Bill Text: NY A08400 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to the special powers of the environmental facilities corporation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to environmental conservation [A08400 Detail]

Download: New_York-2017-A08400-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8400
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 13, 2017
                                       ___________
        Introduced  by  M. of A. OTIS -- read once and referred to the Committee
          on Environmental Conservation
        AN ACT to amend the public authorities law, in relation to  the  special
          powers of the New York state environmental facilities corporation; and
          providing for the repeal of such provisions upon the expiration there-
          of
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 6 of section 1285-j of the  public  authorities
     2  law,  as  amended by chapter 307 of the laws of 2005, is amended to read
     3  as follows:
     4    6. Moneys in  the  water  pollution  control  revolving  fund  may  be
     5  invested  as  provided  in  subdivision  four  of section twelve hundred
     6  eighty-four of this title and may be further invested (a) in  investment
     7  agreements  continuously  secured  by  obligations with any insurance or
     8  reinsurance company or corporate affiliate thereof rated by a nationally
     9  recognized rating agency in one of its two highest categories, any bank,
    10  trust company or broker or dealer, as defined by the securities exchange
    11  act of 1934, which is a dealer in government bonds,  which  reports  to,
    12  trades  with  and is recognized as a primary dealer by a federal reserve
    13  bank and is a member of the securities [investors]  investor  protection
    14  corporation,  if,  (i)  such obligations securing such investment agree-
    15  ments are obligations as set forth in section ten of the general munici-
    16  pal law, (ii) such obligations are delivered to a trustee for the  bene-
    17  fit  of  the  corporation  or,  with  respect to moneys pledged under an
    18  indenture of trust relating to bonds or notes of the corporation, to the
    19  trustee under such indenture, or are supported by a safe keeping receipt
    20  issued by a depository satisfactory to the  corporation  as  applicable,
    21  provided  that such investment agreements must provide that the value of
    22  the underlying obligations shall  be  maintained  at  a  current  market
    23  value,  calculated no less frequently than monthly, of not less than the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13083-01-7

        A. 8400                             2
     1  amount deposited thereunder, (iii) a prior perfected  security  interest
     2  in the obligations which are securing such agreement has been granted to
     3  the  corporation,  as applicable, and (iv) such obligations are free and
     4  clear  of  adverse  third  party claims[,]; or (b) in obligations as set
     5  forth in section ten of the general municipal law that are  rated  by  a
     6  nationally  recognized  rating  agency  in one of its two highest rating
     7  categories or, for obligations set forth in subparagraph (iv)  of  para-
     8  graph  f  of  subdivision one of such section, are rated by a nationally
     9  recognized rating agency in one of its three highest rating categories.
    10    § 2. Subdivision 6 of section 1285-m of the public authorities law, as
    11  amended by chapter 307 of the laws  of  2005,  is  amended  to  read  as
    12  follows:
    13    6.  Moneys  in  the  drinking  water revolving fund may be invested as
    14  provided in subdivision four of section twelve  hundred  eighty-four  of
    15  this title and may be further invested:
    16    (a)  in investment agreements continuously secured by obligations with
    17  any insurance company or  reinsurance  company  or  corporate  affiliate
    18  thereof rated by a nationally recognized rating agency in one of its two
    19  highest  categories,  any  bank,  trust  company or broker or dealer, as
    20  defined by the securities exchange act of 1934, which  is  a  dealer  in
    21  government  bonds,  which reports to, trades with and is recognized as a
    22  primary dealer by a federal reserve bank and is a member of the  securi-
    23  ties  [investors]  investor  protection  corporation, if such investment
    24  agreement provides that:
    25    (i) such obligations securing such  investment  agreements  are  obli-
    26  gations as set forth in section ten of the general municipal law;
    27    (ii) such obligations are to be delivered to a trustee for the benefit
    28  of the corporation or, with respect to moneys pledged under an indenture
    29  of  trust  or  trust  agreement relating to bonds or notes of the corpo-
    30  ration, to the trustee under such indenture or trust agreement,  or  are
    31  supported  by a safe keeping receipt issued by a depository satisfactory
    32  to the corporation as applicable, provided that such  investment  agree-
    33  ments must provide that the value of the underlying obligations shall be
    34  maintained at a current market value, calculated no less frequently than
    35  monthly, of not less than the amount deposited thereunder;
    36    (iii) a prior perfected security interest in the obligations which are
    37  securing  such agreement has been granted to the corporation, such trus-
    38  tee or such depository as applicable; and
    39    (iv) such obligations are  free  and  clear  of  adverse  third  party
    40  claims; or
    41    (b)  in obligations as set forth in section ten of the general munici-
    42  pal law that are rated by a nationally recognized rating agency  in  one
    43  of  its  two  highest rating categories, or for obligations set forth in
    44  subparagraph (iv) of paragraph f of subdivision one of such section, are
    45  rated by a nationally recognized rating agency in one of its three high-
    46  est rating categories.
    47    § 3. This act shall take effect immediately; provided,  however,  that
    48  the  amendments  to subdivision 6 of section 1285-j and subdivision 6 of
    49  section 1285-m of the public authorities law made by  sections  one  and
    50  two  of  this  act shall not affect the expiration and reversion of such
    51  subdivisions and shall expire therewith.
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