NY Gen Mun L § 368 (2021)
2021 New York Laws GMU - General Municipal Article 14-AA - School District Exploration for Natural Gas Fields 368 - Exploration, Development and Production of Natural Gas Fields by School Districts.

§  368.  Exploration, development and production of natural gas fields   by school districts. 1. "Natural gas producing facility" as used in this   article shall mean all real  estate,  fixtures,  and  personal  property   operated,  owned,  used  or  to  be used for or in connection with or to   facilitate the production, conveyance, transportation, distribution,  or   furnishing of natural gas.2.  Notwithstanding  any  general  or special law to the contrary, any   school district may engage in the exploration and development of natural   gas fields, and further, may construct, lease, purchase,  own,  acquire,   use  and/or operate any natural gas producing facility which is situated   on real property owned  by  the  school  district  for  the  purpose  of   producing, conveying, transporting and furnishing natural gas for school   district  purposes. A school district producing natural gas in excess of   the amount required for school district purposes may convey,  transport,   furnish, sell or transfer such excess.3.  No school district, other than a city school district, may perform   any of the acts authorized under the provisions of this  section  unless   and until the provisions of the education law relating to voter approval   of such acts have been complied with.4.  Any  school  district  may  acquire the necessary rights to extend   pipes  across  public  highways  or  other  lands  for  the  purpose  of   transporting  natural  gas  from  the  natural gas producing facility to   other real property owned by the school district.5.  Any  school  district  may  finance  the  cost   of   exploration,   development  and  production  of natural gas and the cost of the natural   gas producing facility in whole or in  part  by  levying  taxes  in  the   manner  authorized  by the education law, or the same may be financed in   whole or in part pursuant to the local finance law.6. The exploration, development and production of such natural gas and   the purchase, acquisition, leasing and construction of such natural  gas   producing facility shall be effected by such school district in the same   manner as other contracts, purchases and leases  are effected by and for   such  school  districts  and  shall  be  governed by all laws applicable   thereto.7. All of the provisions of article four of the public service law and   article twenty-three of the environmental conservation law,  so  far  as   the  same  are  applicable,  shall  apply  to  a  school  district which   furnishes to itself natural gas under this section except that a  school   district  need not apply to or obtain from the public service commission   a certificate of authority.8. Nothing herein shall be construed to authorize the sale or transfer   of natural gas by a school  district  to  any  other  person  except  as   provided in subdivision two hereof.9.  For the purposes of this section, school district shall be defined   to  include  a  board  of  cooperative  educational  services,  provided   however,  that the provisions of subdivision three of this section shall   not apply to  such  boards  of  cooperative  educational  services,  and   provided further that:a. No board of cooperative educational services may perform any of the   acts  authorized  under  the provisions of this section unless and until   (i) a proposition is submitted to  the  voters  of  any  such  board  of   cooperative  educational  services  in accordance with the provisions of   subdivision two of section nineteen hundred fifty-one of  the  education   law  and (ii) any such board of cooperative educational services and all   of its component school districts enter into an agreement or  agreements   providing for the performance of any such acts.b.  No such component school district shall enter into an agreement or   agreements unless such agreement or agreements have been approved  by  a    majority vote of the entire voting strength of the board of education of   such a component school district.c. Any such agreement or agreements shall also provide for the sharing   of  the  cost  of exploring, developing or producing natural gas and the   cost of the natural gas producing facility among each  component  school   district.  Such agreement or agreements in addition to providing for all   other matters deemed necessary and proper shall (i) set forth  the  cost   of  such  exploration,  development or production of natural gas and the   cost of the natural gas producing facility and costs incidental  thereto   and (ii) provide for an allocation and apportionment of such costs among   the  component  school  districts on such equitable basis as the parties   thereto shall determine and agree, and the proportion of the total  cost   to  be provided by each such district in accordance with such allocation   and apportionment. Such agreement or agreements shall be executed by all   the component school districts of such board of cooperative  educational   services  and  such  board  of  cooperative  educational  services. Such   agreement or agreements may provide that each component school  district   of  such  a  board  of  cooperative  educational services shall issue an   agreed upon amount of its obligations in a total  amount  sufficient  to   acquire or construct such facilities, or that all component districts of   such  board  shall  together  issue  joint obligations pledging the full   faith and credit for all component districts jointly and that each  such   district  shall  pay  a  specified  share of annual debt service on such   joint obligations in accordance with the provisions of article five-g of   this chapter and applicable provisions of the local finance law.d. Each such component school district is authorized  to  finance  its   share  of the cost of exploring, developing or producing natural gas and   the cost of the natural gas producing facility together with  the  costs   incidental  to such financing, including, but not limited to legal fees,   printing, engraving and publication of notices, either from any  current   funds  legally  available  therefor,  or  by the issuance of obligations   pursuant to the local  finance  law;  provided,  however,  that  (i)  no   approval  of  the  voters  of  such  component  school district shall be   required, (ii) the voting of a special tax or a tax to be  collected  in   installments  shall  not  be  a condition precedent to the adoption of a   bond resolution for such object or purpose, (iii) a majority vote of the   entire voting strength of the board of education shall be sufficient for   adoption of such a bond resolution, which bond resolution may be adopted   at a regular meeting, or a special meeting of  the  board  of  education   called  on  not less than twelve hours oral or written notice, which may   be held either within or outside of such district, (iv)  any  such  bond   resolution  shall  be  adopted  prior  to  the execution by the board of   cooperative educational services and the component school  districts  of   such board of cooperative educational services of the agreement required   by paragraph b of this subdivision.e.  Such agreement shall further provide that title to the natural gas   producing facility shall vest in the board  of  cooperative  educational   services  which  title  shall  be  held  by  the  board  of  cooperative   educational services for the benefit and on behalf of all the  component   school districts of such board executing such agreement.f.  Nothing  herein  contained shall be construed to permit any school   district in a city as defined in subdivision two-b of  section  2.00  of   the  local finance law to contract indebtedness for such specific object   or purpose in excess of the limitation prescribed by  subdivision  b  of   section  104.00  of  such  law, without complying with the provisions of   subdivision c thereof. A school district, other than a  school  district   in  a  city,  may  not  issue  bonds or bond anticipation notes for such   specific object or purpose in excess of  the  limitation  prescribed  by    subdivision  d of section 104.00 of such law, without complying with the   requirements of paragraphs one through three of such subdivision.