2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 32 - Albany County Airport Authority › 2784 - County Approval of Capital Projects.

§ 2784. County approval of capital projects. 1. It is the intention of
the  county  to  select  and  approve  a  specific airport redevelopment
program for the Albany county airport upon  completion  of  the  federal
aviation   administration   and  New  York  state  environmental  review
processes initiated in January of nineteen hundred ninety-two by  Albany
county  for the Albany county airport development project, which project
is identified in the  "Draft  SEQR  Environmental  Impact  Statement/FAA
Environmental  Assessment  prepared  for  the FAA/Eastern Region and the
Albany County Legislature," by Louis Berger & Associates, Inc. and which
two volume document was accepted as complete and adequate for public and
agency review by Resolution one hundred fifty-seven of nineteen  hundred
ninety-three  (March  8,  1993). The Albany county airport redevelopment
program will be determined by the Albany county legislature as  part  of
the  adoption  of  a  state  environmental  quality  review act findings
statement  for  said  environmental  impact  statement.    The   airport
redevelopment  program  referred  to  in  this  subdivision shall not be
subject to the provisions of subdivision two of this section.
2. No capital project, other than the redevelopment project  described
in subdivision one of this section, shall be undertaken by the authority
unless  it  shall  first have been approved by the county legislature as
part of a five-year capital program plan. For purposes of this  section,
the  term  "capital  project"  shall  be  defined  as  the construction,
reconstruction or acquisition of airport or aviation facilities.
3. (a) On or before September first, nineteen hundred ninety-five, and
on or before  September  first  of  every  fifth  year  thereafter,  the
authority shall submit to the county legislature a capital projects plan
for the five year period commencing January first of the following year.
The  plan  shall  set  goals  and  objectives  for  capital spending and
describe each capital project proposed to be initiated in  each  of  the
years covered by the plan. Each plan shall also set forth an estimate of
the  amount  of  capital  funding  required  each  year and the expected
sources of such funding. Each plan subsequent to the first such plan and
each proposed amendment or modification thereof shall also describe  the
current  status  of  capital  projects  included  in previously approved
plans.
(b) (1) A plan may be approved by the county legislature by a majority
vote of the members. If the plan is not voted on within ninety  days  of
its  submission  to  the  legislature,  it  shall  be  deemed  approved;
provided, however, that the legislature may agree  to  extend  the  time
period in which it must vote on the plan.
(2)  If  the  plan  is  not  approved,  the  authority  may thereafter
reformulate and resubmit for approval such plan  at  any  time.  If  the
reformulated  plan  is  not  voted  on  within  forty-five  days  of its
submission to the legislature, it shall be  deemed  approved;  provided,
however,  that  the  legislature  may agree to extend the time period in
which it must vote on the reformulated plan.
(c) The  authority  may  from  time  to  time  submit  to  the  county
amendments   or   modifications  to  the  plan.  If  the  amendments  or
modifications are not voted on within forty-five days of its  submission
to the legislature, it shall be deemed approved; provided, however, that
the  legislature  may  agree  to extend the time period in which it must
vote on the amended or modified plan.
4. The disapproval of a plan  by  the  county  legislature  shall  not
affect:  (a)  the  right  of  the  authority  to issue bonds or notes to
finance a capital project which was initiated prior to such  disapproval
in  conformity  with  a  previously  approved plan; (b) the right of the
authority  to  issue  its  bonds,  notes,  lease,  sublease   or   other
contractual obligations in payment for a project initiated prior to such

disapproval in conformity with a previously approved plan; (c) the right
of  the  authority  to issue bonds or notes to refund or otherwise repay
any of its outstanding bonds  or  notes  or  to  fulfill  any  of  their
obligations  to  the holders of any of their outstanding bonds or notes;
or (d) the right of the authority to  issue  its  bonds,  notes,  lease,
sublease  or  other contractual obligations to refund or otherwise repay
any of its  outstanding  bonds  or  notes  or  to  fulfill  any  of  its
obligations to the holders of any of its outstanding bonds or notes.