NY Pub Auth L § 553-E (2021)
2021 New York Laws PBA - Public Authorities Article 3 - Bridge and Tunnel Authorities Title 3 - Triborough Bridge Authority 553-E - Laws Applicable to Certain Activities.

§  553-e.  Laws  applicable  to  certain  activities.  1.  (a)  In its performance of any project authorized by paragraph (m), (n), (o), (p) or (r) of subdivision nine of section  five  hundred  fifty-three  of  this title, the authority shall not be deemed the agent or instrumentality of any  other  public  benefit or municipal corporation notwithstanding the fact that title to any  real  or  personal  property  (or  any  interest therein)  which  is  the subject of or is a part of such project is held by, or upon completion of such project is to be transferred to, any such entity, and the provisions of section five hundred  fifty-nine  of  this title  shall  not be applicable with respect to any such project. In its performance of any such project for the New York city transit authority, however, the provisions of section twelve hundred nine of  this  chapter shall  apply  to the authority as if it were the "authority" referred to therein.  (b) Neither the provisions of section one  hundred  ninety-seven-c  of the  New  York  city  charter,  relating  to  a  uniform land use review procedure, nor the provisions of any other local law of the city of  New York  of  like  or  similar  tenor  or  import  shall  apply  (i) to the acquisition of any real property  (or  any  interest  therein)  for  the purposes of any such project by the city or by the New York city transit authority or any of its subsidiaries; (ii) to the subsequent transfer of any  real property (or interest therein) so acquired to the authority or its designee for the purposes of such project or to the transfer to  the authority  or  its  designee  for such purposes of any real property (or interest therein) then owned by the city or by the New York city transit authority or any such subsidiary; nor  (iii)  to  the  transfer  to  the authority  or  its  designee  for  such  purposes  of  the right of use, occupancy, control or possession  of  any  real  property  (or  interest therein),  whether  presently owned or hereafter acquired by the city or by the New York city transit authority or any such subsidiary;  provided in  each  such  case,  however,  that  if  at  the time of such proposed acquisition or transfer the real property which is the subject  of  such acquisition  or  transfer  is  not  then being utilized for a transit or transportation purpose or is  not  an  insubstantial  addition  to  such property  contiguous  thereto; (a) the authority proposing to acquire or receive such property shall, unless a submission with  respect  to  such property  has  previously  been  made  and  approved as herein provided, submit to the community board for the community district in  which  such property  is  located,  data  with  respect  to the proposed use of such property and to the design of any facility proposed  to  be  constructed thereon;  (b) such community board shall inform the board of estimate of the city of New York, with copies to the city planning commission of the city of  New  York  and  the  proposing  authority,  of  its  views  and recommendations  with  respect  thereto  within  forty-five days of such submission, and if the community board shall fail to so inform the board of estimate within such period it shall be deemed  to  have  recommended the  proposal;  and  (c)  the board of estimate shall, within forty-five days of the recommendation of the community board, approve or disapprove such acquisition or transfer, and if the board of estimate shall fail to act within such period it shall be deemed to have approved the same.   2. After the  transfer,  transfer  back,  lease  or  sublease  by  the authority  of  any  such project or part thereof, actions for damages to real or personal  property  or  for  the  destruction  thereof,  or  for personal  injuries  or  death, based upon the use, condition or state of such  project  or  part  thereof  may  not  be  instituted  against  the authority,  which  shall  have  no  liability  or  responsibility to the transferee, lessee or sublessee or to third parties therefor.    3. If any property, real or personal (or any interest therein), needed or useful for or in connection with any such project  is  owned  by  any municipal  corporation,  such corporation may transfer the same, with or without consideration, to the authority for such purpose,  and  if  such property  is  owned  by  the  city  of New York, such transfer may be by action of its mayor alone.   4. The authority, upon suitable notice to and an offer to consult with an officer designated by the city of New York, may occupy the streets of the city of New York for the purpose of doing any work over or under the same in connection with any such  project  without  the  consent  of  or payment to the city of New York.   5. The providing of any such project for the use or benefit of the New York city transit authority or any of its subsidiaries shall not relieve the  city  of  its  obligations under law or by lease to pay the capital costs of the said authority or of its subsidiaries.   6. Except as the authority shall otherwise agree, title  to  any  such project  or  any  part thereof or interest therein which shall have been transferred, leased or subleased to the New York city transit  authority or its designated subsidiary, shall remain in such transferee, lessee or sublessee,  any provisions of title nine of article five of this chapter or of any lease or other agreement entered into under the provisions  of that title to the contrary notwithstanding.   7.  The  metropolitan  transportation  authority,  the  New  York city transit authority and the designated subsidiaries of each  of  them  are each  hereby  authorized  (i)  to request the authority to undertake any such project; (ii) to acquire in its  own  name  by  gift,  purchase  or condemnation,  and,  additionally,  in  the  case  of  the  metropolitan transportation authority, by appropriation pursuant  to  section  twelve hundred sixty-seven-a of this chapter, any real or personal property (or any  interest  therein),  which is needed or useful for or in connection with such project, the provisions of any lease or other  agreement  with the  city  to  the  contrary  notwithstanding, and to surrender the use, occupancy, control or possession of or to transfer the same, or  of  any other  such real or personal property (or any interest therein) which it owns, leases, operates or controls, to the authority; (iii) to accept  a transfer,  transfer  back, lease or sublease of any such project or part thereof upon its completion; (iv) to undertake any such project  itself, or  to  finance, through loans, leases or otherwise, any other person or entity, public or private, to do so, in each case using funds granted by the authority to pay  all  or  any  part  of  the  costs  thereof  (such undertaking,  in the case of the New York city transit authority and its subsidiary, the Manhattan and Bronx surface transit operating authority, being free  of  any  restriction  set  forth  in  subparagraph  (ii)  of paragraph  b  of  subdivision  one of section twelve hundred three or in paragraph (c) of subdivision five of section twelve hundred  three-a  of this  chapter);  and  (v)  to  make its agents, employees and facilities available to the authority in connection therewith.   8. No such project to be constructed upon  real  property  theretofore used  for  a  transit  or transportation purpose, or on an insubstantial addition to such property contiguous thereto, which will not change in a material  respect  the  general  character  of  such  prior  transit  or transportation  use,  nor any acts or activities in connection with such project, shall be subject to the provisions of article eight,  nineteen, twenty-four  or twenty-five of the environmental conservation law, or to any local law or ordinance adopted pursuant to  any  such  article.  Nor shall any project or acts or activities in connection therewith taken by any person or entity, public or private, pursuant to paragraph (m), (n), (o), (p), or (r) of subdivision nine of section five hundred fifty-three  of  this  title  be  subject  to  the provisions of article eight of the environmental conservation law if such project, acts or activities to be taken in connection therewith require the  preparation  of  a  statement under   or  pursuant  to  any  federal  law  or  regulation  as  to  the environmental impact thereof.   9. In connection with the negotiation,  award  and  implementation  of contracts  of  the authority relating to any project hereafter initiated pursuant to paragraphs (m), (n), (o), (p) and (r) of subdivision nine of section five hundred  fifty-three  of  this  title,  the  provisions  of paragraphs  (a),  (b),  (c)  and  (d) of subdivision thirteen of section twelve hundred sixty-six-c of this chapter shall apply to the  authority as  if  it  were  the  "authority"  referred to therein, and the officer designated by the  metropolitan  transportation  authority  pursuant  to paragraph  (e)  of  that  subdivision  shall  perform the duties therein described with respect to such contracts of the authority.   10. The financing of any such project through the issuance of bonds or notes of the authority shall be subject to  the  provisions  of  section twelve hundred sixty-nine-b of this chapter.   11.  The  aggregate  principal  amount  of  bonds and notes issued and outstanding at any time to finance  projects  authorized  by  paragraphs (m),  (n),  (o), (p) and (r) of subdivision nine of section five hundred fifty-three of this title shall  not  exceed  one  billion  one  hundred million   dollars   through   December  thirty-first,  nineteen  hundred eighty-six and three billion two  hundred  million  dollars  thereafter, provided  however  that  such latter amount shall not exceed two billion two hundred million dollars for all bonds and  notes  other  than  those issued  pursuant  to  section  five hundred fifty-three-d of this title. This limitation shall not include (i) bonds and notes issued  to  refund or  otherwise repay bonds or notes theretofore issued for such purposes, (ii) bonds issued to fund any reasonably required debt  service  reserve fund  for  bonds  and  notes,  and (iii) an amount equal to any original issue discount from the prinicipal amount of any bonds or  notes  issued and  then outstanding. From the proceeds of the bonds and notes provided for in the first sentence of this subdivision, other than bonds or notes authorized by section five hundred  fifty-three-d  of  this  title,  the authority  shall  not  expend more than one billion three hundred twenty million dollars for  transit  projects  as  defined  in  section  twelve hundred  sixty-six-c  of this chapter nor more than eight hundred eighty million dollars for transportation facilities as such term is defined in subdivision fourteen of section twelve hundred sixty-one of this chapter other than marine or aviation  facilities.  For  the  purposes  of  this subdivision,  facilities  under  the  jurisdiction  of the Staten Island rapid transit operating authority shall be considered transit projects.