NY Pub Auth L § 1728 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 6 - The New York City School Construction Authority Act 1728 - Powers and Duties of the Authority.

§  1728.  Powers and duties of the authority. The authority shall have   the following powers and duties:1. To sue and be sued;2. To have a seal or alter the same at pleasure;3. To make and alter by-laws for the organization and  the  management   and regulation of its affairs;4.  To  appoint  officers  and  employees,  fix their compensation and   require background investigations, including  but  not  limited  to  the   criminal  history  of  all  applicants  for  employment to determine the   suitability of such applicants for employment. Such investigation  shall   include  but  not  be  limited  to  the  taking  of fingerprints of such   officers and employees  as  a  prerequisite  for  employment;  provided,   however,   that  every  set  of  fingerprints  taken  pursuant  to  this   subdivision shall be promptly submitted  to  the  division  of  criminal   justice services where it shall be appropriately processed and forwarded   to  the  federal  bureau  of  investigation,  at a rate required by such   agencies for state and national criminal history record checks;5. To design, construct, reconstruct, improve, rehabilitate, maintain,   furnish, repair, equip and otherwise provide for educational facilities,   as defined in section twenty-five hundred ninety-a of the education law,   for the city board pursuant to agreements with the city board;6. To acquire real and personal property, or any interest therein,  by   any  method,  including but not limited to purchase or condemnation, for   the purpose of constructing, reconstructing, improving,  rehabilitating,   maintaining, repairing, furnishing, equipping or otherwise providing for   educational  facilities  for the city board; provided, however, that the   authority shall use such condemnation power only  if  the  authority  is   unable  to  purchase  property  by  negotiation  or bidding and provided   further that, except to the  extent  permitted  by  subdivision  two  of   section  seventeen  hundred twenty-nine of this title, the authority may   not condemn property dedicated to use, used or mapped as a  city  street   or  any  other property owned by, or subject to any interest therein, of   the city of New York;7. To make and execute contracts and all other  instruments  necessary   or  convenient  for  the  exercise  of its functions, powers and duties,   provided that  the  authority  may  not  unless  otherwise  specifically   authorized by law issue negotiable bonds or notes;8.  To  engage the services of private consultants on a contract basis   for rendering professional and technical assistance and advice;9. To enter into agreements with the city board pursuant to which  the   authority will be responsible for the acquisition, design, construction,   reconstruction,  improvement,  rehabilitation,  maintaining,  repairing,   furnishing,  equipping  of  and  otherwise  providing  for   educational   facilities for the city board, provided, however, that (i) any agreement   under  which  the authority shall engage in maintenance shall be limited   to maintenance that is attendant to the authority's implementation of  a   five-year educational facilities capital plan; (ii) nothing herein shall   be  deemed  to  diminish  the  rights of school custodians and custodian   engineers as established in the existing collective bargaining agreement   with the city board or  other  custodian  or  maintenance  employees  as   established  in  their  respective collective bargaining agreements; and   (iii) further provided that the authority is not empowered to engage  in   custodial operations;10.  Notwithstanding  the  provisions  of  section  two  thousand five   hundred four of the insurance law or any other law, to procure insurance   on behalf of itself and others against any loss in connection  with  its   activities,  properties  and other assets, in such amounts and from such   insurers as it deems desirable; provided that the  authority  may  enter    into  agreements with the city, acting by the mayor alone, providing for   indemnification by the city of the authority against tort  and  contract   judgments  and claims, which agreements may contain provisions requiring   legal  representation of the authority by the corporation counsel of the   city and specifying any insurance to be carried by the authority,  which   provisions  shall  supersede  any agreements with the city board on such   subject;11. Upon  completion  of  the  design,  construction,  reconstruction,   improvement,   rehabilitation,   maintaining,   repairing,   furnishing,   equipping of or  otherwise  providing  for  educational  facilities,  to   convey  title  to any such facilities to the city for use as educational   facilities by the city board. In  the  case  of  educational  facilities   leased  by  the  authority,  the  city  board  may occupy or sublet such   facilities from the authority without compensation and  without  further   approval and, upon transfer or assignment of the authority's interest in   these  facilities  to  the  city  board, the city board shall assume all   rights and obligations of the authority under such lease;12. To dispose of personal property and, with the consent of the city,   acting by the mayor and the council, to dispose of real property, or any   interest therein, held by the authority and not required for educational   purposes of the city board,  by  sale,  lease,  sublease  or  otherwise,   provided  that  such  disposition is pursuant to the implementation of a   five-year educational facilities capital plan;13. To enter into  agreements  with  the  city's  department  of  city   planning to render any services the authority may request, including but   not  limited  to  professional  and  technical  assistance  by  planning   experts, engineers, architects and any other staff as may be  necessary,   and  the  use  of the premises, personnel, equipment, access to relevant   data and personal property of the department of city planning;13-a. To enter into agreements with the city's  department  of  health   and  mental  hygiene  to  render any services the authority may request,   including but not  limited  to  access  to  data  necessary  to  develop   reasonable  student  population projections citywide, for each community   school district and for each community board;13-b. To enter into agreements with the city's department of buildings   to render any services the authority  may  request,  including  but  not   limited  to  access  to building permit and construction data, including   the number and size of units within buildings;13-c. To enter into agreements with the city's department  of  housing   preservation  and  development  to render any services the authority may   request, including but not limited to  access  to  building  permit  and   construction  data,  including  the  number  and  size  of  units within   buildings;13-d. To coordinate with the office of city planning,  the  department   of  buildings,  the  department of housing preservation and development,   the department of health and mental  hygiene  and  community  boards  to   create  uniform,  citywide  student  population  projections,  community   school district and community board, for a minimum of five years,  based   on  data  produced  by  the  office  of city planning, the department of   buildings, the department of housing preservation  and  development  and   the  department  of health and mental hygiene. Such projections shall be   used in the creation and implementation  of  the  authority's  five-year   educational facilities capital plan;14.  To  enter into agreements with the city board to render services,   including but not limited to the use  of  the  premises,  personnel  and   personal property of the city board, and to provide for reimbursement to   the  city board from the authority for any expenses incurred by the city   board in carrying out the terms of these agreements; 15. To enter into agreements with the city board pursuant to which the   city board may make available to the authority the services of employees   of the city  board  who  are  contemplated  to  be  transferred  to  the   authority  pursuant  to  a  plan  for  such transfers for the purpose of   rendering  assistance  in  establishing the operations of the authority;   provided, however, that such employees shall no longer be  available  to   the  authority pursuant to the terms of this subdivision beyond one year   following the effective date of this title;16. To apply for or accept any gifts, grants  or  loans  of  funds  or   property  or  financial  or  other  aid  in  any  form  from the federal   government or any agency or instrumentality thereof, from the  state  or   any  agency  or  instrumentality thereof, from the city or any agency or   instrumentality thereof or from any other source, for any or all of  the   purposes  specified  in  this  title,  and it may comply, subject to the   provisions of this title, with the terms and conditions thereof; and17. To do any and all things necessary or convenient to carry out  and   exercise the powers given and granted by this section.