax lien\npurchase and sale agreements, assets or revenue of the agency or its tax\nlien entity;\n  * NB There are 2 sub (21-a)'s\n  (21-b) To certify to the comptroller, with a copy to the commissioner\nof education, the amounts required with respect to special school\npurpose bonds as described in section twenty-four hundred thirty-five-d\nof this title.\n  (21-c) To certify to the comptroller, with a copy to the commissioner\nof education, the need for diversion of school aid payable to a special\nschool deficit program district to make a scheduled payment to or for\nthe account of the agency under a special school deficit program\nagreement entered into by the agency pursuant to section twenty-four\nhundred thirty-five-e of this title.\n  (22) To do any and all things necessary or convenient to carry out its\npurposes and exercise powers given and granted in this title.\n
N.Y. PBA Law § 2433 — New York Code / Act PBA / Article 8 / Title 18 / Section 2433
State of New York municipal bond bank agency
Status: in_force

§ 2433. State of New York municipal bond bank agency. (1) There is\nhereby created the state of New York municipal bond bank agency. The\nagency shall be a body corporate and politic constituting a public\nbenefit corporation. Its membership shall consist of seven directors as\nfollows: the comptroller or a director appointed by the comptroller who\nshall serve until a successor is appointed, the secretary of state, the\ndirector of the budget, the chairman of the New York state housing\nfinance agency and three directors to be appointed by the governor with\nthe advice and consent of the senate, at least one of whom shall be an\nelected official of a municipality as defined in this title. The\ndirectors first appointed by the governor shall serve for terms ending\ntwo, three and four years, respectively, from January first next\nsucceeding their appointment. Their successors shall serve for terms of\nfour years each. Directors shall continue in office until their\nsuccessors have been appointed and qualified. In the event of a vacancy\noccurring in the office of a director by death, resignation or\notherwise, the governor shall appoint a successor with the advice and\nconsent of the senate to serve for the balance of the unexpired term.\nEach director appointed by the governor shall be a citizen of the United\nStates and a resident of the state. The chairman of the New York state\nhousing finance agency shall serve as chairman of the agency.\n  (2) The powers of the agency shall be vested in and exercised by a\nmajority of the directors of the agency then in office. The secretary of\nstate and the director of the budget, each may appoint a person from\ntheir respective office, division or agency to represent such director,\nrespectively, at all meetings of the agency from which such director may\nbe absent. Any such representative so designated shall have the power to\nattend and to vote at any meeting of the agency from which the director\nso designating him as a representative is absent with the same force and\neffect as if the director designating him were present and voting. Such\ndesignation shall be by written notice filed with the chairman of the\nagency by each of the said directors. The designation of such persons\nshall continue until revoked at any time by written notice to the\nchairman by the respective director making the designation. Such\ndesignation shall not be deemed to limit the power of the appointing\ndirector to attend and vote at any meeting of the agency.\n  (3) The directors shall serve without salary or other compensation,\nbut each director, except for those who serve ex officio, shall be\nentitled to reimbursement for actual and necessary expenses incurred in\nthe performance of his or her official duties.\n  (4) Such directors, except as otherwise provided by law, may engage in\nprivate employment, or in a profession or business. The agency, its\ndirectors, officers and employees shall be subject to the provisions of\nsections seventy-three and seventy-four of the public officers law.\n  (5) The chief executive officer of the agency shall be the executive\ndirector of the New York state housing finance agency.\n  (6) Notwithstanding any inconsistent provisions of law, general,\nspecial or local, no officer or employee of the state or of any civil\ndivision thereof shall be deemed to have forfeited or shall forfeit his\noffice or employment by reason of his acceptance of membership on the\nagency created by this section; provided, however, a director who holds\nsuch other public office or employment shall receive no additional\ncompensation or allowance for services rendered pursuant to this title,\nbut shall be entitled to reimbursement for his actual and necessary\nexpenses incurred in the performance of such services.\n  (7) The governor may remove any director appointed by him for\ninefficiency, neglect of duty or misconduct in office after giving him a\ncopy of the charges against him and an opportunity to be heard, in\nperson or by counsel in his defense, upon not less than ten days'\nnotice. If any such director shall be removed, the governor shall file\nin the office of the department of state a complete statement of charges\nmade against such director and his findings thereon, together with a\ncomplete record of the proceeding.\n  (8) The agency and its corporate existence shall continue until\nterminated by law, provided, however, that no such law shall take effect\nso long as the agency shall have bonds, notes and other obligations\noutstanding, unless adequate provision has been made for the payment\nthereof. Upon termination of the existence of the agency, all its rights\nand properties shall pass to and be vested in the state.\n  (9) A majority of the directors of the agency then in office shall\nconstitute a quorum for the transaction of any business or the exercise\nof any power or function of the agency. The agency may delegate to one\nor more of its directors, or its officers, agents or employees, such\npowers and duties as it may deem proper.\n
N.Y. PBA Law § 2441 — New York Code / Act PBA / Article 8 / Title 18 / Section 2441
State and municipalities not liable on bonds and notes
Status: in_force

§ 2441. State and municipalities not liable on bonds and notes. The\nbonds, notes, tax lien collateralized securities and other obligations\nof the agency and its tax lien entity shall not be a debt of the state\nof New York or of any municipality, and neither the state nor any\nmunicipality shall be liable thereon, nor shall they be payable out of\nany funds other than those of the agency pledged therefor and such\nbonds, notes, tax lien collateralized securities and other obligations\nshall contain on the face thereof a statement to such effect.\n
N.Y. PBA Law § 1600-Q — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-Q
Actions against the authority
Status: in_force

* § 1600-q. Actions against the authority. 1. In every action against\nthe authority for damages, for injuries to real or personal property, or\nfor the destruction thereof, or for personal injuries or death, the\ncomplaint shall contain an allegation that at least thirty days have\nelapsed since the demand, claim or claims upon which such action is\nfounded were presented to a member of the authority, or to its\nsecretary, or to its chief executive officer and that the authority has\nneglected or refused to make an adjustment or payment thereof for thirty\ndays after such presentment.\n  2. Except in an action for wrongful death, an action against the\nauthority for damages for injuries to real or personal property, or for\nthe destruction thereof, or for personal injuries, alleged to have been\nsustained, shall not be commenced more than one year after the cause of\naction therefor shall have accrued, nor unless a notice of intention to\ncommence such an action and of the time when and place where the damages\nor personal injuries were incurred or sustained, together with a\nverified statement showing in detail the property alleged to have been\ndamaged or destroyed and the value thereof, or the personal injuries\nalleged to have been sustained and by whom, shall have been filed with\nthe secretary of the authority in the principal office of the authority\nwithin six months after such cause of action shall have accrued. An\naction against the authority for wrongful death shall be commenced in\naccordance with the notice of claim and time limitation provisions of\ntitle eleven of article nine of this chapter.\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 2451 — New York Code / Act PBA / Article 8 / Title 18 / Section 2451
Court proceedings; preferences; venue
Status: in_force

§ 2451. Court proceedings; preferences; venue. Any action or\nproceeding to which the agency or the people of the state of New York\nmay be parties, in which any question arises as to the validity of this\nact, shall be preferred over all other civil causes except election\ncauses in all courts of the state of New York and shall be heard and\ndetermined in preference to all other civil business pending therein\nexcept election causes, irrespective of position on the calendar. The\nsame preference shall be granted upon application of counsel to the\nagency in any action or proceeding questioning the validity of this\ntitle in which he may be allowed to intervene. The venue of any such\naction or proceeding shall be laid in the county in which the principal\noffice of the agency is located.\n
N.Y. PBA Law § 2453 — New York Code / Act PBA / Article 8 / Title 18 / Section 2453
Construction
Status: in_force

§ 2453. Construction. This title, being necessary for the welfare of\nthe state and its inhabitants, shall be liberally construed so as to\neffectuate its purposes.\n
N.Y. PBA Law § 2435-D — New York Code / Act PBA / Article 8 / Title 18 / Section 2435-D
Special school purpose agreements
Status: in_force

§ 2435-d. Special school purpose agreements. In order to fulfill the\npurposes of this title and to provide a means by which the special\nschool purpose municipalities may receive assistance to meet their\nobligations and, notwithstanding any general or special law to the\ncontrary, the agency and each special school purpose municipality are\nhereby authorized to enter into one or more special school purpose\nagreements in accordance with the provisions of this title as to\nfinancing of costs by the agency, the application of school aid revenues\nto the agency to secure its bonds and further assurances in respect of\nthe agency's receipt of such revenues. Any such special school purpose\nagreements shall not constitute indebtedness of the special school\npurpose municipality for purposes of section 20.00 of the local finance\nlaw or any constitutional or statutory limitation. In addition, any\nspecial school purpose bonds issued in connection with such special\nschool purpose agreement shall not constitute a debt of the state or of\nthe applicable special school purpose municipality under any\nconstitutional or statutory provision. Any such school aid revenues\nshall belong to the agency, shall not be, or be treated as, revenues of\nthe special school purpose municipality for appropriation, accounting or\nany other purpose, provided, however, that such school aid revenues\nshall be deemed to be revenues of the special school purpose\nmunicipality for the purpose of any computation of federal or state aid,\nand shall not be consolidated, commingled or otherwise combined with any\nother moneys of the agency and any such special school purpose agreement\nshall include a statement to such effect. Any such school aid revenues\nand any such special school purpose agreements may be pledged by the\nagency in accordance with and with the effect of subdivision ten of\nsection two thousand four hundred thirty-seven of this title to secure\nits bonds and may not be modified thereafter except as provided by the\nterms of the pledge. Each special school purpose agreement shall specify\nthe amount to be made available to the respective special school purpose\nmunicipality through the proceeds of an issue of special school purpose\nbonds and such other matters as the agency shall determine necessary or\ndesirable as to the application of bond proceeds or the security of the\nbonds. Such special school purpose agreement shall also provide that the\nagency shall not be entitled to receive any special school purpose\nschool aid revenues. The receipt of the proceeds of any issue of special\nschool purpose bonds by the special school purpose municipality shall be\ndeemed to satisfy an equivalent amount of prior year claims owed to the\nschool district of such special school purpose municipality pursuant to\nsection thirty-six hundred four of the education law, and such proceeds\nprovided pursuant to this section shall not reduce the apportionments\npayable for approved project costs pursuant to subdivisions six, six-a\nand six-b and paragraph c of subdivision fourteen of section thirty-six\nhundred two and subdivision twelve of section thirty-six hundred\nforty-one of the education law and may be used by an eligible school\ndistrict to fund the principal amount of any costs that are in excess of\nthe costs approved for an apportionment pursuant to such subdivisions\nsix, six-a or six-b of section thirty-six hundred two or subdivision\ntwelve of section thirty-six hundred forty-one of the education law.\n
N.Y. PBA Law § 2435-C — New York Code / Act PBA / Article 8 / Title 18 / Section 2435-C
Purchase of tax liens
Status: in_force

§ 2435-c. Purchase of tax liens. (1) The agency or its tax lien entity\nmay purchase, and contract to purchase, tax liens from municipalities at\nsuch price or prices, upon such terms and conditions and in such manner,\nas the agency shall deem advisable.\n  (2) The agency shall require as a condition of purchase of tax liens\nfrom municipalities that each such municipality shall agree (i) to\npromptly pay, as directed by the agency, any moneys collected by the\nmunicipality in connection with the redemption and cancellation of such\ntax liens, (ii) to pay, subject to appropriation by the appropriate\nlegislative body of such municipality, any amounts due and owing to the\nagency or its tax lien entity as a result of the sale of such tax liens,\n(iii) to make such covenants, representations, and warranties with\nrespect to the tax liens sold as required to effectuate the sale of such\ntax liens and facilitate the marketing of tax lien collateralized\nsecurities issued by the agency or its tax lien entity and (iv) to\naccept a note or other instrument issued by the agency or its tax lien\nentity to evidence any contingent amounts payable under the terms of the\npurchase and sale agreement. All municipalities selling tax liens to the\nagency or its tax lien entity are hereby authorized to make and carry\nout the agreements with the agency or its tax lien entity as required in\nthis subdivision. All municipalities are also authorized to sell on\ntheir own behalf, or have the agency or its tax lien entity sell on\ntheir own behalf, all or part of the contingent amounts payable to such\nmunicipalities under the terms of a tax lien purchase and sale\nagreement.\n  (2-a) In connection with the purchase or proposed purchase of tax\nliens by the agency or its tax lien entity, the agency or its tax lien\nentity may purchase, and contract to purchase, real property from\nmunicipalities acquired by the municipalities pursuant to any tax\nenforcement proceeding, and which have not yet been disposed of by such\nmunicipalities.\n  (3) In connection with the sale or proposed sale of tax liens to the\nagency or its tax lien entity, any municipality may, notwithstanding the\nprovisions of any general or special law to the contrary, pay (i) such\nfixed or annual charges as may be prescribed from time to time by the\nagency for or with respect to the purchase by the agency or its tax lien\nentity of the tax liens of such municipality, and (ii) all charges or\nexpenses necessary for the conversion or reconversion of any of its tax\nliens into such form as may be required by the agency in connection with\nany sale or other disposition of such tax liens.\n
N.Y. PBA Law § 2437 — New York Code / Act PBA / Article 8 / Title 18 / Section 2437
Bonds and notes of the agency
Status: in_force

§ 2437. Bonds and notes of the agency.  (1) Subject to the provisions\nof section two thousand four hundred thirty-eight of this title, the\nagency shall have the power and is hereby authorized from time to time\nto issue its negotiable bonds and notes in conformity with applicable\nprovisions of the uniform commercial code in such principal amounts as,\nin the opinion of the agency, shall be necessary to provide sufficient\nfunds for achieving the corporate purposes thereof, including the\npurchase of municipal bonds, the providing of certain amounts to special\nprogram municipalities from the proceeds of special program bonds, the\nproviding of certain amounts to special school purpose municipalities\nfrom the proceeds of special school purpose bonds, the providing of\ncertain amounts to a special school deficit program district from the\nproceeds of special school deficit program bonds, the payment of\ninterest on bonds and notes of the agency, establishment of reserves to\nsecure such bonds and notes, payment of letter of credit, bond insurance\nand other credit and liquidity support facility fees, premiums,\nreimbursements and expenses, fees and expenses of trustees and paying\nagents and other financing costs including any accrued costs payable to\nthe New York state housing finance agency pursuant to any contract\nentered into under subdivision twelve of section two thousand four\nhundred thirty-four of this title and all other expenditures of the\nagency incident to and necessary or convenient to carry out its\ncorporate purposes and powers, except the operating expenses of the\nagency.\n  (2) Except as may otherwise be expressly provided by the agency, all\nbonds and notes issued by the agency shall be general obligations of the\nagency, secured by the full faith and credit of the agency and may be\npayable out of any moneys, assets, or revenues of the agency, subject\nonly to any agreements with holders of particular bonds or notes\npledging any particular moneys, assets or revenues, all as may be\ndesignated in the proceedings of the agency under which the bonds or\nnotes shall be authorized to be issued.\n  (3) Bonds and notes shall be authorized by a resolution or resolutions\nof the agency adopted as provided by this title; provided, however, that\nany such resolution authorizing the issuance of bonds or notes may\ndelegate to an officer of the agency the power to issue such bonds or\nnotes from time to time and to fix the details of any such issues of\nbonds or notes by an appropriate certificate of such authorized officer.\n  (4) Such bonds or notes shall bear such date or dates, shall mature at\nsuch time or times, shall bear interest at such rate or rates, shall be\nof such denominations, shall be in such form, carry such registration\nprivileges, be executed in such manner, be payable in lawful money of\nthe United States of America at such place or places within or without\nthe state, be subject to such terms of redemption prior to maturity and\nhave such other terms as may be provided by such resolution or\nresolutions or such certificate with respect to such bonds or notes, as\nthe case may be; provided, however, that the maximum maturity of bonds\nother than special program bonds, special school purpose bonds or\nspecial school deficit program bonds shall not exceed forty years from\nthe date thereof, the maximum maturity of special program bonds shall\nnot exceed thirty years, the maximum maturity of special school purpose\nbonds shall not exceed twenty years, the maximum maturity of special\nschool deficit program bonds shall not exceed ten years and the maximum\nmaturity of notes or any renewals thereof shall not exceed five years\nfrom the date of the original issue of such notes.\n  (5) Any bonds or notes of the agency other than special program bonds,\nspecial school purpose bonds, special school deficit program bonds,\nrecovery act bonds or public safety communications bonds shall be sold\nat public sale and from time to time upon such terms and at such prices\nas may be determined by the agency, and the agency may pay all expenses,\npremiums and commissions which it may deem necessary or advantageous in\nconnection with the issuance and sale thereof. Any special program\nbonds, special school purpose bonds, special school deficit program\nbonds, recovery act bonds or public safety communications bonds shall be\nsold at public or private sale and from time to time upon such terms and\nat such prices as may be determined by the agency, and the agency may\npay all expenses, premiums and commissions which it may deem necessary\nor advantageous in connection with the issuance and sale thereof\nprovided, however, that special program bonds relating to a special\nprogram agreement entered for the purpose described in paragraph (b) of\nsubdivision one of section twenty-four hundred thirty-five-a of this\ntitle shall be sold on or before June thirtieth, two thousand one.  No\nspecial program bonds, special school purpose bonds, special school\ndeficit program bonds, or recovery act bonds, or public safety\ncommunications bonds of the agency may be sold by the agency at private\nsale, however, unless such sale and the terms thereof have been approved\nin writing by (a) the comptroller, where such sale is not to the\ncomptroller, or (b) the director of the budget, where such sale is to\nthe comptroller.\n  (6) The agency is authorized to provide for the issuance of its bonds\nor notes for the purpose of refunding any bonds or notes of the agency\nthen outstanding, including the payment of any redemption premiums\nthereon and any interest accrued or to accrue to the redemption date\nnext succeeding the date of delivery of such refunding bonds or notes.\nThe proceeds of any such bonds or notes issued for the purpose of so\nrefunding outstanding bonds or notes, may, in the discretion of the\nagency, be applied to the purchase or retirement at maturity of such\noutstanding bonds or notes or the redemption of such outstanding bonds\nor notes on the redemption date next succeeding the date of delivery of\nsuch refunding bonds or notes, or both such purposes, and may, pending\nsuch application, be placed in escrow to be applied to such purchase or\nretirement at maturity or redemption on such date as may be determined\nby the agency. Any such escrowed proceeds, pending such use, may be\ninvested and reinvested in obligations of or guaranteed by the state or\nthe United States of America, or in certificates of deposit or time\ndeposits secured in such manner as the agency shall determine, maturing\nat such time or times as shall be appropriate to assure the prompt\npayment, as to principal, interest and redemption premium, if any, on\nthe outstanding bonds or notes to be so refunded by purchase, retirement\nat maturity or redemption, as the case may be. The interest, income and\nprofits, if any, earned or realized on any such investment may also be\napplied to the payment of the outstanding bonds or notes to be so\nrefunded by purchase, retirement at maturity or redemption, as the case\nmay be.  After the terms of the escrow have been fully satisfied and\ncarried out, any balance of such proceeds and interest, if any, earned\nor realized on the investments thereof may be returned to the agency for\nuse by it in any lawful manner. All such bonds or notes shall be issued\nand secured and shall be subject to the provisions of this title in the\nsame manner and to the same extent as any other bonds or notes\nauthorized pursuant to this title.\n  (7) Whether or not the bonds and notes are of such form and character\nas to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds and notes are hereby made negotiable\ninstruments within the meaning of and for all the purposes of the\nuniform commercial code, subject only to the provisions of the bonds and\nnotes for registration.\n  (8) Subject only to the provisions of sections two thousand four\nhundred thirty-eight and two thousand four hundred thirty-nine of this\ntitle, any resolution or resolutions authorizing any bonds or notes of\nthe agency may contain provisions which may be a part of the contract\nwith the holders of such bonds or notes, as to: (a) pledging or creating\na lien, to the extent provided by such resolution or resolutions, on all\nor any part of any monies or assets of the agency or of any moneys held\nin trust or otherwise by others for the payment of such bonds or notes;\n(b) otherwise providing for the custody, collection, securing,\ninvestment and payment of any moneys of the agency; (c) the setting\naside of reserves or sinking funds and the regulation or disposition\nthereof; (d) limitations on the purpose to which the proceeds of sale of\nany issue of such bonds or notes then or thereafter to be issued may be\napplied; (e) limitations on the issuance of additional bonds or notes,\nthe terms upon which additional bonds or notes may be issued and\nsecured, and upon the refunding of outstanding or other bonds or notes;\n(f) the procedure, if any, by which the terms of any contract with the\nholders of bonds or notes may be amended or abrogated, the amount of\nbonds or notes the holders of which must consent thereto and the manner\nin which such consent may be given; (g) the creation of special funds\ninto which any moneys of the agency may be deposited; (h) vesting in a\ntrustee or trustees such properties, rights, powers and duties in trust\nas the agency may determine, which may include any or all of the rights,\npowers and duties of the trustee appointed pursuant to section two\nthousand four hundred forty of this title, and limiting or abrogating\nthe right of the holders of bonds or notes to appoint a trustee under\nsuch section or limiting the rights, duties and powers of such trustee;\n(i) defining the acts or omissions to act which shall constitute a\ndefault in the obligations and duties of the agency and providing for\nthe rights and remedies of the holders of bonds or notes in the event of\nsuch default, providing, however, that such rights and remedies shall\nnot be inconsistent with the general laws of this state and other\nprovisions of this title; and (j) any other matters of like or different\ncharacter, which in any way affect the security and protection of the\nbonds or notes and the rights of the holders thereof.\n  (9) Any resolution or resolutions or trust indenture or indentures\nunder which bonds or notes of the agency are authorized to be issued may\ncontain provisions for vesting in a trustee or trustees such properties,\nrights, powers and duties in trust as the agency may determine which may\ninclude any or all of the rights, powers and duties of the trustee\nappointed by the holders of any issue of notes or bonds pursuant to\nsection two thousand four hundred forty of this title, in which event\nthe provisions of said section two thousand four hundred forty\nauthorizing the appointment of a trustee by such holders of bonds or\nnotes shall not apply.\n  (10) It is the intention of the legislature that any pledge of\nearnings, revenues, other moneys or assets made by the agency shall be\nvalid and binding from the time when the pledge is made; that the\nearnings, revenues, other moneys or assets so pledged and thereafter\nreceived by the agency shall immediately be subject to the lien of such\npledge without any physical delivery thereof or further act, and that\nthe lien of any such pledge shall be valid and binding as against all\nparties having claims of any kind in tort, contract or otherwise against\nthe agency irrespective of whether such parties have notice thereof.\nNeither the resolution nor any other instrument by which a pledge is\ncreated need be recorded.\n  (11) Neither the members of the agency nor any person executing the\nbonds or other obligations shall be liable personally on the bonds or\nother obligations or be subject to any personal liability or\naccountability by reason of the issuance thereof.\n
N.Y. ENV Law § 27-1811 — New York Code / Act ENV / Article 27 / Title 18 / Section 27-1811
State preemption
Status: in_force

§ 27-1811. State preemption.\n  Jurisdiction in all matters pertaining to rechargeable battery\nrecycling is, by this title, vested exclusively in the state. Any\nprovision of any local law or ordinance, or any rule or regulation\npromulgated thereto, governing rechargeable battery recycling shall,\nupon the effective date of section 27-1805 of this title, be preempted;\nprovided, however, that nothing in this section shall preclude a person\nfrom coordinating, for recycling or reuse, the collection of\nrechargeable batteries and provided, further, however, that nothing in\nthis section shall preclude the enforcement of this title pursuant to\nsubdivision five of section 27-1809 of this title.\n
N.Y. PBA Law § 1600-D — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-D
Purpose and powers of the authority
Status: in_force

* § 1600-d. Purpose and powers of the authority. The purpose of the\nauthority shall be to provide, operate or maintain or any combination\nthereof one or more projects in the village. To carry out said purpose,\nthe authority shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, hold and dispose of personal property for its corporate\npurposes, including the power to purchase prospective or tentative\nawards in connection with the condemnation of real property;\n  4. To acquire real property subject to the approval of at least four\nmembers of the board of trustees in the name of the village by purchase\nor condemnation or gift, and use necessary real property. All real\nproperty acquired by the authority by condemnation shall be acquired in\nthe manner provided in the condemnation law or in the manner provided by\nlaw for the condemnation of land by the village, and further provided,\nthat the authority shall give the board of trustees of the village\nwritten notice of its intent to acquire any land by condemnation,\nwhereupon said board of trustees, within a period of forty-five days\nafter the giving of such notice, by resolution voted upon affirmatively\nby at least four members of such board of trustees, may determine that\nsuch land shall not be so acquired, in which event the authority shall\nbe without further power to so acquire the same by condemnation.\n  5. To make by-laws for the management and regulation of its affairs,\nand, subject to agreements with bondholders, for the regulation of the\nproject;\n  6. With the consent of the village to use agents, employees, and\nfacilities of the village, including the village attorney, paying to the\nvillage its agreed proportion of the compensation or costs;\n  7. To appoint an attorney, and to fix his compensation;\n  8. To appoint officers, agents, employees, and consultants, to\nprescribe their qualifications and to fix their compensation; subject,\nhowever, to the provisions of the civil service law, as hereinafter\nprovided;\n  9. To make contracts, leases, as lessor or lessee, and any operating\nagreement, and to execute all instruments necessary or convenient;\n  10. To acquire, construct, reconstruct, improve, equip and furnish any\nproject as may be necessary or convenient;\n  11. To maintain and operate any project;\n  12. To accept grants, loans or contributions from the United States,\nthe state of New York, or any agency or instrumentality of either of\nthem, or the village, or any person, by bequest or otherwise, and to\nexpend the proceeds for any purposes of the authority;\n  13. To fix and collect rentals, fees and other charges for the use of\nany project and to pledge the same, all subject to and in accordance\nwith such agreements with bondholders as may be made as hereinafter\nprovided;\n  14. To construct, operate or maintain in the projects all facilities\nand equipment necessary or convenient in connection therewith; and to\ncontract for the providing, operation or maintenance of any parts\nthereof or for services to be performed; to rent parts thereof, and\ngrant concessions, all on such terms and conditions as it may determine;\nprovided, however, that neither the authority, the village, or any\nagency of the authority or village, or any other person, firm or\ncorporation shall, within or on any property comprising a part of any\nproject authorized by this title, sell, dispense or otherwise handle any\nproduct used in or for the servicing of any motor vehicle using any\nproject or facilities authorized by this title.\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 1600-T — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-T
Inconsistent provisions in other acts superseded
Status: in_force

* § 1600-t. Inconsistent provisions in other acts superseded. Insofar\nas the provisions of this title are inconsistent with the provisions of\nany other act, general or special, or of any local law of the village,\nthe provisions of this title shall be controlling.\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 2443 — New York Code / Act PBA / Article 8 / Title 18 / Section 2443
Property and income
Status: in_force

§ 2443. Property and income. The property of the agency and its income\nand operations shall be exempt from taxation or assessments of every\nkind and nature, nor shall the agency be required to pay any recording\nfee or transfer tax of any kind on account of instruments recorded by it\nor on its behalf.\n
N.Y. ENV Law § 27-1805 — New York Code / Act ENV / Article 27 / Title 18 / Section 27-1805
Rechargeable battery disposal ban
Status: in_force

§ 27-1805. Rechargeable battery disposal ban.\n  No person shall knowingly dispose of rechargeable batteries as solid\nwaste at any time in the state.\n
N.Y. PBA Law § 2435-E — New York Code / Act PBA / Article 8 / Title 18 / Section 2435-E
Special School Deficit Program Agreements
Status: in_force

§ 2435-e. Special School Deficit Program Agreements. (1) In order to\nfulfill the purposes of this title and to provide a means by which a\nspecial school deficit program district may receive assistance to meet\nits obligations and, notwithstanding any general or special law to the\ncontrary, the agency and the special school deficit program district\nare, subject to the provisions of subdivision (3) of this section,\nhereby authorized to enter into one or more special school deficit\nprogram agreements, which special school deficit program agreements\nshall, consistent with the provisions of this title, contain such terms,\nprovisions and conditions as, in the judgement of the agency, shall be\nnecessary or desirable. Each special school deficit program agreement\nshall specify the amount to be made available to the special school\ndeficit program district through the proceeds of an issue of special\nschool deficit program bonds and shall require such special school\ndeficit program district, subject to appropriation by the board of\neducation of such special school deficit program district, to make\npayments to the agency in the amounts and at the times determined by the\nagency to be necessary to provide for payment of such issue of special\nschool deficit program bonds and such other fees, charges, costs, and\nother amounts as the agency shall in its judgement determine to be\nnecessary or desirable.\n  (2) Any special school deficit program agreement entered into pursuant\nto subdivision one of this section shall provide that the obligations\nthereunder to fund or pay the amounts therein provided for shall not\nconstitute a debt of the state or such special school deficit program\ndistrict within the meaning of any constitutional or statutory provision\nand shall be deemed executory only to the extent of moneys available and\nthat no liability shall be incurred by the state or such special school\ndeficit program district beyond the moneys available for the purpose,\nand that such obligation is subject to annual appropriation by the board\nof education of such special school deficit program district.\n
N.Y. PBA Law § 1600-S — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-S
Title not affected if in part unconstitutional or ineffective
Status: in_force

* § 1600-s. Title not affected if in part unconstitutional or\nineffective. If any section, clause or provision of this title shall be\nunconstitutional or be ineffective in whole or in part, to the extent\nthat it is not unconstitutional or ineffective, it shall be valid and\neffective and no other section, clause or provision shall on account\nthereof be deemed invalid or ineffective.\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 2444 — New York Code / Act PBA / Article 8 / Title 18 / Section 2444
Exemption from taxation of bonds, notes and tax lien collateralized securities
Status: in_force

§ 2444. Exemption from taxation of bonds, notes and tax lien\ncollateralized securities. It is hereby determined that the creation of\nthe agency is in all respects for the benefit of the people of the\nstate, for the improvement of their health and welfare, and for the\npromotion of the economy, and that said purposes are public purposes and\nthe agency will be performing an essential governmental function in the\nexercise of the powers conferred upon it by this title, and the state\ncovenants with the purchasers and all subsequent holders and transferees\nof bonds, notes, and tax lien collateralized securities issued by the\nagency and its tax lien entity, in consideration of the acceptance of\nand payment for the bonds, notes, and tax lien collateralized securities\nthat the bonds, notes and tax lien collateralized securities of the\nagency, and its tax lien entity, issued pursuant to this title and the\nincome therefrom and all its fees, charges, gifts, grants, revenues,\nreceipts, and other moneys received or to be received, pledged to pay or\nsecure the payment of such bonds, notes or tax lien collateralized\nsecurities shall at all times be free from taxation, except for estate\nor gift taxes and taxes on transfers.\n
N.Y. PBA Law § 1600-P — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-P
Remedies of bondholders
Status: in_force

* § 1600-p. Remedies of bondholders. 1. In the event that the\nauthority shall default in the payment of principal of or interest on\nany issue of the bonds after the same shall become due, whether at\nmaturity or upon call for redemption, and such default shall continue\nfor a period of thirty days, or in the event that the authority shall\nfail or refuse to comply with the provisions of this title, or shall\ndefault in any agreement made with the holders of any issue of the\nbonds, the holders of twenty-five per centum in aggregate principal\namount of the bonds of such issue then outstanding, by instrument or\ninstruments filed in the office of the clerk of the county of\nWestchester and proved or acknowledged in the same manner as a deed to\nbe recorded, may appoint a trustee to represent the holders of such\nbonds for the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his or its own name:\n  (a) by mandamus or other suit, action or proceeding, at law or in\nequity, enforce all rights to the bondholders, including the right to\nrequire the authority to collect revenues adequate to carry out by any\nagreement as to, or pledge of, such revenues, and to require the\nauthority to carry out any other agreements with the holders of such\nbonds and to perform its duties under this title;\n  (b) bring suit upon such bonds;\n  (c) by action or suit in equity, require the authority to account as\nif it were the trustee of an express trust for the holders of such\nbonds;\n  (d) by action or suit in equity, enjoin any acts or things which may\nbe unlawful or in violation of the rights of the holders of such bonds;\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders. The venue of any\nsuch suit, action or proceedings shall be laid in the county of\nWestchester.\n  4. Before declaring the principal of all such bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  5. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproject the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith bondholders, shall take possession of all moneys and other property\nderived from or applicable to the acquisition, construction, operation,\nmaintenance and reconstruction of such part or parts of the project and\nproceed with the acquisition of any real property necessary or\nconvenient in connection with the project that the authority has\ncovenanted to construct, and with any construction which the authority\nis under obligation to do and to operate, maintain and reconstruct such\npart or parts of the project and collect and receive all revenues\nthereafter arising therefrom subject to any pledge thereof or agreement\nwith bondholders relating thereto and perform the public duties and\ncarry out the agreements and obligations of the authority under the\ndirection of the court. In any suit, action or proceeding by the\ntrustee, the fee, counsel fees and expenses of the trustee and of the\nreceiver, if any, shall constitute taxable disbursements and all costs\nand disbursements allowed by the court shall be a first charge on any\nrevenues derived from such project.\n  6. Such trustee shall, in addition to the foregoing, have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 1600-C — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-C
Tarrytown parking authority
Status: in_force

* § 1600-c. Tarrytown parking authority. A board to be known as\n"Tarrytown parking authority" is hereby created. Such board shall be a\nbody corporate and politic, constituting a public benefit corporation,\nand its existence shall commence upon the appointment of the members as\nherein provided. It shall consist of a chairman and four other members,\nall of whom shall be appointed by the mayor with the approval of the\nboard of trustees of the village. The appointment of the chairman shall\nbe for a term of five years. Of the other members first appointed, one\nshall be appointed for a period of one year, one for a period of two\nyears, one for a period of three years, one for a period of four years.\nAt the expiration of such terms, the terms of office of their successors\nshall be five years. Each member shall continue to serve until the\nappointment and qualification of his successor. Vacancies in such board\noccurring otherwise than by the expiration of such term, shall be filled\nfor the unexpired term. The members of the board shall choose from their\nnumber a vice-chairman and such other officers deemed desirable by the\nboard. The board of trustees may remove any member of the board for\ninefficiency, neglect of duty or misconduct in office, giving him a copy\nof the charges against him and an opportunity of being heard in person,\nor by counsel, in his defense upon not less than ten days' notice. The\nmembers of the board shall be entitled to no compensation for their\nservices but shall be entitled to reimbursement for their actual and\nnecessary expenses incurred in the performance of their official duties.\nThe powers of the authority shall be vested in and exercised by a\nmajority of the members of the board then in office. Such board may\ndelegate to one or more of its members or to its officers, agents and\nemployees such powers and duties as it may deem proper. Such board and\nits corporate existence shall continue only to the thirty-first day of\nDecember, nineteen hundred ninety-nine, and thereafter until all its\nliabilities and duties have been met and its bonds and notes have been\npaid in full or such liabilities, bonds and notes have otherwise been\ndischarged. Upon its ceasing to exist, all its rights and properties\nshall pass to the village.\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 2445 — New York Code / Act PBA / Article 8 / Title 18 / Section 2445
Bonds and notes as legal investments for public officers and fiduciaries
Status: in_force

§ 2445. Bonds and notes as legal investments for public officers and\nfiduciaries. The bonds and notes of the agency are hereby made\nsecurities in which all public officers and bodies of this state and all\nmunicipalities and municipal subdivisions, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nall administrators, guardians, executors, trustees and other\nfiduciaries, and all other persons whatsoever who are now or may\nhereafter be authorized to invest in bonds or other obligations of the\nstate, may properly and legally invest funds including capital in their\ncontrol or belonging to them. The bonds and notes are also hereby made\nsecurities which may be deposited with and may be received by all public\nofficers and bodies of this state and all municipalities and municipal\nsubdivisions for any purpose for which the deposit of bonds or other\nobligations of this state is now or may hereafter be authorized.\n
N.Y. PBA Law § 2448 — New York Code / Act PBA / Article 8 / Title 18 / Section 2448
Limitation of liability
Status: in_force

§ 2448. Limitation of liability. Neither the members of the agency,\nnor any person or persons acting in its behalf, while acting within the\nscope of their authority, shall be subject to any personal liability\nresulting from carrying out any of the powers expressly given in this\nact.\n
N.Y. PBA Law § 2438 — New York Code / Act PBA / Article 8 / Title 18 / Section 2438
Bond authorization
Status: in_force

§ 2438. Bond authorization. (1) The agency shall not issue bonds and\nnotes in an aggregate principal amount at any one time outstanding\nexceeding one billion dollars, excluding tax lien collateralized\nsecurities, special school purpose bonds, special school deficit program\nbonds, special program bonds issued to finance the reconstruction,\nrehabilitation or renovation of an educational facility pursuant to the\nprovisions of subdivision (b) of section sixteen of chapter six hundred\nfive of the laws of two thousand, special program bonds issued to\nfinance the cost of a project for design, reconstruction or\nrehabilitation of a school building pursuant to the provisions of\nsection fourteen of the city of Syracuse and the board of education of\nthe city school district of the city of Syracuse cooperative school\nreconstruction act, special program bonds issued to finance the cost of\na project for design, construction, reconstruction or rehabilitation of\na school building pursuant to the provisions of section thirteen of the\nYonkers city school district joint schools construction and\nmodernization act, recovery act bonds, public safety communications\nbonds and bonds and notes issued to refund outstanding bonds and notes.\n  (2) The agency shall not issue special school purpose bonds in an\naggregate principal amount in excess of: for the city of New York, four\nhundred thirty-five million dollars; for the city of Buffalo, four\nmillion seven hundred thousand dollars; for the city of Rochester, five\nmillion one hundred thousand dollars; for the city of Syracuse, eight\nhundred thousand dollars; and for the city of Yonkers, three hundred\nthousand dollars; or the amount of prior year claims that are due and\npayable to each such school district of each such special school purpose\nmunicipality pursuant to section thirty-six hundred four of the\neducation law. Such amount shall exclude bonds issued to fund any debt\nservice reserve fund, bonds issued to refund such special school purpose\nbonds, bonds issued to pay the costs of issuance of such special school\npurpose bonds and the amount of bonds that would constitute interest\nunder the Internal Revenue Code of 1986, as amended. Notwithstanding any\nprovision of law to the contrary, the special school purpose bonds\nissued for the city of New York shall be issued in such principal amount\nas will provide funds sufficient to pay interest on such bonds for a\nperiod of at least two years after the date of issuance thereof and such\namount shall be excluded from the limitation contained in this\nsubdivision.\n  (3) The agency shall not issue special school deficit program bonds\n(a) prior to the time the state comptroller determines the amount of the\naccumulated projected deficit of a special school deficit program\ndistrict in its general fund at the close of its current fiscal year\nending June thirtieth, two thousand two, including any budget notes and\nrevenue anticipation notes which may be part of such deficit, as\nprovided in a chapter of the laws of two thousand two, and (b) in\naggregate principal amount in excess of the lesser of (i) the amount of\nsuch deficit as determined by the state comptroller or (ii) sixteen\nmillion five hundred thousand dollars, excluding bonds to fund any debt\nservice reserve fund, bonds issued to refund special school deficit\nprogram bonds, bonds issued to pay the costs of issuance of such special\nschool deficit program bonds and the amount of bonds that would\nconstitute interest under the Internal Revenue Code of 1986, as amended.\n  (4) The fixing of the statutory maximum in this section shall not be\nconstrued as constituting a contract between the agency and the holders\nof its bonds or notes that additional bonds and notes may not be issued\nsubsequently by the agency in the event that such statutory maximum\nshall subsequently be increased by law.\n
N.Y. PBA Law § 2436-A — New York Code / Act PBA / Article 8 / Title 18 / Section 2436-A
School aid revenues
Status: in_force

§ 2436-a. School aid revenues. With respect to each issue of\noutstanding special school purpose bonds, the chairman of the agency\nshall annually certify, or in the case of the first such certificate\nwithin thirty days after the sale of an issue of special school purpose\nbonds, to the comptroller and the director of the budget, with a copy to\nthe commissioner of education, a schedule setting forth the amount of\nschool aid revenue necessary for payment of the following obligations:\n  (a) all interest and all payments of principal and redemption premium,\nif any, on such special school purpose bonds maturing or otherwise\ncoming due during the subsequent state fiscal year;\n  (b) the amounts required to be deposited in any debt service reserve\nfund with respect to such special school purpose bonds;\n  (c) the amount, if any, due to any provider of any bond credit or\nliquidity facility, representing payments made by it as provided in the\napplicable resolution or trust indenture, including any related\nreasonable interest, fees or charges so provided;\n  (d) the amount, if any, required to be rebated to the United States to\nprovide for continued federal tax exemption of such special school\npurpose bonds; and\n  (e) any administrative or other fees, costs or charges due to the\nagency or any other party in connection with such special school purpose\nbonds.\n  The certification may be amended and, in the event of a bond sale,\nshall be amended no later than thirty days after such sale. The schedule\naccompanying such certification shall provide for such payment dates as\nthe agency deems appropriate to ensure that sufficient funds will be\navailable to meet its obligations relating to such special school\npurpose bonds as they come due.\n
N.Y. PBA Law § 1600-R — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-R
Termination of the authority
Status: in_force

* § 1600-r. Termination of the authority. Whenever all of the bonds\nand notes issued by the authority shall have been redeemed or cancelled,\nand all its liabilities and duties met or discharged, and the\ntermination date of its corporate existence as set forth in section\nsixteen hundred-c of this title shall have been reached, the authority\nshall cease to exist and all rights, titles and interests and all\nobligations and liabilities thereof vested in or possessed by the\nauthority shall thereupon vest in and be possessed by the village of\nTarrytown.\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 2435-A — New York Code / Act PBA / Article 8 / Title 18 / Section 2435-A
Special program agreements
Status: in_force

§ 2435-a. Special program agreements. (1) In order to fulfill the\npurposes of this title and to provide a means by which the special\nprogram municipalities may (a) receive moneys to refund certain property\ntaxes determined to be in excess of state constitutional tax limits or\nto reimburse the special program municipalities for the prior refunding\nof such taxes or (b) receive moneys to be applied to the cost of\nsettling litigation involving the city school districts of special\nprogram municipalities and the teachers' unions in such special program\nmunicipalities, or (c) receive moneys for the financing of public\nimprovements to be applied to the cost of the reconstruction,\nrehabilitation or renovation of an educational facility pursuant to the\nprovisions of subdivision (b) of section sixteen of chapter six hundred\nfive of the laws of two thousand, or (d) receive moneys for the\nfinancing of public improvements to be applied to the cost of a project\nfor design, reconstruction or rehabilitation of a school building\npursuant to the provisions of section fourteen of the city of Syracuse\nand the board of education of the city school district of the city of\nSyracuse cooperative school reconstruction act, or (e) receive moneys\nfor the financing of public improvements to be applied to the cost of a\nproject for design, reconstruction or rehabilitation of a school\nbuilding, or the construction of a new school building, pursuant to the\nprovisions of section twelve of the Yonkers city school district joint\nschools construction and modernization act, and notwithstanding any\ngeneral or special law to the contrary, the agency and each special\nprogram municipality are hereby authorized to enter into one or more\nspecial program agreements, which special program agreements shall,\nconsistent with the provisions of this title, contain such terms,\nprovisions and conditions as, in the judgment of the agency, shall be\nnecessary or desirable. Each special program agreement shall specify the\namount to be made available to the respective special program\nmunicipality from the proceeds of an issue of special program bonds and\nshall require such special program municipality, subject to\nappropriation by the appropriate legislative body of such special\nprogram municipality, to make payments to the agency in the amounts and\nat the times determined by the agency to be necessary to provide for\npayment of such issue of special program bonds and such other fees,\ncharges, costs and other amounts as the agency shall in its judgment\ndetermine to be necessary or desirable.\n  (2) Any special program agreement entered into pursuant to subdivision\none of this section shall provide that the obligation of the special\nprogram municipality executing such special program agreement to fund or\npay the amounts therein provided for shall not constitute a debt of such\nspecial program municipality within the meaning of any constitutional or\nstatutory provision and shall be deemed executory only to the extent of\nmoneys available and that no liability shall be incurred by such special\nprogram municipality beyond the moneys available for the purpose, and\nthat such obligation is subject to annual appropriation by the\nappropriate legislative body of such special program municipality.\n
N.Y. PBA Law § 1600-J — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-J
Notes of the authority
Status: in_force

* § 1600-j. Notes of the authority. The authority shall have power\nfrom time to time to issue notes and from time to time to issue renewal\nnotes (herein referred to as notes) for any purpose or purposes for\nwhich bonds may be issued, whenever the authority shall determine that\npayment thereof can be made in full from any moneys or revenues which\nthe authority expects to receive from any source. The authority may\npledge such moneys or revenues or source thereof (subject to any other\npledge thereof) for the payment of the notes and may in addition secure\nthe notes in the same manner and with the same effect as herein provided\nfor bonds. The notes shall be sold and issued in the same manner as\nbonds.  The authority shall have power to make contracts for the future\nsale from time to time of the notes, by which the purchaser shall be\ncommitted to purchase the notes from time to time on terms and\nconditions stated in such contracts, and the authority shall have power\nto pay such consideration as it shall deem proper for such commitments.\nIn case of default on its notes, or violation of any of the obligations\nof the authority to the noteholders, the noteholders shall have all the\nremedies provided herein for bondholders. Such notes shall be as fully\nnegotiable as the bonds of the authority.\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 1600-K — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-K
Agreements of the village and the state
Status: in_force

* § 1600-k. Agreements of the village and the state. 1. The village is\nauthorized to, and the state of New York does hereby pledge to and agree\nwith the holders of the bonds or notes that neither the village nor the\nstate, respectively, will limit or alter the rights hereby vested in the\nauthority to acquire, construct, reconstruct, improve, equip, furnish,\nmaintain or operate any project or projects, to establish and collect\nrentals, fees and other charges and to fulfill the terms of any\nagreements made with the holders of the bonds or notes, or in any way\nimpair the rights and remedies of the bondholders or noteholders, until\nthe bonds or notes, together with interest thereon, with interest on any\nunpaid installments of interest and all costs and expenses in connection\nwith any action or proceeding by or on behalf of the bondholders or\nnoteholders, are fully met and discharged.\n  2. The authority is hereby authorized, in its discretion, for and on\nbehalf of itself and, subject to approval by the village board of\ntrustees and mayor, the village of Tarrytown, to covenant and agree with\nthe holders of the bonds or notes, with such exceptions and limitations\nas it may deem in the public interest and in the interests of the\nauthority's bondholders and noteholders, that no public parking areas or\nspaces, including the installation and operation of parking meters on\nthe public streets of the village, except those acquired and operated by\nthe authority will be constructed or operated in the village by the\nvillage (except as hereinafter provided), or by any public benefit or\nother corporation, the members of which are elected or appointed by the\nvillage officials, until either (a) the bonds or notes, together with\ninterest thereon, interest on any unpaid installments of interest and\nall costs and expenses in connection with any action or proceeding by or\non behalf of the bondholders or noteholders are fully met and\ndischarged; or (b) principal or interest of any of the bonds or notes\nshall be overdue and unpaid for a period of three years or more;\nprovided, however, nothing herein contained shall be deemed to impair\nthe right of the village to continue to operate the presently existing\nmunicipal parking facilities and any replacements thereof.\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 2435-B — New York Code / Act PBA / Article 8 / Title 18 / Section 2435-B
Tax lien purchase and sale agreements
Status: in_force

§ 2435-b. Tax lien purchase and sale agreements. (1) In order to\nfulfill the purposes of this title and to provide a means by which\nmunicipalities may collect the moneys necessary to fund their\nexpenditures and provide revenue to fund any other lawful purpose and\nnotwithstanding any general or special law to the contrary, the agency\nor its tax lien entity and any municipality are hereby authorized to\nenter into one or more purchase and sale agreements for the sale of tax\nliens by such municipality and the purchase of such tax liens by the\nagency or its tax lien entity, which purchase and sale agreements shall,\nconsistent with the provisions of this title, contain such terms,\nprovisions and conditions as, in the judgment of the agency or its tax\nlien entity, shall be necessary or desirable. Each purchase and sale\nagreement shall specify the amount to be made available to the\nrespective municipality from the proceeds of an issue of tax lien\ncollateralized securities which amount may be more or less than the face\namount of the tax liens purchased by the agency or its tax lien entity,\nand any other amounts which may be made available to the respective\nmunicipality on a contingent basis under the terms of the agreement. In\naddition, each purchase and sale agreement may require such\nmunicipality, subject to appropriation by the appropriate legislative\nbody of such municipality, to make provisions for the payment of such\nother fees, charges, costs and other amounts as the agency shall in its\njudgment determine to be necessary or desirable.\n  (2) Any purchase and sale agreement entered into pursuant to\nsubdivision one of this section shall provide that the obligation of the\nmunicipality executing such purchase and sale agreement to fund or pay\nthe amounts therein provided for shall not constitute a debt of such\nmunicipality within the meaning of any constitutional or statutory\nprovision and shall be deemed executory only to the extent of moneys\navailable and that no liability shall be incurred by such municipality\nbeyond the moneys available for such purpose, and that any such payment\nobligation of such municipality other than the timely payment of any\nmoneys collected by it and due to the agency or its tax lien entity as a\nresult of the redemption of tax liens which are the subject of such\npurchase and sale agreements, is subject to appropriation by the\nappropriate legislative body of such municipality.\n
N.Y. PBA Law § 2439 — New York Code / Act PBA / Article 8 / Title 18 / Section 2439
Reserve funds and appropriations
Status: in_force

§ 2439. Reserve funds and appropriations. The agency shall create and\nestablish one or more special funds to be known as debt service reserve\nfunds and shall pay into such reserve funds (a) any moneys appropriated\nand made available by the state for the purposes of such funds, (b) any\nproceeds of sale of bonds or notes, to the extent provided in the\nresolution of the agency authorizing the issuance thereof and (c) any\nother moneys which may be available to the agency for the purposes of\nsuch funds from any other source or sources. The moneys held in or\ncredited to the debt service reserve fund established under this\nsubdivision, except as hereinafter provided, shall be used solely for\nthe payment of the principal of the bonds of the agency secured by such\nreserve fund, as the same mature, sinking fund payments, the purchase of\nsuch bonds of the agency, the payment of interest on such bonds of the\nagency, or the payment of any redemption premium required to be paid\nwhen such bonds are redeemed prior to maturity, provided, however, that\nmoneys in any such fund shall not be withdrawn therefrom at any time in\nsuch amount as would reduce the amount of such fund to less than the\ndebt service reserve fund requirement, except for the purpose of paying\nprincipal and interest on the bonds of the agency secured by such\nreserve fund maturing and becoming due and any sinking fund payments and\nfor the payment of which other moneys of the agency are not available.\nMoneys in any debt service reserve fund not required for immediate use\nor disbursement, at the discretion of the agency may be invested in any\ninvestments approved or authorized in accordance with the provisions of\nsection ninety-eight of the state finance law.  In computing the amount\nof any debt service reserve fund for the purposes of this section,\nsecurities in which all or a portion of such fund are invested shall be\nvalued at par if purchased at par, or if purchased at other than par, at\namortized value. The agency shall not issue bonds at any time if upon\nissuance, the amount in the debt service reserve fund securing such\nbonds will be less than the debt service reserve fund requirement,\nunless the agency, at the time of issuance of such bonds, shall deposit\nin such reserve fund from the proceeds of the bonds so to be issued, or\notherwise, an amount which, together with the amount then in such\nreserve fund, will be not less than the debt service reserve fund\nrequirement.\n  Any excess in any debt service reserve fund at the close of any fiscal\nyear of the agency over the debt service reserve fund requirement may be\ntransferred to any other fund or account of the agency as the agency may\ndetermine.\n
N.Y. PBA Law § 2447 — New York Code / Act PBA / Article 8 / Title 18 / Section 2447
Actions
Status: in_force

§ 2447. Actions. In any case founded upon tort a notice of claim shall\nbe required as a condition precedent to the commencement of an action or\nspecial proceeding against the agency or any officer, appointee or\nemployee thereof, and the provisions of section fifty-e of the general\nmunicipal law shall govern the giving of such notice.\n  Except in an action for wrongful death, no action shall be commenced\n(a) prior to the expiration of thirty days from the date on which the\ndemand, claim or claims upon which the action is founded were presented\nto a director of the agency or other officer thereof designated for such\npurpose nor (b) more than one year and ninety days after the cause of\naction therefor shall have accrued. An action against the agency for\nwrongful death shall be commenced in accordance with the notice of claim\nand time limitation provisions of title eleven of article nine of this\nchapter.\n
N.Y. PBA Law § 1600-H — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-H
Moneys of the authority
Status: in_force

* § 1600-h. Moneys of the authority. All moneys of the authority shall\nbe paid to the village treasurer of the village as agent of the\nauthority, who shall not commingle such moneys with any other moneys.\nSuch moneys shall be deposited in a separate bank account or accounts.\nThe moneys in such accounts shall be paid out by the village treasurer\nof the village on requisition of the chairman of the authority or of\nsuch other person or persons as the authority may authorize to make such\nrequisitions after audit by the village treasurer of the village. All\ndeposits of such moneys shall, if required by the village treasurer of\nthe village or the authority, be secured by obligations of the United\nStates or of the state of New York of a market value equal at all times\nto the amount of the deposit, and all banks and trust companies are\nauthorized to give such security for such deposits. The treasurer of the\nvillage and his legally authorized representatives are authorized and\nempowered from time to time to examine the accounts and books of the\nauthority, including its receipts, disbursements, contracts, leases,\nsinking funds, investments and any other records and papers relating to\nits financial standing. The authority shall have power, notwithstanding\nthe provisions of this section, to contract with the holders of any of\nits bonds or notes as to the custody, collection, securing, investment\nand payment of any moneys of the authority or any moneys held in trust\nor otherwise for the payment of bonds or notes or in any way to secure\nbonds or notes, and to carry out any such contract notwithstanding that\nsuch contract may be inconsistent with the previous provisions of this\nsection. Moneys held in trust or otherwise for the payment of bonds or\nin any way to secure bonds and deposits of such moneys may be secured in\nthe same manner as moneys of the authority, and all banks and trust\ncompanies are authorized to give such security for such deposits. The\naccounts of the authority shall be subject to the supervision of the\nstate comptroller. The authority shall render a complete account of its\nproceedings to the village board of trustees at such time or times as\nrequired to do so by said village board of trustees.\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 1600-G — New York Code / Act PBA / Article 7 / Title 18 / Section 1600-G
Construction contracts
Status: in_force

* § 1600-g. Construction contracts. The authority shall let contracts\nfor construction in the same manner, so far as practicable, as is\nprovided by law for contracts for the village, except that where the\nestimated expense of a contract does not exceed twenty-four hundred\ndollars such contract may be entered into without public letting.\nNothing in this section shall be construed to limit the power of the\nauthority to do any construction directly by the officers, agents and\nemployees of the authority.\n  * NB Ceased to exist December 31, 1999\n
N.Y. PBA Law § 2454 — New York Code / Act PBA / Article 8 / Title 18 / Section 2454
Separability
Status: in_force

§ 2454. Separability. If any clause, sentence, paragraph, section or\npart of this title shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not effect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section or part thereof directly\ninvolved in the controversy in which such judgment shall have been\nrendered.\n
N.Y. ENV Law § 27-1809 — New York Code / Act ENV / Article 27 / Title 18 / Section 27-1809
Enforcement of this title
Status: in_force

§ 27-1809. Enforcement of this title.\n  1. Any person who violates the provisions of section 27-1805 of this\ntitle shall be liable for a civil penalty in the amount of fifty dollars\nfor the first violation, one hundred dollars for a second violation\ncommitted within twelve months of a prior violation and two hundred\ndollars for a third or subsequent violation committed within twelve\nmonths of any prior violation.\n  2. Any retailer as that term is defined in section 27-1803 of this\ntitle, who violates the provisions of section 27-1807 of this title\nshall be liable for a civil penalty in the amount of two hundred dollars\nfor the first violation, four hundred dollars for a second violation\ncommitted within twelve months of a prior violation, and five hundred\ndollars for a third or subsequent violation committed within twelve\nmonths of any prior violation.\n  3. Any battery manufacturer, as that term is defined in section\n27-1803 of this title, who violates the provisions of section 27-1807 of\nthis title shall be liable for a civil penalty in the amount of two\nthousand dollars for the first violation, four thousand dollars for a\nsecond violation committed within twelve months of a prior violation,\nand five thousand dollars for a third or subsequent violation committed\nwithin twelve months of any prior violation.\n  4. Civil penalties under this section shall be assessed by the\ncommissioner after a hearing or opportunity to be heard pursuant to the\nprovisions of section 71-1709 of this chapter, or shall be assessed by\nthe court in any action or proceeding pursuant to this section. In\naddition to any civil penalties, any person, retailer or manufacturer,\nas those terms are defined in section 27-1803 of this title, may by\nsimilar process be enjoined from continuing such violation.\n  5. In a city with a population of one million or more, such city\nshall, in addition to any authority otherwise conferred in this chapter,\nhave concurrent authority to enforce, by an agency or agencies\ndesignated for such purpose by the mayor of such city, the provisions of\nsection 27-1805 and subdivision one of section 27-1807 of this title.\nAny notice of violation issued by an agency designated by the mayor of\nsuch city charging a violation of section 27-1805 and subdivision one of\nsection 27-1807 of this title shall be returnable to the environmental\ncontrol board of such city. Such environmental control board shall have\nthe power to impose the civil penalties set forth in subdivisions one,\ntwo and three of this section. All civil penalties collected for any\nviolation of this title that have been imposed by the environmental\ncontrol board of such city shall be paid into the general fund of such\ncity. Such city shall share information with the department regarding\nenforcement, including notices of violation issued and penalties imposed\nand collected for violations in such city.\n