2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 11-A - Niagara Frontier Transportation Authority › 1299-F - Special Powers of the Authority.

§  1299-f. Special powers of the authority. In order to effectuate the
  purposes of this title: 1. The authority may acquire, by purchase, gift,
  grant, transfer, contract or lease, any transportation facility,  wholly
  or  partially within the Niagara Frontier transportation district or any
  part thereof, or the use thereof, and may enter into any  joint  service
  arrangements  as  hereinafter  provided.  Any  such acquisition or joint
  service arrangement shall  be  authorized  only  by  resolution  of  the
  authority  approved  by  not less than a majority of the whole number of
  members of the authority then in office.  In  addition  to  and  not  in
  limitation  of  any  other  power  conferred  upon  the authority by the
  provisions  of  this  title,  the  authority  is  hereby  empowered  and
  authorized  in  respect  of any property and assets at any time owned or
  held by, or under the jurisdiction of, the Buffalo and Fort Erie  public
  bridge  authority, to accept and receive any such interest therein as it
  may have been or may hereafter be designated by  the  state  by  law  to
  receive,  and  in  respect  thereof, except as otherwise provided by the
  designating statute, it shall have and exercise all of  the  powers  and
  jurisdiction  herein conferred upon it in respect of any other property,
  rights, assets, facilities and projects in any other manner acquired  or
  from  any other source received by it pursuant to the provisions of this
  title.
2. The authority may on such terms and conditions as the authority may
  determine  necessary,  convenient   or   desirable   itself   establish,
  construct,  effectuate,  operate, maintain, renovate, improve, extend or
  repair any  such  transportation  facility,  or  may  provide  for  such
  establishment,   construction,   effectuation,  operation,  maintenance,
  renovation, improvement, extension or  repair  by  contract,  lease,  or
  other  arrangement  on  such  terms as the authority may deem necessary,
  convenient or desirable with any person, including but  not  limited  to
  any  common  carrier  or freight forwarder, the state, any state agency,
  the federal government, any other state  or  agency  or  instrumentality
  thereof,  any public authority of this or any other state, any political
  subdivision or municipality of the state, or the nation.  In  connection
  with  the  operation  of any such transportation facility, the authority
  may  establish,  construct,  effectuate,  operate,  maintain,  renovate,
  improve,  extend  or  repair  or may provide by contract, lease or other
  arrangement   for   the   establishment,   construction,   effectuation,
  operation,  maintenance, renovation, improvement, extension or repair of
  any related services and activities it deems  necessary,  convenient  or
  desirable,  including  but not limited to the transportation and storage
  of  freight  and  the  United  States  mail,   feeder   and   connecting
  transportation,  parking  areas,  transportation  centers,  stations and
  related facilities.
3. The authority may establish,  levy  and  collect  or  cause  to  be
  established,  levied  and  collected and, in the case of a joint service
  arrangement, join with others in the establishment, levy and  collection
  of  such  fares, tolls, rentals, rates, charges and other fees as it may
  deem necessary, convenient or desirable for the use and operation of any
  transportation facility and related services operated by  the  authority
  or by a subsidiary corporation of the authority or under contract, lease
  or  other  arrangement,  including  joint service arrangements, with the
  authority. Any such fares, tolls, rentals, rates, charges or other  fees
  for  the  transportation  of passengers shall be established and changed
  only if approved by resolution of the authority adopted by not less than
  a majority of the whole number of  members  of  the  authority  then  in
  office  and  only  after a public hearing, provided however, that fares,
  tolls, rentals, rates, charges or other fees for the  transportation  of
  passengers  on  any  transportation  facility which are in effect at the

  time that the then owner  of  such  transportation  facility  becomes  a
  subsidiary corporation of the authority or at the time that operation of
  such  transportation  facility  is  commenced  by  the  authority  or is
  commenced  under  contract,  lease  or other arrangement including joint
  service arrangements, with the authority  may  be  continued  in  effect
  without  such  a hearing. Such fares, tolls, rentals, rates, charges and
  other fees shall be established as may in the judgment of the  authority
  be  necessary  to  maintain the combined operations of the authority and
  its  subsidiary  corporations  on  a  self-sustaining  basis.  The  said
  operations  shall be deemed to be on a self-sustaining basis as required
  by this title, when the authority is able to pay or  cause  to  be  paid
  from  revenue  and any other funds or property actually available to the
  authority and its subsidiary corporations (a) as the same  shall  become
  due,  the  principal  of  and  interest on the bonds and notes and other
  obligations of  the  authority  and  of  such  subsidiary  corporations,
  together  with the maintenance of proper reserves therefor, (b) the cost
  and expense of keeping the properties and assets of  the  authority  and
  its  subsidiary  corporations  in good condition and repair, and (c) the
  capital and operating expenses  of  the  authority  and  its  subsidiary
  corporations.   The authority may contract with the holders of bonds and
  notes with respect to the exercise of  the  powers  authorized  by  this
  section.
4.  The  authority  may  establish  and,  in the case of joint service
  arrangements, join with others in the establishment  of  such  schedules
  and  standards  of  operations  and  such  other  rules  and regulations
  including but not limited to rules and regulations governing the conduct
  and safety of the  public  as  it  may  deem  necessary,  convenient  or
  desirable  for  the use and operation of any transportation facility and
  related services operated by the authority or under contract,  lease  or
  other  arrangement,  including  joint  service  arrangements,  with  the
  authority. Such rules and regulations governing the conduct  and  safety
  of  the public shall be filed with the department of state in the manner
  provided by section one hundred two of the executive law. In the case of
  any conflict between any  such  rule  or  regulation  of  the  authority
  governing  the  conduct  or  safety  of  the  public  and any local law,
  ordinance, rule or regulation, such rule or regulation of the  authority
  shall prevail. Violation of any such rule or regulation of the authority
  governing  the  conduct  or  the  safety  of  the  public in or upon any
  facility of the authority shall  constitute  an  offense  and  shall  be
  punishable by a fine not exceeding fifty dollars or imprisonment for not
  more than thirty days or both, or may in the alternative be designated a
  transit   infraction   punishable  by  the  imposition  by  the  transit
  adjudication bureau established pursuant to the provisions of this title
  of a civil penalty in an amount for any one violation of not  to  exceed
  two  hundred  fifty  dollars,  exclusive  of  interest or costs assessed
  thereon, in accordance with a schedule of such  penalties  as  may  from
  time  to time be established by the authority. There shall be no penalty
  or increment in fine by virtue of a respondent's timely exercise of  his
  right to a hearing or appeal.  The rules may provide, in addition to any
  other sanctions, for the confiscation of tokens, tickets, cards or other
  fare  media  that have been forged, counterfeited, improperly altered or
  transferred, or otherwise used in a manner inconsistent with such rules.
5. The authority may acquire, hold, own, lease, establish,  construct,
  effectuate,  operate,  maintain, renovate, improve, extend or repair any
  of its facilities through, and cause any one  or  more  of  its  powers,
  duties,  functions or activities to be exercised or performed by, one or
  more wholly owned subsidiary  corporations  of  the  authority  and  may
  transfer  to or from any such corporation, or between such corporations,

  any moneys, real property or other  property  or  the  services  of  any
  officers,  employees  or  consultants  for  any  of the purposes of this
  title. The directors or members  of  each  such  subsidiary  corporation
  shall  be  the  same  persons  holding  the  offices  of  members of the
  authority. Each such subsidiary corporation and  any  of  its  property,
  functions  and  activities shall have all of the privileges, immunities,
  tax exemptions  and  other  exemptions  of  the  authority  and  of  the
  authority's  property,  functions  and  activities. Each such subsidiary
  corporation shall be subject to  the  restrictions  and  limitations  to
  which  the  authority  may  be subject. Each such subsidiary corporation
  shall be subject to suit  in  accordance  with  section  twelve  hundred
  ninety-nine-p  of  this  title.  The  employees  of  any such subsidiary
  corporation, except those who are also employees of the authority, shall
  not be deemed employees of the authority.
If the authority shall determine that one or more  of  its  subsidiary
  corporations  should  be in the form of a public benefit corporation, it
  shall create each such  public  benefit  corporation  by  executing  and
  filing with the secretary of state a certificate of incorporation, which
  may  be  amended  from time to time by filing, which shall set forth the
  name of such public benefit subsidiary corporation,  its  duration,  the
  location  of  its  principal  office,  and any or all of the purposes of
  acquiring, owning, leasing,  establishing,  constructing,  effectuating,
  operating,  maintaining,  renovating,  improving, extending or repairing
  one or more facilities  of  the  authority.  Each  such  public  benefit
  subsidiary  corporation  shall be a body politic and corporate and shall
  have all those powers vested in the authority by the provisions of  this
  title  which the authority shall determine to include in its certificate
  of incorporation except the power to contract indebtedness.
Any other  provision  of  law  to  the  contrary  notwithstanding  the
  authority  may  elect  to  maintain  consolidated records of account for
  itself and its subsidiary corporations and to report on  a  consolidated
  basis  with regard to the moneys and activities of the authority and its
  subsidiary corporations, and the authority shall not be required to keep
  separate records of account for or to report separately with  regard  to
  moneys  or  activities  of  any of its subsidiary corporations or of the
  authority itself apart from its subsidiary corporations or  with  regard
  to  transfers  of  property  or  services  between the authority and its
  subsidiary corporations or between said subsidiary corporations.
The Niagara Frontier port authority shall be deemed to be a subsidiary
  corporation for the purposes of this subdivision.
Whenever any state, political subdivision,  municipality,  commission,
  agency, officer, department, board, division or person is authorized and
  empowered  for any of the purposes of this title to co-operate and enter
  into agreements with the authority such  state,  political  subdivision,
  municipality,  commission,  agency, officer, department, board, division
  or person shall have the same authorization and power for  any  of  such
  purposes  to  co-operate  and  enter  into  agreements with a subsidiary
  corporation of the authority.
6. The authority, in its own name or in the name  of  the  state,  may
  apply  for and receive and accept grants of property, money and services
  and other assistance offered or made available  to  it  by  any  person,
  government  or  agency  whatever,  which  it  may use to meet capital or
  operating expenses and for any other use within the scope of its powers,
  and to negotiate for the same upon such  terms  and  conditions  as  the
  authority may determine to be necessary, convenient or desirable.
7.  The  authority may do all things it deems necessary, convenient or
  desirable to manage, control and direct the maintenance and operation of
  transportation facilities, equipment or real  property  operated  by  or

  under contract, lease or other arrangement with the authority. Except as
  hereinafter   specially   provided,   no   municipality   or   political
  subdivision, including but not limited to a county, city, village,  town
  or  school or other district shall have jurisdiction over any facilities
  of the authority or any of its activities  or  operations.    The  local
  laws,  resolutions,  ordinances, rules and regulations of a municipality
  or political subdivision, heretofore or hereafter  adopted,  conflicting
  with this title or any rule or regulation of the authority, shall not be
  applicable  to  the  activities  or  operations of the authority, or the
  facilities of the authority, except such facilities that are devoted  to
  purposes  other  than  transportation  purposes.  Each  municipality  or
  political subdivision, including but not  limited  to  a  county,  city,
  village,  town  or district in which any facilities of the authority are
  located shall provide  for  such  facilities  police,  fire  and  health
  protection  services  of  the  same  character and to the same extent as
  those  provided  for  residents  of  such  municipality   or   political
  subdivision.
The  jurisdiction, supervision, powers and duties of the department of
  transportation of the state  under  the  transportation  law  shall  not
  extend  to the authority in the exercise of any of its powers under this
  title. The authority may agree with such department for the execution by
  such department of any grade crossing elimination project or  any  grade
  crossing  separation  reconstruction project along any railroad facility
  operated by the authority or by one of its  subsidiary  corporations  or
  under  contract, lease or other arrangement with the authority. Any such
  project  shall  be  executed  as  provided  in  article   ten   of   the
  transportation  law and the railroad law, respectively, and the costs of
  any such project shall be borne as provided in such  laws,  except  that
  the authority's share of such costs shall be borne by the state.