N.Y. PBA Law § 2655 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2655
General purposes and powers of the authority
Status: in_force

§ 2655. General purposes and powers of the authority.  The general\npurposes of the authority shall be to design, develop, plan, finance,\ncreate, site, construct, renovate, administer, operate, manage, and\nmaintain all metroplex facilities and metroplex parks within the service\ndistrict defined in section twenty-six hundred fifty-four of this title.\nTo carry out such purposes the authority shall have the power:\n  1. To sue and be sued;\n  2. To acquire, hold and dispose of real and personal property for its\ncorporate purposes;\n  3. To have a seal and alter the same at pleasure;\n  4. To borrow money and issue bonds for any of its corporate purposes\nor its projects, or to refund the same, and to provide for the rights of\nthe holders thereof;\n  5. To make, subject to the provisions of section twenty-six hundred\nfifty-five-a of this title, by-laws for the management and regulation of\nits affairs and, subject to agreements with bondholders, for the design,\ndevelopment, planning, construction, financing, operation, management,\nsiting and maintenance of all metroplex facilities and metroplex parks\nwithin the service district;\n  6. To appoint officers, agents and employees; and to describe their\nqualifications and fix their compensation; subject, however, to the\nprovisions of the civil service law as provided in this title;\n  7. To make contracts and leases, and to execute all instruments\nnecessary or convenient;\n  8. To design, develop, plan, finance, create, site, construct,\nrenovate, administer, operate, manage and/or maintain such buildings,\nparks, structures, and other facilities as may be necessary or\nconvenient, specifically, but not limited to:\n  (a) trade exhibition facilities;\n  (b) public show facilities;\n  (c) public entertainment facilities and parks;\n  (d) hotel and overnight accommodation facilities;\n  (e) transportation and parking facilities;\n  (f) historic preservation facilities and parks;\n  (g) tourism facilities and parks;\n  (h) sporting event facilities and parks;\n  (i) special entertainment facilities and parks;\n  (j) educational facilities and parks;\n  (k) cultural and social facilities and parks;\n  (l) infrastructure facilities;\n  (m) industrial and manufacturing facilities and parks; and/or\n  (n) business, commercial, retail, and/or government office space,\nbuildings and/or facilities;\n  9. To collect revenues, dues, costs, assessments, rentals, fees and\nother charges for the use of real or personal property and/or facilities\nand parks of the authority subject to and in accordance with such\nagreements with bondholders as may be provided in this title;\n  10. To contract for the services of architects, engineers,\nconsultants, lawyers, financial and other professional advisors,\ndevelopers, contractors, vendors, concessioners, tenants, facility\nand/or park users, occupants and managers and other professional\nconsultants and service providers, and to fix their compensation;\n  11. To declare, designate, establish, design, create, site, construct,\ndevelop, plan, finance, operate, renovate, administer, manage and/or\nmaintain parks and park districts within the service district so as to\nestablish parks and/or park districts for historic preservation,\neducational entertainment, and/or recreation;\n  12. Upon the resolution of a municipality, to avoid, and be exempt\nfrom, zoning and/or planning requirements, laws and/or regulations\nestablished, created or enacted by the municipality;\n  13. To designate the depositories of its money;\n  14. To establish its fiscal year;\n  15. To appoint such officers, employees and agents as the authority\nmay require for the performance of its duties and to fix and determine\ntheir qualifications, duties, and compensation subject to the provisions\nof the civil service law and any applicable collective bargaining\nagreement, and to retain or employ counsel, auditors, engineers and\nprivate consultants on a contract basis or otherwise for rendering\nprofessional, management or technical services and advice;\n  16. To receive and consider reports and recommendations from any\nadvisory councils or boards as may be established by local law,\nordinance, or resolution; and\n  17. To do all things necessary, convenient or desirable, including\nancillary and incidental activities, to carry out its purposes and for\nthe exercise of the powers granted in this title.\n
N.Y. PBA Law § 2662 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2662
Private donations
Status: in_force

§ 2662. Private donations.  Notwithstanding the provisions of any\ngeneral or special law to the contrary, any person may donate, give,\ntender or provide, and the authority may receive, private monies to\nassist the authority in its successful operation and achievement of its\nlawful goals, powers and purposes.\n
N.Y. PBA Law § 2676-O — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-O
Exemption from taxes, assessments and certain fees
Status: in_force

§ 2676-o. Exemption from taxes, assessments and certain fees. 1. The\nauthority shall not be required to pay any fees, taxes, special ad\nvalorem levies, or assessments, whether state or local, including but\nnot limited to fees, taxes, special ad valorem levies, or assessments on\nreal property, franchise taxes, sales taxes, or other excise taxes, upon\nany property owned by it or under its jurisdiction, control or\nsupervision, or upon the uses thereof, or upon its activities in the\noperation and maintenance of its facilities or any rentals, rates,\ncharges, fees, revenues, or other income received by the authority.\nNotwithstanding the previous sentence, the authority shall be required\nto pay water and pure water fees or charges as may be negotiated by any\npublic corporation. The authority shall at all times be exempt from any\nfiling, mortgage recording, or transfer fees or taxes in relation to\ninstruments filed, recorded, or transferred by it or on its behalf. The\nconstruction, use, occupation, or possession of any property owned by\nthe authority or the county, including improvements thereon, by any\nperson or public corporation under a lease, lease and sublease, or any\nother agreement shall not operate to abrogate or limit the foregoing\nexemption, notwithstanding that the lessee, user, occupant, or person in\npossession shall claim ownership for federal income tax purposes.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom as well as the property of the authority shall at all times be\nexempt from taxes, except for transfer and estate taxes. The state\nhereby covenants with the purchasers and with all subsequent holders and\ntransferees of bonds issued by the authority pursuant to this title, in\nconsideration of the acceptance of and payment for the bonds, that the\nbonds of the authority issued pursuant to this title and the income\ntherefrom and all revenues, monies, and other property pledged to secure\nthe payment of such bonds shall at all times be free from taxation,\nexcept for transfer and estate taxes.\n
N.Y. PBA Law § 2642-D — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-D
Purposes of the authority
Status: in_force

§ 2642-d. Purposes of the authority. 1. The purposes of the authority\nshall be the continuance, further development and improvement of\nrailroad transportation and other services related thereto within the\ncounties of Chautauqua, Cattaraugus, Allegany and Steuben, in accordance\nwith the provisions of this title. It shall be the further purpose of\nthe authority to develop and implement a unified railroad transportation\npolicy and strategy for such counties.\n  2. It is hereby found and declared that such purposes are in all\nrespects for the benefit of the people of the state and the authority\nshall be regarded as performing an essential governmental function in\ncarrying out its purposes and in exercising the powers granted by this\ntitle.\n
N.Y. PBA Law § 2613 — New York Code / Act PBA / Article 8 / Title 28 / Section 2613
Appropriations by the park district
Status: in_force

§ 2613. Appropriations by the park district. 1. On or before August\nfifteenth, nineteen hundred eighty-one, and on each August fifteenth\nthereafter, the chairman of the authority, for the approval by the park\ndistrict, shall make and deliver to the official designated by the park\ndistrict a budget for the operation of participating olympic facilities\nby the authority for the forthcoming fiscal year of the state. The\nbudget shall delineate the total amount needed for authority purposes,\nincluding the funds required by the authority for operation of the\nparticipating olympic facilities pursuant to agreements made in\naccordance with sections twenty-six hundred twelve and twenty-six\nhundred fourteen of this title, the source of all funds that the\nauthority expects to receive and such other information as such official\nof the park district shall require. The park district shall approve the\nbudget for the operation of participating olympic facilities by the\nauthority if the park district determines that the budget demonstrates\nthat the authority, without operating at a deficit, can continue in the\nforthcoming fiscal year of the state in the exercise of its corporate\npurposes, powers, duties and functions with the appropriations from the\nstate and the park district in the amounts determined in accordance with\nsections twenty-six hundred twelve and twenty-six hundred fourteen of\nthis title and income received by the authority from other sources.\n  2. The park district may appropriate and provide to the authority an\namount of money determined in accordance with subparagraphs one and two\nof paragraph (g) of subdivision two of section twenty-six hundred twelve\nof this title. The park district shall notify the state director of the\nbudget not later than October first of each year whether or not it has\napproved the budget, made an appropriation to the authority and if such\nappropriation is made, the amount thereof.\n
N.Y. PBA Law § 2639 — New York Code / Act PBA / Article 8 / Title 28-A / Section 2639
Conflicts of interest
Status: in_force

§ 2639. Conflicts of interest. No member of the board of directors or\nofficer or employee of the commission shall have any interest in any\ncontract, or take any action or otherwise involve himself or herself in\nany activity which, pursuant to article eighteen of the general\nmunicipal law, would be deemed a conflict of interest for a municipal\nofficer or employee holding a position with a municipality similar to\nthe position held by the member, officer or employee with the\ncommission.\n  It shall not be deemed a conflict of interest for a person to\nsimultaneously hold positions as a member and as an officer of the\ncommission.\n
N.Y. PBA Law § 2655-C — New York Code / Act PBA / Article 8 / Title 28-B / Section 2655-C
Capital plan of the authority
Status: in_force

§ 2655-c. Capital plan of the authority. On or before the first day of\nMarch, the authority shall annually produce, and present at a public\nhearing for public comment, a five-year capital projects plan, outlining\nthe vision of its intended capital projects for the next five years.\nWith respect to each project proposed in the plan, the authority shall\nprovide a detailed description of the:\n  1. overall nature, purpose and extent of the project;\n  2. proposed amount and sources of capital funding to complete the\nproject;\n  3. proposed amount and sources of operating funding necessary to\noperate the project;\n  4. urban and community planning performed or which needs to be\nperformed;\n  5. economic development potential of the project;\n  6. financial feasibility of the project;\n  7. geographic location and impact of the project;\n  8. impact of the project on the community's natural resources;\n  9. tourism, entertainment and arts development potential of the\nproject;\n  10. human and physical infrastructure requirements and impact of the\nproject; and\n  11. other factors which have been considered for the purpose of\nenhancing the viability of the county.\n  An annual presentation of this five-year capital plan shall further be\nmade to the county legislature. After the presentation of the first\nfive-year capital plan, any subsequent plan presented shall describe any\nchanges from, modifications to, and the current status of, projects\nincluded in the previous plans. In developing and maintaining such plan,\nthe authority shall, from time to time, enter into contracts with any\nand all outside experts it may deem necessary for the plan's successful\nproduction, presentation and development.\n
N.Y. PBA Law § 2635 — New York Code / Act PBA / Article 8 / Title 28-A / Section 2635
Civil service status of officers and employees
Status: in_force

§ 2635. Civil service status of officers and employees. Officers and\nemployees of any board, commission or department of the municipality may\nbe transferred to the commission in accordance with the provisions of\nthe civil service law and shall be eligible for such transfer and\nappointment without examination to offices and positions under the\ncommission. Officers and employees of the city who are members or\nbeneficiaries of any existing pension or retirement system shall\ncontinue to have the rights, privileges, obligations and status with\nrespect to such system or systems as are now prescribed by law, and all\nsuch employees who have been appointed to positions in the service of\nthe city under the rules of the municipal civil service commission of\nthe municipality shall have the same status with respect thereto after\ntransfer to the commission as they had under their original\nappointments. The appointment and promotion of all employees of the\ncommission shall be made in accordance with the provisions of the civil\nservice law and the rules of the appropriate municipal civil service\ncommission.\n
N.Y. PBA Law § 2614 — New York Code / Act PBA / Article 8 / Title 28 / Section 2614
Agreements with the state
Status: in_force

§ 2614. Agreements with the state. 1. The specific terms of each\nagreement shall be negotiated between the authority and any state agency\nwhich administers or supervises a participating olympic facility owned\nby the state of New York.\n  2. Each such agreement shall provide the following:\n  (a) The authority shall receive the participating olympic facility,\nincluding the personal property and equipment used solely in connection\ntherewith, which is the subject matter of this agreement in its\ncondition at the time of the commencement of the agreement.\n  (b) The authority shall agree to continue to provide at the\nparticipating olympic facility the space, facilities and the level of\npublic recreation, including youth sports training, promotion and\nprogramming, as was provided by the state agency operating said facility\nduring the year immediately preceding the execution of the agreement.\n  (c) The authority shall comply with all agreements executed by the\nstate affecting the participating olympic facility existing at the time\nthe authority enters into the agreement with the state, provided such\nexisting agreements are listed in the agreement with the state.\n  (d) Upon termination of the agreement, the personal property,\nincluding replacements and/or substitutions therefor, which is owned by\nthe authority and used solely in connection with the participating\nolympic facility which is the subject matter of the agreement shall pass\nto and be vested in the state. Such personal property shall be accepted\nby the state in its condition at the time of such termination.\n  (e) The authority shall maintain and keep the participating olympic\nfacility, including the personal property and equipment used solely in\nconnection therewith, in good repair, provided that the authority shall\nnot be required to repair any damage to the participating olympic\nfacility, including the personal property and equipment used solely in\nconnection therewith, existing at the time the authority enters into the\nagreement unless funds are made available to the authority therefor.\n  (f) The authority may make improvements to the participating olympic\nfacility to the extent that federal funds are made available for such\npurpose.\n  (g) The authority may terminate its agreement with the state, if the\nstate fails to carry out all of the provisions of the agreement or fails\nto appropriate and pay in each fiscal year of the state commencing with\nthe fiscal year beginning April first, nineteen hundred eighty-two, the\namount expended by the department of environmental conservation for the\noperation of the olympic facilities in the fiscal year immediately\npreceding the execution of said agreement, plus an amount supplied by a\nformula to be agreed upon by the parties which will reflect the\nlegitimate and necessary net cost increases which may occur over the\nlife of such agreement.\n  (h) The state may terminate its agreement with the authority if the\ndirector of the budget shall not approve the budget of the authority or\nif the park district fails to appropriate and pay funds as provided in\nsubparagraphs one and two of paragraph (g) of subdivision two of section\ntwenty-six hundred twelve of this title.\n  (i) To the extent the authority is not covered by insurance, the\nauthority shall be held harmless by the state for any and all claims for\ndamages or injuries arising out of the operation by the authority of any\nparticipating olympic facility owned by the state.\n  3. The authority shall enter into an agreement with the department of\nenvironmental conservation for the authority to operate, maintain and\nmanage the Gore Mountain ski center located in the town of Johnsburg,\ncounty of Warren, state of New York. The specific terms of such\nagreement shall be negotiated by the authority and the department and\nshall include those provisions set forth in subdivision two of this\nsection for inclusion in agreements with the state. Such agreement shall\nalso provide that the authority may terminate the agreement if the state\nfails to appropriate and pay to the olympic regional development\nauthority for the five consecutive fiscal years from April first,\nnineteen hundred eighty-five, through March thirty-first, nineteen\nhundred ninety for the operation of Gore Mountain, an amount at least\nequal to the amount of funds appropriated and paid to the authority for\nthe operation of Gore Mountain ski center for the fiscal year of the\nstate beginning April first, nineteen hundred eighty-four, plus an\namount supplied by the formula agreed to by the parties pursuant to\nparagraph (g) of subdivision two of this section. All of the powers of\nthe authority provided by this title or any other law, including those\npertaining to participating olympic facilities, shall apply in\nconnection with such agreement and the operation and management of the\nGore Mountain ski center.\n  4. The authority shall enter into an agreement with the department of\nenvironmental conservation for the authority to operate, maintain and\nmanage the Belleayre Mountain ski center located in Ulster and Delaware\ncounties, state of New York. The specific terms of such agreement shall\nbe negotiated by the authority and the department and shall include\nthose provisions set forth in subdivision two of this section for\ninclusion in agreements with the state. Such agreement shall include\nprovisions to assure the continued viability of Belleayre as an\nattractive year-round tourist destination by, at a minimum, maintaining\na level of capital investment, maintenance and operating support,\nconsistent with the historical operating support, capital investment and\nmaintenance provided by the department at Belleayre so that Belleayre\nMountain ski center may be operated, maintained and improved in a\nsimilar manner to that of Whiteface and Gore Mountain ski centers. In\naddition, such agreement shall include provisions ensuring that the\nauthority dedicate and utilize, for the operation, capital support and\nmaintenance of Belleayre Mountain ski center: funds appropriated for the\noperation, maintenance and/or improvements of Belleayre Mountain ski\ncenter, revenue received as a result of Belleayre Mountain ski center\noperations, and monies received or intended from other sources and\naccounts that are intended for Belleayre Mountain ski center. All powers\nof the authority provided by this title or any other law, including\nthose pertaining to participating olympic facilities, shall apply in\nconnection with the operation and management of the Belleayre Mountain\nski center.\n  5. The authority is hereby authorized to enter into an agreement with\nthe town of Johnsburg, Warren county to operate and manage town-owned\nski and recreational facilities on town property in such town. The\nspecific terms of such agreement shall be negotiated by the authority\nand the town and shall include those provisions set forth in subdivision\ntwo of this section for inclusion in such agreement with the town. All\nof the powers of the authority provided by this title or any other law,\nincluding those pertaining to participating olympic facilities, shall\napply in connection with such agreement and the operation and management\nof such facilities.\n
N.Y. PBA Law § 2642-P — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-P
Action by or against the authority
Status: in_force

§ 2642-p. Action by or against the authority. 1. Except in an action\nfor wrongful death, no action or special proceeding shall be prosecuted\nor maintained against the authority, its members, officers or employees\nfor personal injury or damage to real or personal property alleged to\nhave been sustained by reason of the negligence, tort or wrongful act of\nthe authority or of any member, officer, agent or employee thereof,\nunless (a) notice of claim shall have been made and served upon the\nauthority within the time limit set by and in compliance with section\nfifty-e of the general municipal law, (b) it shall appear by and as an\nallegation in the complaint or moving papers that at least thirty days\nhave elapsed since the service of such notice and that adjustment or\npayment thereof has been neglected or refused, and (c) the action or\nspecial proceeding shall be commenced within one year and ninety days\nafter the happening of the event upon which the claim is based. 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  2. Whenever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority shall have power to settle or adjust all claims in\nfavor of or against the authority.\n  4. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this title in which the\nauthority may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of any of the\nparticipating counties.\n  5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, shall be the rate prescribed by section five\nthousand four of the civil practice law and rules.\n  6. All actions or proceedings against the authority of whatever nature\nshall be brought in a supreme court in any of the participating\ncounties.\n
N.Y. PBA Law § 2624 — New York Code / Act PBA / Article 8 / Title 28 / Section 2624
Exemption from taxation
Status: in_force

§ 2624. Exemption from taxation. 1. It is hereby determined that the\ncreation of the authority and the conduct of its corporate purposes is\nin all respects for the benefit of the people of this state and the\nUnited States, and is a public purpose, and the authority shall be\nregarded as performing a governmental function in the exercise of the\npowers conferred upon it by this title.\n  2. The authority, its operations, property and moneys shall be free\nfrom taxation of every kind and nature by a public corporation, the\nstate and any subdivision thereof.\n
N.Y. PBA Law § 2605 — New York Code / Act PBA / Article 8 / Title 28 / Section 2605
Short title
Status: in_force

§ 2605. Short title. This title shall be known and may be cited as the\n"New York state olympic regional development authority act".\n
N.Y. PBA Law § 2675-R — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-R
Severability
Status: in_force

§ 2675-r. Severability. If any provision of any section of this title\nor the application thereof to any person or circumstance shall be\nadjudged invalid by a court of competent jurisdiction, such order or\njudgement shall be confined in its operation to the controversy in which\nit was rendered, and shall not affect or invalidate the remainder of any\nprovision of any section of this title or the application of any part\nthereof to any other person or circumstance and to this end the\nprovisions of each section of this title are hereby declared to be\nseverable.\n
N.Y. PBA Law § 2676-E — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-E
Transfer of officers and employees
Status: in_force

§ 2676-e. Transfer of officers and employees. 1. In accordance with\nthe provisions of section seventy of the civil service law, any officer\nor employee of the county, may, at the request of the authority and with\nthe consent of the county executive, be transferred to the authority and\nshall be eligible for such transfer and appointment, without further\nexamination, to applicable offices, positions, and employment under the\nauthority. Any such officers or employees so transferred to the\nauthority pursuant to this section, who are members of or benefit under\nany pension or retirement fund or system under the laws of the state,\nshall continue to have all rights, privileges, obligations and status\nwith respect to such fund or system as are prescribed by law, but during\nthe period of their employment by the authority, all contributions to\nsuch funds or systems to be paid by the employer on account of such\nofficers or employees shall be paid by the authority.\n  2. A transferred employee shall remain in the same collective\nbargaining unit as was the case prior to such employee's transfer;\nsuccessor employees to the positions held by such transferred employees\nshall, consistent with the provisions of article fourteen of the civil\nservice law, be included in the same unit as such employee's\npredecessors.  Employees serving in positions in newly created titles\nshall be assigned to the same collective bargaining unit as such\nemployees would have been assigned to such unit were such titles created\nprior to the establishment of the authority. Nothing contained in this\ntitle shall be construed (a) to diminish the rights of employees\npursuant to a collective bargaining agreement; or (b) to affect existing\nlaw with respect to an application to the public employment relations\nboard seeking a designation by the board that certain persons are\nmanagerial or confidential.\n
N.Y. ENV Law § 27-2801 — New York Code / Act ENV / Article 27 / Title 28 / Section 27-2801
Definitions
Status: in_force

§ 27-2801. Definitions.\n  As used in this title:\n  1. "Exempt bag" means a bag: (a) used solely to contain or wrap\nuncooked meat, fish, or poultry; (b) bags used by a customer solely to\npackage bulk items such as fruits, vegetables, grains, or candy; (c)\nbags used solely to contain food sliced or prepared to order; (d) bags\nused solely to contain a newspaper for delivery to a subscriber; (e)\nbags sold in bulk to a consumer at the point of sale; (f) trash bags;\n(g) food storage bags; (h) garment bags; (i) bags prepackaged for sale\nto a customer; (j) plastic carryout bags provided by a restaurant,\ntavern or similar food service establishment, as defined in the state\nsanitary code, to carryout or deliver food; or (k) bags provided by a\npharmacy to carry prescription drugs.\n  2. "Plastic carryout bag" means any plastic bag, other than an exempt\nbag, that is provided to a customer by a person required to collect tax\nto be used by the customer to carry tangible personal property,\nregardless of whether such person required to collect tax sells any\ntangible personal property or service to the customer, and regardless of\nwhether any tangible personal property or service sold is exempt from\ntax under article twenty-eight of the tax law.\n  3. "Paper carryout bag" means a paper bag, other than an exempt bag,\nthat is provided to a customer by a person required to collect tax to be\nused by the customer to carry tangible personal property, regardless of\nwhether such person required to collect tax sells any tangible personal\nproperty or service to the customer, and regardless of whether any\ntangible personal property or service sold is exempt from tax under\narticle twenty-eight of the tax law.\n  4. "Reusable bag" means a bag: (a) made of cloth or other machine\nwashable fabric that has handles; or (b) a durable bag with handles that\nis specifically designed and manufactured for multiple reuse.\n  5. "Person required to collect tax" means any vendor of tangible\npersonal property subject to the tax imposed by subdivision (a) of\nsection eleven hundred five of the tax law.\n
N.Y. PBA Law § 2675-N — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-N
Tax exemption and tax contract by the state
Status: in_force

§ 2675-n. Tax exemption and tax contract by the state. 1. It is hereby\ndetermined that the creation of the authority and the carrying out of\nits corporate purposes is in all respects for the benefit of the people\nof the state of New York and is a public purpose. Accordingly, the\nauthority shall be regarded as performing an essential governmental\nfunction in the exercise of the powers conferred upon it by this title,\nand the authority shall not be required to pay any fees, taxes, special\nad valorem levies or assessments of any kind, whether state or local,\nincluding but not limited to fees, taxes, special ad valorem levies or\nassessments on real property, franchise taxes, sales taxes or other\ntaxes, upon or with respect to any property owned by it or under its\njurisdiction, control or supervision, or upon the uses thereof, or upon\nor with respect to its activities or operations in furtherance of the\npowers conferred upon it by the title, or upon or with respect to any\nrentals, rates, charges, fees, revenues or other income received by the\nauthority.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom shall at all times be exempt from taxation.\n  3. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the authority issued pursuant\nto this title and the income therefrom and all revenues, monies, and\nother property pledged to pay or to secure the payment of such bonds\nshall at all times be free from taxation.\n  4. The authority may pay, or may enter into agreements with the county\nor any municipality to pay, a sum or sums annually or otherwise or to\nprovide other considerations with respect to real property owned by the\nauthority located within the county or such municipality.\n
N.Y. PBA Law § 2642-F — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-F
Special powers of the authority
Status: in_force

§ 2642-f. Special powers of the authority. In order to effectuate the\npurposes of this title: 1. The authority may acquire, by purchase, gift,\ngrant, transfer, contract or lease, any railroad facility, wholly or\npartially within the counties of Chautauqua, Cattaraugus, Allegany and\nSteuben or any part thereof, or the use thereof, and may enter into any\njoint service arrangements as provided in this section. Any such\nacquisition or joint service arrangement shall be authorized only by\nresolution of the authority approved by not less than a majority of the\nwhole number of voting members of the authority. In addition to and not\nin limitation of any other power conferred upon the authority by the\nprovisions of this title, the authority is hereby empowered and\nauthorized in respect of any property and assets at any time owned or\nheld by, or under the jurisdiction of, the state, the Commonwealth, any\npolitical subdivision thereof, or any private or other public concern,\nto accept and receive any such interest therein as it may have been or\nmay hereafter be designated by the state, the Commonwealth, any\npolitical subdivision thereof, or any other public or private concern,\nby law or other lawful means to receive, and in respect thereof, except\nas otherwise provided by the designating statute or contractual\ninstrument, it shall have and exercise all of the powers and\njurisdiction herein conferred upon it in respect of any other property,\nrights, assets, facilities and projects in any other manner acquired or\nfrom any other source received by it pursuant to the provisions of this\ntitle.\n  2. The authority may on such terms and conditions as the authority may\ndetermine necessary, convenient or desirable itself establish,\nconstruct, effectuate, operate, maintain, renovate, improve, extend or\nrepair any such railroad facility, or may provide for such\nestablishment, construction, effectuation, operation, maintenance,\nrenovation, improvement, extension or repair by contract, lease, or\nother arrangement on such terms as the authority may deem necessary,\nconvenient or desirable with any person, including, but not limited to,\nany common carrier or freight forwarder or other private for-profit\nfirm, the state, the Commonwealth, any agency or the state or\nCommonwealth, the federal government, any other state or agency or\ninstrumentality thereof, any non-profit corporation, any public\nauthority of this or any other state or any political subdivision or\nmunicipality of the state. In connection with the operation of any such\nrailroad facility, the authority may establish, construct, effectuate,\noperate, maintain, renovate, improve, extend or repair or may provide by\ncontract, lease or other arrangement for the establishment,\nconstruction, effectuation, operation, maintenance, renovation,\nimprovement, extension or repair of any related services and activities\nit deems necessary, convenient or desirable, including, but not limited\nto, the transportation and storage of freight and the United States\nmail, feeder and connecting transportation, parking areas,\ntransportation centers, stations and related facilities.\n  3. The authority may establish, levy and collect or cause to be\nestablished, levied and collected and, in the case of a joint service\narrangement, join with others in the establishment, levy and collection\nof such fares, tolls, rentals, rates, charges and other fees as it may\ndeem necessary, convenient or desirable for the use and operation of any\nrailroad facility and related services operated by the authority or\nunder contract, lease or other arrangement, including joint service\narrangements, with the authority.\n  4. The authority may establish and, in the case of joint service\narrangements, join with others in the establishment of such schedules\nand standards of operations and such other rules and regulations\nincluding but not limited to rules and regulations governing the conduct\nand safety of the public as it may deem necessary, convenient or\ndesirable for the use and operation of any railroad facility and related\nservices operated by the authority or under contract, lease or other\narrangement, including joint service arrangements, with the authority.\n  5. The authority may acquire, hold, own, lease, establish, construct,\neffectuate, operate, maintain, renovate, improve, extend or repair any\nof its facilities.\n  6. The authority, in its own name, may apply for and receive and\naccept grants of property, money and services and other assistance\noffered or made available to it by any person, government or agency\nwhich it may use to meet capital or operating expenses and for any other\nuse within the scope of its powers, and to negotiate for the same upon\nsuch terms and conditions as the authority may determine to be\nnecessary, convenient or desirable.\n  7. The authority may do all things it deems necessary, convenient or\ndesirable to manage, control and direct the maintenance and operation of\nrailroad facilities, equipment or real property operated by or under\ncontract, lease or other arrangement with the authority. Except as\nhereinafter specially provided, no municipality or political\nsubdivision, including but not limited to a county, city, village, town\nor school or other district shall have jurisdiction over any facilities\nof the authority or any of its activities or operations. The local laws,\nresolutions, ordinances, rules and regulations of a municipality or\npolitical subdivision in the state conflicting with this title or any\nrule or regulation of the authority, shall not be applicable to the\nactivities or operations of the authority, or the facilities of the\nauthority, except such facilities that are devoted to purposes other\nthan transportation purposes. The authority may agree with the New York\nstate department of transportation for the execution by such department\nof any grade crossing elimination project or any grade crossing\nseparation reconstruction project along any railroad facility operated\nby the authority or under contract, lease or other arrangement with the\nauthority. Any such project shall be executed as provided in article ten\nof the transportation law and the railroad law, respectively, and the\ncosts of any such project shall be borne as provided in such laws.\n
N.Y. PBA Law § 2659 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2659
Acquisition of land
Status: in_force

§ 2659. Acquisition of land. The authority, upon the terms and\nconditions approved by resolution of the authority, shall have the power\nto acquire real property located within the service district by\npurchase, lease or condemnation to accomplish its lawful purposes. It\nshall also have the power to sell, lease or otherwise dispose of real\nproperty and shall retain and have the power to use the proceeds of such\nsale, rentals or other monies derived from the disposition thereof for\nits lawful purposes.  A resolution of the authority to condemn real\nproperty shall require a two-thirds majority of the board for approval.\n  Claims for the value of the real property condemned and for legal\ndamages caused by any such condemnation shall be adjusted and determined\nby the chairman with the approval of the board, or by the supreme court\nof Schenectady county as provided in section twenty-six hundred seventy\nof this title. When a claim has been filed with the supreme court, the\nclaimant shall cause a copy of such claim to be served upon the\nauthority and the authority shall have the right to be represented and\nheard before said court. All awards and judgments arising from such\nclaims shall be paid out of moneys of the authority.\n
N.Y. PBA Law § 2630 — New York Code / Act PBA / Article 8 / Title 28-A / Section 2630
Short title
Status: in_force

§ 2630. Short title. This title shall be known and may be cited as the\n"Hudson-Mohawk urban cultural park commission act."\n
N.Y. PBA Law § 2617 — New York Code / Act PBA / Article 8 / Title 28 / Section 2617
Moneys of the authority
Status: in_force

§ 2617. Moneys of the authority. 1. The moneys of the authority shall\nbe retained by it and deposited in a general account and such other\naccounts as the authority may deem necessary for the transaction of its\nbusiness, and shall be paid out on checks signed by the president/chief\nexecutive officer of the authority or by such other members or officers\nas the authority may authorize.\n  2. The comptroller of the state and his legally authorized\nrepresentatives are hereby authorized and empowered from time to time to\nexamine the accounts and books of the authority including its receipts,\ndisbursements, contracts, investments and any other matters relating to\nits financial standing.\n
N.Y. PBA Law § 2669-B — New York Code / Act PBA / Article 8 / Title 28-B / Section 2669-B
Agreement with county
Status: in_force

§ 2669-b. Agreement with county. 1. The county is authorized to pledge\nto and agree with the holders of any bonds issued by the authority\npursuant to this title and secured by such a pledge, and with those\npersons or public authorities who may enter into contracts with the\nauthority pursuant to the provisions of this title that the county will\nnot alter, limit or impair the rights hereby vested in the authority to\npurchase, construct, own and operate, maintain, repair, improve,\nreconstruct, renovate, rehabilitate, enlarge, increase and extend, or\ndispose of any project, or any part or parts thereof, for which bonds of\nthe authority shall have been issued, to establish, collect and adjust\nrates, rents, fees and other charges referred to in this title, to\nfulfill the terms of any agreements made with the holders of the bonds\nor with any public authority or person with reference to such project or\npart thereof, or in any way impair the rights and remedies of the\nholders of bonds, until the bonds, together with interest thereon,\nincluding interest on any unpaid installments of interest, and all costs\nand expenses in connection with any action or proceeding by or on behalf\nof the holders of bonds, are fully met and discharged and such contracts\nare fully performed on the part of the authority.\n  2. (a) Nothing contained in this title shall be deemed to restrict the\nright of the county to repeal the sales and compensating use taxes\nimposed pursuant to the authority of section twelve hundred ten-C of the\ntax law, provided such county imposes sales and compensating use taxes\npursuant to the authority of section twelve hundred ten of the tax law\nat a rate not less than one-half of one percent, or, if the county does\nnot impose such taxes pursuant to the authority of section twelve\nhundred ten-C of the tax law, to reduce the rate of such taxes imposed\npursuant to the authority of such section twelve hundred ten of the tax\nlaw to a rate not less than one-half of one percent, or to amend, modify\nor otherwise alter such taxes or appropriations relating thereto or to\namend, modify, repeal or otherwise alter other taxes or fees or\nappropriations relating thereto.\n  (b) The authority shall not include in any resolution, contract or\nagreement with the holders of its bonds, or such persons or public\nauthorities who may enter into contracts with the authority, any\nprovision stating that, as a result of the county exercising its right\nto reduce, as described in paragraph (a) of this subdivision, the rate\nof, amend, modify or otherwise alter such sales and compensating use\ntaxes or related appropriations, or its right to amend, repeal, modify\nor otherwise alter any such other tax, fee or appropriation a default\nwill occur.\n  3. Nothing in this title shall be deemed to obligate the county to\nmake additional payments or impose any taxes to satisfy the debt service\nobligations of the authority.\n
N.Y. PBA Law § 2620 — New York Code / Act PBA / Article 8 / Title 28 / Section 2620
Public bidding
Status: in_force

§ 2620. Public bidding. 1. Construction contracts let by the authority\nshall be in conformity with the applicable provisions of sections one\nhundred thirty-five and one hundred forty-four of the state finance law.\n  2. The authority may assign contracts for supervisions and\ncoordination to the successful bidder for any subdivision of work for\nwhich the authority receives bids. Any construction contract award by\nthe authority shall contain such other terms and conditions as the\nauthority may deem desirable. The authority shall not award any\nconstruction contract except to the lowest bidder who, in its opinion,\nis qualified to perform the work required and who is responsible and\nreliable. The authority may, however, reject any or all bids or waive\nany informality in a bid if it reasonably believes that the public\ninterest will be promoted thereby. The authority may reject any bid if,\nin its judgment, the business and technical organization, plant,\nresources, financial standing, or experience of the bidder justifies\nsuch rejection in view of the work to be performed.\n
N.Y. PBA Law § 2642-M — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-M
Contracts
Status: in_force

§ 2642-m. Contracts. 1. All contracts for the construction,\nreconstruction, rehabilitation or improvement of buildings let by the\nauthority shall comply with the provisions of section two hundred twenty\nof the labor law and shall also be subject to the provisions of law\napplicable to contracts let by a municipal corporation, except as\notherwise provided herein.\n  2. All contracts for the construction, reconstruction, rehabilitation\nor improvement of buildings let by the authority shall be in conformity\nwith the applicable provisions of section one hundred thirty-five of the\nstate finance law.\n  3. The authority may, in its discretion, assign contracts for\nsupervision and coordination to the successful bidder for any\nsubdivision of work for which the authority receives bids. Any\nconstruction contract awarded by the authority shall contain such other\nterms and conditions as the authority may deem desirable. The authority\nshall award any construction contract involving an expenditure of more\nthan five thousand dollars to the lowest bidder who, in its opinion, is\nqualified to perform the work required and who is responsible and\nreliable. The authority may, however, reject any or all bids or waive\nany informality in a bid if it believes that the public interest will be\npromoted thereby. The authority may reject any bid, if, in its judgment,\nthe business and technical organization, plant, resources, financial\nstanding, or experience of the bidder justifies such rejection in view\nof the work to be performed.\n  4. For the purposes of article fifteen-A of the executive law only,\nthe authority shall be deemed a state agency as that term is used in\nsuch article, and all contracts for procurement, design, construction,\nservices and materials shall be deemed state contracts within the\nmeaning of that term as set forth in such article.\n
N.Y. PBA Law § 2628 — New York Code / Act PBA / Article 8 / Title 28 / Section 2628
Temporary assignment and transfer of employees
Status: in_force

§ 2628. Temporary assignment and transfer of employees. Whenever in\nthe opinion of the authority it would be in the public interest, it may,\nafter prior approval of the director of the budget, request the\ntemporary assignment and transfer of certain employees of any board,\ncommission, agency or department of the state or its political\nsubdivisions, and said board, commission, agency or department shall, if\nin its opinion such transfer will not interfere with the performance of\nits duties and functions, make such assignment and transfer of said\nemployees to the authority for a period of up to one year, with one\nextension of one year permitted if the authority so requests and said\nboard, commission, agency or department which permanently employs such\nperson consents. Such assignment and transfer or extension thereof shall\nnot in any way affect the civil service status, continuity of service,\nretirement plan status, rights to compensation, grade or compensation or\nother rights or privileges of any employee so transferred. Any employee\ntransferred under the authority of this section shall be paid as total\nreimbursement for expenses in the course of their duties incurred only\nthe actual and necessary expenses incurred up to the maximum rates as\nestablished by the New York state department of audit and control.\n
N.Y. PBA Law § 2660 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2660
Request for state assistance
Status: in_force

§ 2660. Request for state assistance.  1. Should the chairman of the\nauthority determine that state assistance is necessary for the authority\nto achieve its lawful goals, powers and purposes, the chairman may\nannually may make and deliver to the director of the budget, the\nchairman of the senate finance committee and the chairman of the\nassembly ways and means committee a request for financial support for\nthe operation of the authority for the forthcoming fiscal year of the\nstate. The request for financial support shall delineate the total\namount needed by the authority from the state to achieve its lawful\ngoals, powers and purposes, the source of all funds that the authority\nexpects to receive from all other sources, and such other information as\nthe director of the budget, the chairman of the senate finance committee\nand the chairman of the assembly ways and means committee shall require.\n  2. The state may appropriate and provide to the authority an amount of\nmoney it deems necessary to provide the authority to assist it in its\nsuccessful operation and achievement of its lawful goals, powers and\npurposes.\n  3. Notwithstanding the provisions of any general or special law to the\ncontrary, no part of such appropriations shall be available for the\npurposes designated until a certificate of approval of availability\nshall have been issued by the director of the budget and a copy of such\ncertificate is filed with the comptroller, the chairman of the senate\nfinance committee and the chairman of the assembly ways and means\ncommittee.  Such certificate may be amended from time to time, subject\nto the approval of the director of the budget, and a copy of each such\namendment shall be filed with the comptroller, the chairman of the\nsenate finance committee and the chairman of the assembly ways and means\ncommittee.\n
N.Y. PBA Law § 2676-Q — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-Q
Contracts
Status: in_force

§ 2676-q. Contracts. 1. All contracts for construction shall be let by\nthe authority in conformity with the applicable provisions of section\none hundred thirty-five of the state finance law and shall be let in\naccordance with the provisions of state law pertaining to prevailing\nwages, labor standards, and working hours.\n  2. The authority may, in its discretion, assign contracts for\nsupervision and coordination to the successful bidder for any\nsubdivision of work for which the authority receives bids. The authority\nshall not award any construction contract except to the lowest bidder\nwho, in its opinion, is qualified to perform the work required and who\nis responsible and reliable. The authority may, however, reject any or\nall bids or waive any informality in a bid if it believes that the\npublic interest will be promoted thereby. The authority may reject any\nbid if, in its judgment, the business and technical organization, plant,\nresources, financial standing, or experience of the bidder justifies\nsuch rejection in view of the work to be performed.\n
N.Y. PBA Law § 2631 — New York Code / Act PBA / Article 8 / Title 28-A / Section 2631
Definitions
Status: in_force

§ 2631. Definitions. As used in this title, unless the context\notherwise requires:\n  1. "Commission" shall mean the Hudson-Mohawk urban cultural park\ncommission created pursuant to section two thousand six hundred\nthirty-two of this title.\n  2. "Board" shall mean the members of the commission.\n  3. "Municipality" shall mean the cities of Troy, Cohoes and\nWatervliet, the town of Waterford and the villages of Green Island and\nWaterford.\n  4. "Management plan" shall mean the management plan prepared pursuant\nto section 35.05 of the parks, recreation and historic preservation law.\n  5. "Urban cultural park" shall mean the Hudson-Mohawk urban cultural\npark designated pursuant to section 35.03 of the parks, recreation and\nhistoric preservation law and recognized pursuant to section 13.27 of\nsuch law.\n  6. "Bonds" shall mean the bonds authorized by this title.\n  7. "Project" shall mean any land, any building or other improvement,\nand all real and personal properties located within or partially within\nand partially without the urban cultural park for whose benefit the\ncommission is created, including but not limited to, facilities deemed\nnecessary or desirable in connection therewith, whether or not now in\nexistence, which may include a recreational, educational or urban\ncultural facility, a transportation or service facility related to the\nplans and needs of the urban cultural park or any economic use in a\nfacility, the preservation of which is a feature of the urban cultural\npark.\n  8. "Real property" shall mean lands, structures, franchises, and\ninterest in lands, and any and all things usually included within the\nsaid term, and includes not only fees simple absolute but also any and\nall lesser interest, such as easements, rights of way, uses, leases,\nlicenses, and all other incorporeal hereditaments and every estate,\ninterest or right, legal or equitable, including terms of years, and\nliens thereon by way of judgments, mortgages or otherwise, and also\nclaims for damage to real estate, in the area of the urban cultural\npark.\n
N.Y. PBA Law § 2642-R — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-R
State, participating counties, and municipalities not liable for obligations of authority
Status: in_force

§ 2642-r. State, participating counties, and municipalities not liable\nfor obligations of authority. 1. Neither the state, the participating\ncounties, nor any municipality or public corporation shall be liable on\nany bond, note or other obligation of the authority, and such bonds,\nnotes or other obligations shall not be debts of the state, the\nparticipating counties, nor any municipality or public corporation, and\nsuch bonds, notes or other obligations shall contain a statement to such\neffect.\n  2. Nothing in this title shall be construed to obligate the state in\nany way in connection with the operations and obligations of the\nauthority.\n
N.Y. PBA Law § 2615 — New York Code / Act PBA / Article 8 / Title 28 / Section 2615
Assistance by state officers, departments, boards and commissions
Status: in_force

§ 2615. 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 authority as are\nwithin the area of their respective governmental functions as fixed by\nlaw and as may be requested by the authority, and shall comply promptly\nwith any reasonable request by the authority.\n
N.Y. PBA Law § 2622 — New York Code / Act PBA / Article 8 / Title 28 / Section 2622
Actions
Status: in_force

§ 2622. Actions. 1. In any case founded upon tort a notice of claim\nshall be required as a condition precedent to the commencement of an\naction or special proceeding against the authority or any officer,\nappointee or employee thereof, and the provisions of section fifty-e of\nthe general municipal law shall govern the giving of such notice.\n  2. Except in an action for wrongful death, no action shall be\ncommenced (a) prior to the expiration of thirty days from the date on\nwhich the demand claim or claims upon which the action is founded were\npresented to a member of the authority or other officer thereof\ndesignated for such purpose; nor (b) more than one year and ninety days\nafter the cause of action therefor shall have accrued. An action against\nthe authority for wrongful death shall be commenced in accordance with\nthe notice of claim and time limitation provisions of title eleven of\narticle nine of this chapter.\n  3. The venue of any action or proceeding against the authority or its\nmembers, officers, employees or agents, or in which any question arises\nas to the validity of any section of this act, shall be laid in the\ncounty in which the principal office of the authority is located.\n  4. Notwithstanding subdivision three of this section, exclusive\njurisdiction is hereby conferred upon the court of claims to hear and\ndetermine any claim of any person brought hereafter against the\nauthority to recover damages for injuries to property or for personal\ninjury arising out of the operation by the authority of any\nparticipating olympic facility owned by the state or of the Belleayre\nMountain ski center or of the Gore mountain ski center, in the same\nmanner and to the extent provided and subject to the provisions of the\ncourt of claims act with respect to claims against the state, and to\nmake awards and render judgments therefor. The payment of awards and\njudgments for any such claims brought in the supreme court pursuant to\nthis title or in the court of claims shall be made from appropriations\nfor judgments against the state pursuant to section twenty of the court\nof claims act.\n
N.Y. PBA Law § 2621 — New York Code / Act PBA / Article 8 / Title 28 / Section 2621
Annual report
Status: in_force

§ 2621. Annual report. The authority shall submit to the governor, the\nchairman of the senate finance committee, the chairman of the assembly\nways and means committee, the comptroller, the director of the budget,\nthe supervisor of the town of Johnsburg, the supervisor of the town of\nShandaken, the supervisor of the town of Middletown, and the supervisor\nof the town of North Elba within ninety days after the end of its fiscal\nyear, a complete and detailed report setting forth: (1) its operations\nand accomplishments and (2) its receipts and expenditures during such\nfiscal year in accordance with the categories or classifications\nestablished by the authority for its operating and capital outlay\npurposes. Such report shall not be required to be submitted in print if\nthe recipient of the report agrees to accept such report in electronic\nformat.\n
N.Y. PBA Law § 2675-L — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-L
State, county and city not liable on bonds
Status: in_force

§ 2675-l. State, county and city not liable on bonds. The bonds and\nother obligations of the authority shall not be a debt of the state of\nNew York, the county of Albany or the city of Albany, and neither the\nstate, the county nor the city shall be liable thereon, nor shall they\nbe payable out of any funds other than those of the authority. All such\nbonds and notes of the authority shall contain on the face thereof a\nstatement to that effect.\n
N.Y. PBA Law § 2663 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2663
Monies of the authority
Status: in_force

§ 2663. Monies of the authority. 1. All monies of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in a bank or banks designated by the\nauthority. The monies in such accounts shall be paid out or withdrawn on\nthe order of such person or persons as the authority may authorize to\nmake such requisitions. All deposits of such monies shall be secured by\nobligations of the United States or of the state or of any municipality\nof a market value equal at all times to the amount on deposit and all\nbanks and trust companies are authorized to give such security for such\ndeposits. To the extent practicable, consistent with the cash\nrequirements of the authority, all such monies shall be deposited in\ninterest bearing accounts.  The authority shall have power,\nnotwithstanding the provisions of this section, to contract with the\nholders of any bonds as to the custody, collection, security, investment\nand payment of any monies of the authority or any monies held in trust\nor otherwise for the payment of bonds or any way to secure bonds, and\ncarry out any such contract notwithstanding that such contract may be\ninconsistent with the provisions of this section. Monies held in trust\nor otherwise for the payment of bonds or in any way to secure bonds and\ndeposits of such monies may be secured in the same manner as monies of\nthe authority and all banks and trust companies are authorized to give\nsuch security for such deposits. Any monies of the authority not\nrequired for immediate use or disbursement may, at the discretion of the\nauthority, be invested pursuant to section ninety-eight-a of the state\nfinance law in accordance with guidelines established by the authority's\nboard and amended from time to time. Subject to the provisions of any\ncontract with bondholders and with the approval of the state\ncomptroller, the authority shall prescribe a system of accounts.\n  2. Tax revenues received by the authority pursuant to section twelve\nhundred ten-C of the tax law, shall be applied in the following order of\npriority: first pursuant to the authority's contracts with bondholders,\nthen to pay the authority's operating expense not otherwise provided\nfor, and then the balance of such taxes not required to meet contractual\nor other obligations of the authority shall be deposited in the general\nfund of the authority.\n
N.Y. PBA Law § 2642-N — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-N
Annual report and audit
Status: in_force

§ 2642-n. Annual report and audit. In conformity with the provisions\nof section five of article ten of the constitution, the accounts of the\nauthority shall be subject to the supervision of the state comptroller\nand an annual audit shall be performed by an independent certified\npublic accountant. The authority shall annually submit to the county\nlegislatures, county executives, governor and the state comptroller and\nto the chairperson of the senate finance committee and the chairperson\nof the assembly ways and means committee a detailed report pursuant to\nthe provisions of section twenty-eight hundred of this chapter, and a\ncopy of such report shall be filed with the clerk of the county\nlegislature and the county executives; provided further that a copy of\nsuch report shall be submitted to the southern tier west regional\nplanning and development board.\n
N.Y. PBA Law § 2670 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2670
Actions against authority
Status: in_force

§ 2670. Actions against authority. 1. Except in an action for wrongful\ndeath, no action or special proceeding shall be prosecuted or maintained\nagainst the authority, its members, officers or employees for personal\ninjury or damage to real or personal property alleged to have been\nsustained by reason of the negligence, tort or wrongful act of the\nauthority or of any member, officer, agent or employee thereof, unless\n(a) notice of claim shall have been made and served upon the authority\nwithin the time limit set by and in compliance with section fifty-e of\nthe general municipal law, (b) it shall appear by and as an allegation\nin the complaint or moving papers that at least thirty days have elapsed\nsince the service of such notice and that adjustment or payment thereof\nhas been neglected or refused, (c) the action or special proceeding\nshall be commenced within one year and ninety days after the happening\nof the event upon which the claim is based, and (d) an action, against\nthe authority for wrongful death shall be commenced in accordance with\nthe notice of claim and time limitation provisions of title eleven of\narticle nine of this chapter.\n  2. Whenever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority may require any person presenting for settlement an\naccount or claim for any cause whatsoever against the authority to be\nsworn before a member, counsel or an attorney, officer or employee of\nthe authority designated for such purpose, concerning such account or\nclaim and, when so sworn, to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  4. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein except election causes,\nirrespective of position on the calendar. The same performance shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this title in which the\nauthority may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of the county.\n  5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section five thousand four of the civil practice law\nand rules. Interest on payments of principal or interest on any bonds in\ndefault shall accrue at the rate borne by such bonds from the due date\nthereof until paid or otherwise satisfied.\n  6. All actions or proceedings against the authority of whatever nature\nshall be brought in the supreme court of Schenectady county.\n
N.Y. PBA Law § 2674 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2674
Separability
Status: in_force

§ 2674. Separability.  If any provision of any section of this title\nor the application thereof to any person or circumstance shall be\nadjudged invalid by a court of competent jurisdiction, such order or\njudgment shall be confined in its operation to the controversy in which\nit was rendered, and shall not affect or invalidate the remainder of any\nprovision of any section of this title or the application of any part\nthereof to any other person or circumstance and to this end the\nprovisions of each section of this title are hereby declared to be\nseverable.\n  Insofar as the provisions of this title are inconsistent with the\nprovisions of any other law, general, special or local, the provisions\nof this title shall be controlling.\n
N.Y. PBA Law § 2676 — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676
Short title
Status: in_force

§ 2676. Short title. This title may be cited as the "Albany county\npine hills land authority act".\n
N.Y. PBA Law § 2642-A — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-A
Legislative findings and intent
Status: in_force

§ 2642-a. Legislative findings and intent. The legislature hereby\nfinds and determines that:\n  1. The continued existence and strengthening of the system of\nrailroads serving Chautauqua, Cattaraugus, Allegany and Steuben counties\nin New York state and Warren and Erie counties in the Commonwealth of\nPennsylvania is essential to the long term viability of the economies,\nmunicipalities, and ways of life in these counties.\n  2. The viability and existence of the system of railroads serving\nChautauqua, Cattaraugus, Allegany and Steuben counties in New York state\nand Warren and Erie counties in the Commonwealth of Pennsylvania is\nthreatened by the dynamic economics of the railroad industry.\n  3. By creating the Chautauqua, Cattaraugus, Allegany and Steuben\nsouthern tier extension railroad authority, it is the intent of the\nlegislature to preserve and enhance the system of railroads serving\nChautauqua, Cattaraugus, Allegany and Steuben counties in New York state\nand Warren and Erie counties in the Commonwealth of Pennsylvania, so as\nto insure a healthy economy for these counties.\n
N.Y. PBA Law § 2672 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2672
Assistance by state officers, departments, boards and commissions
Status: in_force

§ 2672. Assistance by state officers, departments, boards and\ncommissions.  The department of audit and control, department of law,\nand all other state officers, agencies, departments, boards, divisions\noffices, and commissions may render such services to the authority\nwithin their respective functions as may be requested by the authority.\n  Notwithstanding the provisions of any other law to the contrary, the\ncommissioner of the office of general services is authorized to enter\ninto a contract, from time to time, on behalf of and in the name of the\nstate of New York, upon terms and conditions which are fair and\nequitable, for the conveyance of unappropriated state lands and lands\nunder water which the authority shall certify to be necessary or\ndesirable for the corporate purposes of the authority.\n
N.Y. PBA Law § 2671 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2671
Limitation of liability; indemnification
Status: in_force

§ 2671. Limitation of liability; indemnification.  1. Neither the\nmembers of the authority nor any person acting in its behalf, while\nacting within the scope of their authority, shall be subject to any\npersonal liability resulting from carrying out any of the powers\nexpressly given in or authorized by this title.\n  2. The board shall elect the provisions of section eighteen of the\npublic officers law to apply to the members, officers, employees and\nagents of the authority in connection with any and all claims, demands,\nsuits, actions or proceedings which may be made or brought against any\nof them arising out of any determinations made or actions taken or\nfailed to be taken in compliance with any obligations under or pursuant\nto the terms of this title.\n
N.Y. PBA Law § 2675-G — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-G
Public hearings of the authority
Status: in_force

§ 2675-g. Public hearings of the authority. 1. The authority shall\nhold public hearings prior to:\n  (a) the adoption of the preliminary report pursuant to section\ntwenty-six hundred seventy-five-f of this title;\n  (b) the adoption of any project where the authority would condemn real\nproperty pursuant to subdivision three of section twenty-six hundred\nseventy-five-e of this title;\n  2. The board shall schedule and hold two or more public hearings to\nsolicit public comments. Notice of such hearings shall, not less than\ntwo weeks prior to the scheduled date, be posted conspicuously and\nprinted in a newspaper or newspapers having general circulation within\nthe county of Albany. Provision shall be made for the solicitation of\ncomments from interested parties not able to attend the hearing(s).\nAfter the conclusion of the public hearing and comment period, the board\nshall consider the results of the public hearing and comments submitted\nwith respect to the adoption of the preliminary report or proposed\nproject and issue a report summarizing the comments received.\n
N.Y. PBA Law § 2655-B — New York Code / Act PBA / Article 8 / Title 28-B / Section 2655-B
Public hearings of the authority
Status: in_force

§ 2655-b. Public hearings of the authority. Prior to the adoption of\nany project where the authority would:\n  1. expend more than five hundred thousand dollars;\n  2. borrow money or issue bonds pursuant to subdivision four of section\ntwenty-six hundred fifty-five of this title; or\n  3. condemn real property pursuant to section twenty-six hundred\nfifty-nine of this title;\n  the board shall schedule and hold a public hearing and solicit public\ncomment on such project. After the conclusion of the public hearing and\ncomment, the board shall consider the results of the public hearing and\ncomments with respect to the adoption of the proposed project. Such\nconsideration by the board shall include the accommodation of the public\ninterest with respect to such project, if such accommodation is deemed\nin the best interest of the community and the authority's purposes as\nexpressed in section twenty-six hundred fifty-five of this title, the\nproposal and resolution may be amended.\n
N.Y. PBA Law § 2641 — New York Code / Act PBA / Article 8 / Title 28-A / Section 2641
Severability
Status: in_force

§ 2641. Severability. If any clause, sentence, paragraph, section or\npart of this title shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section or part thereof directly\ninvolved in the controversy in which such judgment shall have been\nrendered.\n
N.Y. PBA Law § 2627 — New York Code / Act PBA / Article 8 / Title 28 / Section 2627
Separability
Status: in_force

§ 2627. Separability. If any clause, sentence, paragraph, section or\npart of this title shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section or part thereof directly\ninvolved in the controversy in which such judgment shall have been\nrendered.\n
N.Y. PBA Law § 2655-A — New York Code / Act PBA / Article 8 / Title 28-B / Section 2655-A
Bylaws of the authority
Status: in_force

§ 2655-a. Bylaws of the authority. 1. The board shall draft proposed\nbylaws for the organization and procedure of the authority. Such bylaws\nshall be consistent with the provisions of this title and all other\nstate and federal laws, and shall contain a provision that such bylaws\nmay only be amended after final adoption by a two-thirds vote of all the\nvoting members of the board. Upon the drafting of such proposed bylaws,\nthe board shall conduct a public hearing on such proposed bylaws and\nsolicit public comment on the same. After the public hearing and comment\nhas been conducted and solicited, the board shall adopt such proposed\nbylaws, with any amendments made thereto in response to the public\nhearing and comment, and shall thereafter file the adopted proposed\nbylaws with the clerk of the county legislature.\n  2. Within thirty days of the filing of such adopted proposed bylaws\nwith the clerk of the county legislature, the county legislature may, by\na two-thirds vote of all the members of the county legislature, reject\nthe proposed bylaws so filed and return them to the authority for\npossible amendment and redrafting. If the county legislature does not\nreject the proposed bylaws by such two-thirds vote within thirty days of\nthe filing of the same, then such proposed bylaws so filed shall be\ndeemed adopted and in full force and effect. If the county legislature\nrejects the proposed bylaws by such two-thirds vote, then the authority\nshall amend the proposed bylaws as deemed appropriate. Such amended\nbylaws shall be filed with the clerk of the county legislature,\nwhereupon the county legislature may again consider the amended bylaws\nas in the same manner as if such bylaws had been originally filed\npursuant to subdivision one of this section.\n  3. In the absence of bylaws which are deemed adopted and in full force\nand effect, the authority shall operate and be governed by the\nprovisions of this title and the most recently revised edition of\nRoberts Rules of Order.\n
N.Y. PBA Law § 2642-O — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-O
Defense and indemnification
Status: in_force

§ 2642-o. Defense and indemnification. 1. The authority shall not\nexecute any of its powers except as necessary to commence its corporate\nexistence, until it has elected to make the provision of section\neighteen of the public officers law applicable to its employees (as such\nterm is defined in section eighteen of the public officers law) pursuant\nto subdivision two of such section; provided, however, that nothing\ncontained within this section shall be deemed to permit the authority to\nextend the provisions of section eighteen of the public officers law\nupon any independent contractor.\n  2. Neither the members of the authority, nor any participating county,\nmunicipality, officer or employee acting on the authority's behalf,\nwhile acting within the scope of his, her or its authority, shall be\nsubject to any personal liability resulting from the construction,\nmaintenance or operation of any of the properties of the authority or\nfrom carrying out any of the powers expressly given in this title;\nprovided, however, that this shall not be held to apply to any\nindependent contractor.\n
N.Y. PBA Law § 2675-A — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-A
Short title
Status: in_force

§ 2675-a. Short title. This title shall be known and may be cited as\nthe "Albany convention center authority act".\n
N.Y. ENV Law § 27-2807 — New York Code / Act ENV / Article 27 / Title 28 / Section 27-2807
Violations
Status: in_force

§ 27-2807. Violations.\n  1. Any person required to collect tax who violates any provision of\nsection 27-2803 of this title shall receive a warning notice for the\nfirst such violation. A person required to collect tax shall be liable\nto the state of New York for a civil penalty of two hundred fifty\ndollars for the first violation after receiving a warning and five\nhundred dollars for any subsequent violation in the same calendar year.\nFor purposes of this section, each commercial transaction shall\nconstitute no more than one violation. A hearing or opportunity to be\nheard shall be provided prior to the assessment of any civil penalty.\n  2. The department, the department of agriculture and markets, and the\nattorney general are hereby authorized to enforce the provisions of this\ntitle, and all monies collected shall be deposited to the credit of the\nenvironmental protection fund established pursuant to section\nninety-two-s of the state finance law.\n
N.Y. PBA Law § 2669 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2669
State, county and municipalities not liable on bonds
Status: in_force

§ 2669. State, county and municipalities not liable on bonds. Neither\nthe state, the county nor any municipality therein shall be liable on\nthe bonds or notes of the authority and such bonds or notes shall not be\na debt of the state, the county or of any municipality therein and such\nbonds and notes shall contain on the face thereof a statement to such\neffect.\n
N.Y. PBA Law § 2642 — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642
Short title
Status: in_force

§ 2642. Short title. This title may be cited as the "Chautauqua,\nCattaraugus, Allegany and Steuben southern tier extension railroad\nauthority act".\n
N.Y. PBA Law § 2632 — New York Code / Act PBA / Article 8 / Title 28-A / Section 2632
Hudson-Mohawk urban cultural park commission
Status: in_force

§ 2632. Hudson-Mohawk urban cultural park commission. A commission to\nbe known as the "Hudson-Mohawk urban cultural park commission" is hereby\ncreated.\n  1. Such commission shall be a body corporate and politic, constituting\na public benefit corporation.\n  2. The commission shall have a board of directors which shall consist\nof ten voting members, as follows:\n  (a) The mayor of the city of Troy.\n  (b) The mayor of the village of Waterford.\n  (c) The supervisor of the town of Waterford.\n  (d) The mayor of the city of Cohoes.\n  (e) The mayor of the village of Green Island.\n  (f) The mayor of the city of Watervliet.\n  (g) The supervisor of the town of Colonie.\n  (h) A resident official or employee of Saratoga county appointed by\nand serving at the pleasure of the board of supervisors of such county.\n  (i) The county executive of Rensselaer county.\n  (j) The county executive of Albany county.\n  The commissioner of the office of parks, recreation and historic\npreservation shall be a non-voting member of the board. Each member may\ndesignate a representative to participate in his place. The members\nshall choose from their number a chairman, vice-chairman, and\nsecretary-treasurer.  Six of the board's voting members shall constitute\na quorum. The members of the board shall be entitled to no compensation\nfor their services but shall be entitled to reimbursement for their\nactual and necessary expenses incurred in the performance of their\nofficial duties. The voting powers of the commission shall be vested in\nand exercised by a majority of the members of the board.  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.\n
N.Y. PBA Law § 2642-S — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-S
Effect of inconsistent provisions
Status: in_force

§ 2642-s. Effect of inconsistent provisions. Insofar as the provisions\nof this title are inconsistent with the provisions of any other act,\ngeneral or special, or of a county charter, any local law, ordinance or\nresolution of a municipality, the provisions of this title shall be\ncontrolling. Nothing contained in this section shall be held to\nsupplement or otherwise expand the powers or duties of the authority\notherwise set forth in this title.\n
N.Y. PBA Law § 2619 — New York Code / Act PBA / Article 8 / Title 28 / Section 2619
Capital repair and improvement account
Status: in_force

§ 2619. Capital repair and improvement account. At the end of any\nauthority fiscal year the members of the authority shall deposit not\nless than twenty-five percent of the profits, if any, of the preceding\nyear's operations into a sinking fund for capital improvements. At the\ndiscretion of the members, the authority may undertake capital\nimprovements and major repairs to the participating olympic facilities,\nto the Belleayre Mountain ski center, and to the Gore Mountain ski\ncenter; provided, however, that no such repairs may be undertaken\nwithout specific written approval by the entity which contracted with\nthe authority for the operation of said facility. Any such repairs or\nimprovements to real property shall upon completion become the property\nof and be vested in the owners of said real property. In the event of\ntermination of the authority, the state and the park district each shall\nreceive fifty percent of all moneys in the sinking fund. If an agreement\nbetween the authority and the park district or the state shall be\nterminated, the park district or the state, as the case may be, shall\nreceive that portion of the moneys in the sinking fund it would have\nreceived if the authority were terminated as of the date of the\ntermination of the agreement.\n
N.Y. PBA Law § 2676-F — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-F
General powers of the authority
Status: in_force

§ 2676-f. General powers of the authority. Except as otherwise limited\nby this title, the authority shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To borrow money and issue bonds for any of its corporate purposes\nor its projects and to provide for the rights of the holders thereof;\n  4. To make and alter by-laws for its organization and management, and,\nsubject to agreements with its bondholders, to make and alter rules and\nregulations governing the exercise of its powers and the fulfillment of\nits purposes under this title;\n  5. To acquire by purchase, grant, lease, gift, or otherwise and to\nhold and use property necessary, convenient, or desirable to carry out\nits corporate purposes, and to sell, convey, mortgage, lease, pledge,\nexchange, or otherwise dispose of any such property in such manner as\nthe authority shall determine;\n  6. To acquire, construct, reconstruct, lease, expand, improve,\nmaintain, equip, furnish, or operate one or more projects and, if\nnecessary, to pay or finance the cost thereof;\n  7. To accept gifts, grants, loans, or contributions of funds or\nproperty or financial or other aid in any form from, and enter into\ncontracts or other transactions with, the federal government, the state,\nthe county of Albany, or any public corporation or any other source, and\nto use any such gifts, grants, loans, or contributions for any of its\ncorporate purposes;\n  8. To grant options to renew any lease with respect to any project or\nprojects and to grant options to buy any project at such price as the\nauthority may deem desirable;\n  9. To designate the depositories of its money;\n  10. To establish its fiscal year;\n  11. To enter into contracts, agreements and leases with the federal\ngovernment, the state, the county, any person or other public\ncorporation and to execute all instruments necessary or convenient to\naccomplishing its corporate purposes;\n  12. To appoint such officers, employees, and agents as the authority\nmay require for the performance of its duties, in coordination with the\nadvance Albany county alliance, and to fix and determine their\nqualifications, duties, and compensation subject to the provisions of\nthe civil service law and any applicable collective bargaining\nagreement, and to retain or employ counsel, auditors, engineers, and\nprivate consultants on a contract basis or otherwise for rendering\nprofessional, management, or technical services and advice;\n  13. With the consent of the county executive, and in coordination with\nthe advance Albany county alliance, to use employees, agents,\nconsultants, and facilities of the county, paying the county its agreed\nproportion of the compensation or costs;\n  14. To make and adopt plans, surveys, and studies necessary,\nconvenient, or desirable to the effectuation of the purposes and powers\nof the authority and to prepare recommendations in regard thereto;\n  15. To enter upon such lands, waters, or premises as in the judgment\nof the authority may be necessary, convenient, or desirable for the\npurpose of making surveys, soundings, borings, and examinations to\naccomplish any purpose authorized by this title, the authority being\nliable for any actual damage done;\n  16. To covenant and consent that the interest on any of its bonds or\nnotes issued pursuant to this title shall be includable, under the\nUnited States Internal Revenue Code of 1986, as amended or any\nsubsequent corresponding internal revenue law of the United States, in\ngross income of the holders of the bonds or notes to the same extent and\nin the same manner that the interest on bills, bonds, notes or other\nobligations of the United States is includable in the gross income of\nthe holders thereof under such code or any such subsequent law; and\n  17. To insure or provide for the insurance of the authority's property\nor operations as required by law and also against such other risks as\nthe authority may deem advisable.\n
N.Y. PBA Law § 2642-L — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-L
Monies of the authority
Status: in_force

§ 2642-l. Monies of the authority. All monies of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in an interest-bearing account in a\nbank or banks designated by the authority. The monies in such accounts\nshall be paid out or withdrawn on the order of such person or persons as\nthe authority may authorize to make such requisitions. All deposits of\nsuch monies shall be secured by obligations of the United States or of\nthe state or of any municipality of a market value equal at all times to\nthe amount on deposit and all banks and trust companies are authorized\nto give such security for such deposits. To the extent practicable,\nconsistent with the cash requirements of the authority, all such monies\nshall be deposited in interest-bearing accounts. Any monies of the\nauthority not required for immediate use or disbursement may, be\ninvested in accordance with section ninety-eight or ninety-eight-a of\nthe state finance law.\n
N.Y. PBA Law § 2607 — New York Code / Act PBA / Article 8 / Title 28 / Section 2607
Definitions
Status: in_force

§ 2607. Definitions. The following terms, whenever used or referred to\nin this title, unless the context indicates otherwise, have the\nfollowing meanings:\n  1. The term "olympic facility" shall mean any publicly owned,\nadministered or supervised facility located in the olympic region and\nsuitable for use in connection with athletic training, housing or\ncompetition, or with recreational or physical educational activities.\nThe fact that any such facility is also suitable for other uses in\naddition to those specified shall not exclude such facility from the\nscope of this definition.\n  2. The term "authority" shall mean the New York state olympic regional\ndevelopment authority as created by section twenty-six hundred eight of\nthis title.\n  3. The term "events" shall mean any organized athletic competition,\norganized athletic training, recreational activity, educational\nactivity, entertainment activity or other activity suitable to be\nconducted in any olympic facility.\n  4. The term "park district" shall mean the town of North Elba, public\nparks and playgrounds district, a special district created by chapter\nfour hundred seventy-seven of the laws of nineteen hundred twenty-eight.\n  5. The term "olympic region" shall mean the county of Essex, state of\nNew York.\n  6. The term "participating olympic facility" shall mean any olympic\nfacility subject to an agreement entered into by the authority pursuant\nto section twenty-six hundred twelve or twenty-six hundred fourteen of\nthis title.\n  7. The term "state" shall mean the state of New York.\n
N.Y. PBA Law § 2667 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2667
Tax exemption and tax contract by the state
Status: in_force

§ 2667. Tax exemption and tax contract by the state. 1. It is hereby\ndetermined that the creation of the authority and the carrying out of\nits corporate purposes is in all respects for the benefit of the people\nof the state of New York and is a public purpose. Accordingly, the\nauthority shall be regarded as performing an essential governmental\nfunction in the exercise of the powers conferred upon it by this title.\nThe property of the authority, its income and operations shall be exempt\nfrom taxation, assessments, special assessments and special ad valorem\nlevies; the authority shall not be required to pay any fees, taxes,\nspecial ad valorem levies or assessments of any kind, whether state or\nlocal, including but not limited to fees, taxes, special ad valorem\nlevies or assessments on real property, franchise taxes, sales taxes or\nother taxes, upon or with respect to any property owned by it or under\nits jurisdiction, control or supervision, or upon the uses thereof, or\nupon or with respect to its activities or operations in furtherance of\nthe powers conferred upon it by this title, or upon or with respect to\nany fares, tolls, rentals, rates, charges, fees, revenues or other\nincome received by the authority.\n  2. Bonds issued pursuant to this title together with the income\ntherefrom shall at all times be exempt from taxation.\n  3. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the authority issued pursuant\nto this title and the income therefrom and all revenues, monies, and\nother property pledged to pay or to secure the payment of such bonds\nshall at all times be free from taxation.\n  4. The authority may pay, or may enter into agreements with the county\nor any municipality to pay, a sum or sums annually or otherwise or to\nprovide other considerations with respect to the real property owned by\nthe authority located within the county or such municipality.\n  5. Notwithstanding subdivision four of this section, any project\nauthorized by paragraphs (d), (m) and (n) of subdivision eight of\nsection twenty-six hundred fifty-five of this title except government\noffice space, building or facilities shall be exempt from real property\ntaxation, calculated not to exceed the following: ten years of full\nexemption followed by one year of exemption from eighty percent of such\ntaxation, followed by one year of exemption from sixty percent of such\ntaxation, followed by one year of exemption from forty percent of such\ntaxation, followed by one year of exemption from twenty percent of such\ntaxation.\n
N.Y. PBA Law § 2609 — New York Code / Act PBA / Article 8 / Title 28 / Section 2609
Community advisory panel
Status: in_force

§ 2609. Community advisory panel. 1. Within ninety days following the\nappointment of the members of the authority, the members shall appoint\nan advisory panel to act as consultants to the authority for the purpose\nof advising and assisting the authority in procuring international and\nnational athletic sporting events and competition.\n  2. The advisory panel shall consist of nineteen persons, ten of whom\nshall be appointed upon the recommendation of the North Elba sports\ncouncil, a council created by the park district, two of whom shall be\nappointed upon the recommendation of the legislature of the county of\nDelaware and two of whom shall be appointed upon the recommendation of\nthe legislature of the county of Ulster. Such ten members of the panel\nshall have knowledge of athletic competition and winter and summer\nsports and recreation events and activities. The members of the panel\nshall serve for a period of two years. In the event of a vacancy\noccurring during a panel member's appointment, by reason of death,\nresignation, disqualification or otherwise, such vacancy shall be filled\nfor the unexpired term in the same manner as the original appointment.\n  3. The members of the panel shall serve without compensation, except\nthat each member of the panel shall be allowed the necessary and actual\nexpenses which he shall incur in the performance of his duties within\nthe state under this title.\n
N.Y. PBA Law § 2668 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2668
Remedies of bondholders
Status: in_force

§ 2668. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to this title:\n  1. In the event that the authority shall default in the payment of\nprincipal of or interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle or shall default in any agreement made with the holders of any\nissue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the county\nin which the principal office of the authority is located and proved or\nacknowledged in the same manner as a deed to be recorded, may appoint a\ntrustee to represent the holders of such bonds for the purpose herein\nprovided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds outstanding\nshall, in its own name:\n  (a) By action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the authority to collect rents, rates, fees and charges adequate\nto carry out any agreement as to, or pledge of, such rents, rates, fees\nand charges and to require the authority to carry out any other\nagreements with the holders of such bonds to perform its duties under\nthis title;\n  (b) Bring an action or proceeding upon such bonds;\n  (c) By action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) By action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) Declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of the twenty-five\nper centum of the principal amount of such bonds then outstanding, to\nannul such declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in the county.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\n  6. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of any receiver of any part or parts of the\nproject, the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith the holders of such bonds, shall take possession of all monies and\nother property derived from such part or parts of the project and\nproceed with any construction thereon or the acquisition of any\nproperty, real or personal, in connection therewith that the authority\nis under obligation to do, and 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 or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the authority under the direction of\nthe court. In any suit, action or proceeding by the trustee, the fees,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom the properties.\n
N.Y. PBA Law § 2676-V — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-V
Transfer of applications, proceedings, approvals, and permits
Status: in_force

§ 2676-v. Transfer of applications, proceedings, approvals, and\npermits.  1. Any application, review or process in relation to or in\nfurtherance of the purposes of or contemplated by this title heretofore\nfiled or undertaken, or any proceeding heretofore commenced or any\ndetermination, finding or award made, by the county or by the county\nwith the federal government, or any other public corporation shall inure\nto and for the benefit of the authority to the same extent and in the\nsame manner as if the authority has been a party to such application,\nreview, process, or proceeding from its inception, and the authority\nshall be deemed a party thereto, to the extent not prohibited by any\nfederal law. Any license, approval, permit, determination, finding,\naward, or decision heretofore or thereafter issued or granted pursuant\nto or as a result of any such application, review, process or proceeding\nshall inure to the benefit of and be binding upon the authority and\nshall be assigned and transferred by the county to the authority unless\nsuch assignment and transfer is prohibited by federal law.\n  2. All such applications, proceedings, licenses, approvals, permits,\ndeterminations, findings, awards, and decisions shall further inure to\nand for the benefit of and be binding upon any person leasing,\nacquiring, financing, constructing, maintaining, operating, using, or\noccupying any facility financed in whole or in part by the authority.\n
N.Y. PBA Law § 2634 — New York Code / Act PBA / Article 8 / Title 28-A / Section 2634
Cooperation with municipalities
Status: in_force

§ 2634. Cooperation with municipalities. 1. The commission is a\ncooperative regional organization of six municipalities to implement and\nmanage an urban cultural park encompassing all or part of each of their\nterritory and based upon the mutual assent and participation of each\nmunicipality. The activities of the commission shall be coordinated with\nthe local planning, cultural and park activities of each municipality.\nNo real property may be acquired or project undertaken by the commission\nin a municipality without the written approval for such action of the\nmember of the board from such municipality.\n  2. Each municipality may provide the commission with the services of\nits agents, employees and facilities without charge to the corporation.\nPersons serving as officers or employees of the commission may be\nemployees of a municipality and the commission, in such case, may pay\nthe municipality an agreed portion of the compensation or costs.\n  3. For purposes of implementing the management plan, any individual\nmunicipality may act with the agreement of the commission to carry out\nan individual project in its own name or acquire real property for a\nproject in the name of the commission at the cost and expense of the\ncommission. In case the commission shall have the use and occupancy of\nany real property which it shall determine is no longer required for a\nproject then, if such property was acquired at the cost and expense of a\nmunicipality, the commission shall have the power to surrender its use\nand occupancy thereof to the municipality, or, if such real property was\nacquired at the cost and expense of the commission, then the commission\nshall have power to sell, lease or otherwise dispose of said real\nproperty at public 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
N.Y. PBA Law § 2658 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2658
Code of ethics
Status: in_force

§ 2658. Code of ethics. 1.  As used in this section the term\n"authority employee" shall mean any member, officer or employee of the\nauthority.\n  2. No authority employee shall have any interest, financial or\notherwise, direct or indirect, or engage in any business or transaction\nor professional activity or incur any obligation of any nature, which is\nin substantial conflict with the proper discharge of his or her duties\nin the public interest.\n  3. (a) No authority employee shall accept other employment, which will\nimpair his or her independence of judgment in the exercise of his or her\nofficial duties.\n  (b) No authority employee shall accept employment or engage in any\nbusiness or professional activity which will require the employee to\ndisclose confidential information which he or she has gained by reason\nof his or her official position or authority.\n  (c) No authority employee shall disclose confidential information\nacquired by the employee in the course of his or her official duties nor\nuse such information to further his or her personal interests.\n  (d) No authority employee shall use or attempt to use his or her\nofficial position to secure unwarranted privileges or exemptions for him\nor herself or others.\n  (e) No authority employee shall engage in any transaction as\nrepresentative or agent of the authority with any business entity in\nwhich he or she has a direct or indirect financial interest that might\nreasonably tend to conflict with the proper discharge of his or her\nofficial duties.\n  (f) An authority employee shall not by his or her conduct give\nreasonable basis for the impression that any person can improperly\ninfluence such employee or unduly enjoy his or her favor in the\nperformance of his or her official duties, or that he or she is affected\nby the kinship, rank, position or influence of any party or person.\n  (g) An authority employee shall abstain from making personal\ninvestments in enterprises which he or she has reason to believe may be\ndirectly involved in decisions to be made by the employee or which will\notherwise create substantial conflict between his or her duty in the\npublic interest and his or her private interest.\n  (h) An authority employee shall endeavor to pursue a course of conduct\nwhich will not raise suspicion among the public that he or she is likely\nto be engaged in acts that are in violation of his or her trust.\n  (i) No authority employee employed on a full-time basis nor any firm\nor association of which such an employee is a member nor corporation a\nsubstantial portion of the stock of which is owned or controlled\ndirectly or indirectly by such employee, shall sell goods or services to\nany person, firm, corporation or association which is licensed or whose\nrates are fixed by the authority in which such employee serves or is\nemployed.\n  (j) If any authority employee shall have a financial interest, direct\nor indirect, having a value of ten thousand dollars or more in any\nactivity which is subject to the jurisdiction of a regulatory agency, he\nor she shall file with the secretary of state a written statement that\nhe or she has such a financial interest in such activity which statement\nshall be open to public inspection.\n  4. In addition to any penalty contained in any other provision of law\nany such authority employee who shall knowingly and intentionally\nviolate any of the provisions of this section may be fined, suspended or\nremoved from office or employment.\n  5. The authority shall ensure that all employees or applicants for\nemployment are afforded equal employment opportunity without\ndiscrimination.\n  6. All board members and employees of the authority shall be deemed to\nbe public officers and shall, notwithstanding any other ethical\nrequirements established by state or local law, and when not\ninconsistent with the provisions of this title, comply with sections\nseventy-three, seventy-three-a and seventy-four of the public officers\nlaw. Notwithstanding any other provision of law, the filing of a\nSchenectady county financial disclosure statement with the Schenectady\ncounty board of ethics by a board member shall constitute and be deemed\nin compliance with the financial disclosure requirements imposed by this\nsection and section seventy-three-a of the public officers law.\n
N.Y. PBA Law § 2675-C — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-C
Definitions
Status: in_force

§ 2675-c. Definitions. As used or referred to in this title, unless a\ndifferent meaning appears from the context:\n  1. "Authority" shall mean the public benefit corporation created by\nsection twenty-six hundred seventy-five-d of this title.\n  2. "Board" shall mean the members of the authority created in section\ntwenty-six hundred seventy-five-d of this title.\n  3. "Bonds" shall mean hotel revenue bonds, notes, and other evidence\nof indebtedness issued by the authority pursuant to this title.\n  4. "City" shall mean the city of Albany.\n  5. "Common council" shall mean the common council of the city of\nAlbany.\n  6. "Comptroller" shall mean the comptroller of the state of New York.\n  7. "Convention facility" shall mean a convention center complex\ncomprised of facilities for trade exhibition, hotel accommodations,\ntransportation infrastructure, tourism, retail business, commercial\noffice space and/or parking of which the ownership, lease, transfer,\ndesign, development, planning, financing, creation, siting,\nconstruction, renovation, administration, operation, management and/or\nmaintenance is authorized to be undertaken, in whole or part, by the\nauthority pursuant to this title.\n  8. "County executive" shall mean the county executive of the county of\nAlbany.\n  9. "County legislature" shall mean the county legislature of the\ncounty of Albany.\n  10. "Director of the budget" shall mean the director of the budget for\nthe state of New York.\n  11. "Downtown" shall mean the area within the boundaries of the city\nof Albany located within one mile of the State Capitol or Empire State\nPlaza.\n  12. "Governor" shall mean the governor of the state of New York.\n  13. "Mayor" shall mean the mayor of the city of Albany.\n  14. "Municipality" shall mean a county, town, city or village.\n  15. "Person" shall mean any natural person, partnership, limited\nliability company, association, joint venture or corporation, exclusive\nof a public corporation.\n  16. "Personal property" shall mean chattels and other tangible things\nof a moveable or removable nature.\n  17. "Property" shall mean both real and personal property.\n  18. "Real property" shall mean lands, structures, franchises and\ninterests in land, airspace, waters, lands under water, riparian rights,\nair rights, any fixtures, equipment and articles of personal property\naffixed to or used in connection therewith, and any and all things and\nrights included within said term and includes not only fees simple\nabsolute but also any and all lesser interests including but not limited\nto easements, rights-of-way, uses, leases, licenses and all other\nincorporeal hereditaments and every estate, interest or right, legal or\nequitable, including terms for years and liens thereon by way of\njudgments, mortgages, or otherwise.\n  19. "State" shall mean the state of New York.\n  20. "Theatre facilities" shall mean a building or part of a building\nwith one or more performance areas and one or more audience seating\nareas used primarily for the presentation of dramatic or musical\ntheatre.\n
N.Y. ENV Law § 27-2803 — New York Code / Act ENV / Article 27 / Title 28 / Section 27-2803
Plastic carryout bag ban
Status: in_force

§ 27-2803. Plastic carryout bag ban.\n  1. No person required to collect tax shall distribute any plastic\ncarryout bags to its customers unless such bags are exempt bags as\ndefined in subdivision one of section 27-2801 of this title.\n  2. No person required to collect tax shall prevent a person from using\na bag of any kind that they have brought for purposes of carrying goods.\n  3. Nothing in this section shall be deemed to exempt the provisions\nset forth in title 27 of this article relating to at store recycling.\n
N.Y. PBA Law § 2673 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2673
Audit, annual report, county approval of certain projects
Status: in_force

§ 2673. Audit, annual report, county approval of certain projects. 1.\nThe accounts of the authority shall be subject to the supervision of the\nstate comptroller and an annual audit shall be performed by an\nindependent certified public accountant. The authority shall annually\nsubmit to the county legislature, governor, state comptroller,\nchairperson of the senate finance committee, and chairperson of the\nassembly ways and means committee a detailed report pursuant to the\nprovisions of section twenty-eight hundred of this chapter, and a copy\nof such report shall be filed with the clerk of the county legislature.\n  2. The authority shall not undertake any project unless it shall have\nfirst been approved by a majority vote of the county legislature. The\nprovisions of this subdivision shall not apply, and no approval of the\ncounty legislature shall be necessary, when: (a) the direct expenditure\nof funds used to complete such project is not anticipated to exceed ten\nmillion dollars in funds derived from the authority's share of the\ndedicated net collections described in subdivision nine of section\ntwenty-six hundred sixty-one of this title, and the interest on\none-third or less of bonds or notes that shall be issued for such\nproject pursuant to this title shall be includable, under the United\nStates Internal Revenue Code of 1986, as amended, or any subsequent\ncorresponding internal revenue law of the United States, in gross income\nof the holders of the bonds or notes to the same extent and in the same\nmanner that the interest on bills, bonds, notes or other obligations of\nthe United States is includable in the gross income of the holders\nthereof under the code or any of the subsequent laws; or (b)\nnotwithstanding the provisions of paragraph (a) of this subdivision, no\nbonding is necessary; or (c) notwithstanding the provisions of paragraph\n(a) of this subdivision, solely where the action of the authority is\nsite acquisition, site preparation or infrastructure development.\n
N.Y. PBA Law § 2676-K — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-K
Monies of the authority
Status: in_force

§ 2676-k. Monies of the authority. All monies of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in a bank or banks designated by the\nauthority. The monies in such accounts shall be paid out on check of the\ntreasurer upon requisition by such person or persons as the authority\nmay authorize to make such requisitions. All deposits of such monies\nshall be secured by obligations of the United States or of the state or\nof any municipality of a market value equal at all times to the amount\non deposit, and all banks and trust companies shall be authorized to\ngive such security for such deposits. To the extent practicable,\nconsistent with the cash requirements of the authority, all such monies\nshall be deposited in interest bearing accounts. The authority shall\nhave power, notwithstanding the provisions of this section, to contract\nwith the holders of any bonds as to the custody, collection, security,\ninvestment and payment of any monies of the authority or any monies held\nin trust or otherwise for the payment of bonds or any way to secure\nbonds, and carry out any such contract notwithstanding that such\ncontract may be inconsistent with the provisions of this section. Monies\nheld in trust or otherwise for the payment of bonds or in any way to\nsecure bonds and deposits of such monies may be secured in the same\nmanner as monies of the authority and all banks and trust companies are\nauthorized to give such security for such deposits. Any monies of the\nauthority not required for immediate use or disbursement may, at the\ndiscretion of the authority, be invested in those obligations specified\npursuant to the provision of section ninety-eight-a of the state finance\nlaw. Subject to the provisions of any contract with bond holders and\nwith the approval of the state comptroller, the authority shall\nprescribe a system of accounts.\n
N.Y. PBA Law § 2675-II — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-II
State aid revenues
Status: in_force

§ 2675-ii. State aid revenues. 1. With respect to each issue of\noutstanding hotel revenue bonds, the chairperson of the authority shall\ncertify at least semi-annually, or in the case of the first such\ncertificate within thirty days after the sale of an issue of hotel\nrevenue bonds, to the comptroller and the director of the budget, with a\ncopy to the mayor, a schedule setting forth the amount of state aid\nrevenue payable to the city pursuant to section nineteen-a of the public\nlands law, if any, necessary for payment of any amounts required to be\ndeposited in any debt service reserve fund with respect to such hotel\nrevenue bonds to make up any deficiency in such fund in accordance with\nthe provisions of the resolution or indenture pursuant for which such\nhotel revenue bonds were issued (all such payments, "eligible\nobligations").\n  2. 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 authority deems appropriate to ensure that sufficient funds will be\navailable to meet its eligible obligations relating to such hotel\nrevenue bonds as they come due.\n
N.Y. PBA Law § 2625 — New York Code / Act PBA / Article 8 / Title 28 / Section 2625
Inconsistent provisions of other laws superseded
Status: in_force

§ 2625. 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 § 2675-D — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-D
Albany convention center authority
Status: in_force

§ 2675-d. Albany convention center authority. 1. A corporation known\nas the Albany convention center authority is hereby created for the\npublic purpose and charged with the duties and having the powers\nprovided in this title. The authority shall be a body corporate and\npolitic constituting a public benefit corporation. The governing body of\nthe authority shall be a board. The authority shall consist of nine\nmembers.  Three members shall be appointed by the governor. One member\nshall be appointed by the temporary president of the senate. One member\nshall be appointed by the speaker of the assembly. Two members shall be\nappointed by the mayor with the advice and consent of the common\ncouncil. Two members shall be appointed by the county executive with the\nadvice and consent of the county legislature. All members of the board\nshall serve at the pleasure of their appointing authority.\n  2. A member of the board shall be designated as chairperson by a\nmajority vote of all the members of the board, provided that the initial\nchairperson must be one of the members appointed by the governor. A\nmember of the board shall also be so designated as vice-chairperson of\nthe board. The chairperson may appoint an executive director of the\nauthority, upon advice and consent of the board, who shall be primarily\nresponsible for the discharge of the administrative functions of the\nauthority. The executive director shall be deemed an employee of the\nauthority, and, as such, be an exempt management confidential employee,\nwho is a public officer and entitled to an annual salary as established\nby the authority board, such salary not to exceed the salary of the\nmayor or county executive, whichever is higher.\n  3. The powers of such corporation shall be vested in and exercised by\nthe board.\n  4. The authority and its corporate existence shall continue until its\nexistence shall be terminated by law, provided, however, that no such\ntermination shall take effect so long as the authority shall have bonds\nor other obligations outstanding unless adequate provision has been made\nfor the payment or satisfaction thereof.\n  5. Five members of the board shall constitute a quorum for the\ntransaction of business. At least four of the members of the board\npresent at any meeting at which a quorum shall be present, shall be\nnecessary to pass any resolution, except as otherwise specified in this\ntitle. All propositions requiring the expenditure of money or affecting\ncontract rights or property, shall be presented to the board in writing.\nNo resolution containing such a proposition shall pass unless it\nreceives approval of at least a majority of the whole board.\n  6. The board shall hold at least one regular meeting quarterly. The\nchairperson, or in his or her absence the vice-chairperson, or any four\nmembers, may call a special meeting by notice as specified by the board.\nAll meetings of the board shall be subject to article seven of the\npublic officers law.\n  7. Members 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.\n  8. Notwithstanding any inconsistent provision of any general, special\nor local law, no officer or employee of the state or of any\nmunicipality, as defined in the public officers law, the second class\ncities law, or the general city law, shall be deemed to have forfeited\nor shall forfeit his or her public office or any benefits provided under\nthe retirement or social security law or under any public retirement\nsystem maintained by the state or any of its subdivisions by reason of\nhis or her acceptance of membership on or chairpersonship or\nvice-chairpersonship of the authority.\n  9. The principal office of the authority shall be located in the city\nof Albany.\n  10. Subject to the provisions of this title, members of the authority\nmay engage in private employment, or in a profession or business.\n
N.Y. PBA Law § 2633 — New York Code / Act PBA / Article 8 / Title 28-A / Section 2633
Purposes and powers of the commission
Status: in_force

§ 2633. Purposes and powers of the commission. The purposes of the\ncommission shall be to undertake the necessary administrative and\ndevelopment activities in furtherance of the management plan; and to\ncarry out the aforesaid purposes, the commission shall have the\nfollowing powers:\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;\n  4. To acquire by purchase, grant, lease, gift, condemnation, or\notherwise and to use, real property or rights or easements therein\nnecessary for its corporate purposes subject to the local zoning,\nplanning and historic preservation regulations as well as regional and\nlocal comprehensive land use plans, and to sell, convey, mortgage,\nlease, pledge, exchange or otherwise dispose of any such property in\nsuch manner as the commission shall determine;\n  5. To make by-laws for the management and regulation of its affairs\nand, subject to agreements with its bondholders, for the regulation of\nthe use of a project or projects;\n  6. With the consent of the state or municipality, to use agents,\nemployees and facilities of the state or municipality;\n  7. To appoint officers, agents and employees, to prescribe their\nqualifications and to fix their compensation and to pay the same out of\nfunds of the commission;\n  8. To make contracts and leases, and to execute all instruments\nnecessary or convenient to or with any person, firm, partnership or\ncorporation, either public or private;\n  9. To acquire, construct, reconstruct, lease, improve, maintain, equip\nor furnish one or more projects;\n  10. To administer a preservation revolving fund, including provision\nfor grants and loans therefrom with funds for such purpose from state,\nmunicipal, and/or private sources for the preservation of historic\nproperties to private property owners for preservation projects in\nfurtherance of the public interest in preservation as declared in\nsection 14.01 of the parks, recreation and historic preservation law;\n  11. To accept gifts, grants, loans, or contributions from, and enter\ninto contracts or other transactions with, the United States and the\nstate or any commission of either of them, any municipality, any public\nor private corporation or any other legal entity, and to use any such\ngifts, grants, loans or contributions for any of its corporate purposes;\n  12. To grant options to renew any lease with respect to any project or\nprojects and to grant options to buy any project at such price as the\ncommission may deem desirable;\n  13. To designate the depositories of its money;\n  13-a. To make amendments to the Hudson-Mohawk urban cultural park\nmanagement plan, in lieu of the appropriate local legislative bodies,\nsubject to the approval of the commissioner of parks, recreation and\nhistoric preservation pursuant to the provisions of section 35.05 of the\nparks, recreation and historic preservation law;\n  14. To establish and re-establish its fiscal year; and\n  15. To do all things necessary or convenient to carry out its purposes\nand exercise the powers expressly given in this title.\n
N.Y. PBA Law § 2676-W — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-W
Separability
Status: in_force

§ 2676-w. Separability. If any clause, sentence, paragraph, section,\nor part of this title shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section, or part thereof involved in\nthe controversy in which such judgment shall have been rendered.\n
N.Y. PBA Law § 2675-P — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-P
Actions against authority
Status: in_force

§ 2675-p. Actions against authority. 1. Except in an action for\nwrongful death, no action for special proceeding shall be prosecuted or\nmaintained against the authority, its members, officers or employees for\npersonal injury or damage to real or personal property alleged to have\nbeen sustained by reason of negligence, tort or wrongful act of the\nauthority or of any member, officer, agent or employee thereof, unless\n(a) notice of claim shall have been made and served upon the authority\nwithin the time limit set by and in compliance with section fifty-e of\nthe general municipal law, (b) it shall appear by and as an allegation\nin the complaint or moving papers that at least thirty days have elapsed\nsince the service of such notice and that adjustment or payment thereof\nhas been neglected or refused, (c) the action or special proceeding\nshall be commenced within one year and ninety days after the happening\nof the event upon which the claim is based, and (d) an action against\nthe authority for wrongful death shall be commenced in accordance with\nthe applicable notice of claim and time limitation provisions of title\neleven of article nine of this chapter.\n  2. Whenever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority may require any person presenting for settlement an\naccount or claim for any cause whatsoever against the authority to be\nsworn before a member, counsel, or an attorney, officer or employee of\nthe authority designated for such purpose, concerning such account or\nclaim and, when so sworn, to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  4. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein except election causes,\nirrespective of position on the calendar. The same performance shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this title in which the\nauthority may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the Supreme Court of Albany county.\n  5. The rate of interest to be paid by the authority upon any judgement\nfor which it is liable, other than a judgement on its bonds, shall be\nthe rate prescribed by section five thousand four of the civil practice\nlaw and rules. Interest on payments of principal or interest on any\nbonds in default shall accrue at the rate borne by such bonds from the\ndue date thereof until paid or otherwise satisfied.\n  6. All actions or proceedings against the authority of whatever nature\nshall be brought in the Supreme Court of Albany county.\n
N.Y. PBA Law § 2652 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2652
Definitions
Status: in_force

§ 2652. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. The term "authority" shall mean the public benefit corporation\ncreated by section twenty-six hundred fifty-three of this title.\n  2. The term "board" shall mean the members of the authority created in\nsection twenty-six hundred fifty-three of this title.\n  3. The term "person" shall mean any natural person, partnership,\nlimited liability company, association, joint venture or corporation,\nexclusive of a public corporation.\n  4. The term "service district" shall mean the Schenectady metroplex\nservice district created by section twenty-six hundred fifty-four of\nthis title.\n  5. The term "bonds" shall mean bonds and notes issued by the authority\npursuant to this title.\n  6. The term "state" shall mean the state of New York.\n  7. The term "governor" shall mean the governor of the state of New\nYork.\n  8. The term "comptroller" shall mean the comptroller of the state of\nNew York.\n  9. The term "director of the budget" shall mean the director of the\nbudget of the state of New York.\n  10. The term "municipality" shall mean a county, town, city, or\nvillage.\n  11. The term "county" shall mean the county of Schenectady.\n  12. The term "county legislature" shall mean the Schenectady county\nlegislature.\n  13. The term "city" shall mean the city of Schenectady.\n  14. The term "mayor" shall mean the mayor of the city of Schenectady.\n  15. The term "city council" shall mean the city council of the city of\nSchenectady.\n  16. The term "metroplex facility" shall mean any facility, building,\nstructure, park or other real property owned, leased, constructed,\ncreated, designed, developed, planned, financed, operated, renovated,\nadministered, managed and/or maintained by the authority.\n  17. The term "park district" shall mean any area designated by the\nauthority, within the service district, to be an historic preservation\ndistrict, a special entertainment district, an educational entertainment\ndistrict, or a recreational park district.\n  18. The term "construction" shall mean the acquisition, erection,\nbuilding, alteration, improvement, increase, enlargement, extension,\nreconstruction, renovation or rehabilitation of any project financed\nunder the provisions of this title; the inspection and supervision\nthereof; and the engineering, architectural, legal, fiscal and economic\ninvestigations and studies, surveys, designs, plans, working drawings,\nspecifications, procedures and other actions preliminary or incidental\nthereto.\n  19. The term "real property" shall mean lands, waters, rights in lands\nor waters, structures, franchises and interests in land, including lands\nunder water, riparian rights, property rights in air space and/or\nsubsurface space and any and all other things and rights usually\nincluded within such term and includes also any and all interests in\nsuch property less than full title, such as easements permanent or\ntemporary, rights-of-way, uses, leases, licenses and all other\nincorporeal hereditaments and every estate, interest or right legal or\nequitable.\n  20. The term "personal property" shall mean chattels and other\ntangible things of a movable or removable nature.\n  21. The term "cost" as applied to any project, includes the cost of\nconstruction, the cost of the acquisition of all property, rights in\nproperty, rights-of-way, easements, franchises, and interests, including\nreal property and other property, both real, personal and mixed,\nimproved and unimproved, the cost of demolishing, removing or relocating\nany buildings or structures on lands so acquired, including the cost of\nacquiring any lands to which such buildings or structures may be moved\nor relocated, the cost of all machinery, apparatus and equipment,\nfinancing charges, interest prior to, during and after construction to\nthe extent not paid or provided for from revenues or other sources, the\ncost of engineering and architectural surveys, plans and specifications,\nthe cost of consultant and legal services, the cost of guarantee, bond\ninsurance or other credit support devices and the cost of other expenses\nnecessary or incidental to the construction of any such project and the\nfinancing of the construction thereof, including the amount authorized\nin the resolution of the authority providing for the issuance of bonds\nto be paid into any reserve or other special funds from the proceeds of\nsuch bonds and the financing of the placing of any project in operation,\nincluding reimbursement to any municipality, state agency, the state,\nthe United States government, or any other person for expenditures that\nwould be costs of the project hereunder had they been made directly by\nthe authority.\n  22. The term "project" shall mean a facility, building, structure,\npark or other real property, or any portion thereof, which the\nownership, lease, transfer, design, development, planning, financing,\ncreation, siting, construction, renovation, administration, operation,\nmanagement and/or maintenance is authorized to be undertaken, in whole\nor in part, by the authority pursuant to this title.\n  23. The term "revenues" shall mean all monies, funds, rates, fees,\ntolls, rents, charges or other income derived by the authority from its\nplanning, development, financing, construction, operation, management,\nor maintenance functions, or any monies or funds appropriated to the\nauthority from the state or a municipality, or any monies or funds\nobtained from public or private donations to the authority or the tax\nrevenues payable to the authority pursuant to section twelve hundred\nten-C of the tax law.\n  24. The term "United States" shall mean the United States of America\nor any department, agency or instrumentality thereof acting on behalf of\nthe United States of America.\n
N.Y. PBA Law § 2642-H — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-H
Exemption from taxation
Status: in_force

§ 2642-h. Exemption from taxation. 1. It is hereby determined that the\ncreation of the authority and the carrying out of its purposes under\nthis title are in all respects for the benefit of the people of the\nstate of New York and is a public purpose. Accordingly, the authority\nshall be regarded as performing an essential governmental function in\nthe exercise of the powers conferred upon it by this title, and the\nauthority shall not be required to pay any fees, taxes, special ad\nvalorem levies or assessments of any kind, whether state or local,\nincluding but not limited to fees, taxes, special ad valorem levies or\nassessments on real property, franchise taxes, sales taxes or other\ntaxes, upon or with respect to any property owned by it or under its\njurisdiction, control or supervision, or upon the uses thereof, or upon\nor with respect to its activities or operations in furtherance of the\npowers conferred upon it by this title, or upon or with respect to any\nfares, tolls, rentals, rates, charges, fees, revenues or other income\nreceived by the authority.\n  2. Notwithstanding subdivision one of this section, the authority or\nany lessees of the authority shall be required to pay water and sewer\nfees, water and sewer assessments or water and sewer special ad valorem\nlevies.\n  3. The authority may pay, or may enter into agreements with any\nmunicipality, including school districts, to pay, a sum or sums annually\nor otherwise or to provide other considerations with respect to real\nproperty owned by the authority located within such municipality.\n
N.Y. PBA Law § 2610 — New York Code / Act PBA / Article 8 / Title 28 / Section 2610
Review of and recommendation on continuation of the authority
Status: in_force

§ 2610. Review of and recommendation on continuation of the authority.\n1. The authority and its corporate existence shall continue until\nterminated by law, provided, however, that no such law shall take effect\nso long as the authority shall have any outstanding obligations, unless\nadequate provision has been made for the satisfaction thereof.\n  2. The authority shall submit on August fifteenth, nineteen hundred\nninety, a report to the governor, the chairman of the senate finance\ncommittee and the chairman of the assembly ways and means committee and\nthe park district detailing the accomplishments of the authority since\nits creation and making recommendations concerning its continuation.\n  3. The comptroller may conduct periodic financial audits of the\nauthority and report on August fifteenth, nineteen hundred ninety, to\nthe governor, the chairman of the senate finance committee and the\nchairman of the assembly ways and means committee and the park district\non the appropriateness of the financial practices of the authority.\n  4. The director of the budget is hereby directed to conduct a survey\nof the management and operating practices of the authority and report on\nAugust fifteenth, nineteen hundred ninety, to the governor, the chairman\nof the senate finance committee and the chairman of the assembly ways\nand means committee and the park district on the appropriateness of the\nmanagement and operating practices of the authority. The director of the\nbudget shall include in such report his recommendations of whether the\nauthority shall be terminated or whether it shall be changed in any\nmanner, and if the director of the budget shall recommend that the\nauthority be terminated, he shall recommend what functions shall be\neliminated and what functions shall be continued by another authority or\nagency.\n  5. In the event of termination of the existence of the authority, all\nof its rights and properties shall pass to and be vested in the state,\nexcept the personal property and any replacements and/or substitutions\ntherefor, used solely in connection with a participating olympic\nfacility which is administered, owned or supervised by the park district\nshall pass to and be vested in the park district. All property which\npasses to the state or the park district on termination of the authority\nshall be accepted by the state or the park district, as the case may be,\nin its condition at the time of such termination.\n
N.Y. PBA Law § 2675-F — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-F
Preliminary study of the authority
Status: in_force

§ 2675-f. Preliminary study of the authority. Prior to commencing any\npurchase, lease or transfer of any real property, in whole or part, the\nauthority shall formulate a plan for the creation and development of the\nconvention facility. After passage of a resolution approving such plan,\nit shall be submitted to the governor, comptroller, temporary president\nof the senate, speaker of the assembly, county executive and mayor. Such\nresolution shall require at least six affirmative votes of the board for\npassage. Any plan submitted will include, but not be limited to: a\ndetailed accounting of expected revenues and financing; an estimate of\nexpenditures necessary for construction and maintenance; a description\nof the geographic location of anticipated construction sites, with\nsupporting information on the impact such construction would have on\nexisting structures in the vicinity; a depiction of any and all\nstructures anticipated for construction; an assessment of anticipated\nenvironmental impacts; a plan for inclusion of historic preservation\nmeasures to be undertaken; a structure for involvement of the community;\nthe report of results from public hearings held, pursuant to section\ntwenty-six hundred seventy-five-g of this title; and, a timeline for\nexpected development.\n
N.Y. PBA Law § 2654 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2654
Schenectady metroplex service district
Status: in_force

§ 2654. Schenectady metroplex service district.  1. The Schenectady\nmetroplex service district shall include all real property within the\ncounty of Schenectady, from the Albany county/Schenectady county border\nto the Montgomery county/Schenectady county border, and within\nthirty-five hundred feet of Route 5, except from the intersection of\nRoute 5/State Street and Brandywine Avenue to the intersection of Route\n5/Mohawk Avenue and Route 147/Sacandaga Road, whereupon the Schenectady\nmetroplex service district shall include all real property within\neighty-seven hundred fifty feet of Route 5. The service district shall\nalso include all real property within Schenectady county from the town\nof Rotterdam/city of Schenectady border to the Schoharie\ncounty/Schenectady county border and within the boundaries and\naccompanying right of way of state Route 7; and all real property within\ntwo hundred feet of Chrisler Avenue in the city of Schenectady except as\nexcluded by subdivision two of this section.\n  2. Notwithstanding any other provision of law, unless amended pursuant\nto local law, the Schenectady metroplex service district shall not\ninclude any parcel of real property upon which a non-multiple dwelling\nresidence is located in the city of Schenectady and within the\nboundaries of the historic GE realty plot district, the Union College\nTriangle, the Mont Pleasant neighborhood association, or any defined\nneighborhood within the Schenectady united neighborhood associations.\n  3. The Stockade Historic District shall be included within the\nSchenectady Metroplex Service District for the purposes of the design,\ndevelopment, planning, financing, creation, siting, construction,\nrenovation, administration, operation, management, and/or maintenance of\nfacilities, structures or parks as defined in paragraphs (e), (f), (g),\n(h), (i), (j), (k) and (l) of subdivision eight of section twenty-six\nhundred fifty-five of this title.\n  4. Any municipality located within the county shall have the power to\nincrease the boundaries of the Schenectady metroplex service district\nwithin the municipality. To increase the boundaries of the service\ndistrict within a municipality, the municipality must conduct a public\nhearing and enact by a two-thirds vote a local law defining the\nadditional boundaries of such district. In the event a municipality\nelects to increase the boundaries of the service district, two certified\ncopies of the local law increasing the service district, together with\ntwo certified maps designating such increased boundaries shall be filed\nwith the office of the chairman of the Schenectady metroplex development\nauthority. Within ten days of the filing of such certified copies and\nmaps with the office of the chairman of the Schenectady metroplex\ndevelopment authority, such chairman shall file one certified copy of\nsuch local law and one certified copy of such map with the commissioner\nof the New York state department of taxation and finance. The territory\nand boundaries of the Schenectady metroplex development service district\nshall not be required to be contiguous.\n
N.Y. ENV Law § 71-2803 — New York Code / Act ENV / Article 71 / Title 28 / Section 71-2803
Penalties
Status: in_force

§ 71-2803. Penalties.\n  Any person who violates section 30-0103 of this chapter shall be\nliable for a civil penalty not to exceed thirty-seven thousand five\nhundred dollars for the first day of the violation, not to exceed\nseventy-five thousand dollars for the second day of the violation, and\nnot to exceed one hundred fifty thousand dollars per violation\nthereafter. For purposes of this section, each day in which a violation\noccurs shall be considered a separate violation.\n
N.Y. ENV Law § 27-2809 — New York Code / Act ENV / Article 27 / Title 28 / Section 27-2809
Preemption of local law
Status: in_force

§ 27-2809. Preemption of local law.\n  Jurisdiction in all matters pertaining to plastic carryout bags is\nvested exclusively in the state.\n
N.Y. PBA Law § 2642-K — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-K
Equal employment opportunity
Status: in_force

§ 2642-k. Equal employment opportunity. The authority shall ensure\nthat all employees or applicants for employment are afforded equal\nopportunity employment without discrimination on any basis prohibited\nunder subdivision two of section forty-c of the civil rights law.\n
N.Y. PBA Law § 2642-G — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-G
Cooperation and assistance of other agencies
Status: in_force

§ 2642-g. Cooperation and assistance of other agencies. 1. To avoid\nduplication of effort and in the interests of economy, the authority may\nmake use of existing studies, surveys, plans, data and other materials\nin the possession of any state agency or any municipality or political\nsubdivision of the state. Each such agency, municipality or subdivision\nlocated in or serving some portion of the state is hereby authorized to\nmake the same available to the authority and otherwise to assist it in\nthe performance of its functions. At the request of the authority, each\nsuch agency, municipality or subdivision located in or serving some\nportion of the state which is engaged in railroad or other\ntransportation activities or in land use or development planning, or\nwhich is charged with the duty of providing or regulating any\ntransportation facility or any other public facility, is further\nauthorized to provide the authority with information regarding its plans\nand programs affecting railroad transportation within the participating\ncounties so that the authority may have available to it current\ninformation with respect thereto. The officers and personnel of such\nagencies, municipalities or subdivisions, and of any other government or\nagency whatever, may serve at the request of the authority upon such\nadvisory committees as the authority shall determine to create and such\nofficers and personnel may serve upon such committees without forfeiture\nof office or employment and with no loss or diminution in the\ncompensation, status, rights and privileges which they otherwise enjoy.\n  2. Notwithstanding any contrary provision of law, every municipality\nlocated in the counties of Chautauqua, Cattaraugus, Allegany or Steuben\nis authorized and empowered to consent to the use by the authority of\nany real or personal property owned by any such municipality and\nnecessary, convenient or desirable in the opinion of the authority for\nany of the facilities or projects authorized under this title, including\nsuch real property as has already been devoted to a public use, and as\nan incident to such consent, to lease or otherwise transfer and convey\nto the authority any such real or personal property upon such terms as\nmay be determined by the authority and any such municipality. Every such\nmunicipality also is authorized and empowered, as an incident to such\nconsent, to vest in the authority the control, possession, operation,\nmaintenance, rents, charges and any and all other revenues of any\nfacilities now owned by any such municipality, the title to such\nfacilities remaining in such municipality.\n
N.Y. PBA Law § 2650 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2650
Short title
Status: in_force

§ 2650. Short title.  This title shall be known and may be cited as\nthe "Schenectady Metroplex Development Authority Act".\n
N.Y. ENV Law § 71-2805 — New York Code / Act ENV / Article 71 / Title 28 / Section 71-2805
Attorney general enforcement
Status: in_force

§ 71-2805. Attorney general enforcement.\n  The penalties provided by section 71-2803 of this title shall be\nrecoverable in an action brought by the attorney general.\n
N.Y. PBA Law § 2640 — New York Code / Act PBA / Article 8 / Title 28-A / Section 2640
Construction and purchase contracts
Status: in_force

§ 2640. Construction and purchase contracts. The commission shall let\ncontracts for construction or purchase of supplies, materials, or\nequipment pursuant to section one hundred three of the general municipal\nlaw.\n
N.Y. PBA Law § 2636 — New York Code / Act PBA / Article 8 / Title 28-A / Section 2636
Moneys of the commission
Status: in_force

§ 2636. Moneys of the commission. All moneys of the commission from\nwhatever source derived shall be paid to the treasurer and shall be\ndeposited forthwith in one or more banks and/or trust companies in the\nstate designated by the commission. The moneys in such accounts shall be\npaid out on checks of the treasurer upon requisition by the chairman of\nthe commission or of such other officer or officers as the commission\nmay authorize to make such requisitions. All deposits of such moneys\nshall be secured by obligations of or guaranteed by the United States of\nAmerica or of the state of a market value equal at all times to the\namount on deposit and all banks and trust companies are authorized to\ngive such security for such deposits. Any moneys of the commission not\nrequired for immediate use or disbursement may, at the discretion of the\ncommission, be invested in those obligations specified pursuant to the\nprovisions of section ninety-eight-a of the state finance law.\n