NY Pub Auth L § 1332 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 11-D - Central New York Regional Transportation Authority 1332 - Special Powers of the Authority.

§  1332.  Special  powers of the authority. In order to effectuate the   purposes of this title: 1. The authority may acquire, by purchase, gift,   grant, transfer, contract or lease, or condemnation, any  transportation   facility,  including  port  or  related  facilities  wholly or partially   within the transportation district or  any  part  thereof,  or  the  use   thereof,   and   may  enter  into  any  joint  service  arrangements  as   hereinafter provided. Any such acquisition or joint service  arrangement   shall  be authorized only by resolution of the authority approved by not   less than a majority of the whole number of  members  of  the  authority   then in office.2. The authority may on such terms and conditions as the authority may   determine   necessary,   convenient   or   desirable  itself  establish,   construct, effectuate, operate, maintain, renovate, improve,  extend  or   repair  any  such  transportation  facility,  or  may  provide  for such   establishment,  construction,  effectuation,   operation,   maintenance,   renovation,  improvement,  extension  or  repair  by contract, lease, or   other arrangement on such terms as the  authority  may  deem  necessary,   convenient  or  desirable  with any person, including but not limited to   any common carrier or freight forwarder, the state,  any  state  agency,   the  federal  government,  any  other state or agency or instrumentality   thereof, any public  authority  of  this  or  any  other  state  or  any   political  subdivision  or municipality of the state. In connection with   the operation of any such transportation  facility,  the  authority  may   establish,  construct, effectuate, operate, maintain, renovate, improve,   extend or repair or may provide by contract, lease or other  arrangement   for    the   establishment,   construction,   effectuation,   operation,   maintenance, renovation, improvement, extension or repair of any related   services and activities it deems  necessary,  convenient  or  desirable,   including  but  not limited to the transportation and storage of freight   and the  United  States  mail,  feeder  and  connecting  transportation,   parking  areas,  transportation  centers,  port,  stations  and  related   facilities.3. The authority may establish,  levy  and  collect  or  cause  to  be   established,  levied  and  collected and, in the case of a joint service   arrangement, join with others in the establishment, levy and  collection   of  such  fares, tolls, rentals, rates, charges and other fees as it may   deem necessary, convenient or desirable for the use and operation of any   transportation facility and related services operated by  the  authority   or by a subsidiary corporation of the authority or under contract, lease   or  other  arrangement,  including  joint service arrangements, with the   authority. Any such fares, tolls, rentals, rates, charges or other  fees   for  the  transportation  of passengers shall be established and changed   only if approved by resolution of the authority adopted by not less than   a majority of the whole number of  members  of  the  authority  then  in   office  and  only  after a public hearing, provided however, that fares,   tolls, rentals, rates, charges or other fees for the  transportation  of   passengers  on  any  transportation  facility which are in effect at the   time that the then owner  of  such  transportation  facility  becomes  a   subsidiary corporation of the authority or at the time that operation of   such  transportation  facility  is  commenced  by  the  authority  or is   commenced under contract, lease or  other  arrangement  including  joint   service  arrangements,  with  the  authority  may be continued in effect   without such a hearing. Such fares, tolls, rentals, rates,  charges  and   other  fees shall be established as may in the judgment of the authority   be necessary to maintain the combined operations of  the  authority  and   its  subsidiary  corporations  on  a  self-sustaining  basis.  The  said   operations shall be deemed to be on a self-sustaining basis as  required   by  this  title,  when  the authority is able to pay or cause to be paid    from revenue and any other funds or property actually available  to  the   authority  and  its subsidiary corporations (a) as the same shall become   due, the principal of and interest on the  bonds  and  notes  and  other   obligations  of  the  authority  and  of  such  subsidiary corporations,   together with the maintenance of proper reserves therefor, (b) the  cost   and  expense  of  keeping the properties and assets of the authority and   its subsidiary corporations in good condition and repair,  and  (c)  the   capital  and  operating  expenses  of  the  authority and its subsidiary   corporations. The authority may contract with the holders of  bonds  and   notes  with  respect  to  the  exercise of the powers authorized by this   section.4. The authority may establish and,  in  the  case  of  joint  service   arrangements,  join  with  others in the establishment of such schedules   and standards  of  operations  and  such  other  rules  and  regulations   including but not limited to rules and regulations governing the conduct   and  safety  of  the  public  as  it  may  deem necessary, convenient or   desirable for the use and operation of any transportation  facility  and   related  services  operated by the authority or under contract, lease or   other  arrangement,  including  joint  service  arrangements,  with  the   authority.  Such  rules and regulations governing the conduct and safety   of the public shall be filed with the department of state in the  manner   provided by section one hundred two of the executive law. In the case of   any  conflict  between  any  such  rule  or  regulation of the authority   governing the conduct or  safety  of  the  public  and  any  local  law,   ordinance,  rule or regulation, such rule or regulation of the authority   shall prevail. Violation of any such rule or regulation of the authority   governing the conduct or the  safety  of  the  public  in  or  upon  any   facility  of  the  authority  shall  constitute  an offense and shall be   punishable by fine not exceeding fifty dollars or imprisonment  for  not   more than thirty days or both.5.  The authority may acquire, hold, own, lease, establish, construct,   effectuate, operate, maintain, renovate, improve, extend or  repair  any   of  its  facilities  through,  and  cause any one or more of its powers,   duties, functions or activities to be exercised or performed by, one  or   more  wholly  owned  subsidiary  corporations  of  the authority and may   transfer to or from any such corporation any moneys,  real  property  or   other  property  for any of the purposes of this title. The directors or   members of each such subsidiary corporation shall be  the  same  persons   holding  the  offices  of members of the authority. Each such subsidiary   corporation and any of its property, functions and activities shall have   all of the privileges, immunities, tax exemptions and  other  exemptions   of  the  authority  and  of  the  authority's  property,  functions  and   activities. Each such subsidiary corporation shall  be  subject  to  the   restrictions  and  limitations  to  which  the authority may be subject.   Each such subsidiary corporation shall be subject to suit in  accordance   with  section thirteen hundred forty-one of this title. The employees of   any such subsidiary corporation, except those who are also employees  of   the authority, shall not be deemed employees of the authority.If  the  authority  shall determine that one or more of its subsidiary   corporations should be in the form of a public benefit  corporation,  it   shall  create  each  such  public  benefit  corporation by executing and   filing with the secretary of state a certificate of incorporation, which   may be amended from time to time by filing, which shall  set  forth  the   name  of  such  public benefit subsidiary corporation, its duration, the   location of its principal office, and any or  all  of  the  purposes  of   acquiring,  owning,  leasing,  establishing, constructing, effectuating,   operating, maintaining, renovating, improving,  extending  or  repairing   one  or  more  facilities  of  the  authority.  Each such public benefit    subsidiary corporation shall be a body politic and corporate  and  shall   have  all those powers vested in the authority by the provisions of this   title which the authority shall determine to include in its  certificate   of incorporation except the power to contract indebtedness.Whenever  any  state, political subdivision, municipality, commission,   agency, officer, department, board, division or person is authorized and   empowered for any of the purposes of this title to cooperate  and  enter   into  agreements  with  the authority such state, political subdivision,   municipality, commission, agency, officer, department,  board,  division   or  person  shall  have the same authorization and power for any of such   purposes to cooperate  and  enter  into  agreements  with  a  subsidiary   corporation of the authority.6.  The  authority,  in  its own name or in the name of the state, may   apply for and receive and accept grants of property, money, services and   other assistance  offered  or  made  available  to  it  by  any  person,   government  or  agency  whatever,  which  it  may use to meet capital or   operating expenses and for any other use within the scope of its powers,   and to negotiate for the same upon such  terms  and  conditions  as  the   authority may determine to be necessary, convenient or desirable.  In no   event,  however,  shall  the authority submit to the United States or to   the state of New York, or any agency  or  instrumentality  of  them,  an   application  for a federal or state project unless the application shall   have been first approved  by  the  commissioner  as  being  part  of  or   consistent  with  such  statewide  plan, regional plan or transportation   development policy and planning concept.7. The authority may do all things it deems necessary,  convenient  or   desirable to manage, control and direct the maintenance and operation of   transportation  facilities,  equipment  or  real property operated by or   under contract, lease or other arrangement with the authority. Except as   hereinafter   specially   provided,   no   municipality   or   political   subdivision,  including but not limited to a county, city, village, town   or school or other district shall have jurisdiction over any  facilities   of  the  authority  or  any  of  its  activities or operations.   In the   operation, maintenance and control of any facilities devoted to purposes   other than  direct  transportation  purposes,  the  authority  shall  be   subject   to   all   local  laws,  resolutions,  ordinances,  rules  and   regulations  of  a   municipality   or   political   subdivision.   Each   municipality  or  political  subdivision, including but not limited to a   county, city, village, town or district in which any facilities  of  the   authority are located shall provide for such facilities police, fire and   health  protection services of the same character and to the same extent   as those provided  for  residents  of  such  municipality  or  political   subdivision.The  authority  may  agree with the state department of transportation   for the execution by such department of any grade  crossing  elimination   project  or  any  grade crossing separation reconstruction project along   any railroad facility operated  by  the  authority  or  by  one  of  its   subsidiary  corporations  or  under contract, lease or other arrangement   with the authority. Any such project shall be executed  as  provided  in   the  grade  crossing elimination act and the railroad law, respectively,   and the costs of any such project shall be borne  as  provided  in  such   laws.8.  The authority may accept unconditional grants of money or property   as subsidy payments for expansion  of  service  into  areas  where  such   service   would   not  be  self-supporting.  The  authority  may  accept   unconditional grants of money or property from any city,  village,  town   or  county  not  wholly contained within a city the whole or any part of   which shall be served or to  be  served  by  a  transportation  facility    operated by the authority. Such grants of money or property would be for   the  purpose  of  assisting  the  authority  in  meeting  its capital or   operating expenses. The acceptance of any such grant shall  not  operate   to  make  the  authority an agency of the municipality making the grant.   The provisions of this section are intended as enabling legislation only   and shall not be interpreted as implying that absent their enactment  an   authority would lack the power to accept such grant or subsidy.9.  Notwithstanding  any  of  the  above provisions, no project may be   undertaken by the  authority  unless  such  project  is  a  part  of  or   consistent with the action plan.