N.Y. PBA Law § 2675-Q — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-Q
Annual reports
Status: in_force

§ 2675-q. Annual reports. The accounts of the authority shall be\nsubject to the supervision of the state comptroller and an annual audit\nshall be performed by an independent certified public accountant. The\nauthority shall annually submit to the mayor, county executive,\ngovernor, state comptroller, chairperson of the senate finance committee\nand the chairperson of the assembly ways and means committee a copy of\nsaid report which shall also be filed with the clerk of the common\ncouncil.\n
N.Y. ENV Law § 71-2801 — New York Code / Act ENV / Article 71 / Title 28 / Section 71-2801
Applicability of title
Status: in_force

§ 71-2801. Applicability of title.\n  In addition to the provisions of sections 71-0101 and 71-0301 of this\narticle, the provisions of this title shall be applicable to the\nenforcement of article 30 of this chapter and to this title.\n
N.Y. PBA Law § 2676-H — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-H
Bonds of the authority
Status: in_force

§ 2676-h. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds, notes\nor other obligations to pay the cost of any project or for any other\ncorporate purpose, including the establishment of reserves to secure the\nbonds, the payment of principal of, premium, if any, and interest on the\nbonds and the payment of incidental expenses in connection therewith.\nThe aggregate principal amount of such bonds, notes, or other\nobligations outstanding shall not exceed eighty million dollars,\nexcluding bonds, notes, or other obligations issued to refund or\notherwise repay bonds, notes, or other obligations theretofore issued\nfor such purposes; provided, however, that upon any such refunding or\nrepayment the total aggregate principal amount of outstanding bonds,\nnotes, or other obligations may be greater than eighty million dollars\nonly if the present value of the aggregate debt service of the refunding\nor repayment bonds, notes, or other obligations to be issued shall not\nexceed the present value of the aggregate debt service of the bonds,\nnotes, or other obligations so to be refunded or repaid. For purposes\nhereof, the present values of the aggregate debt service of the\nrefunding or repayment bonds, notes, or other obligations and of the\naggregate debt service of the bonds, notes, or other obligations so\nrefunded or repaid, shall be calculated by utilizing the effective\ninterest rate of the refunding or repayment bonds, notes, or other\nobligations, which shall be that rate arrived at by doubling the\nsemi-annual interest rate (compounded semi-annually) necessary to\ndiscount the debt service payments on the refunding or repayment bonds,\nnotes, or other obligations from the payment dates thereof to the date\nof issue of the refunding or repayment bonds, notes, or other\nobligations and to the price bid including estimated accrued interest or\nproceeds received by the authority including estimated accrued interest\nfrom the sale thereof. The authority shall have power and is hereby\nauthorized to enter into such agreements and perform such acts as may be\nrequired under any applicable federal legislation to secure a federal\nguarantee of any bonds.\n  2. The authority shall have power from time to time to renew bonds or\nto issue renewal bonds for such purpose, to issue bonds to pay bonds,\nand, whenever it deems refunding expedient, to refund any bond by the\nissuance of new bonds, whether the bonds to be refunded have or have not\nmatured, and may issue bonds partly to refund bonds then outstanding and\npartly for any other corporate purpose of the authority. Bonds, other\nthan notes or other evidence of indebtedness, issued for refunding\npurposes, which have a final maturity date longer than the maturity of\nthe bonds being refunded, shall be approved by a resolution of the\ncounty legislature adopted by a majority vote and approved by the county\nexecutive. Bonds issued for refunding purposes shall be sold and the\nproceeds applied to the purchase, redemption, or payment of the bonds or\nnotes to be refunded.\n  3. Bonds issued by the authority may be general obligations of the\nauthority or may be special obligations payable solely out of particular\nrevenues or other moneys as may be designated in the proceedings of the\nauthority under which the bonds shall be authorized to be issued,\nsubject as to priority only to any agreements with the holders of\noutstanding bonds pledging any particular property, revenues, or moneys.\nThe authority may also enter into loan agreements, lines of credit and\nother security agreements and obtain for or on its behalf letters of\ncredit, insurance, guarantees, or other credit enhancements to the\nextent now or hereafter available, in each case for securing its bonds\nor to provide direct payment of any costs which the authority is\nauthorized to pay.\n  4. (a) Bonds shall be authorized by resolution of the authority, be in\nsuch denominations and bear such date or dates and mature at such time\nor times, as such resolution may provide, provided that bonds and\nrenewals thereof shall mature within forty years from the date of\noriginal issuance of any such bonds.\n  (b) Bonds shall be subject to such terms of redemption, bear interest\nat such rate or rates, be payable at such times, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in such medium of payment at such place or\nplaces, and be subject to such terms and conditions as such resolution\nmay provide. Notwithstanding any other provision of law, the bonds of\nthe authority issued pursuant to this section shall be sold to the\nbidder offering the lowest true interest cost, taking into consideration\nany premium or discount not less than four nor more than fifteen days,\nSundays excepted, after a notice of such sale has been published at\nleast once in a newspaper of general circulation in the area served by\nthe authority, which shall state the terms of the sale. The terms of the\nsale shall not change unless notice of such change is published in such\nnewspaper at least one day prior to the date of the sale as set forth in\nthe original notice of sale. Advertisements shall contain a provision to\nthe effect that the authority, in its discretion, may reject any or all\nbids made in pursuance of such advertisements, and in the event of such\nrejection, the authority is authorized to negotiate a private or public\nsale or readvertise for bids in the form and manner above described as\nmany times as, in its judgment, may be necessary to effect satisfactory\nsale.\n  (c) Notwithstanding paragraph (b) of this subdivision, whenever in the\njudgment of the authority the interests of the authority will be served\nthereby, the members of the authority, on the written recommendation of\nthe chairperson, may authorize the sale of such bonds at private or\npublic sale on a negotiated basis or on either a competitive or\nnegotiated basis. The authority shall set guidelines governing the terms\nand conditions of any such private or public sales. The private or\npublic bond sale guidelines set by the authority shall include, but not\nbe limited to, a requirement that where the interests of the authority\nwill be served by a private or public sale of bonds, the authority shall\nselect underwriters for each private or public bond sale conducted\npursuant to a request for proposal process and consideration of\nproposals from qualified underwriters taking into account, among other\nthings, qualifications of underwriters as to experience, their ability\nto structure and sell authority bond issues, anticipated costs to the\nauthority, the prior experience of the authority with the firm, if any,\nthe capitalization of such firms, participation of qualified minority\nand women-owned business enterprise firms in such private or public\nsales of bonds of the authority and the experience and ability of firms\nunder consideration to work with minority and women-owned business\nenterprises so as to promote and assist participation by such\nenterprises.\n  (d) The authority shall have the power from time to time to amend such\nprivate bond sale guidelines in accordance with the provisions of this\nsubdivision.\n  (e) No private or public bond sale on a negotiated basis shall be\nconducted by the authority without prior approval of the state\ncomptroller and the county comptroller. The authority shall annually\nprepare and approve a bond sale report which shall include the private\nor public bond sale guidelines as specified in this subdivision,\namendments to such guidelines since the last private or public bond sale\nreport, an explanation of the bond sale guidelines and amendments, and\nthe results of any sale of bonds conducted during the fiscal year. Such\nbond sale report may be a part of any other annual report that the\nauthority is required to make.\n  (f) The authority shall annually submit its bond sale report to the\nstate comptroller and the county comptroller and copies thereof to the\nsenate finance committee and the assembly ways and means committee.\n  (g) The authority shall make available to the public copies of its\nbond sale report upon reasonable request thereof.\n  (h) Nothing contained in this subdivision shall be deemed to alter,\naffect the validity of, modify the terms of or impair any contract or\nagreement made or entered into in violation of, or without compliance\nwith, the provisions of this subdivision.\n  5. Any resolution or resolutions authorizing bonds or any issue of\nbonds may contain provisions which may be a part of the contract with\nthe holders of the bonds thereby authorized as to:\n  (a) pledging all or part of the revenues, other monies or property of\nthe authority to secure the payment of the bonds, or any costs of\nissuance thereof, including but not limited to any contracts, earnings,\nor proceeds of any grant to the authority received from any private or\npublic source subject to such agreements with bond holders as may then\nexist;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) the rates, rents, fees, and other charges to be fixed and\ncollected by the authority and the amount to be raised in each year\nthereby and the use and disposition of revenues;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbond holders shall be amended or abrogated, the amount of bonds the\nholders of which shall consent thereto, and the manner in which such\nconsent shall be given;\n  (h) the creation of special funds into which any revenues or monies\nshall be deposited;\n  (i) the terms and provisions of any trust, mortgage, deed or indenture\nsecuring the bonds under which the bond shall be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers,\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers, and duties of the trustees appointed by\nthe bond holders to appoint a trustee pursuant to this title or limiting\nthe rights, duties, and powers of such trustee;\n  (k) defining the acts or omissions to act which shall constitute a\ndefault in the obligations and duties of the authority to the bond\nholders and providing for the rights and remedies of the bond holders in\nthe event of such default, including as a matter of right appointment of\na receiver, provided, however, that such rights and remedies shall not\nbe inconsistent with the general laws of the state and other provisions\nof this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof;\n  (m) limitations on the amount of revenues and other monies to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the payment of the proceeds of bonds, revenues, and other monies\nto a trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  6. In addition to the powers conferred upon the authority to secure\nits bonds under this section, the authority shall have power in\nconnection with the issuance of bonds to adopt resolutions and enter\ninto such trust indentures, agreements or other instruments as the\nauthority may deem necessary, convenient or desirable concerning the use\nor disposition of its revenues or other monies or property, including\nthe mortgaging of any property and the entrusting, pledging, or creation\nof any other security interest in any such revenues, monies, or property\nand the doing of any act, including refraining from doing any act which\nthe authority would have the right to do in the absence of such\nresolutions, trust indentures, agreements, or other instruments. The\nauthority shall have power to enter into amendments of any such\nresolutions, trust indentures, agreements, or other instruments. The\nprovisions of any such resolutions, trust indentures, agreements, or\nother instruments may be made a part of the contract with the holders of\nbonds of the authority.\n  7. Notwithstanding any provision of the uniform commercial code to the\ncontrary, any pledge of or other security interest in revenues, monies,\naccounts, contract rights, general intangibles, or other personal\nproperty made or created by the authority shall be valid, binding, and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding, and perfected against all parties having claims\nof any kind in tort, contract, or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created, nor\nany financing statement need be recorded or filed.\n  8. Regardless of whether the bonds are of such form and character as\nto be negotiable instruments under the terms of the uniform commercial\ncode, the bonds are hereby made negotiable instruments within the\nmeaning of and for all the purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  9. Neither the members of the authority nor any person executing its\nbonds shall be liable personally on its bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  10. Subject to such agreements with bondholders as may then exist, the\nauthority shall have power out of any funds available therefor to\npurchase bonds of the authority, which shall thereupon be cancelled, at\na price not exceeding (a) if the bonds are then redeemable, the\nredemption price then applicable plus accrued interest to the next\ninterest payment date; or (b) if the bonds are not then redeemable, the\nredemption price applicable on the first date after such purchase upon\nwhich the bonds become subject to redemption plus accrued interest to\nthe next interest payment date. Bonds so purchased shall thereupon be\ncancelled.\n
N.Y. PBA Law § 2653 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2653
Schenectady metroplex development authority
Status: in_force

§ 2653. Schenectady metroplex development authority. 1. The\nSchenectady metroplex development authority is hereby created. Such\nauthority shall be a body corporate and politic constituting a public\nbenefit corporation. The governing body of the authority shall be a\nboard. The authority shall consist of eleven members who are residents\nof Schenectady county, appointed by a majority vote of the county\nlegislature. Nominations for appointment by the county legislature shall\nbe submitted as follows: one upon the recommendation of the mayor of the\ncity of Schenectady, one upon the recommendation of the city council;\none upon the recommendation of the supervisor of the town of Niskayuna,\none upon the recommendation of the supervisor of the town of Glenville,\none upon the joint recommendation of the supervisors of the towns of\nPrincetown and Duanesburg, one upon the recommendation of the supervisor\nof the town of Rotterdam, one upon the recommendation of the minority\nleader of the county legislature, two upon the recommendation of the\nchairman of the county legislature and two by the joint recommendation\nof the county legislature. The members appointed upon the recommendation\nof the chair of the county legislature, the minority leader of the\ncounty legislature and the joint recommendation of the county\nlegislature shall serve for a term of five years each, and the members\nappointed by the county legislature upon the recommendation of the city\nor town officers shall serve for a term of four years each,\nrespectively, with each term commencing from the first day of January\nnext succeeding their appointment. Each member unless removed for good\ncause by a two-thirds vote of the county legislature shall hold office\nuntil a successor has been appointed and qualified.\n  2. No person holding an elected or management/confidential-exempt\nposition in any county government may be appointed to the authority\nexcept for the Schenectady county commissioner of economic development\nand planning. No member of the state legislature may be appointed to the\nauthority. No person holding, or who has held within the previous four\nyears, the position of chairperson of a village, town, city or county\npolitical party as defined by article two of the election law shall be\nappointed to the authority.\n  3. A member of the board shall be designated as chairman by a majority\nvote of all the members of the county legislature and shall be chairman\nof such board until his or her term as member expires. A member of the\nboard shall also be so designated as vice-chairman of the board until\nhis or her term as member expires. The chairman shall be the chief\nexecutive officer of the authority and shall be primarily responsible\nfor the discharge of the administrative functions of the authority. The\nchairman may appoint an executive director of the authority, upon advice\nand consent of the board, to which such administrative functions may be\ndelegated. 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.\n  4. The power of such corporation shall be vested in and exercised by\nthe board. Such board may delegate to one or more of its members or its\nofficers, agents and employees such powers and duties as it may deem\nproper.\n  5. Such board and its corporate existence shall continue until its\nexistence shall be terminated by law. Upon the termination of the\nexistence of the authority all its rights and properties shall pass to\nand be vested in the county of Schenectady.\n  6. Six members of the board shall constitute a quorum for the\ntransaction of business. A majority of the members of the board present\nat any meeting at which a quorum shall be present, shall be sufficient\nto pass any resolution, except as otherwise specified in this title. All\npropositions requiring the expenditure of money or affecting contract\nrights or property, shall be presented to the board in writing. No\nresolution containing such a proposition shall pass unless it receives\napproval of at least six board members in office.\n  7. The board shall hold at least one regular meeting every month. The\nchairman, or in his absence the vice-chairman, or any five members, may\ncall a special meeting by notice as specified by the board. All meetings\nof the board shall be subject to article seven of the public officers\nlaw.\n  8. 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  9. 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 county law or\nthe town law, shall be deemed to have forfeited or shall forfeit his\npublic office or any benefits provided under the retirement and social\nsecurity law or under any public retirement system maintained by the\nstate or any of its subdivisions by reason of his acceptance of\nmembership on or chairmanship or vice-chairmanship of the authority;\nprovided, however, a member or chairman who holds such other public\noffice shall receive no additional compensation for services rendered\npursuant to this title, but shall be entitled to reimbursement for\nactual and necessary expenses incurred in the performance of such\nservices.\n  10. The principal office of the authority shall be located in the\ncounty of Schenectady.\n  11. The comptroller may conduct periodic audits of the authority and\nreport the results of such audits to the governor, the chairman of the\nsenate finance committee, and the chairman of the assembly ways and\nmeans committee.\n  12. 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 § 2626 — New York Code / Act PBA / Article 8 / Title 28 / Section 2626
Construction
Status: in_force

§ 2626. Construction. This title, being necessary for the welfare of\nthe state and its inhabitants, shall be liberally construed so as to\neffectuate its purpose.\n
N.Y. PBA Law § 2666 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2666
Bonds; legal investment for fiduciaries
Status: in_force

§ 2666.  Bonds; legal investment for fiduciaries.  The bonds of the\nauthority are hereby made securities in which all public officers and\nbodies of the state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and saving associations,\nincluding savings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nand administrators, guardians, executors, trustees and other fiduciaries\nand all other persons whatsoever, who are now or may hereafter be\nauthorized to invest in bonds or other obligations of the state may\nproperly and legally invest funds including capital in their control or\nbelonging to them.  The bonds are also hereby made securities which may\nbe deposited with and may be received by all public officers and bodies\nof the state and all municipalities for any purposes for which the\ndeposit of bonds or other obligations of this state is now or hereafter\nmay be authorized.\n
N.Y. PBA Law § 2642-J — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-J
New York state and local employees' retirement system rights of employees; civil service
Status: in_force

§ 2642-j. New York state and local employees' retirement system rights\nof employees; civil service. 1. In accordance with the provisions of\nsection seventy of the civil service law, any officer or employee of a\nmunicipality transferred to the authority shall be eligible for such\ntransfer and appointment, without further examination, to applicable\noffices, positions and employment under the authority. Any such officers\nor employees so transferred to the authority pursuant to this section,\nwho are members of or benefit under any existing pension or retirement\nfund or system, shall continue to have all rights, privileges,\nobligations and status with respect to such fund or system as are now\nprescribed by law.\n  2. Nothing contained in this title shall be construed (a) to diminish\nthe rights of employees pursuant to a collective bargaining agreement or\n(b) to affect existing law with respect to an application to the public\nemployment relations board seeking a designation by the board that\ncertain persons are managerial or confidential.\n
N.Y. GMU Law § 598 — New York Code / Act GMU / Article 15-B / Title 28 / Section 598
Mount Vernon urban renewal agency
Status: in_force

§ 598. Mount Vernon urban renewal agency. A municipal urban renewal\nagency to be known as the Mount Vernon urban renewal agency is hereby\nestablished for the accomplishment of any or all of the purposes\nspecified in articles fifteen and fifteen-A of this chapter and in\naccordance with article eighteen of the constitution of the state of New\nYork. It shall constitute a body corporate and politic, be perpetual in\nduration, and consist of five members, consisting of the mayor,\npresident of the common council, comptroller, corporation counsel of the\ncity of Mount Vernon, New York and one other person who shall be\nappointed by and serve at the pleasure of the mayor. It shall have all\nthe powers and duties now or hereafter conferred by article fifteen-A of\nthis chapter upon municipal urban renewal agencies. It shall be\norganized in the manner prescribed by and be subject to the provisions\nof article fifteen-A of this chapter, and the agency, its members,\nofficers, and employees, and its operations and activities, shall in all\nrespects be governed by the provisions of such article.\n
N.Y. PBA Law § 2675-J — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-J
Bonds of the authority
Status: in_force

§ 2675-j. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue hotel revenue\nbonds.  The authority shall further have power from time to time and\nwhenever it deems refunding expedient, to refund any hotel revenue bonds\nby the issuance of new hotel revenue bonds, whether the bonds to be\nrefunded have or have not matured, and may issue bonds partly to refund\nbonds then outstanding and partly for any other purpose hereinabove\ndescribed.  Hotel revenue bonds of the authority shall be revenue\nobligations payable from and secured by hotel revenues and state aid\nrevenues, as defined pursuant to section twenty-six hundred\nseventy-five-ii of this title, as the authority determines are available\ntherefor and upon such terms and conditions as specified by the\nauthority in the resolution under which the bonds are issued.\n  2. Bonds issued by the authority may be general obligations secured by\nthe faith and credit of the authority or may be special obligations\npayable solely out of particular revenues or other monies as may be\ndesignated in the proceedings of the authority under which the bonds\nshall be authorized to be issued, subject as to priority only to any\nagreements with the holders of outstanding bonds pledging any particular\nproperty, revenues or monies. The authority may also enter into loan\nagreements, lines of credit and other security agreements and obtain for\nor on its behalf letters of credit, insurance, guarantees or other\ncredit enhancements to the extent now or hereafter available, in each\ncase for securing its bonds or to provide direct payment of any costs\nwhich the authority is authorized to pay.\n  3. (a) Bonds shall be authorized by resolution of the authority, be in\nsuch denominations and bear such date or dates and mature at such time\nor times, as such resolution may provide, provided that bonds and\nrenewals thereof shall mature within thirty years from the date of\noriginal issuance of any such bonds. Any and all such resolutions shall\nrequire at least six affirmative votes of the board for passage. Any\nsuch resolution may delegate to an officer or committee of the\nauthority, and any such committee may delegate to an officer, the power\nto issue such bonds from time to time and to fix the details of any such\nissues of bonds by an appropriate certificate of such authorized\nofficer.\n  (b) Bonds shall be subject to such terms of redemption, bear interest\nat such rate or rates, be payable at such times, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in such medium of payment at such place or\nplaces, and be subject to such terms and conditions as such resolution\nmay provide. Notwithstanding any other provision of law, the bonds of\nthe authority issued pursuant to this section shall be sold to the\nbidder offering the lowest true interest cost, taking into consideration\nany premium or discount not less than four nor more than fifteen days,\nSunday excepted, after a notice of such sale has been published at least\nonce in a newspaper of general circulation in the area served by the\nauthority, which shall state the terms of the sale. The terms of the\nsale may not change unless notice of such change is published in such\nnewspaper at least one day prior to the date of the sale as set forth in\nthe original notice of sale. Advertisements shall contain a provision to\nthe effect that the authority, in its discretion, may reject any or all\nbids made pursuant to such advertisements, and in the event of such\nrejection, the authority is authorized to negotiate a private or public\nsale or readvertise for bids in the form and manner above described as\nmany times as, in its judgment, may be necessary to effect satisfactory\nsale.\n  (c) Notwithstanding the provisions of paragraph (b) of this\nsubdivision, whenever in the judgment of the authority the interests of\nthe authority will be served thereby, the members of the authority, on\nthe written recommendation of the chairperson may authorize the sale of\nsuch bonds at private or public sale on a negotiated basis or on either\na competitive or negotiated basis. The authority shall set guidelines\ngoverning the terms and conditions of any such private or public sales.\nThe private or public bond sale guidelines set by the authority shall\ninclude, but not be limited to, a requirement that where the interests\nof the authority will be served by a private or public sale of bonds,\nthe authority shall select underwriters taking into account, among other\nthings, qualifications of underwriters as to experience, their ability\nto structure and sell authority bond issues, anticipated costs to the\nauthority, the prior experience of the authority with the firm, if any,\nthe capitalization of such firms, participation of qualified minority\nand women-owned business enterprise firms in such private or public\nsales of bonds of the authority and the experience and ability of firms\nunder consideration to work with minority and women-owned business\nenterprises so as to promote and assist participation by such\nenterprises.\n  (d) The authority shall have the power from time to time to amend such\nprivate bond sale guidelines in accordance with the provisions of this\nsubdivision.\n  (e) No private or public bond sale on a negotiated basis shall be\nconducted by the authority without prior approval of the state\ncomptroller. The authority shall annually prepare and approve a bond\nsale report which shall include the private or public bond sale\nguidelines as specified in this subdivision, amendments to such\nguidelines since the last private or public bond sale report, an\nexplanation of the bond sale guidelines and amendments, and the results\nof any sale of bonds conducted during the fiscal year. Such bond sale\nreport may be a part of any other annual report that the authority is\nrequired to make.\n  (f) The authority shall annually submit its bond sale report to the\ndirector of the budget, state comptroller and copies thereof to the\nsenate finance committee and the assembly ways and means committee.\n  (g) The authority shall make available to the public copies of its\nbond sale report upon reasonable request thereof.\n  (h) Nothing contained in this subdivision shall be deemed to alter,\naffect the validity of, modify the terms of, or impair any contract or\nagreement made or entered into in violation of, or without compliance\nwith, the provisions of this subdivision.\n  4. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the authority may contain provisions which may be a part of the\ncontract with the holders of the bonds thereby authorized as to:\n  (a) Pledging all or part of the revenues, together with any other\nmonies or property of the authority to secure the payment of the bonds,\nor any costs of issuance thereof, including but not limited to, any\ncontracts, earnings or proceeds of any grant to the authority received\nfrom any private or public source subject to such agreements with\nbondholders as may then exist;\n  (b) The setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) Limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) The rates, rents, fees and other charges to be fixed and collected\nby the authority and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (e) Limitations on the right of the authority to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) Limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) The procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto, and the manner in which such\nconsent may be given;\n  (h) The creation of special funds into which any revenues or monies\nmay be deposited;\n  (i) The terms and provisions of any trust, mortgage, deed or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) Vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to this title or limiting the rights, duties and\npowers of such trustee;\n  (k) Defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right appointment\nof a receiver, provided, however, that such acts or omissions to act\nwhich may constitute a default and such rights and remedies shall not be\ninconsistent with the general laws of the state and other provisions of\nthis title;\n  (l) Limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof or other property;\n  (m) Limitations on the amount of revenues and other monies to be\nexpended or operating, administrative or other expenses of the\nauthority;\n  (n) The payment of the proceeds of bonds, revenues and other monies to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) Any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of the bondholders.\n  5. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have the power in connection with\nthe issuance of bonds to adopt resolutions and enter into such trust\nindentures, agreements or other instruments as the authority may deem\nnecessary, convenient or desirable concerning the use or disposition of\nits revenues or other monies or property, including the mortgaging of\nany property and the entrusting, pledging or creation of any other\nsecurity interest in any such revenues, monies or property and the doing\nof any act, including refraining from doing any act which the authority\nwould have the right to do in the absence of such resolutions, trust\nindentures, agreements or other instruments. The authority shall have\npower to enter into amendments of any such resolutions, trust\nindentures, agreements or other instruments within the powers granted to\nthe authority by this title and to perform such resolutions, trust\nindentures, agreements or other instruments. The provisions of any such\nresolutions, trust indentures, agreements or other instruments may be\nmade a part of the contract with the holders of bonds of the authority.\n  6. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmonies, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  7. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all the purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  8. Neither the members nor the officers of the authority nor any\nperson executing its bonds shall be liable personally on its bonds or be\nsubject to any personal liability or accountability by reason of the\nissuance thereof.\n  9. Subject to such agreements with bondholders as may then exist, the\nauthority shall have power out of any funds available therefor to\npurchase bonds of the authority, in lieu of redemption, at a price not\nexceeding, if the bonds are then redeemable, the redemption price then\napplicable plus accrued interest to the next interest payment date, or,\nif the bonds are not then redeemable, the redemption price applicable on\nthe first date after such purchase upon which the bonds become subject\nto redemption plus accrued interest to the next interest payment date.\nBonds so purchased shall thereupon be canceled.\n  10. The authority shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and in accordance with section\n21.00 of the local finance law, as amended from time to time.\n
N.Y. PBA Law § 2676-N — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-N
Agreement with county
Status: in_force

§ 2676-n. Agreement with county. The county is authorized to pledge to\nand agree with the holders of any bonds issued by the authority pursuant\nto this title and with those persons or public corporations who may\nenter into contracts with the authority pursuant to the provisions of\nthis title that the county will not alter, limit or impair the rights\nhereby vested in the authority to purchase, construct, own and operate,\nmaintain, repair, improve, reconstruct, renovate, rehabilitate, enlarge,\nincrease and extend, or dispose of any project, or any part or parts\nthereof, for which bonds of the authority shall have been issued, to\nestablish and collect rates, rents, fees and other charges referred to\nin this title, to fulfill the terms of any agreements made with the\nholders of the bonds or with any public corporation or person with\nreference to such project or part thereof, or in any way impair the\nrights and remedies of the holders of bonds, until the bonds, together\nwith interest thereon, including interest on any unpaid installments of\ninterest, and all cost and expenses in connection with any action or\nproceeding by or on behalf of the holders of bonds, are fully met and\ndischarged and such contracts are fully performed on the part of the\nauthority.\n
N.Y. PBA Law § 2676-X — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-X
Effect of inconsistent provisions
Status: in_force

§ 2676-x. Effect of inconsistent provisions. In so far as the\nprovisions of this title are inconsistent with the provisions of any\nother act, general or special, or of the county charter or any local\nlaw, charter, ordinance or resolution of the county or another\nmunicipality, the provisions of this title shall be controlling. Nothing\ncontained in this section shall be held to supplement or otherwise\nexpand the powers or duties of the authority otherwise set forth in this\ntitle. Except as specifically provided for in this title, in the\nperformance of any of its functions, powers and duties, the authority\nshall be subject to all applicable general or special laws of the state,\nthe county charter, and any local law, ordinance or resolution of the\ncounty.\n
N.Y. PBA Law § 2642-E — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-E
General powers of the authority
Status: in_force

§ 2642-e. 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;\n  4. To invest any funds held in reserve or sinking funds, or any monies\nnot required for immediate use or disbursement, at the discretion of the\nauthority, in obligations in which the state comptroller may invest\npursuant to section ninety-eight or ninety-eight-a of the state finance\nlaw;\n  5. To make and alter by-laws for its organization and internal\nmanagement, and rules and regulations governing the exercise of its\npowers and the fulfillment of its purposes under this title;\n  6. To enter into contracts and leases and to execute all instruments\nnecessary or convenient;\n  7. To acquire, hold and dispose of real or personal property in the\nexercise of its powers for its corporate purposes;\n  8. The authority may, whenever it shall determine that it is not in\nconflict with the interests or purposes of the authority, rent, lease or\ngrant easements or other rights in, any land or property of the\nauthority, including the granting of municipal utility easements;\n  9. To appoint such officers and employees as it may require for the\nperformance of its duties, and to fix and determine their\nqualifications, duties, and compensation and to retain or employ\ncounsel, auditors, engineers and private consultants on a contract basis\nor otherwise for rendering professional or technical services and\nadvice; such counsel, auditors, engineers, and private consultants,\nofficers and employees may not be a member of the authority;\n  10. To make plans, surveys, and studies necessary, convenient or\ndesirable to the effectuation of the purposes and powers of the\nauthority and to prepare recommendations in regard thereto;\n  11. To contract for and accept any gifts or grants, subsidies or loans\nof funds or property or financial or other aid in any form from the\nfederal or state government or Commonwealth government or any agency or\ninstrumentality thereof, or from any other source, public or private,\nand to comply, subject to the provisions of this title, with the terms\nand conditions thereof;\n  12. To designate the depositories of its money;\n  13. To establish its fiscal year; and\n  14. To do all things necessary or convenient or desirable to carry out\nits purposes and exercise the powers expressly given in this title.\n
N.Y. PBA Law § 2665 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2665
Bonds or notes of the authority
Status: in_force

§ 2665. Bonds or notes of the authority. 1. The authority shall have\nthe power and is hereby authorized from time to time to issue bonds,\nnotes or other obligations in conformity with applicable provisions of\nthe uniform commercial code to pay the cost of any project, the\nestablishment of reserves to secure the bonds, the payment of principal\nof, premium, if any, and interest on the bonds and the payment of\nincidental expenses in connection therewith. The aggregate principal\namount of such bonds or notes of the authority shall not exceed one\nhundred million dollars ($100,000,000), excluding bonds or notes issued\nto refund or repay bonds or notes therefore issued for such purposes;\nprovided, however, that upon any such refunding or repayment the total\naggregate principal amount of outstanding bonds or notes may be greater\nthan one hundred million dollars ($100,000,000), only if the present\nvalue of the aggregate debt service of the refunding or repayment of\nbonds or notes to be issued shall not exceed the present value of the\naggregate debt service of the bonds or notes so to be refunded or\nrepaid. For the purpose of this section, the present value of the\naggregate debt service of the refunding or repayment bonds or notes and\nthe aggregate debt service of the bonds or notes refunded or repaid\nshall be calculated by utilizing the effective interest rate of the\nrefunding or repayment of bonds or notes, which shall be that rate\narrived at by doubling the semi-annual interest rate (compounded\nsemi-annually) necessary to discount the debt service payments on the\nrefunding or repayment of bonds or notes from payment of dates thereof\nto the date of issue of the refunding or repayment of bonds or notes and\nto the price bid including estimated accrued interest from the sale\nthereof. The authority shall have the power and is hereby authorized to\nenter into such agreements and perform such acts as may be required\nunder any applicable federal legislation to secure a federal guarantee\nto any bonds.\n  2. The authority shall have the power from time to time to renew bonds\nor to issue renewal bonds for such purpose, to issue bonds to pay bonds,\nand, whenever it deems refunding expedient, to refund any bond by the\nissuance of new bonds, whether the bonds to be refunded have or have not\nmatured, and may issue bonds, partly to refund bonds then outstanding\nand partly for any other purpose of the authority. Bonds issued for\nrefunding purposes shall be sold and the proceeds applied to the\npurchase, redemption or payment of the bonds or notes to be refunded.\n  3. Bonds issued by the authority may be general obligations secured by\nthe faith and credit of the authority or may be special obligations\npayable solely out of particular revenues or other monies as may be\ndesignated in the proceedings of the authority under which the bonds\nshall be authorized to be issued, subject as to priority only to any\nagreements with the holders of outstanding bonds pledging any particular\nproperty, revenues or monies. The authority may also enter into loan\nagreements, lines of credit and other security agreements and obtain for\nor on its behalf letters of credit, insurance, guarantees or other\ncredit enhancements to the extent now or hereafter available, in each\ncase for securing its bonds or to provide direct payment of any costs\nwhich the authority is authorized to pay.\n  4. (a) Bonds shall be authorized by resolution of the authority, be in\nsuch denominations and bear such date or dates and mature at such time\nor times, as such resolution may provide, provided that bonds and\nrenewals thereof shall mature within thirty years from the date of\noriginal issuance of any such bonds.\n  (b) Bonds shall be subject to such terms of redemption, bear interest\nat such rate or rates, be payable at such times, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in such medium of payment at such place or\nplaces, and be subject to such terms and conditions as such resolution\nmay provide. Notwithstanding any other provision of law, the bonds of\nthe authority issued pursuant to this section shall be sold to the\nbidder offering the lowest true interest cost, taking into consideration\nany premium or discount not less than four nor more than fifteen days,\nSunday excepted, after a notice of such sale has been published at least\nonce in a newspaper of general circulation in the area served by the\nauthority, which shall state the terms of the sale. The terms of the\nsale may not change unless notice of such change is published in such\nnewspaper at least one day prior to the date of the sale as set forth in\nthe original notice of sale. Advertisements shall contain a provision to\nthe effect that the authority, in its discretion, may reject any or all\nbids made pursuant to such advertisements, and in the event of such\nrejection, the authority is authorized to negotiate a private or public\nsale or readvertise for bids in the form and manner above described as\nmany times as, in its judgment, may be necessary to effect satisfactory\nsale.\n  (c) Notwithstanding the provisions of the preceding paragraph,\nwhenever in the judgment of the authority the interests of the authority\nwill be served thereby, the members of the authority, on the written\nrecommendation of the chairperson may authorize the sale of such bonds\nat private or public sale on a negotiated basis or on either a\ncompetitive or negotiated basis. The authority shall set guidelines\ngoverning the terms and conditions of any such private or public sales.\nThe private or public bond sale guidelines set by the authority shall\ninclude, but not be limited to, a requirement that where the interests\nof the authority will be served by a private or public sale of bonds,\nthe authority shall select underwriters taking into account, among other\nthings, qualifications of underwriters as to experience, their ability\nto structure and sell authority bond issues, anticipated costs to the\nauthority, the prior experience of the authority with the firm, if any,\nthe capitalization of such firms, participation of qualified minority\nand women-owned business enterprise firms in such private or public\nsales of bonds of the authority and the experience and ability of firms\nunder consideration to work with minority and women-owned business\nenterprises so as to promote and assist participation by such\nenterprises.\n  (d) The authority shall have the power from time to time to amend such\nprivate bond sale guidelines in accordance with the provisions of this\nsubdivision.\n  (e) No private or public bond sale on a negotiated basis shall be\nconducted by the authority without prior approval of the state\ncomptroller. The authority shall annually prepare and approve a bond\nsale report which shall include the private or public bond sale\nguidelines as specified in this subdivision, amendments to such\nguidelines since the last private or public bond sale report, an\nexplanation of the bond sale guidelines and amendments, and the results\nof any sale of bonds conducted during the fiscal year. Such bond sale\nreport may be a part of any other annual report that the authority is\nrequired to make.\n  (f) The authority shall annually submit its bond sale report to the\nstate comptroller and copies thereof to the senate finance committee and\nthe assembly ways and means committee.\n  (g) The authority shall make available to the public copies of its\nbond sale report upon reasonable request thereof.\n  (h) Nothing contained in this subdivision shall be deemed to alter,\naffect the validity of, modify the terms of, or impair any contract or\nagreement made or entered into in violation of, or without compliance\nwith, the provisions of this subdivision.\n  5. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the authority may contain provisions which may be a part of the\ncontract with the holders of the bonds thereby authorized as to:\n  (a) Pledging all or part of the revenues, together with any other\nmonies or property of the authority to secure the payment of the bonds,\nor any costs of issuance thereof, including but not limited to, any\ncontracts, earnings or proceeds of any grant to the authority received\nfrom any private or public source subject to such agreements with\nbondholders as may then exist;\n  (b) The setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) Limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) The rates, rents, fees and other charges to be fixed and collected\nby the authority and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (e) Limitations on the right of the authority to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) Limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) The procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto, and the manner in which such\nconsent may be given;\n  (h) The creation of special funds into which any revenues or monies\nmay be deposited;\n  (i) The terms and provisions of any trust, mortgage, deed or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) Vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to this title or limiting the rights, duties and\npowers of such trustee;\n  (k) Defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right appointment\nof a receiver, provided, however, that such acts or omissions to act\nwhich may constitute a default and such rights and remedies shall not be\ninconsistent with the general laws of the state and other provisions of\nthis title;\n  (l) Limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof or other property;\n  (m) Limitations on the amount of revenues and other monies to be\nexpended or operating, administrative or other expenses of the\nauthority;\n  (n) The payment of the proceeds of bonds, revenues and other monies to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) Any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of the bondholders.\n  6. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have the power in connection with\nthe issuance of bonds to adopt resolutions and enter into such trust\nindentures, agreements or other instruments as the authority may deem\nnecessary, convenient or desirable concerning the use or disposition of\nits revenues or other monies or property, including the mortgaging of\nany property and the entrusting, pledging or creation of any other\nsecurity interest in any such revenues, monies or property and the doing\nof any act, including refraining from doing any act which the authority\nwould have the right to do in the absence of such resolutions, trust\nindentures, agreements or other instruments. The authority shall have\npower to enter into amendments of any such resolutions, trust\nindentures, agreements or other instruments within the powers granted to\nthe authority by this title and to perform such resolutions, trust\nindentures, agreements or other instruments. The provisions of any such\nresolutions, trust indentures, agreements or other instruments may be\nmade a part of the contract with the holders of bonds of the authority.\n  7. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmonies, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  8. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all the purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  9. Neither the members nor the officers of the authority nor any\nperson executing its bonds shall be liable personally on its bonds or be\nsubject to any personal liability or accountability by reason of the\nissuance thereof.\n  10. Subject to such agreements with bondholders as may then exist, the\nauthority shall have power out of any funds available therefor to\npurchase bonds of the authority, in lieu of redemption, at a price not\nexceeding, if the bonds are then redeemable, the redemption price then\napplicable plus accrued interest to the next interest payment date, or,\nif the bonds are not then redeemable, the redemption price applicable on\nthe first date after such purchase upon which the bonds become subject\nto redemption plus accrued interest to the next interest payment date.\nBonds so purchased shall thereupon be canceled.\n  11. The authority shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and in accordance with section\n21.00 of the local finance law, as amended from time to time.\n
N.Y. PBA Law § 2676-D — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-D
Advances on behalf of the authority; transfer of property to the authority; acquisition of property by county for the authority
Status: in_force

§ 2676-d. Advances on behalf of the authority; transfer of property to\nthe authority; acquisition of property by county for the authority. 1.\nIn addition to any powers granted to it by law, the county may, from\ntime to time, appropriate by resolution sums of money to defray project\ncosts or any other costs and expenses of the authority including\noperating expenses. Subject to the rights of bond holders, the county\nmay determine if the monies so appropriated shall be subject to\nrepayment by the authority to the county and, in such event, the manner\nand time or times for such repayment.\n  2. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, any public corporation\nmay, by a majority vote of its governing body and the approval of its\nchief executive officer, give, grant, sell, convey, loan, license the\nuse of, or lease to the authority any property or facilities, including\nthe college of Saint Rose facilities, which are useful in connection\nwith the exercise by the authority of its powers under this title. Any\nsuch gift, grant, sale, conveyance, loan, license, or lease shall be\nupon such terms and conditions, and for such term or terms of years,\nsubject to the rights of the holders of any bonds, as the authority and\nsuch public corporation may agree. Any such gift, grant, sale,\nconveyance, lease, loan, or license shall not be subject to referendum,\npermissive or mandatory. In the event that any public corporation gives,\ngrants, sells, conveys, loans, licenses, or leases any of the college of\nSaint Rose facilities to the authority, such public corporation may\ncontract with the authority to lease, borrow, license, operate,\nmaintain, manage, and provide services for such facilities upon such\nterms and conditions and for such term or terms of years, subject to the\nrights of holders of bonds, as the authority and such public corporation\nmay agree. The authority, in furtherance of any purchase, conveyance, or\nlease of any property or facility from any public corporation, may\nassume the primary responsibility for the payment of the principal and\ninterest on any bonds or notes issued by such public corporation for\nsuch property or facility. For purposes of section 136.00 of the local\nfinance law, any agreement by the authority to assume the primary\nresponsibility for the payment of the principal and interest on any\nbonds or notes issued by any such public corporation shall, so long as\nsuch agreement shall continue to be honored by the authority, cause such\nbonds or notes to be deemed to have been refunded and any such public\ncorporation may deduct from its gross indebtedness any outstanding\nindebtedness contracted for such property or facility to be acquired by\nthe authority.\n  3. The county may acquire by purchase, grant, lease, gift, or\ncondemnation pursuant to the eminent domain procedure law, real property\nin the name of the county for any corporate purpose of the authority.\n  4. Notwithstanding the provisions of any other law, general, special,\nor local, real property acquired by the authority or the county from the\nstate may be used for any corporate purpose of the authority provided,\nhowever, no non-hazardous solid waste, toxic, or hazardous waste site,\ncenter, consolidated collection, or transfer area, shall be located or\nmaintained at the college of Saint Rose facilities or lands adjacent\nthereto that are used in support of the college of Saint Rose operations\nas contained in any layout plan in existence upon the effective date of\nthis title or in the future.\n
N.Y. PBA Law § 2675-I — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-I
Monies of the authority
Status: in_force

§ 2675-i. Monies of the authority. 1. All monies of the authority from\nwhatever source derived, except as otherwise authorized or provided in\nthis title, shall be paid to the authority and shall be deposited\nforthwith in a bank or banks in the state designated by the authority.\nThe monies in such accounts shall be withdrawn on the order of such\nperson or persons as the authority may authorize. All deposits of such\nmonies shall, if required by the authority, be secured in such manner as\nthe authority may determine. The comptroller and his legally authorized\nrepresentatives are authorized and empowered from time to time to\nexamine the accounts and books of the authority, including its receipts,\ndisbursements, contracts, leases, sinking funds, investments and any\nother records and papers relating to its financial standing. Such\nexamination shall be conducted by the comptroller at least once in every\nfive years; the comptroller is authorized, however, to accept from the\nauthority, in lieu of such an examination, an external examination of\nits books and accounts made at the request of the authority. The results\nof any such examinations shall be reported to the governor, the\nchairperson of the senate finance committee, the chairperson of the\nassembly ways and means committee, the mayor and the county executive.\n  2. Notwithstanding any other provisions of this title related to the\ninvestments of monies of the authority, the authority shall have power\nto contract with holders of any of its bonds, as to the custody,\ncollection, securing, investment, and payment of monies of the\nauthority, of any monies held in trust or otherwise for the payment of\nbonds, and to carry out such contract. Monies held in trust or otherwise\nfor the payment of bonds or in any way to secure bonds and deposits of\nsuch monies may be secured in such manner as shall be set forth in such\ncontract or agreement, and all banks and trust companies are authorized\nto give such security for such deposits. The authority shall establish\nand may amend from time to time, guidelines for the investment of its\nmonies, including those held in trust for the benefit of the holders of\nbonds, and shall file such guidelines in the authority's public records\nwithin sixty days after the adoption of such guidelines or amendments\nthereto.\n  3. The authority shall submit to the comptroller, within thirty days\nof the receipt thereof by the authority, a copy of the report of every\nexternal examination of the books and accounts of the authority.\n
N.Y. PBA Law § 2676-R — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-R
Code of ethics
Status: in_force

§ 2676-r. Code of ethics. 1. Definition. As used in this section the\nterm "authority employee" shall mean any member, officer, or employee of\nthe authority.\n  2. Rule with respect to conflicts of interest. No authority employee\nshould have any interest, financial or otherwise, direct or indirect, or\nengage in any business or transaction or professional activity, or incur\nany obligation of any nature, which is in substantial conflict with the\nproper discharge of such authority employee's duties in the public\ninterest.\n  3. Standards. (a) No authority employee shall accept other employment\nwhich will impair such authority employee's independence of judgment in\nthe exercise of such authority employee's official duties.\n  (b) No authority employee shall accept employment or engage in any\nbusiness or professional activity which will require such authority\nemployee to disclose confidential information which such authority\nemployee has gained by reason of such authority employee's official\nposition or authority.\n  (c) No authority employee shall disclose confidential information\nacquired by such authority employee in the course of such authority\nemployee's official duties nor use such information to further such\nauthority employee's personal interests.\n  (d) No authority employee shall use or attempt to use such authority\nemployee's official position to secure unwarranted privileges or\nexemptions for such authority employee 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 such authority employee has a direct or indirect financial\ninterest that might reasonably tend to conflict with the proper\ndischarge of such authority employee's official duties.\n  (f) An authority employee shall not by such authority employee's\nconduct give reasonable basis for the impression that any person can\nimproperly influence such authority employee or unduly enjoy such\nauthority employee's favor in the performance of such authority\nemployee's official duties, or that such authority employee 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 such authority employee has reason to\nbelieve may be directly involved in decisions to be made by such\nauthority employee or which will otherwise create substantial conflict\nbetween such authority employee's duty in the public interest and such\nauthority employee's private interest.\n  (h) An authority employee shall endeavor to pursue a course of conduct\nwhich will not raise suspicion among the public that such authority\nemployee is likely to be engaged in acts that are in violation of such\nauthority employee's trust.\n  (i) No authority employee employed on a full-time basis nor any firm\nor association of which such authority employee is a member nor\ncorporation a substantial portion of the stock of which is owned or\ncontrolled directly or indirectly by such authority employee, should\nsell goods or services to any person, firm, corporation or association\nwhich is licensed or whose rates are fixed by the authority in which\nsuch authority employee serves or is employed.\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,\nsuch authority employee shall file with the secretary of state a written\nstatement that such authority employee has such a financial interest in\nsuch activity which statement shall be open to public inspection.\n  4. Violations. In addition to any penalty contained in any other\nprovision of law any such authority employee who shall knowingly and\nintentionally violate any of the provisions of this section may be\nfined, suspended, or removed from office or employment.\n
N.Y. PBA Law § 2655-D — New York Code / Act PBA / Article 8 / Title 28-B / Section 2655-D
Reports of the authority
Status: in_force

§ 2655-d. Reports of the authority.  1. In addition to any other\nreport required by this title, the authority, through its chairman,\nshall annually deliver, in oral and written form, a report to the county\nlegislature. Such report shall be presented by March fifteenth of each\nyear to the county legislature's standing committee on economic\ndevelopment. The report shall describe in detail the projects undertaken\nby the authority during the past year, the monies expended by the\nauthority during the past year, the administrative activities of the\nauthority during the past year, and the authority's compliance with the\nprovisions of subdivision three of section twenty-six hundred fifty-six\nof this title. At the conclusion of the report, the chairman of the\nauthority board shall be prepared to answer the questions of the county\nlegislators with respect to the projects undertaken by the authority\nduring the past year, the monies expended by the authority during the\npast year, and the administrative activities of the authority during the\npast year.\n  2. In addition to any other report required by this title, each board\nmember appointed upon the recommendation of a municipality other than\nthe county, shall annually deliver, in oral and written form, a report\nto the municipality from which such board member was appointed. In the\ncase of the city of Schenectady, both members so appointed shall jointly\ndeliver such report. Such report shall be presented at a meeting as\ndesignated by the municipality's town board or city council. The report\nshall describe in detail the projects undertaken by the authority during\nthe past year, the monies expended by the authority during the past\nyear, and the administrative activities of the authority during the past\nyear. At the conclusion of the report, the board member or members shall\nbe prepared to answer the questions of the supervisor, mayor, town board\nand/or city council with respect to the projects undertaken by the\nauthority during the past year, the monies expended by the authority\nduring the past year, and the administrative activities of the authority\nduring the past year, or any other activities of the authority which\nhave been conducted or which may be proposed for performance with the\nmunicipality.\n
N.Y. PBA Law § 2676-C — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-C
Albany county pine hills land authority
Status: in_force

§ 2676-c. Albany county pine hills land authority. 1. There is hereby\ncreated the Albany county pine hills land authority. The authority shall\nbe a body corporate and politic constituting a public benefit\ncorporation. The authority shall consist of seven members who shall be\nresidents of the county of Albany. Such members shall be appointed in\nthe following manner: four shall be appointed by the county executive,\ntwo shall be appointed by the chairperson of the county legislature, and\none shall be appointed by the mayor of the city of Albany. Of the\nmembers of the authority initially appointed by the county executive,\ntwo shall serve for a term ending December thirty-first, two thousand\ntwenty-eight and two shall serve for a term ending December\nthirty-first, two thousand twenty-nine. Of the members of the authority\ninitially appointed by the chairperson of the county legislature, one\nshall serve for a term ending December thirty-first, two thousand\ntwenty-eight and one shall serve for a term ending December\nthirty-first, two thousand twenty-nine. The member of the authority\ninitially appointed by the mayor of the city of Albany shall serve for a\nterm ending December thirty-first, two thousand twenty-eight.\nThereafter, each member of the authority shall serve a term of four\nyears. The members of the authority, once appointed, shall designate one\nof the seven members of the authority to serve as the chairperson of the\nauthority. The authority may provide for such officers as may be\ndetermined necessary and the same need not be members of the authority.\n  2. All members of the authority shall continue to hold office until\ntheir successors are appointed and qualify. Except as otherwise provided\nin subdivision three of this section, vacancies of members of the\nauthority shall be filled in the manner provided for original\nappointment. Such vacancies, occurring otherwise than by expiration of\nterm of office, shall be filled for the unexpired terms. Members of the\nauthority may be removed from office for the same reasons and in the\nsame manner as may be provided by law for the removal of officers of the\ncounty. The members of the authority shall receive no compensation for\ntheir services but shall be reimbursed for all their actual and\nnecessary expenses incurred in connection with the carrying out of the\npurposes of this title. The powers as set forth in the by-laws of the\nauthority shall be established and vested in and be exercised by the\nmembers of the authority at an initial meeting duly called and held and\nfour members of the authority shall constitute a quorum. No action shall\nbe taken at the initial meeting of the authority or any adjournment\nthereof except pursuant to the favorable vote of at least four members\nof the authority. Any amendment to the powers of the authority as set\nforth in the by-laws of the authority shall only become effective upon\nthe favorable vote of at least four members of the authority.\n  3. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member, or\nemployee of the state or of any public corporation shall forfeit such\nofficer's, member's, or employee's office or employment by reason of\nsuch officers', member's, or employee's acceptance of appointment as a\nmember, officer, or employee of the authority, nor shall service as such\nmember, officer, or employee be deemed incompatible or in conflict with\nsuch office, membership, or employment.\n  4. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution, or charter, no officer, member,\nelected official or employee of the county of Albany or the city of\nAlbany shall be eligible to serve as a member of the authority.\n  5. All members of the authority shall be required to comply with the\nAlbany county code of ethics and to complete all disclosure forms\nrequired by such code of ethics.\n  6. The authority and its corporate existence shall continue until\nterminated by law, provided, however, that no such termination shall\ntake effect so long as the authority shall have bonds or other\nobligations outstanding unless adequate provision has been made for the\npayment or satisfaction thereof. Upon termination of the existence of\nthe authority, all of the rights and properties of the authority then\nremaining shall pass to and vest in the county of Albany in such a\nmanner as prescribed by law.\n
N.Y. PBA Law § 2661 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2661
Request for municipal assistance
Status: in_force

§ 2661. Request for municipal assistance. 1. Notwithstanding the\nprovisions of any general or special law to the contrary, the county of\nSchenectady may transfer to the authority from funds appropriated by the\ncounty legislature for the fiscal year beginning nineteen hundred\nninety-eight, and each fiscal year thereafter, the amount the county\ndeems necessary to assist the authority in its successful operation and\nachievement of its lawful goals, powers and purposes.\n  2. On or before August fifteenth, nineteen hundred ninety-nine, and on\neach August fifteenth thereafter, the chairman of the authority shall\nmake and deliver to the chairman of the county legislature's ways and\nmeans committee for his approval and for submission to the county\nlegislature a request for financial support for the operation to the\nauthority for the forthcoming fiscal year of the county. The request for\nfinancial support shall delineate the total amount needed by the\nauthority from the county to achieve its lawful goals, powers and\npurposes, the source of all funds that the authority expects to receive\nfrom all other sources, and such other information as the chairman of\nthe county legislature's ways and means committee shall require. The\nchairman of the county legislature's ways and means committee may\nrecommend the request for financial support by the authority for the\nannual county budget appropriations to the authority if the chairman of\nthe county legislature's ways and means committee determines that the\nrequest for financial support will assist the authority to achieve its\nlawful goals, powers and purposes for the upcoming year. The chairman of\nthe county legislature's ways and means committee shall notify the\nchairman of the authority not later than October first of each year\nwhether or not he has recommended to the county legislature the request\nfor financial support to the authority.\n  3. The county may appropriate and provide to the authority an amount\nof money it deems necessary to provide the authority to assist it in its\nsuccessful operation and achievement of its lawful goals, powers and\npurposes.\n  4. Notwithstanding the provisions of any general or special law to the\ncontrary, no part of such county appropriations shall be available for\nthe purposes designated until a certificate of approval of availability\nshall have been issued by the chairman of the county legislature's ways\nand means committee and a copy of such certificate is filed with the\ncounty director of finance. Such certificate may be amended from time to\ntime, subject to the approval of the chairman of the county\nlegislature's ways and means committee, and a copy of each such\namendment shall be filed with the county director of finance.\n  5. Notwithstanding the provisions of any general or special law to the\ncontrary, a town, city or village of Schenectady county may transfer to\nthe authority from funds appropriated by the town, city or village for\nthe fiscal year beginning nineteen hundred ninety-eight, and each fiscal\nyear thereafter, the amount the town, city or village deems necessary to\nassist the authority in its successful operation and achievement of its\nlawful goals, powers and purposes.\n  6. On or before August fifteenth, nineteen hundred ninety-nine, and on\neach August fifteenth thereafter, the chairman of the authority shall\nmake and deliver to the supervisor or mayor of such town, city or\nvillage for his approval and for submission to the town board, city\ncouncil or village board a request for financial support for the\noperation of the authority for the forthcoming fiscal year of the town,\ncity or village. The request for financial support shall delineate the\ntotal amount needed by the authority from the town, city or village to\nachieve its lawful goals, powers and purposes, the source of all funds\nthat the authority expects to receive from all other sources, and such\nother information as the supervisor or mayor shall require. The\nsupervisor or mayor may recommend the request for financial support by\nthe authority for the annual town, city or village budget appropriations\nto the authority if the supervisor or mayor determines that the request\nfor financial support will assist the authority to achieve its lawful\ngoals, powers and purposes for the upcoming year. The supervisor or\nmayor shall notify the chairman of the authority not later than October\nfirst of each year whether or not he has recommenced to the town board,\ncity council or village board the request for financial support to the\nauthority.\n  7. A town, city or village of Schenectady county may appropriate and\nprovide to the authority an amount of money it deems necessary to\nprovide the authority to assist it in its successful operation and\nachievement of its lawful goals, powers and purposes.\n  8. Notwithstanding the provisions of any general or special law to the\ncontrary, no part of such town, city or village appropriations shall be\navailable for the purposes designated until a certificate of approval of\navailability shall have been issued by the supervisor or mayor of the\ntown, city or village and a copy of such certificate is filed with the\ntown, city or village's director of finance. Such certificate may be\namended from time to time, subject to the approval of the supervisor or\nmayor, and a copy of each such amendment shall be filed with the town,\ncity or village's director of finance.\n  9. The county of Schenectady shall dedicate net collections from sales\nand compensating use taxes imposed pursuant to the authority of section\ntwelve hundred ten-C of the tax law at the rate of one-half of one\npercent, during the period beginning September first, nineteen hundred\nninety-eight, and ending August thirty-first, two thousand thirty-eight,\nor, if the county does not impose taxes pursuant to the authority of\nsection twelve hundred ten-C of the tax law, the county shall dedicate\nnet collections from sales and compensating use taxes imposed during\nsuch period at the rate of one-half of one percent pursuant to the\nauthority of section twelve hundred ten of the tax law, and shall\nquarterly deposit such net collections in the Schenectady metroplex\ndevelopment authority support fund established in accordance with\nsubdivision (b) of section twelve hundred ten-C of the tax law. On\nJanuary first, nineteen hundred ninety-nine, and then quarterly\nthereafter, the director of finance of Schenectady county shall transfer\nseventy percent of such net collections deposited in the Schenectady\nmetroplex development authority support fund to the authority for\ndeposit in the authority's general fund. The authority may use such\nportion of such dedicated net collections received for any lawful\npurpose or power of the authority. On January first, nineteen hundred\nninety-nine, and then quarterly thereafter, the director of finance of\nSchenectady county, after transferring seventy percent of such net\ncollections to the authority for deposit in the authority's general\nfund, shall transfer all remaining monies in the Schenectady metroplex\ndevelopment authority support fund to the Schenectady county real\nproperty tax abatement and economic development fund.\n
N.Y. PBA Law § 2623 — New York Code / Act PBA / Article 8 / Title 28 / Section 2623
Limitation of liability
Status: in_force

§ 2623. Limitation of liability. 1. Neither the members of the\nauthority, nor any person or persons acting in its behalf, while acting\nwithin the scope of their authority, shall be subject to any personal\nliability resulting from carrying out any of the powers of this title.\n  2. The provisions of section seventeen of the public officers law\nshall apply to members, officers, and employees and agents of the\nauthority in connection with any and all claims, demands, suits, actions\nor proceedings which may be made or brought against any of them arising\nout of any determination made or actions taken or omitted to be taken in\ncompliance with any obligations under or pursuant to the terms of this\ntitle.\n
N.Y. PBA Law § 2637 — New York Code / Act PBA / Article 8 / Title 28-A / Section 2637
Tax exemptions
Status: in_force

§ 2637. Tax exemptions. It is hereby determined that the creation of\nthe commission and the carrying out of its corporate purposes is in all\nrespects for the benefit of the people of the state and is a public\npurpose, and the commission shall be regarded as performing a\ngovernmental function in the exercise of the powers conferred upon it by\nthis title and shall be required to pay no taxes or assessments upon any\nof the property acquired by it or under its jurisdiction or control or\nsupervision or upon its activities.\n
N.Y. PBA Law § 2608 — New York Code / Act PBA / Article 8 / Title 28 / Section 2608
New York state olympic regional development authority
Status: in_force

§ 2608. New York state olympic regional development authority. 1. For\nthe purposes of effectuating the policy declared in section twenty-six\nhundred six of this title, there is hereby created the "New York state\nolympic regional development authority", referred to in this title as\n"the authority", which shall be a body corporate and politic\nconstituting a public benefit corporation. The authority shall consist\nof twelve members who shall be the commissioner of environmental\nconservation, the commissioner of economic development, the commissioner\nof parks, recreation and historic preservation and nine persons to be\nappointed by the governor, by and with the advice and consent of the\nsenate. Of the nine persons appointed by the governor, by and with the\nadvice and consent of the senate, one each shall be appointed upon the\nrecommendation of the temporary president of the senate and the speaker\nof the assembly. Three of the persons appointed by the governor, by and\nwith the advice and consent of the senate shall be appointed upon the\nrecommendation of the town board of the town of North Elba and shall be\nresidents of the park district. Two persons shall be appointed by the\ngovernor, by and with the advice and consent of the senate, one of whom\nshall reside in Ulster county and the other of whom shall reside in\nDelaware county. One of the persons appointed by the governor, by and\nwith the advice and consent of the senate, shall be a resident of Warren\ncounty. The governor shall appoint a chairperson, a vice-chairperson and\na second vice-chairperson from among any of the members of the authority\nand such chairperson, vice-chairperson and second vice-chairperson shall\nserve at the pleasure of the governor, provided, however, that the\nvice-chairperson shall be appointed on the recommendation of the town\nboard of North Elba; and the second vice-chairperson shall be appointed\nupon the recommendation of the town boards of the town of Shandaken in\nUlster county and the town of Middletown in Delaware county; and must be\na resident of Ulster or Delaware counties; with a majority vote of the\ncombined two town boards determining who shall be recommended to the\ngovernor for appointment of that position. From among any candidates\nrecommended by the chairman, the members shall appoint a president/chief\nexecutive officer of the authority.\n  The members first appointed by the governor shall be appointed within\nthirty days of the effective date of this title. The members appointed\nas a result of the enactment of the chapter of the laws of two thousand\ntwelve which amended this section, consisting of the eleventh and\ntwelfth board members, shall be appointed within ninety days of the\neffective date of such chapter. The first members appointed by the\ngovernor upon the recommendation of the temporary president of the\nsenate and the speaker of the assembly shall serve terms of three years\nrespectively from January first next succeeding their appointment. The\nremaining four members first appointed by the governor shall serve terms\nof one, two, four and five years respectively from January first next\nsucceeding their appointment. The fifth member appointed by the governor\nshall serve a term of two years from January first, next succeeding his\nor her appointment. Each appointment of a member following the\nexpiration of the original terms of the appointment shall be for a term\nof five years. The members appointed by the governor who are required to\nreside in either Delaware or Ulster counties shall be appointed for\nterms of four years. Members shall continue to hold office until their\nsuccessors have been appointed and qualified. In the event of a vacancy\noccurring during the term of a 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  2. The members of the authority shall not receive a salary or other\ncompensation for their services as members of the authority but each\nmember shall be allowed reimbursement for the necessary and actual\nexpenses which he or she shall incur in the performance of his or her\nduties under this title.\n  3. The president/chief executive officer shall serve at the pleasure\nof the members and shall be responsible for the discharge of the\nexecutive and administrative functions and exercise of any power or\nfunction of the authority.\n  4. Seven members of the authority shall constitute a quorum for the\ntransaction of any business or the exercise of any power or function of\nthe authority. The authority may delegate to one or more of its members,\nofficers, agents and employees, such powers and duties as it may deem\nproper. The commissioner of environmental conservation, the commissioner\nof economic development, the commissioner of parks and recreation and\nany other member of the authority who is a full time employee of the\nstate or who holds public office may designate one person from his\ndepartment or from the public corporation in which he holds a public\noffice to represent him at all meetings of the authority from which such\nmember may be absent. Any representative so designated shall have the\npower to attend and to vote at any meeting of the authority from which\nthe member so designating him is absent, with the same force and effect\nas if the member designating him were present and voting. Such\ndesignation shall be by written notice filed with the chairman of the\nauthority by the member making the designation and shall be for a term\nof one year or until such representative shall resign or shall no longer\nbe employed by the department of which such member making the\ndesignation is an employee or by the public corporation of which such\nmember making the designation holds a public office or until revoked by\nthe person making such designation. Such designation shall not limit the\npower of the member making the designation to attend and vote in person\nat any meeting of the authority.\n  5. The authority shall be a "state agency" for the purposes of\nsections seventy-three and seventy-four of the public officers law.\n  6. Notwithstanding any inconsistent provisions of this or any other\nlaw, general, special or local, no officer or employee of the state, as\ndefined in the public officers law, or of the park district shall be\ndeemed to have forfeited or shall forfeit his office of employment or\nany benefits provided under the retirement and social security law or\nunder any public retirement system maintained by the state or any of its\nsubdivisions by reason of his acceptance of membership on or\nchairmanship of the authority; provided, however, a member or chairman\nwho holds such other public office of employment shall receive no\nadditional compensation for services rendered pursuant to this title,\nbut shall be entitled to reimbursement for his actual and necessary\nexpenses incurred in the performance of such services.\n  7. The governor may remove any member of the authority for cause,\nother than the commissioner of environmental conservation, the\ncommissioner of economic development and the commissioner of parks and\nrecreation, after giving him a copy of the charges against him and an\nopportunity to be heard, in person or by counsel in his defense, upon\nnot less than ten days' notice. If any member shall be so removed, the\ngovernor shall file in the office of the department of state a complete\nstatement of charges made against such member, and his findings thereon,\ntogether with a complete record of the proceedings.\n  8. The principal office of the authority shall be located in the town\nof North Elba and the authority shall establish a second office at the\nBelleayre Mountain ski center.\n  9. Nothing shall preclude the use of meetings and votes by video\nconference or other conferencing which permits conferees to see the\nother members during board meetings through television or the internet.\n
N.Y. PBA Law § 2676-P — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-P
Actions against authority
Status: in_force

§ 2676-p. Actions against authority. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained 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\nof the authority or of any member, officer, agent, or employee thereof,\nunless (a) 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; (c) the action or special\nproceeding shall be commenced within one year and ninety days after the\nhappening of the event upon which the claim is based; and (d) an action\nagainst 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 may require any person presenting for settlement an\naccount or claim for any cause whatever against the authority to be\nsworn before a member, counsel, or an attorney, officer, or employee of\nthe authority designated for such purpose, concerning such account or\nclaim and, when so sworn, to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  4. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this title in which the\nauthority may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of the county.\n  5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section five thousand four of the civil practice law\nand rules. Interest on payments of principal or interest on any bonds in\ndefault shall accrue at the rate borne by such bonds from the due date\nthereof until paid or otherwise satisfied.\n
N.Y. ENV Law § 27-2805 — New York Code / Act ENV / Article 27 / Title 28 / Section 27-2805
Paper carryout bag reduction fee
Status: in_force

§ 27-2805. Paper carryout bag reduction fee.\n  1. (a) Notwithstanding any other provision of law to the contrary, any\ncity and any county, other than a county wholly within such a city,\nacting through its local legislative body, is hereby authorized and\nempowered to adopt and amend local laws, ordinances or resolutions\nimposing a paper carryout bag reduction fee within the territorial\nlimits of such city or county, to take effect on or after March first,\ntwo thousand twenty. Notwithstanding the foregoing, if a county and a\ncity wholly within such county both impose such fee, the fee imposed by\nsuch county shall not apply within the territorial limits of such city.\n  (b) Such paper carryout bag reduction fee, whether or not any tangible\npersonal property is sold therewith, shall be imposed at a rate of five\ncents on each paper carryout bag provided by a person required to\ncollect tax to a customer in this state; provided, however, that such\npaper carryout bag reduction fee shall not be imposed on paper carryout\nbags that are subject to a fee on the provision of such paper carryout\nbag pursuant to a local law or ordinance that was adopted prior to the\neffective date of this section. The paper carryout bag reduction fee\nmust be reflected and made payable on the sales slip, invoice, receipt,\nor other statement of the price rendered to the customer.\n  (c) Such paper carryout bag reduction fee shall not constitute a\nreceipt for the sale of tangible personal property subject to tax\npursuant to article twenty-eight and pursuant to the authority of\narticle twenty-nine of the tax law, and transfer of a bag to a customer\nby a person required to collect tax shall not constitute a retail sale.\n  (d) It shall be unlawful for a municipal corporation to adopt or amend\na local law, ordinance or resolution requiring the imposition of any fee\non the provision of a paper carryout bag except as expressly authorized\nby this section. Where a municipal corporation that adopted such a local\nlaw, ordinance or resolution prior to the effective date of this section\nis, or is located in, a county that has imposed a paper carryout bag\nreduction fee pursuant to this section, such municipal corporation shall\nbe prohibited from requiring the imposition of a fee on any provision of\npaper carryout bags that occurs more than one year after such county\npaper carryout bag reduction fee takes effect.\n  2. Any such local law, ordinance or resolution adopted pursuant to\nthis section shall state the amount of the paper carryout bag reduction\nfee and the date on which a person required to collect tax shall begin\nto add such paper carryout bag reduction fee to the sales slip, invoice,\nreceipt, or other statement of the price rendered to its customers. No\nsuch local law, ordinance or resolution shall be effective unless a\ncertified copy of such law, ordinance or resolution is mailed by\nregistered or certified mail to the commissioner of taxation and finance\nin accordance with the provisions of subdivisions (d) and (e) of section\ntwelve hundred ten of the tax law.\n  3. The paper carryout bag reduction fee imposed by this section shall\nnot apply to any customer using the supplemental nutritional assistance\nprogram, special supplemental nutrition program for women, infants and\nchildren, or any successor programs used as full or partial payment for\nthe items purchased.\n  4. The paper carryout bag reduction fee must be reported and paid to\nthe commissioner of taxation and finance on a quarterly basis on or\nbefore the twentieth day of the month following each quarterly period\nending on the last day of February, May, August and November,\nrespectively. The payments must be accompanied by a return in the form\nand containing the information the commissioner of taxation and finance\nmay prescribe.\n  5. Any sales slip, invoice, receipt, or other statement of price\nfurnished by a person required to collect tax to a customer shall\nseparately state the paper carryout bag reduction fee and shall state\nthe number of bags provided to the customer.\n  6. (a) Except as otherwise provided in this section, any paper\ncarryout bag reduction fee imposed under the authority of this section\nshall be administered and collected by the commissioner of taxation and\nfinance in a like manner as the taxes imposed by articles twenty-eight\nand twenty-nine of the tax law. All the provisions of articles\ntwenty-eight and twenty-nine of the tax law, including the provisions\nrelating to definitions, exemptions, returns, personal liability for the\ntax, collection of tax from the customer, payment of tax and the\nadministration of the taxes imposed by such article, shall apply to the\npaper carryout bag reduction fee imposed under the authority of this\nsection, with such modifications as may be necessary in order to adapt\nthe language of those provisions to the paper carryout bag reduction fee\nimposed under the authority of this section. Those provisions shall\napply with the same force and effect as if the language of those\nprovisions had been set forth in full in this section, except to the\nextent that any of those provisions is either inconsistent with a\nprovision of this section or is not relevant to the paper carryout bag\nreduction fee imposed under the authority of this section. For purposes\nof this section, any reference in this chapter to a tax or the taxes\nimposed by articles twenty-eight and twenty-nine of the tax law shall be\ndeemed also to refer to the paper carryout bag reduction fee imposed\nunder the authority of this section unless a different meaning is\nclearly required.\n  (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision:\n  (1) the exemptions provided for in section eleven hundred sixteen of\nthe tax law, other than the exemptions in paragraphs one, two and three\nof subdivision (a) of such section, shall not apply to the paper\ncarryout bag reduction fees imposed under the authority of this section;\n  (2) the credit provided in subdivision (f) of section eleven hundred\nthirty-seven of the tax law shall not apply to this section.\n  (c) Notwithstanding the provisions of paragraph (a) of this\nsubdivision or subdivision (a) of section eleven hundred forty-six of\nthe tax law, the commissioner of taxation and finance may, in his or her\ndiscretion, permit the commissioner or his or her authorized\nrepresentative to inspect any return related to the paper carryout bag\nreduction fee filed under this section, or may furnish to the\ncommissioner or his or her authorized representative any such return or\nsupply him or her with information concerning an item contained in any\nsuch return, or disclosed by any investigation of a liability under this\nsection.\n  7. All paper carryout bag reduction fee monies and any related\npenalties and interest remitted to the commissioner of taxation and\nfinance under this section, except as hereinafter provided, shall be\ndeposited daily with such responsible banks, banking houses, or trust\ncompanies as may be designated by the state comptroller. Of the revenues\ndeposited, the comptroller shall retain in the comptroller's hands such\namount as the commissioner of taxation and finance may determine to be\nnecessary for refunds or reimbursements of the fees collected or\nreceived pursuant to this section, out of which the comptroller shall\npay any refunds or reimbursements of such fees to which persons shall be\nentitled under the provisions of this section. The comptroller, after\nreserving such refund and reimbursement fund shall, on or before the\ntwelfth day of each month, pay to the appropriate fiscal officers of the\ncounties or cities imposing tax under subdivision one of this section an\namount equal to forty percent of the paper carryout bag reduction fee\nmonies and any related penalties and interest collected by the\ncommissioner of taxation and finance in respect of each such county or\ncity in the preceding calendar month to be used for the purpose of\npurchasing and distributing reusable bags, with priority given to low-\nand fixed-income communities.  Provided further that at the end of each\nfiscal year, any funds which have not been used for the purpose defined\nin this section shall be returned to the comptroller and be deposited\ninto the general fund to be used for the purpose of purchasing and\ndistributing reusable bags with priority given to low- and fixed-income\ncommunities. Any remaining amount of paper carryout bag reduction fee\nmonies and any related penalties and interest shall be deposited monthly\ninto the environmental protection fund established pursuant to section\nninety-two-s of the state finance law.\n
N.Y. PBA Law § 2676-B — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-B
Definitions
Status: in_force

§ 2676-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" shall mean the Albany county pine hills land authority\ncreated by this title.\n  2. "City" shall mean the city of Albany.\n  3. "The college of Saint Rose facilities" shall mean any facility or\nland including but not limited to any athletic facility, educational\nfacility, performing arts facility, or residential facility owned or\noperated by the college of Saint Rose, and shall include such other\nfacilities, equipment, property, structures and appurtenances as may be\nnecessary or convenient in the operation, maintenance, development or\nimprovement of, leased by the authority to persons, engaged in the\nproduction or development of the facilities or land.\n  4. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title and the\nprovisions of this title relating to bonds and bond holders which shall\napply with equal force and effect to notes and note holders unless the\ncontext otherwise clearly requires.\n  5. "Construction" shall mean the acquisition, erection, building,\nalteration, repair, improvement, increase, enlargement, extension,\ninstallation, reconstruction, renovation or rehabilitation of a project\nincluding any appurtenances thereto which may be necessary or desirable\nto promote the efficiency or effectiveness of such project; the\ninspection and supervision thereof; and the engineering, consulting,\narchitectural, legal, fiscal and economic and environmental\ninvestigations and studies, surveys, designs, plans, working drawings,\nspecifications, procedures and other actions incidental thereto and\nclaims arising therefrom.\n  6. "Cost", as applied to any project, shall include the cost of the\nacquisition of all property both real and personal, improved and\nunimproved, the cost of demolishing, removing or relocating any\nbuildings or structures on lands so acquired, including the cost of\nrelocating tenants or other occupants of the buildings or structures on\nsuch land and the cost of acquiring any lands to which such buildings or\nstructures may be moved or relocated, the cost of all systems,\nfacilities, machinery, apparatus and equipment, financing charges,\ninterest prior to, during and after construction to the extent not paid\nor provided for from revenues or other sources, the cost of\nconstruction, the cost of engineering and architectural surveys, plans\nand specifications, the cost of consultants and legal services, the cost\nof lease, guarantees, credit enhancement or bond insurance, other\nexpenses necessary or incidental to the construction of such project,\nand the financing of the construction thereof, including the amount\nauthorized in the resolution of the authority providing for the issuance\nof bonds to be paid into any reserve or other special fund from the\nproceeds of such bonds and the financing of the placing of any project\nin operation, including reimbursement, to any public corporation, the\nstate, the federal government, or any other person for expenditures,\nthat would be costs of such project had they been made directly by the\nauthority.\n  7. "County" shall mean the county of Albany.\n  8. "Facility" shall include, but not be limited to, properties,\nstructures, appurtenances, utilities, and such other works.\n  9. "Federal government" shall mean the United States of America, and\nany department, board, commission, bureau, division, corporation,\nagency, or instrumentality thereof.\n  10. "Joint service arrangements" shall mean agreements between or\namong the authority and any person, the state, the county, any other\npublic corporation including the advance Albany county alliance, the\nfederal government, any other state or agency or instrumentality\nthereof, relating to property, buildings, structures, facilities,\nservices, rates, classification, divisions, allowances or charges, or\nrules or regulations pertaining thereto.\n  11. "Minority and women-owned business enterprise" or "minority or\nwomen-owned business enterprise" shall mean a minority-owned business\nenterprise and/or a women-owned business enterprise, as such terms are\ndefined by section three hundred ten of the executive law.\n  12. "Municipality" shall mean a county, city, town, village, or school\ndistrict.\n  13. "Person" shall mean any natural person, firm, partnership\nassociation, joint venture, or corporation, exclusive of a public\ncorporation.\n  14. "Personal property" shall mean chattels and other tangible things\nof a moveable or removable nature.\n  15. "Property" shall mean both real and/or personal property.\n  16. "Project" shall mean any property or improvements located within\nthe state of New York and within or outside or partially outside the\ncounty of Albany, including, but not limited to, machinery, equipment,\nand other facilities deemed necessary or desirable in connection\ntherewith, or incidental thereto, whether or not in existence or under\nconstruction upon the effective date of this title, which shall be\nnecessary or suitable for purposes and redevelopment of the college of\nSaint Rose facilities provided, however, the authority shall not use its\nfunds in respect of any part of a project located wholly or partially\noutside the county without the prior consent thereto by the governing\nbody of any other county in which a part or parts of such project is, or\nis to be located.\n  17. "Public corporation" shall mean a county, city, town, village,\nschool district or special district, any public benefit corporation,\nagency or instrumentality of the state or of any municipality, or two or\nmore of any of the foregoing acting jointly.\n  18. "Real property" shall mean lands, structures, franchises and\ninterests in land, airspace, waters, lands under water, riparian rights,\nrights, any fixtures, equipment and articles of personal property\naffixed to or used in connection therewith, and any and all things and\nrights included within such 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. "Revenues" shall mean all rates, fees, rents, revenues, charges,\nand other income derived by the authority from the operation, leasing,\nsale, or other disposition of the college of Saint Rose related\nfacilities.\n  20. "State" shall mean the state of New York.\n
N.Y. PBA Law § 2656 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2656
Contracts
Status: in_force

§ 2656. Contracts. 1. Construction contracts let by the authority\nshall be in conformity with the applicable provisions of section one\nhundred thirty-five of the state finance law.\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. Any\nconstruction contract awarded by the authority shall contain such other\nterms and conditions as the authority may deem desirable. 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,\nplant, resources, financial standing, or experience of the bidder\njustifies such rejection in view of the work to be performed.\n  3. Each contract to which the authority is a party including, but not\nlimited to, any contract, lease, grant, bond, covenant, or other debt\nagreement entered into directly or indirectly by the authority financing\nin whole or in part, the construction, demolition, reconstruction,\nexcavation, rehabilitation, repair, renovation or alteration of a\nbuilding or an improvement to property shall require that employers,\ncontractors and sub-contractors shall comply with the provisions of\nsection two hundred twenty of the labor law.\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 § 2675-B — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-B
Statement of legislative findings
Status: in_force

§ 2675-b. Statement of legislative findings. It is hereby found,\ndetermined and declared that there is an immediate need to institute a\ncomprehensive, coordinated program of convention activities in the city\nof Albany. It is further found, determined and declared to be desirable\nto create an Albany convention center authority to provide the city of\nAlbany with the capability to effectively and efficiently develop,\nrenovate and undertake certain transformational economic developmental\nprojects in the historic downtown area to optimize the economic and\nsocial activities of the city and its environs. It is further found,\ndetermined and declared that the construction, transformation and\nimprovement of new and existing facilities for a convention center\nconsisting of trade exhibition, hotel accommodations, transportation\ninfrastructure, tourism, theatre facilities, retail business, commercial\noffice space facilities, including services for the operation and\nmaintenance thereof, will provide significant economic and social\nbenefits to the city and county of Albany and the entire capital\ndistrict region and, that, consistent with social, economic,\nenvironmental and other essential considerations of state policy,\nlocating and renovating these new and improved facilities in the\nhistoric downtown area of the city of Albany is in the public interest,\ngiven the convenience and accessibility of the city, its significance in\nthe history of the state and nation, its designation as a heritage area,\nits stature as the capital city of the state and the seat of state\ngovernment, and the immediacy of the needs of the people of the state\nfor the realization of the significant economic and social benefits to\nbe derived from this convention center.\n  It is further found, determined and declared that the development of\nthe area is a matter of essential state and city concern, and that the\nestablishment and creation of an Albany convention center authority is\nnecessary to provide for the economic prosperity and general welfare of\nthe people of the city of Albany and the state of New York for the\nconstruction, development, location and operation of a convention center\nconsisting of these facilities.\n  It is further found, determined and declared to be the intent of the\nlegislature that the Albany convention center authority shall carry out\nits purposes and responsibilities directly and through agreements with\nlocal entities, and that the Albany convention center authority shall be\ncreated as a public benefit corporation and that the corporate programs\nand powers conferred under this title and the expenditure of public\nmonies pursuant thereto, are in furtherance of a valid public interest\nand public purpose.\n
N.Y. PBA Law § 2629 — New York Code / Act PBA / Article 8 / Title 28 / Section 2629
Transfer of officers and employees
Status: in_force

§ 2629. Transfer of officers and employees. 1. Upon execution of the\nagreements for operation of the olympic facilities and the Gore Mountain\nski center made pursuant to sections two thousand six hundred twelve and\ntwo thousand six hundred fourteen of this title, those employees of the\nstate and the park district who are determined by the authority to be\nessential to the operation of the olympic facilities and the Gore\nMountain ski center shall, with the approval of the employer and the\nemployee, be transferred to the employment of the authority and shall be\neligible for such transfer and appointment without examination to\ncomparable offices, positions and employment under the authority. The\nsalary or compensation of any such officer or employee shall, after such\ntransfer, be paid by the authority. Notwithstanding the provisions of\nthis act, any such officers or employees so transferred to the\nauthority, pursuant to the provisions of this section, who are members\nof or beneficiaries under any existing pension or retirement system,\nshall continue to have all rights, privileges, obligations and status\nwith respect to such fund system or systems as are prescribed by law,\nbut during the period of their employment by the authority, all\ncontributions to any pension or retirement fund or system to be paid by\nthe employer on account of such officers or employees, shall be paid by\nthe authority; and all such officers and employees who have been\nappointed to positions under the rules and classifications of the state\ncivil service commission shall have the same status with respect thereto\nafter transfer to the authority as they had under their original\nappointments.\n  2. (a) Within thirty days of execution of the agreement, entered into\npursuant to subdivision four of section twenty-six hundred fourteen of\nthis title, provision shall be made for the transfer to the olympic\nregional development authority of all current employees engaged in\ncarrying out such functions with respect to the operation, maintenance\nand management of the Belleayre Mountain ski center. Such employees\nshall be transferred without further examination or qualifications and\nshall retain their respective civil service classifications, status,\nsalary, wages and negotiating unit, if any. No individual who is\ntransferred shall gain any additional rights as a result of such\ntransfer. However, once the employment of any transferred employee who\nis currently placed within a negotiating unit as defined by article\nfourteen of the civil service law is terminated or otherwise ceases, by\nany means, any individual hired to fill such vacancy shall not be placed\nin the same negotiating unit of the former incumbent but rather shall be\nplaced in the negotiating unit that contains employees of the authority.\n  (b) The salary or compensation of any such employees, after such\ntransfer, shall be paid by the authority. Notwithstanding the provisions\nof this section, any such employees so transferred to the authority,\npursuant to the provisions of this section, who are members of or\nbeneficiaries under any existing pension or retirement system, shall\ncontinue to have all rights, privileges, obligations and status with\nrespect to such fund system or systems as are prescribed by law, but\nduring the period of their employment by the authority, all\ncontributions to any pension or retirement fund or system to be paid by\nthe employer on account of such employees, shall be paid by the\nauthority.\n
N.Y. PBG Law § 431 — New York Code / Act PBG / Article 13 / Title 28 / Section 431
Rome Housing Authority
Status: in_force

§ 431. Rome Housing Authority.  A municipal housing authority to be\nknown as the Rome Housing Authority is hereby created in the city of\nRome, in the county of Oneida, for the accomplishment of any or all of\nthe purposes specified in article eighteen of the constitution of the\nstate of New York. It shall constitute a body corporate and politic and\nconsist of five members and shall have the powers and duties now or\nhereafter conferred by this chapter upon municipal housing authorities.\nIt shall be organized in the manner prescribed and subject to the\nprovisions of this chapter, and the authority, its members, officers and\nemployees and its operations and activities shall in all respects be\ngoverned by the provisions of this chapter. Such authority shall have\nperpetual duration. Its members shall be appointed by the mayor of the\ncity of Rome.\n
N.Y. PBA Law § 2638 — New York Code / Act PBA / Article 8 / Title 28-A / Section 2638
Actions against the commission
Status: in_force

§ 2638. Actions against the commission. 1. In an action against the\ncommission founded upon tort, the complaint shall contain an allegation\nthat at least thirty days have elapsed since the demand, claim or claims\nupon which the action is founded were presented to a member of the\ncommission and to its secretary or to its chief executive officer, and\nthat the commission has neglected or refused to make an adjustment or\npayment thereof for thirty days after the presentment.\n  2. In a case founded upon tort, a notice of claim shall be required as\na condition precedent to the commencement of an action or special\nproceeding against the commission or an officer, appointee or employee\nthereof, and the provisions of section fifty-e of the general municipal\nlaw shall govern the giving of such notice. No action shall be commenced\nmore than one year and ninety days after the cause of action therefor\nshall have accrued, except an action against the commission for wrongful\ndeath shall be commenced in accordance with the notice of claim and time\nlimitation provisions of title eleven of article nine of this chapter.\n
N.Y. PBA Law § 2657 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2657
Employees, civil service
Status: in_force

§ 2657. Employees, civil service. 1. The appointment and promotion of\nall non-exempt/non-management confidential employees of the authority\nshall be made in accordance with the civil service law and the rules of\nthe Schenectady county civil service commission.\n  2. In accordance with the provisions of section seventy of the civil\nservice law, any officer or employee of a municipality, school district\nor special district in the service area, may, at the request of the\nauthority, be transferred to the authority and shall be eligible for\nsuch transfer and appointment, without further examination, to\napplicable offices, positions and employment under the authority. Any\nsuch officers or employees so transferred to the authority pursuant to\nthis section, who are members of or benefit under any existing pension\nor retirement fund or system, shall continue to have all rights,\nprivileges, obligations and status with respect to such fund or system\nas are now prescribed by law, but during the period of their employment\nby the authority, all contributions to such funds or systems to be paid\nby the employer on account of such officers or employees shall be paid\nby the authority.\n  3. A transferred employee shall remain in the same collective\nbargaining unit as was the case prior to his or her transfer. Successor\nemployees to the positions held by such transferred employees shall,\nconsistent with the provisions of article fourteen of the civil service\nlaw, be included in the same unit as their predecessors. Employees\nserving in positions in newly created titles shall be assigned to the\nsame collective bargaining unit as they would have been assigned to such\nunit were such titles created prior to the establishment of the\nauthority.  Nothing contained in this title shall be construed (a) to\ndiminish the rights of employees pursuant to a collective bargaining\nagreement or (b) to affect existing law with respect to an application\nto the public employment relations board seeking a designation by the\nboard that certain persons are managerial or confidential.\n
N.Y. PBA Law § 2675-E — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-E
General purposes and powers of the authority
Status: in_force

§ 2675-e. 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 the convention facility of the authority. To carry out such\npurposes the authority shall have the following powers:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at its pleasure;\n  3. To acquire by purchase or condemnation, real property within the\ncity of Albany necessary, desirable or convenient for its corporate\npurposes and hold, use, develop and dispose of the same in connection\ntherewith;\n  4. To borrow money and issue bonds of the authority for any of its\ncorporate purposes, to secure the same with its revenues or other funds\nand otherwise to provide for and secure the payment thereof and to\nprovide for the rights of holders thereof and to fund or refund the\nsame;\n  5. To acquire, hold, use and dispose of personal property for its\ncorporate purposes;\n  6. To make by-laws for the regulation of its affairs and the conduct\nof its business;\n  7. 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;\n  8. To make contracts and leases and to execute all instruments\nnecessary or convenient for its corporate purposes;\n  9. To accept grants, loans, funding or other contributions from the\nUnited States, the state of New York, the county of Albany, or any\nagency or instrumentality of them, or the city of Albany or any of its\nagencies or instrumentalities, or any privately endowed foundation,\norganization or individual, including gifts, grants, loans or\ncontributions of real or personal property and to expend the proceeds\nfor any purposes of the authority;\n  10. To fix and collect revenues, dues, costs, assessments, rentals,\nfees and other charges for the use of real or personal property and/or\nfacilities comprising the convention facility subject to and in\naccordance with such agreements with bondholders as may be provided in\nthis title;\n  11. To contract for the services of architects, engineers,\nconsultants, lawyers, financial and other professional consultants and\nadvisors, developers, contractors, vendors, concessionaires, tenants,\nand/or convention facility users, occupant managers and service\nproviders and to fix their compensation;\n  12. To design, develop, own, plan, finance, create, site, construct,\nrenovate, administer, operate, manage and/or maintain such buildings,\nstructures and other improvements and facilities comprising such\nconvention facility;\n  13. To designate the depositories of its money;\n  14. To establish its fiscal year;\n  15. To enter into any lease of or to mortgage any property, and the\nsite thereof;\n  16. To enter into agreements, in its discretion, to pay annual sums in\nlieu of taxes to the city of Albany, the Albany city school district,\nthe Albany public library, the county of Albany, or any other political\nsubdivision or taxing district within the county of Albany in respect of\nany real property which is owned by the authority and located in any\nsuch municipality, political subdivision or taxing district;\n  17. With the consent of the city, to use agents, employees and\nfacilities thereof; paying to the city an agreed proportion of the\ncompensation or cost thereof; and\n  18. 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 § 2676-I — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-I
Remedies of bondholders
Status: in_force

§ 2676-i. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to this title:\n  1. In the event that the authority shall default in the payment of\nprincipal or of interest on any issue of bonds, after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle or shall default in any agreement made with the holders of any\nissue of bonds, the holders of twenty-five per centum 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 provided\nunder this section.\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 such trustee's 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\nadequate to carry out any agreement as to, or pledge of, such rents,\nrates, fees, and charges and to require the authority to carry out any\nother agreements with the holders of such bonds to perform its duties\nunder this 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 provisions of subdivisions\none and two of this section, have and possess all of the powers\nnecessary or appropriate for the exercise of any functions specifically\nset forth under this section or incident to the general representation\nof bond holders in the enforcement and protection of their rights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bond holders. 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 trustee\nshall first give thirty days notice in writing to the authority.\n  6. (a) Any such trustee, whether or not the issue of bonds represented\nby such trustee has been declared due and payable, shall be entitled as\nof right to the appointment of any receiver of any part or parts of the\nproject, the revenues of which are pledged for the security of bonds of\nsuch issue, and such receiver may enter and take possession of such part\nor parts of the project and, subject to any pledge or agreement with the\nholders of such bonds, shall take possession of all monies and other\nproperty derived from such part or parts of the project and proceed with\nany construction thereon or the acquisition of any property, real or\npersonal, in connection therewith that the authority is under obligation\nto do, and operate, maintain, and reconstruct such part or parts of the\nproject and collect and receive all revenues thereafter arising there\nfrom subject to any pledge or agreement with bond holders relating\nthereto and perform the public duties and carry out the agreements and\nobligations of the authority under the direction of the court.\n  (b) In any suit, action or proceeding by the trustee, the fees,\ncouncil fees, and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom the project.\n
N.Y. PBA Law § 2664 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2664
Return of moneys to the county of Schenectady
Status: in_force

§ 2664. Return of moneys to the county of Schenectady.  1. In the\nevent that the revenues of the authority exceed its current liabilities\nby more than fifty percent at the end of its first fiscal year, or by\nmore than ten percent at the end of its fiscal year of each fiscal year\nafter its first fiscal year, after a lawful deposit in its reserve fund\nof not less than five percent of its revenues, and after a lawful\ndeposit into its construction and development account in the amount\nnecessary to provide payment for the anticipated projects of the next\nfiscal year, then the authority shall return to the county of\nSchenectady seventy-five percent of such surplus amount.\n  2. In the event that the revenues of the authority do not exceed its\ncurrent liabilities by more than fifty percent at the end of its first\nfiscal year, or by more than ten percent at the end of its fiscal year\nof each fiscal year after its first fiscal year, after a lawful deposit\nin its reserve fund of not less than five percent of its revenues and\nafter a lawful deposit into its construction and development account in\nthe amount necessary to provide payment for the anticipated projects of\nthe next fiscal year, or that sufficient funds are not available for the\nauthority to make a lawful deposit in its reserve fund of not less than\nfive percent of its revenues, and a lawful deposit into its construction\nand development account, then the authority shall not be required to\nreturn any funds to the county of Schenectady for that fiscal year.\n  3. The authority shall not return any funds to the county of\nSchenectady that have been received by the authority from sources other\nthan the dedicated one-half of one percent of the sales tax.\n
N.Y. PBA Law § 2676-T — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-T
Audit and annual report
Status: in_force

§ 2676-t. Audit and annual report. In conformity with the provisions\nof section five of article ten of the state constitution, the accounts\nof the authority shall be subject to the supervision of the state\ncomptroller and an annual audit shall be performed by an independent\ncertified accountant. The authority shall annually submit to the county\ncomptroller, county legislature, county executive, governor, the state\ncomptroller, the chairperson of the senate finance committee, and the\nchairperson of the assembly ways and means committee a detailed report\npursuant to the provisions of section twenty-eight hundred of this\nchapter, and a copy of such report shall be filed with the clerk of the\ncounty legislature and the county executive.\n
N.Y. PBA Law § 2616 — New York Code / Act PBA / Article 8 / Title 28 / Section 2616
Appropriations by the state
Status: in_force

§ 2616. Appropriations by the state. 1. Notwithstanding the provisions\nof any general or special law, the director of the budget shall transfer\nto the authority from funds appropriated to the department of\nenvironmental conservation for the fiscal year beginning April first,\nnineteen hundred eighty-one, the amount necessary including an amount\nfor general state charges to provide for the operation of participating\nolympic facilities pursuant to agreements made with state agencies in\naccordance with section twenty-six hundred fourteen of this title.\n  2. On or before August fifteenth, nineteen hundred eighty-one, and on\neach August fifteenth thereafter the chair of the authority shall make\nand deliver to the director of the budget for his or her approval and\nfor submission to the legislature a budget for the operation of the\nauthority for the forthcoming fiscal year of the state. The chair of the\nauthority shall deliver a copy of such budget to the chair of the senate\nfinance committee and the chair of the assembly ways and means committee\nat the same time that the budget is delivered to the director of the\nbudget. The budget shall delineate the total amount needed for authority\npurposes, including the funds required by the authority for operation of\nthe olympic facilities, the Gore Mountain ski center and the Belleayre\nMountain ski center pursuant to agreements made in accordance with\nsections twenty-six hundred twelve and twenty-six hundred fourteen of\nthis title, the source of all funds that the authority expects to\nreceive and such other information as the director of the budget shall\nrequire. The director of the budget shall approve the budget for the\noperation of the authority and the governor shall recommend in his or\nher annual budget appropriations to the authority if the director of the\nbudget determines that the budget demonstrates that the authority,\nwithout operating at a deficit, can continue in the forthcoming fiscal\nyear of the state, in the exercise of its corporate purposes, powers,\nduties and functions with the appropriations from the state and park\ndistrict in the amounts determined in accordance with sections\ntwenty-six hundred twelve and twenty-six hundred fourteen of this title\nand income received by the authority from other sources. The director of\nthe budget shall notify the park district, the chair of the senate\nfinance committee and the chair of the assembly ways and means committee\nnot later than October first of each year whether or not he has approved\nthe budget.\n  3. The state may appropriate and provide to the authority an amount of\nmoney determined in accordance with paragraph (g) of subdivision two and\nwith subdivision three of section twenty-six hundred fourteen of this\ntitle.\n  4. To further assist the authority in carrying out its corporate\npurposes, the governor shall recommend to the legislature in his annual\nbudget appropriation of such funds as may be available for such purposes\nfrom the earnings and accumulated income upon the principal of the\nwinter sports education trust fund, pursuant to subdivision four of\nsection four hundred ninety-five-a of the education law.\n  5. Notwithstanding the provisions of any general or special law, no\npart of such appropriations shall be available for the purposes\ndesignated until a certificate of approval of availability shall have\nbeen issued by the director of the budget and a copy of such certificate\nis filed with the state comptroller, the chairman of the senate finance\ncommittee and the chairman of the assembly ways and means committee.\nSuch certificate may be amended from time to time, subject to the\napproval of the director of the budget, and a copy of each such\namendment shall be filed with the state comptroller, the chairman of the\nsenate finance committee and the chairman of the assembly ways and means\ncommittee.\n  6. Notwithstanding the provisions of section four hundred\nninety-five-a of the education law, the sum of seven hundred fifty\nthousand dollars ($750,000), is hereby appropriated to the authority\nfrom the accumulated earnings upon the principal of the winter sports\neducation trust fund.\n
N.Y. PBA Law § 2618 — New York Code / Act PBA / Article 8 / Title 28 / Section 2618
Property and income of the authority
Status: in_force

§ 2618. Property and income of the authority. 1. The property of the\nauthority and its income and operations shall be exempt from assessments\nof every kind and nature.\n  2. The authority may receive, accept, invest, administer, expend and\ndisburse for its corporate purposes appropriations from the state and\nthe park district, and other revenues and moneys made available or to be\nmade available to it from any or all sources public or private.\n  3. Any such moneys of the authority not required for immediate use\nmay, at the discretion of the authority, be invested pursuant to the\nprovisions of section ninety-eight-a of the state finance law.\n  4. The authority shall accept from the New York state urban\ndevelopment corporation, created by chapter one hundred seventy-four of\nthe laws of nineteen hundred sixty-eight, constituting the New York\nstate urban development corporation act, all of the personal property\nacquired by it from Lake Placid nineteen hundred eighty Olympic\nOrganizing Games, Inc.\n
N.Y. PBA Law § 2642-I — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-I
Advances on behalf of authority; transfer of property to authority; acquisition of property for authority
Status: in_force

§ 2642-i. Advances on behalf of authority; transfer of property to\nauthority; acquisition of property for authority. 1. In addition to any\npowers granted to it by law, any participating county may by resolution\nadvance sums of money to or on behalf of the authority to defray costs\nor expenses of the authority to be incurred prior to the first issuance\nof bonds. Subject to the rights of any bondholders, the moneys so\nappropriated may be repaid by the authority to the participating county\nat such time and in such manner as may be agreed upon between the\nauthority and the participating county.\n  2. Any participating county or any municipality along the southern\ntier extension railroad line may by resolution give, grant, sell,\nconvey, lend, or license the use of or lease to the authority any\nproperty or facility which is useful to the authority in order to carry\nout its powers under this title. Any such transfer of property shall be\nupon such terms and conditions, subject to the rights of any\nbondholders, as the authority and the participating county or the\nmunicipality may agree.\n  3. Notwithstanding the provisions of any other law, general, special,\nor local, real property acquired by the authority or any participating\ncounty from the state may be used for any corporate purpose of the\nauthority.\n
N.Y. PBA Law § 2676-G — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-G
Special powers of the authority
Status: in_force

§ 2676-g. Special powers of the authority. In order to effectuate the\npurpose of this title:\n  1. The authority may enter into any joint service arrangements as\nhereinafter provided.\n  2. The authority may, on such terms and conditions as the authority\nmay determine necessary, convenient, or desirable establish, construct,\neffectuate, operate, manage, maintain, renovate, improve, extend, or\nrepair any of the college of Saint Rose facilities, or may provide for\nsuch establishment, construction, effectuation, operation, management,\nmaintenance, renovation, improvement, extension, or repair by contract,\nlease, or other arrangement on such terms as the authority may deem\nnecessary, convenient, or desirable with the federal government, any\nstate or agency or instrumentality thereof, any person, or public\ncorporation. In connection with the operation of any such facilities,\nthe authority may establish, construct, effectuate, operate, manage,\nmaintain, renovate, improve, extend, or repair, or may provide by\ncontract, lease, or other arrangement for the establishment,\nconstruction, effectuation, operation, management, maintenance,\nrenovation, improvement, extension, or repair of any related services\nand activities it deems necessary, convenient, or desirable.\n  3. The authority may establish, fix, revise, levy, and collect or\ncause to be established, fixed, revised, levied, and collected and, in\nthe case of a joint service arrangement, join with others in the\nestablishment, fixing, revision, levy and collection of such rentals,\nrates, charges, concession fees and other fees as it may deem necessary,\nconvenient, or desirable for the use and operation of any of the college\nof Saint Rose facilities, and related services operated or managed by\nthe authority or under contract, lease, or other arrangement, including\njoint service arrangements, with the authority. Such rentals, rates,\ncharges, concession fees, or other fees shall be at least sufficient at\nall times in the judgment of the authority to establish and maintain the\noperations of the authority on a self-sustaining basis. Such operations\nshall be deemed to be on a self-sustaining basis as required by this\ntitle, when the authority is able to pay or fund or cause to be paid or\nfunded from revenues and any other funds actually available to the\nauthority: (a) the principal of, premium, if any, and the interest on\noutstanding bonds of the authority as the same shall become due and\npayable and any capital or debt service reserve therefor and, to the\nextent required by an agreement between the county and the authority,\nthe principal of and interest on any general obligations bonds, notes,\nor other evidence of indebtedness of the county issued for or allocable\nto any project of the authority as the same shall become due and payable\nand any reserves therefor; (b) the cost of administering, maintaining,\nrepairing and operating any project of the authority; (c) the cost of\nconstructing capital improvements thereto pursuant to any agreement\nbetween the county and the authority; (d) any liabilities incurred for\nor allocable to any project of the authority including any liabilities\nof the county assumed by the authority pursuant to any agreement between\nthe county and the authority, as the same become due and payable; (e)\nany requirements of any agreement including those relating to the\nestablishment of reserves for renewal and replacement and for\nuncollected rentals, rates, charges, and fees and covenants respecting\nrates and debt service and earnings coverage ratios; (f) all other\nreasonable and necessary expenses of the authority; and (g) the cost of\nsuch additional projects as may be at the time of the effective date of\nthis title or thereafter authorized, by law and agreed to by the\nauthority.\n  4. The authority may establish and, in the case of joint service\narrangements, join with others in the establishment of such schedules\nand standards of operations and such other rules and regulations\nincluding but not limited to rules and regulations governing the\nconduct, safety, and security of the public as it may deem necessary,\nconvenient, or desirable for the use, operation, and management of any\nproject and related services operated or managed by the authority or\nunder contract, lease or other arrangement, including joint service\narrangements, with the authority. Such rules and regulations governing\nthe conduct, safety, and security of the public shall be filed with the\ndepartment of state in the manner provided by section one hundred two of\nthe executive law. In the case of any conflict between any such rule or\nregulation of the authority governing the conduct, safety, and security\nof the public and any local law, ordinance, rule, or regulation, such\nrule or regulation of the authority shall prevail.\n  5. The authority may do all things it deems necessary, convenient, or\ndesirable to manage, control, and direct the maintenance and operation\nof the college of Saint Rose facilities, equipment, or property operated\nby or under contract, lease, or other arrangement with the authority.\nExcept as agreed to pursuant to any agreement between the authority and\nany public corporation and except as hereinafter specially provided, no\nmunicipality except for the county, shall have jurisdiction over any\nfacilities of the authority or any of its activities or operations. The\nauthority shall provide for such facilities police, fire, and health\nprotection services.\n  6. The authority may accept unconditional grants of money or property\nfrom any municipality where the whole or any part of such municipality\nis served or is to be served by a facility operated by the authority.\nSuch grants of money or property shall be for the purpose of assisting\nthe authority in meeting its capital or operating expenses. The\nacceptance of any such grant shall not operate to make the authority an\nagency of the municipality making such grant.\n  7. In any instance where the county is required by law, with respect\nto any of the college of Saint Rose facilities, to conduct a public\nhearing in connection with a contract, lease, joint service arrangement,\ncharge, rental, or fee, the authority shall not enter into such\ncontract, lease, joint service arrangement, or establish, fix, revise,\nor levy any charge, rental, concession fee, or other fee unless and\nuntil the authority has held a public hearing at which interested\npersons have had an opportunity to be heard concerning the same,\nprovided, however, if the county has conducted a public hearing in\nconnection with such contract, lease, joint service agreement, charge,\nrental, or fee, the authority shall not be required to hold a public\nhearing. Notice of such public hearing shall be published by the\nauthority at least ten days before the date set therefor, in at least\none newspaper of general circulation in the county. Such notice shall\nset forth the date, time, and place of such hearing and shall include a\nbrief description of the matters to be considered at such meeting. At\nall such hearings, any interested persons shall have an opportunity to\nbe heard concerning the matters under consideration. Any decision of the\nauthority on matters considered at such public hearing shall be in\nwriting and be made available in the office of the authority for public\ninspection during regular office hours.\n
N.Y. PBA Law § 2675-K — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-K
Agreements of the state
Status: in_force

§ 2675-k. Agreements of the state. The state of New York does hereby\npledge to and agree with the holders of the bonds that the state will\nnot limit or impair the rights hereby vested in the authority to\nacquire, construct, maintain, reconstruct and operate its convention\nfacility, to establish and collect rentals, fees and other charges and\nto fulfill the terms of any agreements made with the holders of the\nbonds, or in any way impair the rights and remedies of the bondholders,\nuntil the bonds, together with interest thereon, including interest on\nany unpaid installments of interest and all costs and expenses in\nconnection with any action or proceeding by or on behalf of the\nbondholders, are fully met and discharged.\n
N.Y. PBA Law § 2642-B — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-B
Definitions
Status: in_force

§ 2642-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning appears from the context:\n  1. "Authority" shall mean the corporation created by section\ntwenty-six hundred forty-two-c of this title.\n  2. "Authority facilities" shall mean the authority's railroad\nfacilities and operations pursuant to joint service arrangements as\ndefined in subdivision eight of this section.\n  3. "Commonwealth" shall mean the Commonwealth of Pennsylvania.\n  4. "Commonwealth agency" or "agency of the Commonwealth" shall mean\nany officer, department, board, commissioner, bureau, division, public\nbenefit corporation, agency or instrumentality of the Commonwealth of\nPennsylvania.\n  5. "Comptroller" shall mean the comptroller of the state of New York.\n  6. "Equipment" shall mean rolling stock, vehicles, motors, boilers,\nengines, wires, ways, conduits and mechanisms, machinery, tools,\nimplements, materials, supplies, instruments and devices of every nature\nwhatsoever used or useful for railroad and related transportation\npurposes or for the generation or transmission of motive power including\nbut not limited to all power houses, and all apparatus and all devices\nfor signaling, communications and ventilation as may be necessary,\nconvenient or desirable for the operation of a railroad or related\ntransportation facility.\n  7. "Federal government" shall mean the United States of America, and\nany officer, department, board, commission, bureau, division,\ncorporation, agency or instrumentality thereof.\n  8. "Joint service arrangements" shall mean agreements between or among\nthe authority and any common carrier or freight forwarder, the state,\nthe Commonwealth, any state agency or agency of the Commonwealth, the\nfederal government, any other state or Commonwealth or agency or\ninstrumentality thereof, any public authority of this or any other\nstate, any participating county, or any political subdivision or\nmunicipality of this or any other state, relating to property,\nbuildings, structures, facilities, services, rates, fares,\nclassifications, divisions, allowances or charges, or rules or\nregulations pertaining thereto, for or in connection with or incidental\nto transportation in part in or upon railroad facilities located within\nthe counties of Chautauqua, Cattaraugus, Allegany and Steuben and in\npart in or upon railroad facilities located outside said counties.\n  9. "Legislative body" or "legislative bodies" shall mean any or all of\nthe governing boards of the counties of Chautauqua, Cattaraugus,\nAllegany and Steuben.\n  10. "Municipality" shall mean any county, including the counties of\nChautauqua, Cattaraugus, Allegany and Steuben, city, town, village,\nschool district, improvement district, any other such instrumentality,\nincluding an agency or public benefit corporation of the state, or any\nof the foregoing, or any combination thereof.\n  11. "Participating counties" shall mean those of the counties of\nChautauqua, Cattaraugus, Allegany and Steuben that shall have appointed\nmembers of the authority.\n  12. "Railroad facilities" shall mean right-of-way and related\ntrackage, rails, cars, locomotives, other rolling stock, signal, power,\nfuel, communication and ventilation systems, power plants, stations,\nterminals, parking lots, garages, warehouses, storage yards, intermodal\nfacilities, repair and maintenance shops, yards, equipment and parts,\noffices and other real estate or personalty used or held for or\nincidental to the operation, rehabilitation or improvement of any\nrailroad operating or to operate between points within the counties of\nChautauqua, Cattaraugus, Allegany and Steuben or pursuant to joint\nservice arrangements, including but not limited to buildings,\nstructures, and areas notwithstanding that portions thereof may not be\ndevoted to any railroad purpose other than the production of revenues\navailable for the costs and expenses of all or any facilities of the\nauthority.\n  13. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands under water, riparian rights and air\nrights and any and all things and rights included within said term and\nincludes not only fees simple absolute but also any and all lesser\ninterests including but not limited to easements, rights-of-way, uses,\nleases, licenses and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms for years\nand liens thereon by way of judgments, mortgages or otherwise.\n  14. "State" shall mean the state of New York.\n  15. "State agency" shall mean any officer, department, board,\ncommissioner, bureau, division, public benefit corporation, agency or\ninstrumentality of the state of New York.\n  16. "Southern tier extension railroad line" shall mean the railroad\nline generally described as located between the city of Hornell, New\nYork (Cass street interlocking, at approximately milepost 331.8) and the\nNew York-Pennsylvania state line in the county of Chautauqua.\n
N.Y. PBA Law § 2611 — New York Code / Act PBA / Article 8 / Title 28 / Section 2611
Powers of the authority
Status: in_force

§ 2611. Powers of the authority. Except as otherwise may be limited by\nthis 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 acquire, lease, hold and dispose of real and personal property\nor any interest therein for its corporate purposes;\n  4. To make and alter by-laws for its organization and internal\nmanagement, and rules and regulations governing the exercise of its\npowers and the fulfillment of its purposes under this title. Such rules\nand regulations must be filed with the secretary of state and the town\nclerk of North Elba and the town clerks of the towns of Johnsburg,\nShandaken and Middletown;\n  5. To enter into contracts for employment of such officers and\nemployees as it may require for the performance of its duties, and to\nfix and determine their qualifications, duties and compensation and to\nretain or employ such personnel as may be required for its corporate\npurposes and private consultants on a contract basis or otherwise for\nrendering professional or technical services and advice;\n  6. To schedule and book events at participating olympic facilities,\nand the facilities of Belleayre Mountain ski center and other properties\nowned or controlled by the authority with public and private\nindividuals, organizations, groups and other entities desiring to use\nsuch facilities for conducting events and activities appropriate to the\npurposes of the authority;\n  7. To enter into contracts, leases and subleases and to execute all\ninstruments necessary or convenient for the conduct of authority\nbusiness, including agreements with the park district and any state\nagency which administers, owns or supervises any olympic facility or\nBelleayre Mountain ski center, as provided in sections twenty-six\nhundred twelve and twenty-six hundred fourteen of this title. This shall\ninclude the power to enter into contracts or other agreements to join\nreciprocal ski pass programs with other ski areas, where the members of\nsuch reciprocal pass program are required to defend and/or indemnify one\nor more other members of such program for claims or causes of action\narising out of, or relating to, such contract or agreement. This power\nshall be limited by the amount of the authority's discretionary funds,\nany lawful appropriation, or other funding, up to a limit of two hundred\nfifty thousand dollars per such claim or cause of action;\n  8. To undertake or cause to be undertaken plans, surveys, analyses and\nstudies necessary, convenient or desirable for the effectuation of the\npurposes and powers of the authority and to prepare recommendations in\nregard thereto;\n  9. To enter into contracts to operate, maintain and manage olympic\nfacilities and the Belleayre Mountain ski center;\n  10. To fix and collect fees, rents and other charges for the use of\nolympic facilities and to authorize any other person on its behalf to\ncollect same;\n  11. To conduct or contract for the conduct of all necessary or\nconvenient services relevant to the publicizing, advertising, marketing\nand promoting of participating olympic facilities and events scheduled\nat such facilities, including, without limitation, the sale of media\nrights;\n  12. To operate, or contract for the operation of, concession services\nat any participating olympic facility or the Belleayre Mountain ski\ncenter;\n  13. To contract for and to accept any gifts or grants, subsidies, or\nloans of funds or property or financial or other aid in any form from\nthe federal or state government or any agency or instrumentality\nthereof, or from any other source, public or private, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof; provided however, the authority shall not contract for the\npayment of debt evidenced by bonds or notes or other evidence of\nindebtedness issued by any public corporation for capital improvements\neither directly or through a lease purchase agreement with any public\ncorporation without the prior approval of the public authorities control\nboard;\n  14. To develop and construct, or participate in the development and\nconstruction of, a facility or facilities, whether or not to be owned by\nthe authority, and to operate, maintain and manage any such facilities,\nfor the training and housing of amateur athletes in connection with the\nUnited States olympic training center program and the authority's\nconduct of national and international sports events;\n  15. To procure insurance against any loss or liability in connection\nwith the use, management, maintenance and operation of the participating\nolympic facilities and/or Belleayre Mountain ski center, in such amounts\nand from such insurers, subject to public bidding as it deems desirable;\nand\n  16. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n
N.Y. PBA Law § 2651 — New York Code / Act PBA / Article 8 / Title 28-B / Section 2651
Statement of legislative findings
Status: in_force

§ 2651. Statement of legislative findings.  It is hereby found,\ndetermined and declared that there is an immediate need to institute a\ncomprehensive, coordinated program of economic development activities in\nthe Route 5 and Route 7 corridors of Schenectady county, especially in\nthe downtown region of the city of Schenectady.\n  It is further found, determined and declared to be desirable to create\na Schenectady metroplex development authority to provide the state of\nNew York, and the county of Schenectady, with the capability to\neffectively and efficiently develop, renovate and optimize the economic\nand social activities of the Route 5 and Route 7 corridors of\nSchenectady county.\n  It is also hereby found, determined and declared that existing\nfacilities in the Route 5 and Route 7 corridors of Schenectady county,\nfor conventions, trade exhibitions, public shows, public entertainment,\nhotel accommodations, transportation, historic preservation, tourism,\nsporting events, social and educational centers, and retail, business,\ncommercial and government office space, including services for the\noperation and maintenance thereof, are inadequate.\n  It is further found, determined and declared that the construction and\noperation of such new facilities to adequately accommodate such\nactivities would generate new business, create employment opportunities,\nprovide new sources of tax revenue, and promote effective and orderly\nredevelopment in the vicinity of the Route 5 and Route 7 corridors of\nSchenectady county, all of which would serve the interests of the state\nof New York, and the county of Schenectady.\n  It is also found, determined and declared that the area in the\nvicinity of the Route 5 and Route 7 corridors of Schenectady county is\nan area characterized by deteriorated industrial and commercial\nstructures, uncoordinated and incompatible commercial uses, inadequate\npublic facilities, and substandard conditions, all of which are\ndetrimental to the economic and social well-being of residents of the\nstate of New York and the county of Schenectady, and that the\nconstruction and operation of such new facilities in such area will\nserve as a catalyst for redevelopment, and a rejuvenation of civic pride\nand accomplishment.\n  It is further found, determined and declared that the construction and\noperation of such new facilities will provide significant economic and\nsocial benefits to the state of New York, the county of Schenectady, and\nthe entire capital district region, and that, consistent with social,\neconomic, environmental and other essential considerations of state\npolicy, locating these new facilities in the Route 5 and Route 7\ncorridors of Schenectady county is in the public interest, given the\nconvenience and accessibility of the location, the elimination of\nsubstandard conditions, the nature and economic characteristics of\nvarious other sites considered, and the immediacy of the needs of the\npeople of the state for the realization of the significant economic and\nsocial benefits to be derived from this development.\n  It is also found, determined and declared that the development of the\nRoute 5 and Route 7 corridors of Schenectady county is a matter of\nessential state and county concern, and that the establishment and\ncreation of a Schenectady metroplex development authority is necessary\nto provide for the economic prosperity, health, safety and general\nwelfare of the people of the county of Schenectady and the state of New\nYork, through the construction, development, location and operation of\nthese new facilities.\n  It is further found, determined and declared that is the intent of the\nlegislature that the Schenectady metroplex development authority shall\ncarry out its purposes and responsibilities directly and through\nagreements with federal, state and local entities and authorities, and\nthat the Schenectady metroplex development authority shall be created as\na public benefit corporation and that the corporate programs and powers\nconferred under this title and the expenditures of public moneys\npursuant thereto, are in furtherance of a valid public interest and\npublic purpose.\n
N.Y. PBA Law § 2675-M — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-M
Bonds; legal investment for fiduciaries
Status: in_force

§ 2675-m. Bonds; legal investment for fiduciaries. The bonds are\nhereby made securities in which all public officers and bodies of this\nstate and all municipalities and municipal subdivisions, all insurance\ncompanies and associations and other persons carrying on an insurance\nbusiness, all banks, bankers, trust companies, savings banks and savings\nassociations, including savings and loan associations, investment\ncompanies and other persons carrying on a banking business and all other\npersons whatsoever, except as hereinafter provided, who are now or may\nhereafter be authorized to invest in bonds or other obligations of the\nstate, may properly and legally invest funds including capital in their\ncontrol or belonging to them; provided that, notwithstanding the\nprovisions of any other general or special law to the contrary, such\nbonds shall not be eligible for the investment of funds, including\ncapital, trusts, estates or guardianships under the control of\nindividual administrators, guardians, executors, trustees and other\nindividual fiduciaries. The bonds are also hereby made securities which\nmay be deposited with and may be received by all public officers and\nbodies of this state and all municipalities and municipal subdivisions\nfor any purpose for which the deposit of bonds or other obligations of\nthis state is now or may hereafter be authorized.\n
N.Y. PBA Law § 2642-C — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-C
Chautauqua, Cattaraugus, Allegany and Steuben southern tier extension railroad authority
Status: in_force

§ 2642-c. Chautauqua, Cattaraugus, Allegany and Steuben southern tier\nextension railroad authority. 1. There is hereby created the\n"Chautauqua, Cattaraugus, Allegany and Steuben southern tier extension\nrailroad authority" which shall be a body corporate and politic\nconstituting a public benefit corporation.\n  2. The authority shall continue for thirty years from the effective\ndate of this title, or so long as it shall have bonds or other\nobligations outstanding or until its existence shall otherwise be\nterminated by law.  Upon the termination of the existence of the\nauthority, all its rights and properties shall pass to and be vested in\nthe participating counties pursuant to any agreements among the\nparticipating counties and the authority.\n  3. The authority shall adopt by-laws governing its operation and keep\na record of its resolutions, transactions, findings and determinations,\nwhich record shall be a public record.\n  4. The authority shall consist of the following fourteen members:\n  (a) The county legislative bodies of Chautauqua, Cattaraugus, Allegany\nand Steuben counties each shall appoint three voting members of the\nauthority who shall be residents of such county, upon the recommendation\nof the chief executive (county executive or chair of the county\nlegislative body) of each such county; and\n  (b) The southern tier west regional planning and development board,\nupon the recommendation of the chairperson of such board, shall appoint\none member of the authority, who shall be a resident of one of the\ncounties of Chautauqua, Cattaraugus, Allegany or Steuben.\n  (c) The Seneca Nation of Indians may appoint a member of such Nation\nto serve in an advisory non-voting capacity.\n  5. The term of office of members of the authority shall be three\nyears.  Four of the initial members of the authority shall serve a one\nyear term, four shall serve a two year term and six, including the\nmembers appointed by the southern tier west regional planning and\ndevelopment board, and the Seneca Nation of Indians shall serve a three\nyear term, provided that at the inception of the authority, each county\nshall appoint one member to hold office for three years, one for two\nyears and one for one year.\n  6. All members shall continue to hold office until their successors\nare appointed and qualified. The resignation of any member shall be\nfiled with the appointing authority and shall be effective when so\nfiled.  Vacancies occurring otherwise than by expiration of term of\noffice shall be filled for the unexpired term in the same manner as\nprovided for the original appointment.\n  7. The chairperson, vice-chairperson, secretary, and other necessary\nofficers shall be named by a majority vote of all the voting members to\nserve for such period as the members shall decide. The chairperson shall\npreside over the meetings of the authority and shall appoint members of\nthe authority to committees established by the authority to assist the\nauthority in carrying out its duties.\n  8. Any member of the authority may be removed by resolution of the\nentity which appointed such member either for cause or for\nnon-compliance with minimum requirements relating to meeting attendance\nand other criteria as may be established by resolution of such entity.\n  9. No person shall be precluded from serving as a member of the\nauthority as appointed by a county legislative body, the southern tier\nwest regional planning and development board or the Seneca Nation of\nIndians pursuant to this section because such member is an elected or\nappointed official of a municipality, except that no member of the\nauthority shall vote on any matter before the authority which has been\nthe subject of a proposal, application or vote before the municipality\nwhere he or she serves in such elected or appointed capacity.\n  10. The members of the authority shall receive no salary or\ncompensation for their services, but may be reimbursed for authorized,\nactual and necessary travel and expenditures.\n  11. A majority of the whole number of voting members of the authority\nthen in office shall constitute a quorum for the transaction of any\nbusiness or the exercise of any power of the authority. Notwithstanding\nany provision of statute or law to the contrary and except as otherwise\nspecified in this title, for the transaction of any business or the\nexercise of any power of the authority, the authority shall have power\nto act by a majority of the whole number of voting members of the\nauthority.\n  12. The authority shall be deemed a state agency for purposes of\nsection seventy-four of the public officers law, provided, however, that\nno non-voting member of the authority shall be deemed an officer or\nemployee of a state agency.\n
N.Y. PBA Law § 2676-J — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-J
State and county not liable on authority bonds
Status: in_force

§ 2676-j. State and county not liable on authority bonds. Neither the\nstate, the county, nor the city shall be liable on the bonds of the\nauthority and such bonds shall not be a debt of the state, the county or\nthe city, and such bonds shall contain on the face thereof a statement\nto such effect.\n
N.Y. PBA Law § 2606 — New York Code / Act PBA / Article 8 / Title 28 / Section 2606
Legislative findings
Status: in_force

§ 2606. Legislative findings. It is hereby found, determined and\ndeclared that there is an immediate need to institute a comprehensive,\ncoordinated program of activities utilizing the olympic facilities in\nand around Lake Placid, New York, in order to insure optimum year-round\nuse and enjoyment of these facilities to the economic and social benefit\nof the olympic region and to minimize the financial burden on the state\nand local governments in the maintenance and operation of these\nfacilities by means of maximizing revenue opportunities for their\nsupport; and to take advantage of the opportunity to improve the\nphysical fitness and athletic and recreational education of the people\nof this state and the United States by assisting in the use and\nmaintenance of these facilities. It is further declared to be desirable\nto create a state olympic regional development authority to operate,\nmanage and maintain the olympic facilities, develop, implement and\nsupervise the professional management necessary for such a\ncomprehensive, coordinated program and for the management, promotion,\nscheduling and conduct of an integrated, year-round program and a wide\nrange of national and international athletic training and competitive\nopportunities and other activities which can effectively utilize the\navailable facilities. The authority shall carry out its purposes and\nresponsibilities and utilize the facilities through agreements with\nstate and local agencies which have jurisdiction over the various\nolympic facilities in the olympic region.  It is further declared to be\ndesirable that the authority develop, construct, operate, manage and\nmaintain facilities, or participate therein, for the training and\nhousing of amateur athletes in connection with the United States olympic\ncommittee's training center program and the authority's conduct of\nnational and international sports events. It is further declared that\nthe authority shall be created as a public benefit corporation and that\nthe corporate programs and powers conferred under this title and the\nexpenditures of public moneys pursuant thereto are in furtherance of\nserving a valid public interest and public purpose.\n
N.Y. PBA Law § 2676-U — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-U
Limited liability
Status: in_force

§ 2676-u. Limited liability. Neither members, officers, or employees\nof the authority, nor any municipality, or an officer or employee\nthereof acting on behalf of the authority, shall be subject to any\npersonal liability resulting from the construction, maintenance, or\noperation of any of the properties of the authority or from carrying out\nany of the powers expressly given in this title provided, however, that\nthis section shall not be held to apply to any independent contractor.\n
N.Y. PBA Law § 2669-A — New York Code / Act PBA / Article 8 / Title 28-B / Section 2669-A
Agreement with state
Status: in_force

§ 2669-a. Agreement with state. The state does hereby pledge to and\nagree with the holders of any bonds issued by the authority pursuant to\nthis title and secured by a pledge, and with those persons or public\nauthorities who may enter into contracts with the authority pursuant to\nthe provisions of this title that the state will not alter, limit or\nimpair the rights hereby vested in the authority to purchase, construct,\nown and operate, maintain, repair, improve, reconstruct, renovate,\nrehabilitate, enlarge, increase and extend, or dispose of any project,\nor any part or parts thereof for which bonds of the authority shall have\nbeen issued, to establish and collect rates, rents, fees and other\ncharges referred to in this title, to fulfill the terms of any contracts\nor agreements made with or for the benefit of the holders of bonds or\nwith any person or public authority with reference to such project or\npart thereof, or in any way to 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. The authority is\nauthorized to include this pledge and agreement of the state in any\nagreement with the holders of bonds. Nothing contained in this title\nshall be deemed to restrict the right of the state to amend, modify,\nrepeal or otherwise alter statutes imposing or relating to taxes or fees\nor appropriations relating thereto. The authority shall not include in\nany resolution, contract or agreement with the holders of its bonds, or\nsuch persons or public authorities who may enter into contracts with the\nauthority, any provision stating that, as a result of the state\nexercising its right to amend, repeal, modify or otherwise alter any\nsuch tax, fee or appropriation a default will occur. Nothing in this\ntitle shall be deemed to obligate the state to make additional payments\nor impose any taxes to satisfy the debt service obligations of the\nauthority.\n
N.Y. PBA Law § 2676-L — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-L
Bonds legal investment for fiduciaries
Status: in_force

§ 2676-l. Bonds legal investment for fiduciaries. The bonds of the\nauthority are hereby made securities in which all public officers and\nbodies of the state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nand administrators, guardians, executors, trustees and other\nfiduciaries, and all other persons whatsoever, who are upon the\neffective date of this title, or thereafter, authorized to invest in\nbonds or other obligations of the state may properly and legally invest\nfunds including capital in their control or belonging to them.\nNotwithstanding other provisions of law, the bonds are also hereby made\nsecurities which may be deposited with and may be received by all public\nofficers and bodies of the state and all municipalities for any purposes\nfor which the deposit of bonds or other obligations of this state is\nupon the effective date of this title, or thereafter authorized.\n
N.Y. PBA Law § 2676-A — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-A
Statement of legislative findings and purpose
Status: in_force

§ 2676-a. Statement of legislative findings and purpose. The\nlegislature hereby finds and declares as follows:\n  1. The economic well-being of the county and the general welfare of\nits people require adequate, and accessible performing arts centers,\nathletic fields, educational facilities, and residential facilities.\n  2. The preservation and safeguarding of facilities at risk of being\nunderutilized and becoming blighted is a matter of vital importance not\nonly to the residents of the capital district but to all the state's\nresidents and is, therefore, a matter of state concern.\n  3. In order to ensure a healthy economy for such area and to promote\nthe general welfare of its residents, it is necessary to maintain and\nimprove the college of Saint Rose facilities and services in the county\nof Albany in such a manner as to stimulate and promote a healthy\neconomy.\n  4. The general health and welfare of the state's residents requires\ncoordinated operation of the college of Saint Rose facilities and\nservices in the county of Albany by a public benefit authority.\n  5. The purposes of such authority shall be: (a) to promote accessible,\nefficient and economically productive use of the facilities; (b) to\nacquire, construct, reconstruct, continue, develop, equip, expand,\nimprove, maintain, finance, and operate the college of Saint Rose\nfacilities and services within the county of Albany; (c) to stimulate\nand promote economic development; and (d) to make contracts and leases\nand to execute all instruments necessary or convenient for its corporate\npurposes.\n  6. Such purposes are in all respects public purposes for the benefit\nof the people of the state of New York and for which public funds may be\nexpended and both the county and the authority in carrying out their\nrespective powers and duties under this title shall be deemed to be\nacting in a governmental capacity. The acquisition, construction,\nreconstruction, development, expansion, improvement, equipping,\noperation and maintenance of any project financed or undertaken by the\nauthority or the county shall be deemed to be the performance of an\nessential governmental function by the authority or the county acting in\nits governmental capacity, whether such project shall be owned or\noperated by the authority or by any person or public corporation.\n  7. It is hereby found and declared that it has been and remains the\npolicy of the state of New York to promote equal opportunity in\nemployment for all persons, without discrimination on account of race,\ncreed, color, national origin, sex, age, disability or marital status,\nto promote equality of economic opportunity for minority group members\nand women, and minority and women-owned business enterprises.\n
N.Y. PBA Law § 2675-H — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-H
Contracts
Status: in_force

§ 2675-h. Contracts. 1. Construction contracts let by the authority\nshall be in conformity with the applicable provisions of section one\nhundred thirty-five of the state finance law.\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. Any\nconstruction contract awarded by the authority shall contain such other\nterms and conditions as the authority may deem desirable. 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 judgement, the business and technical organization,\nplant, resources, financial standing, or experience of the bidder\njustifies such rejection in view of the work to be performed.\n  3. All contracts or leases for the construction, reconstruction,\nrehabilitation or improvement of buildings let by the authority shall\ncomply with the provisions of section two hundred twenty of the labor\nlaw.\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 § 2676-M — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-M
Agreement with state
Status: in_force

§ 2676-m. Agreement with state. The state does hereby pledge to and\nagree with the holders of any bonds issued by the authority pursuant to\nthis title and with those persons or public corporations who may enter\ninto contracts with the authority pursuant to the provisions of this\ntitle that the state will not alter, limit or impair the rights hereby\nvested in the authority to purchase, construct, own and operate,\nmaintain, repair, improve, reconstruct, renovate, rehabilitate, enlarge,\nincrease and extend, or dispose of any project, or any part or parts\nthereof for which bonds of the authority shall have been issued, to\nestablish and collect rates, rents, fees, and other charges referred to\nin this title, to fulfill the terms of any contracts or agreements made\nwith or for the benefit of the holders of bonds or with any person or\npublic corporation with reference to such project or part thereof, or in\nany way to impair the rights and remedies of the holders of bonds, until\nthe bonds, together with interest thereon, including interest on any\nunpaid installments of interest, and all costs and expenses in\nconnection with any action or proceeding by or on behalf of the holders\nof bonds, are fully met and discharged and such contracts are fully\nperformed on the part of the authority. The authority is authorized to\ninclude this pledge and agreement of the state in any agreement with the\nholders of bonds.\n
N.Y. PBA Law § 2642-Q — New York Code / Act PBA / Article 8 / Title 28-AA / Section 2642-Q
Track, bridge, signal, station and other facility operation and maintenance
Status: in_force

§ 2642-q. Track, bridge, signal, station and other facility operation\nand maintenance. The operation, maintenance and use of track, bridges,\nsignals, freight stations, passenger stations and other facilities shall\nbe public purposes of the authority and the participating counties. The\ntotal cost to the authority of operation, maintenance and use of each\ntrack, bridge, signal, freight station, passenger station and other\nfacility within the counties of the district located in the state and\nserviced by one or more railroad facilities of the authority or\ncorporations, including the buildings, appurtenances, platforms, lands\nand approaches incidental or adjacent thereto, shall be borne by the\nauthority.\n
N.Y. PBA Law § 2675-O — New York Code / Act PBA / Article 8 / Title 28-BB / Section 2675-O
Remedies for bond holders
Status: in_force

§ 2675-o. Remedies for bond holders. 1. In the event that the\nauthority shall default in the payment of principal or interest on any\nissue of bonds after the same shall become due, whether at maturity or\nupon call redemption, and such default shall continue for a period of\nthirty days, or in the event that the authority shall fail or refuse to\ncomply with the provisions of this title, or shall default in any\nagreement made with the holders of any issue of bonds, the holders of\ntwenty-five per centum in aggregate principal amount of the bonds of\nsuch issue then outstanding, by instrument or instruments filed in the\noffice of the clerk of the county in which the principal office of the\nauthority is located, and proved or acknowledged in the same manner as a\ndeed to be recorded, may appoint a trustee to represent the holders of\nsuch bonds for the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his, her or its own name:\n  (a) by suit, action or proceeding in accordance with the civil\npractice law and rules, enforce all rights of the holders of the\nauthority's bonds, and include the right to require the authority to\ncollect fees and charges and interest adequate to carry out any\nagreements as to, or pledge or assignment of or lien upon, such fees and\ncharges and interest, on properties and to require the authority to\ncarry out any other agreements with the holders of such bonds to perform\nits duties under this title;\n  (b) bring suit upon such bonds;\n  (c) by action or suit, require the authority to account as if it were\nthe trustee of an express trust for the holders of such bonds;\n  (d) by action or suit, enjoin any acts or things which may be unlawful\nor in violation of the rights of the holders of such bonds;\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 and appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of the holders of the authority's bonds in the\nenforcement and protection of their rights.\n  4. The Supreme Court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of such holders of the authority's\nbonds. The venue of any such suit, action or proceeding shall be laid in\nthe city in which the principal office of the authority is located.\n
N.Y. PBA Law § 2612 — New York Code / Act PBA / Article 8 / Title 28 / Section 2612
Agreement with the park district
Status: in_force

§ 2612. Agreement with the park district. 1. The specific terms of the\nagreement shall not exceed twenty years and shall be negotiated between\nthe authority and the park district with respect to all participating\nolympic facilities owned by the park district, and shall include but not\nbe limited to, the ski jump facilities located at Intervale and the\nspeed skating and arena complex located in the village of Lake Placid.\n  2. The agreement between the authority and the park district shall\nprovide the following:\n  (a) The authority shall receive the participating olympic facility,\nincluding any personal property and equipment owned by the park district\nand used solely in connection therewith, which is the subject matter of\nthe agreement in its condition at the time of the commencement of the\nagreement.\n  (b) The authority shall agree to continue to provide at the\nparticipating olympic facility the space, facilities and the level of\nlocal recreation, including youth sports training, promotion and\nprogramming, as was provided by the park district during the year\nimmediately preceding the execution of the agreement.\n  (c) The authority shall comply with (1) all agreements existing on the\neffective date of this title affecting the participating olympic\nfacility, provided such existing agreements are listed in the agreement\nwith the park district, and (2) all agreements entered into by the park\ndistrict after the effective date of this title which affect the\nparticipating olympic facility, provided such agreements are first\napproved by the director of the budget.\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 park district. Such personal property shall be\naccepted by the park district in its condition at the time of such\ntermination.\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 park district\nif the park district fails to carry out all of the provisions of the\nagreement or fails to appropriate and pay (1) in the first full fiscal\nyear of the authority following the execution of the agreement an amount\nto be agreed upon by the park district and the authority, which amount\nshall be equal to the total cost of operating the participating olympic\nfacility which is the subject matter of the agreement in the first full\nfiscal year of the park district immediately preceding execution of the\nagreement, less all income received by the park district from the\noperation of the participating olympic facility in such year; and (2) in\neach fiscal year thereafter an amount equal to the appropriation made to\nthe authority as provided in subparagraph one of this paragraph in the\nfirst full fiscal year following execution of the agreement, plus such\namount multiplied by the percentage increase of the park district's full\ntax assessment of real property within its taxing district for the\nfiscal year for which the appropriation is made over the full tax\nassessment in the first full fiscal year following execution of the\nagreement.\n  (h) The park district and the authority shall agree on the dates that\nthe park district shall provide such appropriation to the authority.\n  (i) The park district may terminate its agreement with the authority\nif the park district fails to approve the budget of the authority as it\npertains to the operation of participating olympic facilities or if the\nstate fails to appropriate and pay funds as provided in paragraph (g) of\nsubdivision two of section twenty-six hundred fourteen of this title.\n
N.Y. PBA Law § 2676-S — New York Code / Act PBA / Article 8 / Title 28-C / Section 2676-S
Agreements relating to payment in lieu of taxes
Status: in_force

§ 2676-s. Agreements relating to payment in lieu of taxes. 1. In order\nto assure that municipalities shall not suffer undue loss of taxes or\nassessments in the event that the authority acquires any facility from\nthe county, any person paying real property taxes or assessments as of\nthe date of the transfer of title from the county to the authority on\nany property located within any such facility shall make payments in\nlieu of taxes in an amount equal to the sums which would ordinarily be\nimposed as taxes by any municipality in which such property is located,\npursuant to the prevailing method of determining taxes and assessments.\n  2. Subject to any agreement with bond holders, the authority may, with\nthe approval of the county, but shall not be required to, enter into\nagreements with any municipality of the state to pay annual sums in lieu\nof taxes to any such municipality in respect of any real property which\nis owned by the authority is located in such municipality and is used\nfor public purposes. For the purposes of this section, such public\npurposes shall include without limitation athletic facilities,\neducational facilities, performing arts facilities, or residential\nfacilities.\n  3. (a) In the event that any real property owned by the authority is\nused by the authority or a lessee thereof for purposes other than public\npurposes, the authority, or lessee thereof, as the case may be, may,\nwith the approval of the county, enter into agreements with any\nmunicipality of the state to pay annual sums in lieu of taxes in respect\nof such real property located in such municipality. For the purposes of\nthis section, such purposes other than public purposes shall include\nwithout limitation, athletic facilities, educational facilities,\nperforming arts facilities, residential facilities, or office buildings\nto the extent not used by the authority or any other public corporation\nfor its own corporate purposes, and such other buildings and\nimprovements as determined by the authority to be not exclusively for\npublic purposes.\n  (b) The authority shall determine (i) the amount of such annual\npayments in lieu of taxes; (ii) whether the use of such property is for\npurposes other than public purposes; and (iii) the extent to which such\nproperty is used for purposes other than public purposes. In making such\ndeterminations the authority shall take into consideration the\nrecommendations, if any, of the county.\n