2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 12 - New York State Environmental Facilities Corporation › 1285-A - Construction, Operation and Maintenance of Air Pollution Control Facilities, Water Management Facilities and Storm Water Collecting Systems.

§  1285-a.  Construction,  operation  and maintenance of air pollution
  control  facilities,  water  management  facilities  and   storm   water
  collecting systems. 1. The corporation and any municipality having power
  to   construct   air  pollution  control  facilities,  water  management
  facilities or storm water  collecting  systems,  by  resolution  of  its
  governing  body  may  enter  into a contract for the construction of air
  pollution control facilities, water management facilities or storm water
  collecting systems by the corporation for such  municipality  upon  such
  terms   and   conditions  as  the  corporation  shall  determine  to  be
  reasonable, including but not limited to reimbursement of all  costs  of
  such construction and claims arising therefrom.
2.  The corporation and any state agency having power to construct air
  pollution control facilities,  water  management  facilities,  or  storm
  water  collecting systems may enter into a contract for the construction
  of air pollution control  facilities,  water  management  facilities  or
  storm  water collecting systems by the corporation for such state agency
  upon such terms and conditions as the authority and  such  state  agency
  shall   determine  to  be  reasonable,  including  but  not  limited  to
  reimbursement of all costs  of  such  construction  and  claims  arising
  therefrom.
3.  The  corporation  and  any municipality having power to construct,
  operate and maintain air pollution control  facilities  or  storm  water
  collecting systems, by resolution of its governing body may enter into a
  contract   pursuant  to  which  the  corporation  may  provide  for  the
  treatment, neutralization and disposal of gaseous wastes and  other  air
  pollutants,  by  means  of  air  pollution  control facilities owned and
  constructed by the  corporation  and  operated  and  maintained  by  the
  corporation   or,  for  and  on  behalf  of  the  corporation,  by  such
  municipality or by any person as may be approved by the corporation  and
  such  municipality, or for the collection and conveyance of storm waters
  by means of storm water collecting systems owned and constructed by  the
  corporation  for  and  on  behalf of such municipality. Such contract or
  contracts shall be in accordance  with  the  provisions  of,  and  shall
  contain  the same terms, conditions and requirements as are set forth in
  subdivision three of section twelve hundred eighty-five of  this  title,
  provided,  however,  any  such contract providing for the collection and
  conveyance of storm waters by means of storm  water  collecting  systems
  owned and constructed by the corporation shall expressly provide for the
  vesting  of  title  to  such  storm  water  collecting  system  in  such
  municipality in accordance with the provisions of paragraph (c) of  said
  subdivision  three  of section twelve hundred eighty-five of this title,
  and that such storm  water  collecting  system  shall  be  operated  and
  maintained  by  such  municipality upon such terms and conditions as the
  corporation shall determine to be reasonable.
4. The corporation and any state agency having power  to  operate  and
  maintain  air  pollution control facilities, water management facilities
  or storm water collecting systems may enter into  a  contract  with  the
  corporation  for  the operation and maintenance of air pollution control
  facilities,  water  management  facilities  or  storm  water  collecting
  systems  by  the  corporation for and on behalf of such state agency; or
  the corporation and any such state agency  may  enter  into  a  contract
  pursuant  to  which  the  corporation  may  provide  for  the treatment,
  neutralization and disposal of gaseous wastes and other air  pollutants,
  the  furnishing  of a public water supply, the collection and conveyance
  of storm waters by means of  air  pollution  control  facilities,  water
  management facilities or storm water collecting systems, as the case may
  be, owned and constructed by the corporation and operated and maintained
  by  the  corporation  or  for  and on behalf of the corporation, by such

  state agency or by any person as may be approved by the corporation  and
  such  state  agency.  Any  such contract or contracts shall be upon such
  terms and conditions as the corporation  and  such  state  agency  shall
  determine   to   be   reasonable,  including  but  not  limited  to  the
  reimbursement of all costs  of  planning,  financing,  construction  and
  operation  and  maintenance  and  any  claims arising therefrom. No such
  contract shall be deemed to be a contract for public works  or  purchase
  within the meaning of the state finance law.
5.  The  corporation  may  make  loans  to  any  municipality  for the
  construction of any air pollution  control  facility,  water  management
  facility  or  storm  water  collecting  system  or  to  any state agency
  authorized to issue bonds or notes not constituting a debt or  liability
  of  the  state  within the meaning of section eleven of article seven of
  the state constitution,  for  the  construction  of  any  air  pollution
  control  facility,  water management facility, or storm water collecting
  system. The corporation may accept as evidence of  the  indebtedness  of
  any  such  municipality or any state agency authorized to issue bonds or
  notes not constituting a debt or  liability  of  the  state  within  the
  meaning  of  section  eleven of article seven of the state constitution,
  only the municipal bonds or notes of such municipality or bonds or notes
  of such state agency. Any such loans shall be in an  amount  or  amounts
  not  to  exceed the cost of construction of any such project required to
  be financed by the municipality or such state agency. In connection with
  the making of any such loans, the corporation may fix and  collect  fees
  and  charges, including but not limited to reimbursement of all costs of
  financing by the corporation, as the corporation shall determine  to  be
  reasonable. Any such loan by the corporation to a state agency as herein
  provided,  shall  be  subject  to  the  approval  of the director of the
  budget.