Bill Text: NY S03967 | 2015-2016 | General Assembly | Introduced
Bill Title: Creates the Peconic Bay Regional Transportation Authority, embracing the towns of Brookhaven, East Hampton, Riverhead, Shelter Island, Southampton, and Southold in the county of Suffolk.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO TRANSPORTATION [S03967 Detail]
Download: New_York-2015-S03967-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3967 A. 5511
2015-2016 Regular Sessions
S E N A T E - A S S E M B L Y
February 24, 2015
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Transporta-
tion
IN ASSEMBLY -- Introduced by M. of A. THIELE, ENGLEBRIGHT -- read once
and referred to the Committee on Corporations, Authorities and Commis-
sions
AN ACT to amend the public authorities law, in relation to the creation
of the Peconic Bay regional transportation authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Article 5 of the public authorities law is amended by
2 adding a new title 11-E to read as follows:
3 TITLE 11-E
4 PECONIC BAY REGIONAL TRANSPORTATION AUTHORITY
5 SECTION 1349-A. SHORT TITLE.
6 1349-B. DEFINITIONS.
7 1349-C. PECONIC BAY REGIONAL TRANSPORTATION DISTRICT.
8 1349-D. PECONIC BAY REGIONAL TRANSPORTATION AUTHORITY.
9 1349-E. PURPOSES OF THE AUTHORITY.
10 1349-F. FORMULATION, FILING AND ADOPTION OF MASTER PLAN; AMEND-
11 MENTS.
12 1349-G. FILING FIVE YEAR PERFORMANCE, CAPITAL AND OPERATING
13 FINANCE PLANS.
14 1349-H. GENERAL POWERS OF THE AUTHORITY.
15 1349-I. SPECIAL POWERS OF THE AUTHORITY.
16 1349-J. ACQUISITION AND DISPOSITION OF REAL PROPERTY.
17 1349-K. COOPERATION AND ASSISTANCE OF OTHER AGENCIES.
18 1349-L. NOTES AND BONDS OF THE AUTHORITY.
19 1349-M. RESERVE FUNDS AND APPROPRIATIONS.
20 1349-N. AGREEMENT OF THE STATE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09319-01-5
S. 3967 2 A. 5511
1 1349-O. RIGHT OF STATE TO REQUIRE REDEMPTION OF BONDS.
2 1349-P. REMEDIES OF NOTEHOLDERS AND BONDHOLDERS.
3 1349-Q. NOTES AND BONDS AS LEGAL INVESTMENT.
4 1349-R. EXEMPTION FROM TAXATION.
5 1349-S. ACTIONS AGAINST THE AUTHORITY.
6 1349-T. AGREEMENTS RELATING TO PAYMENT IN LIEU OF TAXES.
7 1349-U. INTEREST OF MEMBERS OR EMPLOYEES OF AUTHORITY IN
8 CONTRACTS PROHIBITED.
9 1349-V. FISCAL YEAR.
10 1349-W. CONSENT BY THE STATE.
11 1349-X. SEPARABILITY.
12 1349-Y. EFFECT OF INCONSISTENT PROVISIONS.
13 S 1349-A. SHORT TITLE. THIS TITLE MAY BE CITED AS THE "PECONIC BAY
14 REGIONAL TRANSPORTATION AUTHORITY ACT".
15 S 1349-B. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS A
16 DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
17 1. "AUTHORITY" SHALL MEAN THE CORPORATION CREATED BY SECTION THIRTEEN
18 HUNDRED FORTY-NINE-D OF THIS TITLE.
19 2. "TRANSPORTATION DISTRICT" AND "DISTRICT" SHALL MEAN THE PECONIC BAY
20 REGIONAL TRANSPORTATION DISTRICT CREATED BY SECTION THIRTEEN HUNDRED
21 FORTY-NINE-C OF THIS TITLE.
22 3. "PARTICIPATING TOWN" SHALL MEAN ANY OF THE TOWNS DEFINED IN SECTION
23 THIRTEEN HUNDRED FORTY-NINE-C OF THIS TITLE.
24 4. "FEDERAL GOVERNMENT" SHALL MEAN THE UNITED STATES OF AMERICA, AND
25 ANY OFFICER, DEPARTMENT, BOARD, COMMISSION, BUREAU, DIVISION, CORPO-
26 RATION, AGENCY OR INSTRUMENTALITY THEREOF.
27 5. "GOVERNOR" SHALL MEAN THE GOVERNOR OF THE STATE OF NEW YORK.
28 6. "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE STATE OF NEW YORK.
29 7. "DIRECTOR OF THE BUDGET" SHALL MEAN THE DIRECTOR OF THE BUDGET OF
30 THE STATE OF NEW YORK.
31 8. "STATE" SHALL MEAN THE STATE OF NEW YORK.
32 9. "STATE AGENCY" SHALL MEAN ANY OFFICER, DEPARTMENT, BOARD, COMMIS-
33 SION, BUREAU, DIVISION, PUBLIC BENEFIT CORPORATION, AGENCY OR INSTRUMEN-
34 TALITY OF THE STATE.
35 10. "MUNICIPALITY" SHALL MEAN A CITY, TOWN, VILLAGE OR COUNTY NOT
36 WHOLLY CONTAINED WITHIN A CITY.
37 11. "MUNICIPAL CORPORATION" SHALL MEAN A CITY, TOWN, VILLAGE, COUNTY
38 NOT WHOLLY CONTAINED WITHIN A CITY, SPECIAL TRANSPORTATION DISTRICT,
39 PUBLIC BENEFIT CORPORATION OR OTHER PUBLIC CORPORATION, OR TWO OR MORE
40 OF THE FOREGOING ACTING JOINTLY.
41 12. "PERSONAL PROPERTY" SHALL MEAN CHATTELS AND OTHER TANGIBLE THINGS
42 OF A MOVABLE OR REMOVABLE NATURE.
43 13. "PROPERTY" SHALL MEAN BOTH REAL AND PERSONAL PROPERTY.
44 14. "MASTER PLAN" SHALL MEAN AN ACTION PLAN FOR IMPLEMENTATION OF
45 IMPROVEMENTS TO SUCH MEANS OF PUBLIC TRANSPORTATION AND RELATED SERVICES
46 BY OMNIBUS, RAILROAD AND MARINE AND AVIATION FACILITIES AS THE AUTHORITY
47 MAY CONTEMPLATE WITHIN THE PECONIC BAY REGIONAL TRANSPORTATION DISTRICT
48 TO EFFECTUATE THE PURPOSES OF THIS TITLE.
49 15. "JOINT SERVICE ARRANGEMENT" SHALL MEAN AGREEMENTS BETWEEN OR AMONG
50 THE AUTHORITY AND ANY COMMON CARRIER OR FREIGHT FORWARDER, THE STATE,
51 ANY STATE AGENCY, THE FEDERAL GOVERNMENT, ANY OTHER STATE OR AGENCY OR
52 INSTRUMENTALITY THEREOF, ANY PUBLIC AUTHORITY OF THIS OR ANY OTHER
53 STATE, OR ANY POLITICAL SUBDIVISION OR MUNICIPALITY OF THE STATE, RELAT-
54 ING TO PROPERTY, BUILDINGS, STRUCTURES, FACILITIES, SERVICES, RATES,
55 FARES, CLASSIFICATIONS, DIVISIONS, ALLOWANCES OR CHARGES (INCLUDING
56 CHARGES BETWEEN OPERATORS OF RAILROAD, OMNIBUS, MARINE AND AVIATION
S. 3967 3 A. 5511
1 FACILITIES), OR RULES OR REGULATIONS PERTAINING THERETO, FOR OR IN
2 CONNECTION WITH OR INCIDENTAL TO TRANSPORTATION IN PART IN OR UPON RAIL-
3 ROAD, OMNIBUS, MARINE OR AVIATION FACILITIES LOCATED WITHIN THE DISTRICT
4 AND IN PART IN OR UPON RAILROAD, OMNIBUS, MARINE OR AVIATION FACILITIES
5 LOCATED OUTSIDE THE DISTRICT.
6 16. "PROJECT" SHALL MEAN ANY UNDERTAKING BY THE AUTHORITY WITHIN THE
7 DISTRICT INCLUDING BUT NOT LIMITED TO PORT OR HARBOR FACILITIES, TRANS-
8 PORTATION PROPERTIES, ACCESS AND SERVICE ROADS AND BRIDGES, EQUIPMENT,
9 APPURTENANCES, UTILITIES, AIRPORT FACILITIES AND ANY OTHER IMPROVEMENT
10 UNDER AUTHORITY JURISDICTION WITHIN THE REGIONAL DISTRICT.
11 17. "FACILITY" SHALL MEAN, AMONG OTHER THINGS, SUCH PROPERTIES, STRUC-
12 TURES, APPURTENANCES, UTILITIES, TERMINALS, WHARFS, DOCKS, PIERS, RAIL-
13 ROAD TRACKAGE, WAREHOUSES, ELEVATORS, EQUIPMENT FOR HANDLING FREIGHT AND
14 PASSENGERS AND VEHICLES AND SUCH OTHER WORKS, PROPERTIES, BUILDINGS OR
15 ALLIED ITEMS NECESSARY OR DESIRABLE IN CONNECTION WITH DEVELOPMENT,
16 OPERATION, MAINTENANCE OR IMPROVEMENT OF PORT, AIRPORT AND PUBLIC TRANS-
17 PORTATION NEEDS FOR THE ACCOMMODATION, SAFETY OR COMFORT OF THE PUBLIC
18 AND COMMERCIAL ENTERPRISE FOR THE REGIONAL TRANSPORTATION DISTRICT.
19 18. "EQUIPMENT" SHALL MEAN ROLLING STOCK, OMNIBUSES, VEHICLES, AIR,
20 MARINE OR SURFACE CRAFT, MOTORS, BOILERS, ENGINES, AND OTHER INSTRUMEN-
21 TALITIES USED OR USEFUL THEREFOR OR IN CONNECTION THEREWITH.
22 19. "OMNIBUS FACILITIES" SHALL MEAN MOTOR VEHICLES, OF THE TYPE OPER-
23 ATED BY CARRIERS SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE
24 COMMISSION, ENGAGED IN THE TRANSPORTATION OF PASSENGERS AND THEIR
25 BAGGAGE, EXPRESS AND MAIL BETWEEN POINTS WITHIN THE DISTRICT OR PURSUANT
26 TO JOINT SERVICE ARRANGEMENTS, AND EQUIPMENT, PROPERTY, BUILDINGS,
27 STRUCTURES, IMPROVEMENTS, LOADING OR UNLOADING AREAS, PARKING AREAS,
28 BERTHING FACILITIES OR OTHER FACILITIES, NECESSARY, CONVENIENT OR DESIR-
29 ABLE FOR THE ACCOMMODATION OF SUCH MOTOR VEHICLES OR THEIR PASSENGERS,
30 INCLUDING BUT NOT LIMITED TO BUILDINGS, STRUCTURES AND AREAS NOTWITH-
31 STANDING THAT PORTIONS MAY NOT BE DEVOTED TO ANY OMNIBUS PURPOSE OTHER
32 THAN THE PRODUCTION OF REVENUES AVAILABLE FOR THE COSTS AND EXPENSES OF
33 ALL OR ANY FACILITIES OF THE AUTHORITY.
34 20. "RAILROAD FACILITIES" SHALL MEAN RIGHT-OF-WAY AND RELATED TRACK-
35 AGE, RAILS, CARS, LOCOMOTIVES, OTHER ROLLING STOCK, SIGNAL, POWER, FUEL,
36 COMMUNICATION AND VENTILATION SYSTEMS, POWER PLANTS, STATIONS, TERMI-
37 NALS, STORAGE YARDS, REPAIR AND MAINTENANCE SHOPS, YARDS, EQUIPMENT AND
38 PARTS, OFFICES AND OTHER REAL ESTATE OR PERSONALTY USED OR HELD FOR OR
39 INCIDENTAL TO THE OPERATION, REHABILITATION OR IMPROVEMENT OF ANY RAIL-
40 ROAD OPERATING OR TO OPERATE BETWEEN POINTS WITHIN THE DISTRICT OR
41 PURSUANT TO JOINT SERVICE ARRANGEMENTS, INCLUDING BUT NOT LIMITED TO
42 BUILDINGS, STRUCTURES, AND AREAS NOTWITHSTANDING THAT PORTIONS THEREOF
43 MAY NOT BE DEVOTED TO ANY RAILROAD PURPOSE OTHER THAN THE PRODUCTION OF
44 REVENUES AVAILABLE FOR THE COSTS AND EXPENSES OF ALL OR ANY FACILITIES
45 OF THE AUTHORITY.
46 21. "REAL PROPERTY" SHALL MEAN LANDS, STRUCTURES, FRANCHISES AND
47 INTERESTS IN LANDS, WATERS, LANDS UNDER WATER, RIPARIAN RIGHTS AND ANY
48 AND ALL THINGS AND RIGHTS INCLUDED WITHIN SAID TERM AND INCLUDES NOT
49 ONLY FEES SIMPLE ABSOLUTE BUT ALSO ANY AND ALL LESSER INTERESTS INCLUD-
50 ING BUT NOT LIMITED TO EASEMENTS, RIGHTS-OF-WAY, USES, LEASES, LICENSES
51 AND ALL OTHER INCORPOREAL HEREDITAMENTS AND EVERY ESTATE, INTEREST OR
52 RIGHT, LEGAL OR EQUITABLE, INCLUDING TERMS FOR YEARS AND LIENS THEREON
53 BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE.
54 22. "MARINE AND AVIATION FACILITIES" SHALL MEAN EQUIPMENT AND CRAFT
55 FOR THE TRANSPORTATION OF PASSENGERS, MAIL AND CARGO BETWEEN POINTS FROM
56 AND TO AND WITHIN THE DISTRICT OR PURSUANT TO JOINT SERVICE ARRANGE-
S. 3967 4 A. 5511
1 MENTS, BY MARINE CRAFT AND AIRCRAFT OF ALL TYPES INCLUDING BUT NOT
2 LIMITED TO HYDROFOILS, FERRIES, LIGHTERS, TUGS, BARGES, HELICOPTERS,
3 AMPHIBIANS, SEAPLANES OR OTHER CONTRIVANCES NOW OR HEREAFTER USED IN
4 NAVIGATION OR MOVEMENT ON WATERWAYS OR IN THE NAVIGATION OF OR FLIGHT IN
5 AIRSPACE. IT SHALL ALSO MEAN ANY AIRPORT FACILITY WITHIN THE TRANSPORTA-
6 TION DISTRICT, INCLUDING BUT NOT LIMITED TO ANY FACILITY OR REAL PROPER-
7 TY NECESSARY, CONVENIENT OR DESIRABLE FOR THE LANDING, TAKING OFF,
8 ACCOMMODATION OR SERVICING OF SUCH AIRCRAFT, AND SHALL INCLUDE SUCH
9 FACILITIES, PROPERTY, STRUCTURES AND APPURTENANCES AS MAY BE NECESSARY
10 OR CONVENIENT IN THE OPERATION, MAINTENANCE, DEVELOPMENT OR IMPROVEMENT
11 OF AIRPORTS INCLUDING FACILITIES, PROPERTY, STRUCTURES, AND APPURTENANC-
12 ES, LEASED BY THE AUTHORITY TO PERSONS, FIRMS OR CORPORATIONS ENGAGED IN
13 AIR TRANSPORTATION OR THE PRODUCTION OR DEVELOPMENT OF MATERIALS, GOODS
14 OR EQUIPMENT FOR AIRPORTS OR AIR TRANSPORTATION OR IN PROVIDING FACILI-
15 TIES FOR THE ACCOMMODATION, SAFETY OR COMFORT OF THE TRAVELING PUBLIC
16 AND FOR PURPOSES RELATED OR INCIDENTAL TO ONE OR MORE OF THE FOREGOING
17 PURPOSES. IT SHALL ALSO MEAN PORT FACILITIES IN THE TRANSPORTATION
18 DISTRICT INCLUDING, BUT NOT LIMITED TO, (A) ONE OR MORE DOCKS, ELEVA-
19 TORS, WHARVES, PIERS, BULKHEADS, SLIPS, BASINS, HARBORS, RAILROAD
20 CONNECTIONS, SIDE TRACKS OR SIDINGS, FREIGHT TERMINALS, WAREHOUSES,
21 BRIDGES, TUNNELS, AND AREAS FOR STORAGE OF CARGOES, MATERIALS, GOODS,
22 WARES, AND MERCHANDISE OF ANY KIND AND FOR THE LOADING, UNLOADING,
23 INTERCHANGE OR TRANSFER OF ANY SUCH CARGOES, MATERIALS, GOODS, WARES AND
24 MERCHANDISE; (B) OTHER BUILDINGS, STRUCTURES, FACILITIES OR IMPROVEMENTS
25 NECESSARY TO ACCOMMODATE STEAMSHIPS OR OTHER VESSELS AND THEIR CARGOES
26 OR PASSENGERS; AND (C) ALL REAL AND PERSONAL PROPERTY, DRIVEWAYS, ROADS,
27 APPROACHES, MECHANICAL EQUIPMENT AND ALL APPURTENANCES AND FACILITIES
28 EITHER ON, ABOVE OR UNDER THE GROUND WHICH ARE NECESSARY, CONVENIENT OR
29 DESIRABLE FOR THE DEVELOPMENT, CONTROL AND OPERATION OF PORT FACILITIES
30 IN THE TRANSPORTATION DISTRICT.
31 23. "TRANSPORTATION FACILITY" SHALL MEAN ANY RAILROAD, OMNIBUS, MARINE
32 OR AVIATION FACILITY AND ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR
33 CORPORATION WHICH OWNS, LEASES OR OPERATES ANY SUCH FACILITY OR ANY
34 OTHER FACILITY USED FOR SERVICE IN THE TRANSPORTATION OF PASSENGERS,
35 UNITED STATES MAIL OR PERSONAL PROPERTY AS A COMMON CARRIER FOR HIRE AND
36 ANY PORTION THEREOF AND THE RIGHTS, LEASEHOLDS OR OTHER INTEREST THEREIN
37 TOGETHER WITH ROUTES, TRACKS, EXTENSIONS, CONNECTIONS, PARKING LOTS,
38 GARAGES, WAREHOUSES, YARDS, STORAGE YARDS, MAINTENANCE AND REPAIR SHOPS,
39 TERMINALS, STATIONS AND OTHER RELATED FACILITIES THEREOF, THE DEVICES,
40 APPURTENANCES, AND EQUIPMENT THEREOF AND POWER PLANTS AND OTHER INSTRU-
41 MENTALITIES USED OR USEFUL THEREFOR OR IN CONNECTION THEREWITH.
42 24. "COMMISSIONER" SHALL MEAN COMMISSIONER OF TRANSPORTATION OF THE
43 STATE OF NEW YORK.
44 S 1349-C. PECONIC BAY REGIONAL TRANSPORTATION DISTRICT. THERE IS HERE-
45 BY CREATED AND ESTABLISHED A TRANSPORTATION DISTRICT TO BE KNOWN AS THE
46 PECONIC BAY REGIONAL TRANSPORTATION DISTRICT. THIS DISTRICT SHALL
47 EMBRACE THE TOWNS OF BROOKHAVEN, EAST HAMPTON, RIVERHEAD, SHELTER
48 ISLAND, SOUTHAMPTON, AND SOUTHOLD IN THE COUNTY OF SUFFOLK. THE TRANS-
49 PORTATION DISTRICT SHALL ALSO INCLUDE ALL LANDS AND WATER AND ALL LANDS
50 UNDER WATER AND ALL RIVERS, BAYS AND HARBORS, WITHIN ANY OF THE TOWNS OF
51 SAID DISTRICT.
52 S 1349-D. PECONIC BAY REGIONAL TRANSPORTATION AUTHORITY. 1. THERE IS
53 HEREBY CREATED THE PECONIC BAY REGIONAL TRANSPORTATION AUTHORITY. THE
54 AUTHORITY SHALL BE A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC
55 BENEFIT CORPORATION. IT SHALL CONSIST OF SIX MEMBERS WITH ONE MEMBER
56 FROM EACH TOWN IN THE REGIONAL TRANSPORTATION DISTRICT. THE TOWN SUPER-
S. 3967 5 A. 5511
1 VISOR OF EACH TOWN, OR A DESIGNATED REPRESENTATIVE APPOINTED BY THE TOWN
2 SUPERVISOR SHALL BE A MEMBER. THE MEMBERS SHALL ELECT ONE OF ITS MEMBERS
3 AS CHAIRPERSON.
4 2. THE MEMBERS OF THE AUTHORITY, INCLUDING THE CHAIR, SHALL NOT
5 RECEIVE A SALARY OR OTHER COMPENSATION WHEN RENDERING SERVICE AS A
6 MEMBER OF THE AUTHORITY OR AS A MEMBER OF ONE OF ITS SUBSIDIARY CORPO-
7 RATIONS, BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY
8 EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.
9 3. A MAJORITY OF THE WHOLE NUMBER OF VOTES OF MEMBERS OF THE AUTHORITY
10 SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS OR THE EXER-
11 CISE OF ANY POWER OF THE AUTHORITY. EXCEPT AS OTHERWISE SPECIFIED IN
12 THIS TITLE, FOR THE TRANSACTION OF ANY BUSINESS OR THE EXERCISE OF ANY
13 POWER OF THE AUTHORITY, THE AUTHORITY SHALL HAVE POWER TO ACT BY A
14 MAJORITY VOTE OF THE MEMBERS PRESENT AT ANY MEETING AT WHICH A QUORUM IS
15 IN ATTENDANCE. EACH MEMBER OF THE AUTHORITY SHALL HAVE ONE VOTE.
16 4. THE AUTHORITY SHALL BE A "STATE AGENCY" FOR THE PURPOSES OF
17 SECTIONS SEVENTY-THREE AND SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
18 5. THE AUTHORITY SHALL CONTINUE SO LONG AS IT SHALL HAVE BONDS OR
19 OTHER OBLIGATIONS OUTSTANDING AND UNTIL ITS EXISTENCE SHALL BE TERMI-
20 NATED BY LAW. UPON THE TERMINATION OF THE EXISTENCE OF THE AUTHORITY,
21 ALL ITS RIGHTS AND PROPERTIES SHALL PASS TO AND BE VESTED IN THE STATE.
22 S 1349-E. PURPOSES OF THE AUTHORITY. 1. THE PURPOSES OF THE AUTHORITY
23 SHALL BE THE CONTINUANCE, FURTHER DEVELOPMENT AND IMPROVEMENT OF TRANS-
24 PORTATION AND OTHER SERVICES RELATED THERETO WITHIN THE PECONIC BAY
25 REGIONAL TRANSPORTATION DISTRICT, BY RAILROAD, OMNIBUS, MARINE AND AIR,
26 IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE.
27 2. IT IS HEREBY FOUND AND DECLARED THAT SUCH PURPOSES ARE IN ALL
28 RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE STATE OF NEW YORK AND THE
29 AUTHORITY SHALL BE REGARDED AS PERFORMING AN ESSENTIAL GOVERNMENTAL
30 FUNCTION IN CARRYING OUT ITS PURPOSES AND IN EXERCISING THE POWERS
31 GRANTED BY THIS TITLE.
32 S 1349-F. FORMULATION, FILING AND ADOPTION OF MASTER PLAN; AMENDMENTS.
33 THE AUTHORITY SHALL FORMULATE A MASTER PLAN FOR TRANSPORTATION WITHIN
34 THE DISTRICT. IN FORMULATING SUCH MASTER PLAN, THE AUTHORITY SHALL
35 CONSULT AND COOPERATE WITH THE COMMISSIONER AND PLANNING AUTHORITIES IN
36 THE AREAS OF ITS OPERATIONS, AND SHALL UTILIZE STATE, LOCAL OR REGIONAL
37 TRANSPORTATION PLANNING. THE AUTHORITY SHALL REQUEST AND USE EXISTING
38 STUDIES, PLANS, SURVEYS, DATA AND OTHER MATERIALS COMPLETED BY OR UNDER
39 DEVELOPMENT BY ANY STATE AGENCY OR MUNICIPALITY OR POLITICAL SUBDIVISION
40 OF THE STATE. THE AUTHORITY SHALL FILE COPIES OF SUCH PLAN WITH THE
41 COMMISSIONER, THE SUFFOLK COUNTY PLANNING BOARD, THE TOWN BOARD OF EACH
42 TOWN WITHIN THE REGIONAL TRANSPORTATION DISTRICT, AND THE LEGISLATURE OF
43 THE COUNTY OF SUFFOLK. THE PLAN SHALL CONTAIN INFORMATION REGARDING THE
44 TRANSPORTATION SYSTEM THAT THE AUTHORITY INTENDS TO PROVIDE INCLUDING
45 INFORMATION REGARDING THE FACILITIES CONNECTED THEREWITH, THE SERVICES
46 THE AUTHORITY CONTEMPLATES PROVIDING AND THE ESTIMATED COSTS AND THE
47 PROPOSED METHOD OF FINANCING. DURING SIXTY DAYS AFTER THE FILING OF THE
48 MASTER PLAN WITH THE COMMISSIONER, IN THE OFFICE OF THE SUFFOLK COUNTY
49 PLANNING BOARD, WITH THE TOWN BOARDS OF THE TOWNS WITHIN THE REGIONAL
50 TRANSPORTATION DISTRICT, AND WITH THE LEGISLATURE OF SUFFOLK COUNTY, AS
51 AFORESAID, SAID PLAN SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE
52 OFFICE OR OFFICES OF THE AUTHORITY AND AT SUCH OTHER PLACES IN THE TOWNS
53 AFFECTED, WITHIN THE DISTRICT, AS THE AUTHORITY MAY DESIGNATE. NOT
54 EARLIER THAN THIRTY DAYS AFTER THE FILING OF SAID MASTER PLAN WITH THE
55 COMMISSIONER, THE SUFFOLK COUNTY PLANNING BOARD, THE TOWN BOARDS, AND
56 THE LEGISLATURE OF SUFFOLK COUNTY, A PUBLIC HEARING ON SAID PLANS SHALL
S. 3967 6 A. 5511
1 BE HELD BY THE AUTHORITY. NOTICE OF SUCH A HEARING SHALL BE GIVEN TO
2 THE COMMISSIONER, THE SUFFOLK COUNTY PLANNING BOARD, THE TOWN BOARDS,
3 AND THE LEGISLATURE OF THE COUNTY OF SUFFOLK, AS AFORESAID AND BY PUBLI-
4 CATION ONCE A WEEK FOR TWO WEEKS PRIOR TO THE SAID HEARING AT THE TIME
5 AND PLACE FIXED BY THE AUTHORITY IN NEWSPAPERS OF GENERAL CIRCULATION
6 WITHIN THE AREAS AFFECTED, TO BE SELECTED BY THE AUTHORITY. THE LAST
7 PUBLICATION DATE SHALL NOT BE LESS THAN FIVE DAYS BEFORE SAID HEARING.
8 WITHIN THIRTY DAYS FOLLOWING SAID PUBLIC HEARING, THE AUTHORITY SHALL
9 PROVIDE A TRANSCRIPT OF SUCH HEARING TO THE COMMISSIONER, THE SUFFOLK
10 COUNTY PLANNING BOARD, EACH TOWN BOARD, AND THE LEGISLATURE OF THE COUN-
11 TY OF SUFFOLK AS AFORESAID, TOGETHER WITH ANY AMENDMENTS THE AUTHORITY
12 MAY PROPOSE TO THE MASTER PLAN. THE AUTHORITY SHALL REQUEST APPROVAL OF
13 THE MASTER PLAN, INCLUDING SUCH AMENDMENTS AS THE AUTHORITY MAY PROPOSE,
14 FROM EACH TOWN BOARD AND THE COMMISSIONER. ANY PART OF SAID PLAN WHICH
15 IS DISAPPROVED BY A TOWN BECAUSE IT ALTERS EXISTING SERVICES OR THE
16 FINANCING THEREOF WITHIN SAID TOWN SHALL NOT BECOME OPERATIVE. THIS
17 DISAPPROVAL OF PART OR PARTS OF THE PLAN SHALL NOT MAKE THE ENTIRE PLAN
18 INOPERATIVE. ANY PART OF SAID PLAN WHICH IS DISAPPROVED BY THE COMMIS-
19 SIONER BECAUSE IT CONFLICTS WITH A STATE-WIDE COMPREHENSIVE MASTER PLAN
20 FOR TRANSPORTATION, OR IN THE ABSENCE OF SUCH PLANS, WOULD HAVE AN
21 ADVERSE EFFECT UPON SOUND TRANSPORTATION DEVELOPMENT POLICY AND PLAN-
22 NING, SHALL NOT BECOME OPERATIVE. IF THE SAID TOWN BOARDS FAIL TO ACT
23 WITHIN SAID SIXTY DAYS OR IN THE CASE OF THE COMMISSIONER WITHIN FORTY
24 DAYS AFTER APPROVAL IS REQUESTED, SAID FAILURE SHALL BE DEEMED APPROVAL,
25 AND THE AUTHORITY MAY ADOPT THE MASTER PLAN BY A MAJORITY VOTE OF ITS
26 MEMBERSHIP AND MAY INCLUDE CHANGES, IF ANY, RECOMMENDED BY THE COMMIS-
27 SIONER, PLANNING BOARD OR TOWN BOARD. THE MASTER PLAN MAY BE AMENDED
28 FROM TIME TO TIME IN THE SAME MANNER USING THE PROCEDURES OUTLINED IN
29 THIS SECTION FOR THE ORIGINAL ADOPTION, EXCEPT THAT PROPOSED CHANGES
30 MADE BY THE AUTHORITY UPON RECOMMENDATIONS OF THE COMMISSIONER, SAID
31 TOWN BOARDS OR SUFFOLK COUNTY PLANNING BOARD IN THE FIRST PLAN MAY BE
32 EMBODIED OR CONTINUED BY A MAJORITY VOTE OF THE AUTHORITY WITHOUT ADDI-
33 TIONAL HEARINGS THEREON AS REQUIRED FOR THE AMENDMENTS PROPOSED TO BE
34 MADE.
35 S 1349-G. FILING FIVE YEAR PERFORMANCE, CAPITAL AND OPERATING FINANCE
36 PLANS. 1. (A) ON OR BEFORE JANUARY FIRST, TWO THOUSAND SEVENTEEN, AND
37 ANNUALLY THEREAFTER ON OR BEFORE JANUARY FIRST, THE AUTHORITY SHALL
38 ADOPT AN OPERATIONAL PERFORMANCE PLAN FOR THE FIVE-YEAR PERIOD COMMENC-
39 ING JANUARY FIRST. THE PLAN SHALL SET OPERATIONAL PERFORMANCE PLAN GOALS
40 AND OBJECTIVES, AND SHALL ESTABLISH PERFORMANCE INDICATORS TO MEASURE
41 STANDARDS OF SERVICE AND OPERATIONS. THE PERFORMANCE INDICATORS SHALL
42 INCLUDE: REVENUE PASSENGERS, TOTAL PASSENGERS, REVENUE VEHICLE MILES,
43 REVENUE VEHICLE HOURS, NUMBER OF EMPLOYEES BY DEPARTMENT, VEHICLE MEAN
44 DISTANCE BETWEEN FAILURES, ON-TIME PERFORMANCE FOR TOTAL SERVICE
45 PROVIDED, THE COST PER PASSENGER, THE COST PER REVENUE VEHICLE MILE AND
46 THE OPERATING-REVENUE-TO-COST RATIO.
47 (B) QUARTERLY REPORTS SHALL BE PREPARED FOR AUTHORITY MEMBERS ON OPER-
48 ATING PERFORMANCE. THE FIRST SUCH REPORT SHALL COVER THE THREE-MONTH
49 PERIOD COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN AND SHALL BE
50 SUBMITTED NO LATER THAN THIRTY DAYS AFTER THE END OF THE QUARTER. THERE-
51 AFTER, QUARTERLY REPORTS SHALL BE SUBMITTED ON THE LAST DAY OF JANUARY,
52 APRIL, JULY, AND OCTOBER OF EACH YEAR. THE REPORT SHALL COMPARE THE
53 PERFORMANCE INDICATORS FOR THE MOST RECENT QUARTER AND THE YEAR-TO-DATE
54 PERFORMANCE INDICATORS WITH THE SAME TIME PERIOD IN THE PREVIOUS YEAR
55 WITH THE ANNUAL GOALS ESTABLISHED PURSUANT TO THIS SUBDIVISION.
S. 3967 7 A. 5511
1 2. (A) ON OR BEFORE JANUARY FIRST, TWO THOUSAND SEVENTEEN, AND ANNUAL-
2 LY THEREAFTER ON OR BEFORE JANUARY FIRST, THE AUTHORITY SHALL ADOPT A
3 CAPITAL PROGRAM PLAN FOR THE FIVE-YEAR PERIOD COMMENCING JANUARY FIRST.
4 THE PLAN SHALL CONTAIN THE CAPITAL PROGRAM, SEPARATELY ITEMIZED.
5 (B) THE PLAN SHALL SET GOALS AND OBJECTIVES BY FUNCTION FOR CAPITAL
6 SPENDING, ESTABLISH STANDARDS FOR SERVICE AND OPERATION, DESCRIBE EACH
7 CAPITAL PROJECT TO BE INITIATED IN EACH OF THE YEARS COVERED BY THE PLAN
8 AND EXPLAIN HOW EACH PROPOSED PROJECT SUPPORTS THE GOALS AND OBJECTIVES
9 AND THE SERVICE AND OPERATIONAL STANDARDS ESTABLISHED IN THE PERFORMANCE
10 PLAN. THE PLAN SHALL LIST SEPARATELY BY FUNCTION THOSE PROJECTS CONTRIB-
11 UTING TO THE MAINTENANCE OF THE SYSTEM INFRASTRUCTURE AND THOSE INTENDED
12 TO ENHANCE THE SYSTEM. THE PLAN SHALL ALSO INCLUDE AN ESTIMATED COST FOR
13 EACH PROJECT AND SET FORTH AN ESTIMATE OF THE AMOUNT OF CAPITAL FUNDING
14 REQUIRED FOR EACH YEAR OF THE PLAN AND THE EXPECTED SOURCES OF SUCH
15 FUNDING. IT SHALL ALSO INCLUDE A PROJECT SCHEDULE FOR THE INITIATION AND
16 COMPLETION OF EACH PROJECT. EACH PLAN SUBSEQUENT TO THE FIRST SUCH PLAN
17 SHALL DESCRIBE THE CURRENT STATUS OF EACH CAPITAL PROJECT WHICH HAS A
18 TOTAL ESTIMATED COST OF ONE HUNDRED THOUSAND DOLLARS OR MORE AND WHICH
19 WAS INCLUDED IN THE PREVIOUSLY ADOPTED PLAN.
20 (C) IN ADDITION TO THE ANNUAL UPDATE, A QUARTERLY CAPITAL PLAN STATUS
21 REPORT SHALL BE PROVIDED TO THE AUTHORITY MEMBERS AND SHALL INCLUDE, BUT
22 NOT BE LIMITED TO, A DESCRIPTION OF ANY MATERIAL CHANGE IN THE SCOPE,
23 COST, FUNDING OR TIME OF INITIATION OR COMPLETION OF A PROJECT WHICH HAS
24 A TOTAL ESTIMATED COST OF ONE HUNDRED THOUSAND DOLLARS OR MORE, AS
25 ADOPTED IN THE PLAN. THE FIRST SUCH REPORT SHALL COVER THE THREE-MONTH
26 PERIOD COMMENCING JANUARY FIRST, TWO THOUSAND SEVENTEEN AND SHALL BE
27 SUBMITTED NO LATER THAN THIRTY DAYS AFTER THE END OF THE QUARTER. THERE-
28 AFTER, QUARTERLY REPORTS SHALL BE SUBMITTED ON THE LAST DAY OF JANUARY,
29 APRIL, JULY, AND OCTOBER OF EACH YEAR.
30 3. (A) ON OR BEFORE JANUARY FIRST, TWO THOUSAND SEVENTEEN, AND ANNUAL-
31 LY THEREAFTER ON OR BEFORE JANUARY FIRST, THE AUTHORITY SHALL ADOPT AN
32 OPERATING FINANCE PLAN FOR THE FIVE-YEAR PERIOD COMMENCING JANUARY
33 FIRST. THE PLAN SHALL INCLUDE THE ANNUAL ESTIMATED OPERATING COST FOR
34 EACH FUNCTION. THE PLAN SHALL INCLUDE THE PROPOSED METHOD OF FINANCING
35 FOR THE LEVEL OF SERVICE DEFINED FOR EACH YEAR OF THE PLAN AND SHALL
36 FULLY ALLOCATE THE AUTHORITY'S GENERAL COSTS TO EACH OF THE ABOVE SEPA-
37 RATE FUNCTIONS. THE PLAN SHALL PROVIDE A NARRATIVE DESCRIBING THE OVER-
38 ALL FINANCIAL CONDITION OF THE OPERATING BUDGET OF THE AUTHORITY.
39 (B) IN ADDITION TO THE ANNUAL UPDATE, QUARTERLY OPERATING BUDGET
40 REPORTS SHALL BE PREPARED FOR THE AUTHORITY MEMBERS ON THE FINANCIAL
41 CONDITION OF EACH OF THE AUTHORITY'S FUNCTIONS. THE FIRST SUCH REPORT
42 SHALL COVER THE THREE-MONTH PERIOD COMMENCING JANUARY FIRST, TWO THOU-
43 SAND SEVENTEEN AND SHALL BE SUBMITTED NO LATER THAN THIRTY DAYS AFTER
44 THE END OF THE QUARTER. THEREAFTER, QUARTERLY REPORTS SHALL BE SUBMITTED
45 ON THE LAST DAY OF JANUARY, APRIL, JULY, AND OCTOBER OF EACH YEAR. THE
46 REPORTS SHALL INCLUDE A BUDGETARY COMPARISON OF THE MOST RECENT QUARTER
47 AND YEAR-TO-DATE ACTUAL REVENUE AND EXPENDITURES WITH THE SAME TIME
48 PERIOD IN THE PREVIOUS YEAR AND WITH THE PROJECTIONS FOR THAT TIME PERI-
49 OD BASED ON THE BOARD APPROVED BUDGET.
50 4. ANY AND ALL REPORTS, INCLUDING INTERIM REPORTS, SHALL BE SUBMITTED
51 TO THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE COMMISSIONER AND THE
52 TOWN BOARD OF EACH TOWN WITHIN THE REGIONAL TRANSPORTATION DISTRICT, THE
53 PRESIDENT AND THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
54 THE ASSEMBLY.
55 S 1349-H. GENERAL POWERS OF THE AUTHORITY. 1. EXCEPT AS OTHERWISE
56 LIMITED BY THIS TITLE, THE AUTHORITY SHALL HAVE POWER:
S. 3967 8 A. 5511
1 (A) TO SUE AND BE SUED;
2 (B) TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
3 (C) TO BORROW MONEY AND ISSUE NEGOTIABLE NOTES, BONDS OR OTHER OBLI-
4 GATIONS AND TO PROVIDE FOR THE RIGHTS OF THE HOLDERS THEREOF;
5 (D) TO INVEST ANY FUNDS HELD IN RESERVE OR SINKING FUNDS, OR ANY
6 MONIES NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION
7 OF THE AUTHORITY, IN OBLIGATIONS OF THE STATE OR THE UNITED STATES
8 GOVERNMENT OR OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE GUAR-
9 ANTEED BY THE STATE OR THE UNITED STATES GOVERNMENT; OR CERTIFICATES OF
10 DEPOSIT OF BANKS OR TRUST COMPANIES OR IN BANK OR TRUST ACCOUNTS OF
11 BANKS IN THIS STATE, SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF
12 THE STATE OF NEW YORK OF A MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT
13 OF THE DEPOSIT;
14 (E) TO MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL
15 MANAGEMENT, AND RULES AND REGULATIONS GOVERNING THE EXERCISE OF ITS
16 POWERS AND THE FULFILLMENT OF ITS PURPOSES UNDER THIS TITLE;
17 (F) TO ENTER INTO CONTRACTS AND LEASES AND TO EXECUTE ALL INSTRUMENTS
18 NECESSARY OR CONVENIENT;
19 (G) TO ACQUIRE, HOLD AND DISPOSE OF REAL OR PERSONAL PROPERTY IN THE
20 EXERCISE OF ITS POWERS;
21 (H) TO APPOINT A GENERAL MANAGER, WHO SHALL SERVE AT THE PLEASURE OF
22 THE AUTHORITY, AND SUCH OFFICERS AND EMPLOYEES THAT THE AUTHORITY MAY
23 REQUIRE FOR THE PERFORMANCE OF ITS DUTIES, AND TO FIX AND DETERMINE
24 THEIR QUALIFICATIONS, DUTIES, AND COMPENSATION AND TO RETAIN OR EMPLOY
25 COUNSEL, AUDITORS, ENGINEERS AND PRIVATE CONSULTANTS ON A CONTRACT BASIS
26 OR OTHERWISE FOR RENDERING PROFESSIONAL, MANAGEMENT OR TECHNICAL
27 SERVICES AND ADVICE; SUCH GENERAL MANAGER, COUNSEL, AUDITORS, ENGINEERS,
28 AND PRIVATE CONSULTANTS, OFFICERS AND EMPLOYEES MAY NOT BE A MEMBER OF
29 THE AUTHORITY;
30 (I) (1) NOTWITHSTANDING SECTION ONE HUNDRED THIRTEEN OF THE RETIREMENT
31 AND SOCIAL SECURITY LAW OR ANY OTHER GENERAL OR SPECIAL LAW, THE AUTHOR-
32 ITY AND ANY OF ITS SUBSIDIARY CORPORATIONS MAY CONTINUE OR PROVIDE TO
33 ITS AFFECTED OFFICERS AND EMPLOYEES ANY RETIREMENT, DISABILITY, DEATH OR
34 OTHER BENEFITS PROVIDED OR REQUIRED FOR RAILROAD PERSONNEL PURSUANT TO
35 FEDERAL OR STATE LAW. NOTWITHSTANDING ANY PROVISIONS OF THE CIVIL
36 SERVICE LAW, NO OFFICER OR EMPLOYEE OF A SUBSIDIARY CORPORATION, OF THE
37 AUTHORITY, OTHER THAN A PUBLIC BENEFIT SUBSIDIARY CORPORATION, SHALL BE
38 A PUBLIC OFFICER OR A PUBLIC EMPLOYEE;
39 (2) THE AUTHORITY AND ANY OF ITS PUBLIC BENEFIT SUBSIDIARY CORPO-
40 RATIONS MAY BE A "PARTICIPATING EMPLOYER" IN THE NEW YORK STATE EMPLOY-
41 EES' RETIREMENT SYSTEM WITH RESPECT TO ONE OR MORE CLASSES OF OFFICERS
42 AND EMPLOYEES OF SUCH AUTHORITY OR ANY SUCH PUBLIC BENEFIT SUBSIDIARY
43 CORPORATION, AS MAY BE PROVIDED BY RESOLUTION OF SUCH AUTHORITY OR ANY
44 SUCH PUBLIC BENEFIT SUBSIDIARY CORPORATION, AS THE CASE MAY BE, OR ANY
45 SUBSEQUENT AMENDMENT THEREOF, FILED WITH THE COMPTROLLER AND ACCEPTED BY
46 HIM OR HER PURSUANT TO SECTION THIRTY-ONE OF THE RETIREMENT AND SOCIAL
47 SECURITY LAW. IN TAKING ANY ACTION PURSUANT TO THIS PARAGRAPH, THE
48 AUTHORITY AND ANY OF ITS PUBLIC BENEFIT SUBSIDIARY CORPORATIONS SHALL
49 CONSIDER THE COVERAGES AND BENEFITS CONTINUED OR PROVIDED PURSUANT TO
50 SUBPARAGRAPH ONE OF THIS PARAGRAPH;
51 (J) TO MAKE PLANS, SURVEYS, AND STUDIES NECESSARY, CONVENIENT OR
52 DESIRABLE TO THE EFFECTUATION OF THE PURPOSES AND POWERS OF THE AUTHORI-
53 TY AND TO PREPARE RECOMMENDATIONS IN REGARD THERETO;
54 (K) TO ENTER UPON SUCH LANDS, WATERS OR PREMISES AS IN THE JUDGMENT OF
55 THE AUTHORITY MAY BE NECESSARY, CONVENIENT OR DESIRABLE FOR THE PURPOSE
56 OF MAKING SURVEYS, SOUNDINGS, BORINGS AND EXAMINATIONS TO ACCOMPLISH ANY
S. 3967 9 A. 5511
1 PURPOSE AUTHORIZED BY THIS TITLE, THE AUTHORITY BEING LIABLE FOR ACTUAL
2 DAMAGES DONE;
3 (L) THE AUTHORITY MAY CONDUCT INVESTIGATIONS AND HEARINGS IN THE
4 FURTHERANCE OF ITS GENERAL PURPOSES, AND IN AID THEREOF HAVE ACCESS TO
5 ANY BOOKS, RECORDS OR PAPERS RELEVANT THERETO; AND IF ANY PERSON WHOSE
6 TESTIMONY SHALL BE REQUIRED FOR THE PROPER PERFORMANCE OF THE DUTIES OF
7 THE AUTHORITY SHALL FAIL OR REFUSE TO AID OR ASSIST THE AUTHORITY IN THE
8 CONDUCT OF ANY INVESTIGATION OR HEARING, OR TO PRODUCE ANY RELEVANT
9 BOOKS, RECORDS OR OTHER PAPERS, THE AUTHORITY IS AUTHORIZED TO APPLY FOR
10 PROCESS OF SUBPOENA, TO ISSUE OUT OF ANY COURT OF GENERAL ORIGINAL
11 JURISDICTION WHOSE PROCESS CAN REACH SUCH PERSON, UPON DUE CAUSE SHOWN;
12 (M) TO DO ALL THINGS NECESSARY, CONVENIENT OR DESIRABLE TO CARRY OUT
13 ITS PURPOSES AND FOR THE EXERCISE OF THE POWERS GRANTED IN THIS TITLE;
14 (N) TO ENTER INTO COLLECTIVE BARGAINING AGREEMENTS WITH LABOR REPRE-
15 SENTATIVES DULY ELECTED BY THE EMPLOYEES OF THE AUTHORITY; AND
16 (O) TO INSURE OR PROVIDE FOR THE INSURANCE OF THE AUTHORITY'S PROPER-
17 TY OR OPERATIONS AS REQUIRED BY LAW AND ALSO AGAINST SUCH OTHER RISKS AS
18 THE AUTHORITY MAY DEEM ADVISABLE.
19 2. THE AUTHORITY SHALL FILE IN THE OFFICE OF THE COMMISSIONER ANNUAL
20 REPORTS, AFTER THE CLOSE OF EACH OF THE AUTHORITY'S FISCAL YEARS, WHICH
21 SHALL BE OPEN TO PUBLIC INSPECTION. SUCH REPORTS SHALL INCLUDE, IN ADDI-
22 TION TO ANY INFORMATION WHICH THE COMMISSIONER MAY REQUIRE, A STATEMENT
23 WITH RESPECT TO ITS OPERATIONS INCLUDING THE FOLLOWING DATA:
24 (A) COST BREAKDOWN OF REAL PROPERTY ACQUIRED;
25 (B) COST BREAKDOWN IN APPROPRIATE UNITS OF FACILITIES ACQUIRED;
26 (C) OPERATING REVENUES; AND
27 (D) OPERATING EXPENSES.
28 THE AUTHORITY SHALL ALSO FILE COPIES OF SUCH REPORTS WITH THE TOWN
29 BOARD OF EACH TOWN WITHIN THE REGIONAL TRANSPORTATION DISTRICT WHERE
30 SUCH AUTHORITY OPERATES.
31 S 1349-I. SPECIAL POWERS OF THE AUTHORITY. IN ORDER TO EFFECTUATE THE
32 PURPOSES OF THIS TITLE:
33 1. THE AUTHORITY MAY ACQUIRE, BY PURCHASE, GIFT, GRANT, TRANSFER,
34 CONTRACT OR LEASE, OR CONDEMNATION, ANY TRANSPORTATION FACILITY, INCLUD-
35 ING PORT OR RELATED FACILITIES WHOLLY OR PARTIALLY WITHIN THE PECONIC
36 BAY REGIONAL TRANSPORTATION DISTRICT OR ANY PART THEREOF, OR THE USE
37 THEREOF, AND MAY ENTER INTO ANY JOINT SERVICE ARRANGEMENTS AS PROVIDED
38 IN THIS TITLE. ANY SUCH ACQUISITION OR JOINT SERVICE ARRANGEMENT SHALL
39 BE AUTHORIZED ONLY BY RESOLUTION OF THE AUTHORITY APPROVED BY NOT LESS
40 THAN A MAJORITY VOTE OF THE AUTHORITY.
41 2. THE AUTHORITY MAY ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY MAY
42 DETERMINE NECESSARY, CONVENIENT OR DESIRABLE ITSELF ESTABLISH,
43 CONSTRUCT, EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR
44 REPAIR ANY SUCH TRANSPORTATION FACILITY, OR MAY PROVIDE FOR SUCH ESTAB-
45 LISHMENT, CONSTRUCTION, EFFECTUATION, OPERATION, MAINTENANCE, RENO-
46 VATION, IMPROVEMENT, EXTENSION OR REPAIR BY CONTRACT, LEASE, OR OTHER
47 ARRANGEMENT ON SUCH TERMS AS THE AUTHORITY MAY DEEM NECESSARY, CONVEN-
48 IENT OR DESIRABLE WITH ANY PERSON, INCLUDING BUT NOT LIMITED TO ANY
49 COMMON CARRIER OR FREIGHT FORWARDER, THE STATE, ANY STATE AGENCY, THE
50 FEDERAL GOVERNMENT, ANY OTHER STATE OR AGENCY OR INSTRUMENTALITY THERE-
51 OF, ANY PUBLIC AUTHORITY OF THIS OR ANY OTHER STATE OR ANY POLITICAL
52 SUBDIVISION OR MUNICIPALITY OF THE STATE. IN CONNECTION WITH THE OPERA-
53 TION OF ANY SUCH TRANSPORTATION FACILITY, THE AUTHORITY MAY ESTABLISH,
54 CONSTRUCT, EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR
55 REPAIR OR MAY PROVIDE BY CONTRACT, LEASE OR OTHER ARRANGEMENT FOR THE
56 ESTABLISHMENT, CONSTRUCTION, EFFECTUATION, OPERATION, MAINTENANCE, RENO-
S. 3967 10 A. 5511
1 VATION, IMPROVEMENT, EXTENSION OR REPAIR OF ANY RELATED SERVICES AND
2 ACTIVITIES IT DEEMS NECESSARY, CONVENIENT OR DESIRABLE, INCLUDING BUT
3 NOT LIMITED TO THE TRANSPORTATION AND STORAGE OF FREIGHT AND THE UNITED
4 STATES MAIL, FEEDER AND CONNECTING TRANSPORTATION, PARKING AREAS, TRANS-
5 PORTATION CENTERS, PORTS, STATIONS AND RELATED FACILITIES.
6 3. THE AUTHORITY MAY ESTABLISH, LEVY AND COLLECT OR CAUSE TO BE ESTAB-
7 LISHED, LEVIED AND COLLECTED AND, IN THE CASE OF A JOINT SERVICE
8 ARRANGEMENT, JOIN WITH OTHERS IN THE ESTABLISHMENT, LEVY AND COLLECTION
9 OF SUCH FARES, TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES AS IT MAY
10 DEEM NECESSARY, CONVENIENT OR DESIRABLE FOR THE USE AND OPERATION OF ANY
11 TRANSPORTATION FACILITY AND RELATED SERVICES OPERATED BY THE AUTHORITY
12 OR BY A SUBSIDIARY CORPORATION OF THE AUTHORITY OR UNDER CONTRACT, LEASE
13 OR OTHER ARRANGEMENT, INCLUDING JOINT SERVICE ARRANGEMENTS, WITH THE
14 AUTHORITY. ANY SUCH FARES, TOLLS, RENTALS, RATES, CHARGES OR OTHER FEES
15 FOR THE TRANSPORTATION OF PASSENGERS SHALL BE ESTABLISHED AND CHANGED
16 ONLY IF APPROVED BY RESOLUTION OF THE AUTHORITY ADOPTED BY NOT LESS THAN
17 A MAJORITY VOTE OF THE AUTHORITY AND ONLY AFTER A PUBLIC HEARING,
18 PROVIDED HOWEVER, THAT FARES, TOLLS, RENTALS, RATES, CHARGES OR OTHER
19 FEES FOR THE TRANSPORTATION OF PASSENGERS ON ANY TRANSPORTATION FACILITY
20 WHICH ARE IN EFFECT AT THE TIME THAT THE THEN OWNER OF SUCH TRANSPORTA-
21 TION FACILITY BECOMES A SUBSIDIARY CORPORATION OF THE AUTHORITY OR AT
22 THE TIME THAT OPERATION OF SUCH TRANSPORTATION FACILITY IS COMMENCED BY
23 THE AUTHORITY OR IS COMMENCED UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT
24 INCLUDING JOINT SERVICE ARRANGEMENTS, WITH THE AUTHORITY MAY BE CONTIN-
25 UED IN EFFECT WITHOUT SUCH A HEARING. SUCH FARES, TOLLS, RENTALS, RATES,
26 CHARGES AND OTHER FEES SHALL BE ESTABLISHED AS MAY IN THE JUDGMENT OF
27 THE AUTHORITY BE NECESSARY TO MAINTAIN THE COMBINED OPERATIONS OF THE
28 AUTHORITY AND ITS SUBSIDIARY CORPORATIONS ON A SELF-SUSTAINING BASIS.
29 THE SAID OPERATIONS SHALL BE DEEMED TO BE ON A SELF-SUSTAINING BASIS AS
30 REQUIRED BY THIS TITLE, WHEN THE AUTHORITY IS ABLE TO PAY OR CAUSE TO BE
31 PAID FROM REVENUE AND ANY OTHER FUNDS OR PROPERTY ACTUALLY AVAILABLE TO
32 THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS (A) AS THE SAME SHALL
33 BECOME DUE, THE PRINCIPAL OF AND INTEREST ON THE BONDS AND NOTES AND
34 OTHER OBLIGATIONS OF THE AUTHORITY AND OF SUCH SUBSIDIARY CORPORATIONS,
35 TOGETHER WITH THE MAINTENANCE OF PROPER RESERVES THEREFOR, (B) THE COST
36 AND EXPENSE OF KEEPING THE PROPERTIES AND ASSETS OF THE AUTHORITY AND
37 ITS SUBSIDIARY CORPORATIONS IN GOOD CONDITION AND REPAIR, AND (C) THE
38 CAPITAL AND OPERATING EXPENSES OF THE AUTHORITY AND ITS SUBSIDIARY
39 CORPORATIONS. THE AUTHORITY MAY CONTRACT WITH THE HOLDERS OF BONDS AND
40 NOTES WITH RESPECT TO THE EXERCISE OF THE POWERS AUTHORIZED BY THIS
41 SECTION.
42 4. THE AUTHORITY MAY ESTABLISH AND, IN THE CASE OF JOINT SERVICE
43 ARRANGEMENTS, JOIN WITH OTHERS IN THE ESTABLISHMENT OF SUCH SCHEDULES
44 AND STANDARDS OF OPERATIONS AND SUCH OTHER RULES AND REGULATIONS INCLUD-
45 ING BUT NOT LIMITED TO RULES AND REGULATIONS GOVERNING THE CONDUCT AND
46 SAFETY OF THE PUBLIC AS IT MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE
47 FOR THE USE AND OPERATION OF ANY TRANSPORTATION FACILITY AND RELATED
48 SERVICES OPERATED BY THE AUTHORITY OR UNDER CONTRACT, LEASE OR OTHER
49 ARRANGEMENT, INCLUDING JOINT SERVICE ARRANGEMENTS, WITH THE AUTHORITY.
50 SUCH RULES AND REGULATIONS GOVERNING THE CONDUCT AND SAFETY OF THE
51 PUBLIC SHALL BE FILED WITH THE DEPARTMENT OF STATE IN THE MANNER
52 PROVIDED BY SECTION ONE HUNDRED TWO OF THE EXECUTIVE LAW. IN THE CASE OF
53 ANY CONFLICT BETWEEN ANY SUCH RULE OR REGULATION OF THE AUTHORITY
54 GOVERNING THE CONDUCT OR SAFETY OF THE PUBLIC AND ANY LOCAL LAW, ORDI-
55 NANCE, RULE OR REGULATION, SUCH RULE OR REGULATION OF THE AUTHORITY
56 SHALL PREVAIL. VIOLATION OF ANY SUCH RULE OR REGULATION OF THE AUTHORI-
S. 3967 11 A. 5511
1 TY GOVERNING THE CONDUCT OR THE SAFETY OF THE PUBLIC IN OR UPON ANY
2 FACILITY OF THE AUTHORITY SHALL CONSTITUTE AN OFFENSE AND SHALL BE
3 PUNISHABLE BY A FINE NOT EXCEEDING FIFTY DOLLARS OR IMPRISONMENT FOR NOT
4 MORE THAN THIRTY DAYS OR BOTH.
5 5. THE AUTHORITY MAY ACQUIRE, HOLD, OWN, LEASE, ESTABLISH, CONSTRUCT,
6 EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR REPAIR ANY
7 OF ITS FACILITIES THROUGH, AND CAUSE ANY ONE OR MORE OF ITS POWERS,
8 DUTIES, FUNCTIONS OR ACTIVITIES TO BE EXERCISED OR PERFORMED BY, ONE OR
9 MORE WHOLLY OWNED SUBSIDIARY CORPORATIONS OF THE AUTHORITY AND MAY
10 TRANSFER TO OR FROM ANY SUCH CORPORATION ANY MONEYS, REAL PROPERTY OR
11 OTHER PROPERTY FOR ANY OF THE PURPOSES OF THIS TITLE. THE DIRECTORS OR
12 MEMBERS OF EACH SUCH SUBSIDIARY CORPORATION SHALL BE THE SAME PERSONS
13 HOLDING THE OFFICES OF MEMBERS OF THE AUTHORITY. EACH SUCH SUBSIDIARY
14 CORPORATION AND ANY OF ITS PROPERTY, FUNCTIONS AND ACTIVITIES SHALL HAVE
15 ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER EXEMPTIONS
16 OF THE AUTHORITY AND OF THE AUTHORITY'S PROPERTY, FUNCTIONS AND ACTIV-
17 ITIES. EACH SUCH SUBSIDIARY CORPORATION SHALL BE SUBJECT TO THE
18 RESTRICTIONS AND LIMITATIONS TO WHICH THE AUTHORITY MAY BE SUBJECT. EACH
19 SUCH SUBSIDIARY CORPORATION SHALL BE SUBJECT TO SUIT IN ACCORDANCE WITH
20 SECTION THIRTEEN HUNDRED FORTY-NINE-S OF THIS TITLE. THE EMPLOYEES OF
21 ANY SUCH SUBSIDIARY CORPORATION, EXCEPT THOSE WHO ARE ALSO EMPLOYEES OF
22 THE AUTHORITY, SHALL NOT BE DEEMED EMPLOYEES OF THE AUTHORITY. IF THE
23 AUTHORITY SHALL DETERMINE THAT ONE OR MORE OF ITS SUBSIDIARY CORPO-
24 RATIONS SHOULD BE IN THE FORM OF A PUBLIC BENEFIT CORPORATION, IT SHALL
25 CREATE EACH SUCH PUBLIC BENEFIT CORPORATION BY EXECUTING AND FILING WITH
26 THE SECRETARY OF STATE A CERTIFICATE OF INCORPORATION, WHICH MAY BE
27 AMENDED FROM TIME TO TIME BY FILING, WHICH SHALL SET FORTH THE NAME OF
28 SUCH PUBLIC BENEFIT SUBSIDIARY CORPORATION, ITS DURATION, THE LOCATION
29 OF ITS PRINCIPAL OFFICE, AND ANY OR ALL OF THE PURPOSES OF ACQUIRING,
30 OWNING, LEASING, ESTABLISHING, CONSTRUCTING, EFFECTUATING, OPERATING,
31 MAINTAINING, RENOVATING, IMPROVING, EXTENDING OR REPAIRING ONE OR MORE
32 FACILITIES OF THE AUTHORITY. EACH SUCH PUBLIC BENEFIT SUBSIDIARY CORPO-
33 RATION SHALL BE A BODY POLITIC AND CORPORATE AND SHALL HAVE ALL THOSE
34 POWERS VESTED IN THE AUTHORITY BY THE PROVISIONS OF THIS TITLE WHICH THE
35 AUTHORITY SHALL DETERMINE TO INCLUDE IN ITS CERTIFICATE OF INCORPORATION
36 EXCEPT THE POWER TO CONTRACT INDEBTEDNESS. WHENEVER ANY STATE, POLI-
37 TICAL SUBDIVISION, MUNICIPALITY, COMMISSION, AGENCY, OFFICER, DEPART-
38 MENT, BOARD, DIVISION OR PERSON IS AUTHORIZED AND EMPOWERED FOR ANY OF
39 THE PURPOSES OF THIS TITLE TO COOPERATE AND ENTER INTO AGREEMENTS WITH
40 THE AUTHORITY SUCH STATE, POLITICAL SUBDIVISION, MUNICIPALITY, COMMIS-
41 SION, AGENCY, OFFICER, DEPARTMENT, BOARD, DIVISION OR PERSON SHALL HAVE
42 THE SAME AUTHORIZATION AND POWER FOR ANY OF SUCH PURPOSES TO COOPERATE
43 AND ENTER INTO AGREEMENTS WITH A SUBSIDIARY CORPORATION OF THE AUTHORI-
44 TY.
45 6. THE AUTHORITY, IN ITS OWN NAME OR IN THE NAME OF THE STATE, MAY
46 APPLY FOR AND RECEIVE AND ACCEPT GRANTS OF PROPERTY, MONEY AND SERVICES
47 AND OTHER ASSISTANCE OFFERED OR MADE AVAILABLE TO IT BY ANY PERSON,
48 GOVERNMENT OR AGENCY WHATEVER, WHICH IT MAY USE OR MEET CAPITAL OR OPER-
49 ATING EXPENSES AND FOR ANY OTHER USE WITHIN THE SCOPE OF ITS POWERS, AND
50 TO NEGOTIATE FOR THE SAME UPON SUCH TERMS AND CONDITIONS AS THE AUTHORI-
51 TY MAY DETERMINE TO BE NECESSARY, CONVENIENT OR DESIRABLE.
52 7. THE AUTHORITY MAY DO ALL THINGS IT DEEMS NECESSARY, CONVENIENT OR
53 DESIRABLE TO MANAGE, CONTROL AND DIRECT THE MAINTENANCE AND OPERATION OF
54 TRANSPORTATION FACILITIES, EQUIPMENT OR REAL PROPERTY OPERATED BY OR
55 UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY. EXCEPT AS
56 SPECIALLY PROVIDED IN THIS TITLE, NO MUNICIPALITY OR POLITICAL SUBDIVI-
S. 3967 12 A. 5511
1 SION, INCLUDING BUT NOT LIMITED TO A COUNTY, CITY, VILLAGE, TOWN OR
2 SCHOOL OR OTHER DISTRICT SHALL HAVE JURISDICTION OVER ANY FACILITIES OF
3 THE AUTHORITY OR ANY OF ITS ACTIVITIES OR OPERATIONS. IN THE OPERATION,
4 MAINTENANCE AND CONTROL OF ANY FACILITIES DEVOTED TO PURPOSES OTHER THAN
5 DIRECT TRANSPORTATION PURPOSES, THE AUTHORITY SHALL BE SUBJECT TO ALL
6 LOCAL LAWS, RESOLUTIONS, ORDINANCES, RULES AND REGULATIONS OF A MUNICI-
7 PALITY OR POLITICAL SUBDIVISION. EACH MUNICIPALITY OR POLITICAL SUBDIVI-
8 SION, INCLUDING BUT NOT LIMITED TO A COUNTY, CITY, VILLAGE, TOWN OR
9 DISTRICT IN WHICH ANY FACILITIES OF THE AUTHORITY ARE LOCATED SHALL
10 PROVIDE FOR SUCH FACILITIES POLICE, FIRE AND HEALTH PROTECTION SERVICES
11 OF THE SAME CHARACTER AND TO THE SAME EXTENT AS THOSE PROVIDED FOR RESI-
12 DENTS OF SUCH MUNICIPALITY OR POLITICAL SUBDIVISION. THE AUTHORITY MAY
13 AGREE WITH THE STATE DEPARTMENT OF TRANSPORTATION FOR THE EXECUTION BY
14 SUCH DEPARTMENT OF ANY GRADE CROSSING ELIMINATION PROJECT OR ANY GRADE
15 CROSSING SEPARATION RECONSTRUCTION PROJECT ALONG ANY RAILROAD FACILITY
16 OPERATED BY THE AUTHORITY OR BY ONE OF ITS SUBSIDIARY CORPORATIONS OR
17 UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY. ANY SUCH
18 PROJECT SHALL BE EXECUTED AS PROVIDED IN THE GRADE CROSSING ELIMINATION
19 ACT AND THE RAILROAD LAW, RESPECTIVELY, AND THE COSTS OF ANY SUCH
20 PROJECT SHALL BE BORNE AS PROVIDED IN SUCH LAWS, EXCEPT THAT THE AUTHOR-
21 ITY'S SHARE OF SUCH COSTS SHALL BE BORNE BY THE STATE.
22 8. THE AUTHORITY MAY ACCEPT UNCONDITIONAL GRANTS OF MONEY OR PROPERTY
23 AS SUBSIDY PAYMENTS FOR EXPANSION OF SERVICE INTO AREAS WHERE SUCH
24 SERVICE WOULD NOT BE SELF-SUPPORTING. THE AUTHORITY MAY ACCEPT UNCONDI-
25 TIONAL GRANTS OF MONEY OR PROPERTY FROM ANY CITY, VILLAGE, TOWN OR COUN-
26 TY NOT WHOLLY CONTAINED WITHIN A CITY THE WHOLE OR ANY PART OF WHICH
27 SHALL BE SERVED OR TO BE SERVED BY A TRANSPORTATION FACILITY OPERATED BY
28 THE AUTHORITY. SUCH GRANTS OF MONEY OR PROPERTY WOULD BE FOR THE PURPOSE
29 OF ASSISTING THE AUTHORITY IN MEETING ITS CAPITAL OR OPERATING EXPENSES.
30 THE ACCEPTANCE OF ANY SUCH GRANT SHALL NOT OPERATE TO MAKE THE AUTHORITY
31 AN AGENCY OF THE MUNICIPALITY MAKING THE GRANT. THE PROVISIONS OF THIS
32 SECTION ARE INTENDED AS ENABLING LEGISLATION ONLY AND SHALL NOT BE
33 INTERPRETED AS IMPLYING THAT ABSENT THEIR ENACTMENT AN AUTHORITY WOULD
34 LACK THE POWER TO ACCEPT SUCH GRANT OR SUBSIDY.
35 9. THE AUTHORITY IS HEREBY DIRECTED TO PREPARE A TRANSPORTATION PLAN
36 FOR THE PECONIC BAY REGIONAL TRANSPORTATION DISTRICT. SUCH PLAN SHALL
37 CONSIDER BUT NOT BE LIMITED TO THE FOLLOWING TRANSPORTATION ALTERNA-
38 TIVES:
39 (A) ESTABLISHMENT OF PARK AND RAIL STATIONS AT GABRESKI COUNTY
40 AIRPORT, WESTHAMPTON, SOUTHAMPTON COLLEGE, SOUTHAMPTON, EAST HAMPTON
41 TOWN AIRPORT, EAST HAMPTON, AND MONTAUK;
42 (B) ESTABLISHMENT OF SHUTTLE TRAINS FROM MONTAUK TO EAST HAMPTON, EAST
43 HAMPTON TO SOUTHAMPTON, AND SOUTHAMPTON TO WESTHAMPTON, UTILIZING THE
44 EXISTING LONG ISLAND RAILROAD RIGHT-OF-WAY;
45 (C) ADDITION OF MORE NON-STOP TRAINS FROM NEW YORK CITY TO THE PECONIC
46 BAY REGIONAL TRANSPORTATION DISTRICT ON A SEASONABLE AND WEEKEND BASIS;
47 (D) ESTABLISHMENT OF OUTLYING PARKING AREAS AND SHUTTLE BUSES TO
48 REDUCE CONGESTION IN CENTRAL BUSINESS DISTRICTS;
49 (E) ESTABLISHMENT OF A HEALTH AND HUMAN SERVICES TRANSPORTATION
50 PROGRAM TO ASSIST SENIOR CITIZENS IN LOWER INCOME RESIDENTIAL AREAS;
51 (F) TRANSFER OF AUTHORITY FOR THE ESTABLISHMENT OF SPEED LIMITS FROM
52 STATE TO LOCAL GOVERNMENT;
53 (G) RECONFIGURATION OF THE COUNTY BUS SYSTEM TO COMPLEMENT NEW TRANSIT
54 OPTIONS SUCH AS PARK AND RAIL, SHUTTLE TRAINS, INCREASED TRAINS, AND
55 OUTLYING PARKING AREAS;
56 (H) A BIKE PATH NETWORK; AND
S. 3967 13 A. 5511
1 (I) PASSENGER FERRIES.
2 10. NOTWITHSTANDING ANY OF THE ABOVE PROVISIONS, NO PROJECT MAY BE
3 UNDERTAKEN BY THE AUTHORITY UNLESS SUCH PROJECT IS A PART OF OR CONSIST-
4 ENT WITH THE ADOPTED MASTER PLAN.
5 S 1349-J. ACQUISITION AND DISPOSITION OF REAL PROPERTY. 1. IN ADDITION
6 TO THE POWERS PROVIDED IN SECTION THIRTEEN HUNDRED FORTY-NINE-H OF THIS
7 TITLE TO ACQUIRE TRANSPORTATION FACILITIES, EQUIPMENT AND REAL PROPERTY,
8 THE AUTHORITY MAY ACQUIRE, BY CONDEMNATION PURSUANT TO THE EMINENT
9 DOMAIN PROCEDURE LAW AND/OR IN ACCORDANCE WITH THE CONDEMNATION
10 PROVISIONS OF SUBDIVISION SEVEN OF THIS SECTION, ANY REAL PROPERTY IT
11 MAY DEEM NECESSARY, CONVENIENT, OR DESIRABLE TO EFFECTUATE THE PURPOSE
12 OF THIS TITLE, PROVIDED, HOWEVER, THAT ANY SUCH CONDEMNATION PROCEEDINGS
13 SHALL BE BROUGHT ONLY IN THE SUPREME COURT AND THE COMPENSATION TO BE
14 PAID SHALL BE ASCERTAINED AND DETERMINED BY THE COURT WITHOUT A JURY.
15 NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION, NO REAL
16 PROPERTY MAY BE ACQUIRED BY THE AUTHORITY BY CONDEMNATION OR BY PURCHASE
17 FOR PURPOSES OTHER THAN A TRANSPORTATION FACILITY UNLESS THE GOVERNING
18 BODY OF THE CITY, VILLAGE OR TOWN IN WHICH SUCH REAL PROPERTY IS LOCATED
19 SHALL FIRST CONSENT TO SUCH ACQUISITION.
20 2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE
21 AUTHORITY FROM BRINGING ANY PROCEEDINGS TO REMOVE A CLOUD ON TITLE OR
22 SUCH OTHER PROCEEDINGS AS IT MAY, IN ITS DISCRETION, DEEM PROPER AND
23 NECESSARY OR FROM ACQUIRING ANY SUCH PROPERTY BY NEGOTIATION OR
24 PURCHASE.
25 3. WHERE A PERSON ENTITLED TO AN AWARD IN THE PROCEEDINGS TO CONDEMN
26 ANY REAL PROPERTY FOR ANY OF THE PURPOSES OF THIS TITLE REMAINS IN
27 POSSESSION OF SUCH PROPERTY AFTER THE TIME OF THE VESTING OF TITLE IN
28 THE CONDEMNOR, THE REASONABLE VALUE OF HIS OR HER USE AND OCCUPANCY OF
29 SUCH PROPERTY SUBSEQUENT TO SUCH TIME AS FIXED BY AGREEMENT OR BY THE
30 COURT IN SUCH PROCEEDINGS OR BY ANY COURT OF COMPETENT JURISDICTION
31 SHALL BE A LIEN AGAINST SUCH AWARD SUBJECT ONLY TO THE LIENS OF RECORD
32 AT THE TIME OF VESTING OF TITLE IN THE CONDEMNOR.
33 4. TITLE TO ALL PROPERTY ACQUIRED UNDER THIS TITLE SHALL VEST IN THE
34 AUTHORITY.
35 5. THE AUTHORITY MAY, WHENEVER IT DETERMINES THAT IT IS IN THE INTER-
36 EST OF THE AUTHORITY, DISPOSE OF ANY REAL PROPERTY OR PROPERTY OTHER
37 THAN REAL PROPERTY, WHICH IT DETERMINES IS NOT NECESSARY, CONVENIENT OR
38 DESIRABLE FOR ITS PURPOSES.
39 6. THE AUTHORITY MAY, WHENEVER IT SHALL DETERMINE THAT IT IS IN THE
40 INTEREST OF THE AUTHORITY, RENT, LEASE OR GRANT EASEMENTS OR OTHER
41 RIGHTS IN, ANY LAND OR PROPERTY OF THE AUTHORITY.
42 7. THE AUTHORITY MAY ADOPT THE FOLLOWING CONDEMNATION PROCEDURES. A
43 CERTIFIED COPY OF A RESOLUTION ADOPTED BY THE AUTHORITY AUTHORIZING THE
44 ACQUISITION AND IDENTIFYING AND DESCRIBING THE PROPERTY AND FRANCHISES,
45 IF ANY, SOUGHT TO BE ACQUIRED BY CONDEMNATION SHALL BE FILED IN THE
46 OFFICE OF THE COUNTY CLERK OF THE COUNTY IN WHICH SUCH PROPERTY IS SITU-
47 ATED, HELD OR MAINTAINED. A PETITION FOR AN ORDER VESTING TITLE TO SUCH
48 PROPERTY AND FRANCHISES, IF ANY, SOUGHT TO BE ACQUIRED BY CONDEMNATION
49 SHALL SET FORTH A DESCRIPTION OF THE SAID PROPERTY AND FRANCHISES, IF
50 ANY, AND A PRAYER THAT TITLE BE VESTED IN THE AUTHORITY, SHALL BE
51 PRESENTED, UPON NOTICE OF THE APPLICATION TO CONDEMN PUBLISHED IN FIVE
52 SUCCESSIVE ISSUES OF A PUBLICATION OF GENERAL CIRCULATION WITHIN THE
53 COUNTY WHERE SUCH PROPERTY AND FRANCHISES, IF ANY, ARE LOCATED, TO A
54 SPECIAL TERM OF THE SUPREME COURT HELD AT THE TIME AND PLACE SPECIFIED
55 IN SUCH NOTICE, WITHIN THE JUDICIAL DISTRICT IN WHICH THE PROPERTY BEING
56 ACQUIRED OR SOME PART THEREOF IS SITUATED. SUCH PROCEEDINGS SHALL HAVE
S. 3967 14 A. 5511
1 PRECEDENCE OVER ALL OTHER CASES ON THE CALENDAR OF SUCH COURT, ANY OTHER
2 PROVISION OF LAW TO THE CONTRARY NOTWITHSTANDING. UPON DUE PROOF TO THE
3 SATISFACTION OF THE COURT OF THE FILING OF THE RESOLUTION AS DESCRIBED
4 IN THIS TITLE, SUCH COURT, NOT LATER THAN THREE DAYS AFTER THE PRESENTA-
5 TION OF THE PETITION, SHALL THEREUPON ENTER AN ORDER VESTING TITLE TO
6 SUCH PROPERTY AND FRANCHISES, IF ANY, IN THE AUTHORITY. UPON SUCH VEST-
7 ING OF TITLE THE AUTHORITY SHALL HAVE THE RIGHT TO ENTER UPON AND TAKE
8 POSSESSION OF SUCH PROPERTY. A NOTICE OF SUCH ACQUISITION SHALL BE
9 DIRECTED TO THE OWNERS OF THE PROPERTY AND FRANCHISES, IF ANY, SO
10 ACQUIRED AND TO ANY OTHER PERSON OR PERSONS HAVING AN ESTATE, INTEREST
11 OR EASEMENT IN SUCH PROPERTY OR A LIEN, CHARGE OR ENCUMBRANCE THEREON BY
12 PERSONAL SERVICE OR BY REGISTERED MAIL AT THE LAST KNOWN ADDRESS WITHIN
13 FIFTEEN DAYS AFTER SUCH VESTING OF TITLE. SUCH NOTICE SHALL SET FORTH
14 SUCH RESOLUTION, THE DATE OF THE SUBMISSION TO THE COURT, THE DATE OF
15 THE ORDER VESTING TITLE IN SUCH AUTHORITY AND SUCH OTHER MATTERS AS THE
16 AUTHORITY MAY DETERMINE.
17 8. IF FUNDS ARE MADE AVAILABLE BY THE AUTHORITY FOR THE PAYMENT OF THE
18 COST AND EXPENSE OF THE ACQUISITION THEREOF, THE DEPARTMENT OF TRANSPOR-
19 TATION OF THE STATE OF NEW YORK, WHEN REQUESTED BY THE AUTHORITY, MAY
20 ACQUIRE SUCH REAL PROPERTY IN THE NAME OF THE STATE AS MAY BE DETERMINED
21 FROM TIME TO TIME BY THE AUTHORITY AS BEING NECESSARY, CONVENIENT OR
22 DESIRABLE TO EFFECTUATE THE PURPOSES OF THIS TITLE, MAY REMOVE THE OWNER
23 OR OCCUPANT THEREOF WHERE NECESSARY, AND OBTAIN POSSESSION AND, WHEN
24 REQUESTED BY THE AUTHORITY, MAY DISPOSE OF ANY REAL PROPERTY SO
25 ACQUIRED, ALL ACCORDING TO THE PROCEDURE PROVIDED IN SECTION THIRTY OF
26 THE HIGHWAY LAW AND PURSUANT TO THE PROCEDURE REQUIRED UNDER FEDERAL
27 LAW, WHEN APPLICABLE. THE AUTHORITY SHALL HAVE THE RIGHT TO POSSESS AND
28 USE FOR ITS CORPORATE PURPOSES ALL SUCH REAL PROPERTY SO ACQUIRED.
29 CLAIMS FOR THE VALUE OF THE PROPERTY APPROPRIATED AND FOR LEGAL DAMAGES
30 CAUSED BY ANY SUCH APPROPRIATION SHALL BE ADJUSTED AND DETERMINED BY
31 SUCH DEPARTMENT WITH THE APPROVAL OF THE AUTHORITY OR BY THE COURT OF
32 CLAIMS AS PROVIDED IN SECTION THIRTY OF THE HIGHWAY LAW AND AS REQUIRED
33 BY FEDERAL LAW, WHEN APPLICABLE. WHEN A CLAIM HAS BEEN FILED WITH THE
34 COURT OF CLAIMS, THE CLAIMANT SHALL CAUSE A COPY OF SUCH CLAIM TO BE
35 SERVED UPON THE AUTHORITY AND THE AUTHORITY SHALL HAVE THE RIGHT TO BE
36 REPRESENTED AND HEARD BEFORE SUCH COURT. ALL AWARDS AND JUDGMENTS ARIS-
37 ING FROM SUCH CLAIMS SHALL BE PAID OUT OF MONEYS OF THE AUTHORITY. NO
38 REAL PROPERTY MAY BE ACQUIRED PURSUANT TO THE PROVISIONS OF THIS SECTION
39 FOR PURPOSES OTHER THAN A TRANSPORTATION FACILITY UNLESS THE GOVERNING
40 BODY OF THE CITY, VILLAGE OR TOWN IN WHICH SUCH REAL PROPERTY IS LOCATED
41 SHALL FIRST CONSENT TO SUCH ACQUISITION.
42 S 1349-K. COOPERATION AND ASSISTANCE OF OTHER AGENCIES. IN THE INTER-
43 EST OF ECONOMY AND TO PROMOTE COORDINATION OF AUTHORITY PROJECTS WITH
44 STATE, LOCAL, COUNTY AND REGIONAL PLANS AND ALSO TO CARRY OUT THE OBJEC-
45 TIVE OF FULL PARTICIPATION OF ALL AGENCIES IN THE DEVELOPMENT OF A
46 TRANSPORTATION SYSTEM AND FACILITIES TO MEET THE OBJECTIVES OF THIS
47 TITLE, THE AUTHORITY SHALL REQUEST AND USE EXISTING STUDIES, MASTER
48 PLANS, SURVEYS, DATA AND OTHER MATERIALS COMPLETED BY OR UNDER DEVELOP-
49 MENT BY ANY STATE AGENCY OR ANY MUNICIPALITY OR POLITICAL SUBDIVISION OF
50 THE STATE. THE AUTHORITY SHALL CONSULT WITH AND COOPERATE WITH THE
51 COMMISSIONER AND WITH PLANNING AUTHORITIES IN THE AREAS OF ITS OPER-
52 ATIONS AND SHALL UTILIZE LOCAL OR STATE PLANNING. WHEN A PROJECT IS
53 CONTEMPLATED BY THE AUTHORITY, THE AUTHORITY SHALL SUBMIT A PRELIMINARY
54 PROSPECTUS THEREOF TO THE COMMISSIONER FOR REVIEW AND COMMENT AND SHALL
55 CONSIDER THE REPORT OF THE COMMISSIONER IN FORMULATING DETAILED PLANS
56 FOR SUCH PROJECT. WHEN A PROJECT IS CONTEMPLATED BY THE AUTHORITY WITHIN
S. 3967 15 A. 5511
1 THE JURISDICTION OF ANY SUFFOLK COUNTY PLANNING BOARD, THE AUTHORITY
2 SHALL PREPARE A PRELIMINARY PROSPECTUS THEREOF, DESCRIBING THE PURPOSE,
3 GENERAL LOCATION, AND NATURE OF THE PROJECT CONTEMPLATED, WITH SUCH
4 FURTHER DATA RELATIVE THERETO THAT THE AUTHORITY SHALL CONSIDER PERTI-
5 NENT. WITHIN SIXTY DAYS OF RECEIPT OF SUCH PROSPECTUS SUCH PLANNING
6 BOARD SHALL PREPARE A REPORT THEREON, COMMENTING ON ITS CONFORMITY OR
7 LACK OF CONFORMITY WITH ANY RELATED OFFICIAL PLAN OF THE STATE OR ANY
8 OFFICIAL PLANNING AGENCY WITHIN THE REGION. SUCH REPORT SHALL BE CONSID-
9 ERED BY THE AUTHORITY IN FORMULATING DETAILED PLANS FOR SUCH A PROJECT.
10 AT THE REQUEST OF THE AUTHORITY, EACH SUCH AGENCY, MUNICIPALITY OR
11 SUBDIVISION WHICH IS ENGAGED IN HIGHWAY OR OTHER TRANSPORTATION ACTIV-
12 ITIES OR IN LAND USE OR DEVELOPMENT PLANNING, OR WHICH IS CHARGED WITH
13 THE DUTY OF PROVIDING OR REGULATING ANY TRANSPORTATION FACILITY OR ANY
14 OTHER PUBLIC FACILITY, IS FURTHER AUTHORIZED TO PROVIDE THE AUTHORITY
15 WITH INFORMATION REGARDING ITS PLANS AND PROGRAMS AFFECTING THE TRANS-
16 PORTATION DISTRICT SO THAT THE AUTHORITY MAY HAVE AVAILABLE TO IT
17 CURRENT INFORMATION WITH RESPECT THERETO. THE OFFICERS AND PERSONNEL OF
18 SUCH AGENCIES, MUNICIPALITIES OR SUBDIVISIONS, AND OF ANY OTHER GOVERN-
19 MENT OR AGENCY WHATEVER, MAY SERVE AT THE REQUEST OF THE AUTHORITY UPON
20 SUCH ADVISORY COMMITTEES AS THE AUTHORITY SHALL DETERMINE TO CREATE AND
21 SUCH OFFICERS AND PERSONNEL MAY SERVE UPON SUCH COMMITTEES WITHOUT
22 FORFEITURE OF OFFICE OR EMPLOYMENT AND WITH NO LOSS OR DIMINUTION IN THE
23 COMPENSATION, STATUS, RIGHTS AND PRIVILEGES WHICH THEY OTHERWISE ENJOY.
24 S 1349-L. NOTES AND BONDS OF THE AUTHORITY. 1. (A) THE AUTHORITY SHALL
25 HAVE POWER AND IS HEREBY AUTHORIZED FROM TIME TO TIME TO BORROW MONEY
26 AND ISSUE ITS NEGOTIABLE BONDS AND NOTES IN SUCH PRINCIPAL AMOUNT, AS,
27 IN THE OPINION OF THE AUTHORITY, SHALL BE NECESSARY TO PROVIDE SUFFI-
28 CIENT FUNDS FOR ACHIEVING ITS PURPOSES, INCLUDING THE ACQUISITION,
29 ESTABLISHMENT, CONSTRUCTION, EFFECTUATION, OPERATION, MAINTENANCE, RENO-
30 VATION, IMPROVEMENT, EXTENSION OR REPAIR OF ANY TRANSPORTATION FACILITY,
31 THE PAYMENT OF INTEREST ON BONDS AND NOTES OF THE AUTHORITY, ESTABLISH-
32 MENT OF RESERVES TO SECURE SUCH BONDS AND NOTES, THE PROVISION OF WORK-
33 ING CAPITAL AND ALL OTHER EXPENDITURES OF THE AUTHORITY AND ITS SUBSID-
34 IARY CORPORATIONS INCIDENT TO AND NECESSARY OR CONVENIENT TO CARRY OUT
35 THEIR PURPOSES AND POWERS;
36 (B) THE AUTHORITY SHALL HAVE POWER, FROM TIME TO TIME, TO ISSUE
37 RENEWAL NOTES, TO ISSUE BONDS TO PAY NOTES AND WHENEVER IT DEEMS REFUND-
38 ING EXPEDIENT, TO REFUND ANY BONDS BY THE ISSUANCE OF NEW BONDS, WHETHER
39 THE BONDS TO BE REFUNDED HAVE OR HAVE NOT MATURED, AND TO ISSUE BONDS
40 PARTLY TO REFUND BONDS THEN OUTSTANDING AND PARTLY FOR ANY OTHER
41 PURPOSE. THE REFUNDING BONDS SHALL BE SOLD AND THE PROCEEDS APPLIED TO
42 THE PURCHASE, REDEMPTION OR PAYMENT OF THE BONDS TO BE REFUNDED;
43 (C) EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED BY THE AUTHORITY,
44 EVERY ISSUE OF ITS NOTES OR BONDS SHALL BE GENERAL OBLIGATIONS OF THE
45 AUTHORITY PAYABLE OUT OF ANY REVENUES OR MONEYS OF THE AUTHORITY,
46 SUBJECT ONLY TO ANY AGREEMENTS WITH THE HOLDERS OF PARTICULAR NOTES OR
47 BONDS PLEDGING ANY PARTICULAR RECEIPTS OR REVENUES;
48 (D) WHETHER OR NOT THE NOTES OR BONDS ARE OF SUCH FORM AND CHARACTER
49 AS TO BE NEGOTIABLE INSTRUMENTS UNDER ARTICLE EIGHT OF THE UNIFORM
50 COMMERCIAL CODE, THE NOTES OR BONDS SHALL BE AND HEREBY ARE MADE NEGOTI-
51 ABLE INSTRUMENTS WITHIN THE MEANING OF AND FOR ALL THE PURPOSES OF ARTI-
52 CLE EIGHT OF THE UNIFORM COMMERCIAL CODE, SUBJECT ONLY TO THE PROVISIONS
53 OF THE NOTES OR BONDS FOR REGISTRATION.
54 2. THE NOTES AND BONDS SHALL BE AUTHORIZED BY RESOLUTION APPROVED BY
55 NOT LESS THAN A MAJORITY VOTE OF THE AUTHORITY, SHALL BEAR SUCH DATE OR
56 DATES, AND SHALL MATURE AT SUCH TIME OR TIMES, AS SPECIFIED THEREIN, AND
S. 3967 16 A. 5511
1 IN THE CASE OF ANY SUCH BOND NOT EXCEEDING FIFTY YEARS FROM THE DATE OF
2 ISSUE, AS SUCH RESOLUTION OR RESOLUTIONS MAY PROVIDE. THE NOTES AND
3 BONDS SHALL BEAR INTEREST AT SUCH RATE OR RATES, BE IN SUCH DENOMI-
4 NATIONS, BE IN SUCH FORM, EITHER COUPON OR REGISTERED, CARRY SUCH REGIS-
5 TRATION PRIVILEGES, BE EXECUTED IN SUCH MANNER, BE PAYABLE IN SUCH MEDI-
6 UM OF PAYMENT, AT SUCH PLACE OR PLACES AND BE SUBJECT TO SUCH TERMS OF
7 REDEMPTION AS SUCH RESOLUTION OR RESOLUTIONS MAY PROVIDE. THE NOTES AND
8 BONDS OF THE AUTHORITY MAY BE SOLD BY THE AUTHORITY, AT PUBLIC OR
9 PRIVATE SALE, AT SUCH PRICE OR PRICES AS THE AUTHORITY SHALL DETERMINE.
10 NO NOTES OR BONDS OF THE AUTHORITY MAY BE SOLD BY THE AUTHORITY AT
11 PRIVATE SALE, HOWEVER, UNLESS SUCH SALE AND THE TERMS THEREOF HAVE BEEN
12 APPROVED IN WRITING BY (A) THE COMPTROLLER, WHERE SUCH SALE IS NOT TO
13 THE COMPTROLLER, OR (B) THE DIRECTOR OF THE BUDGET, WHERE SUCH SALE IS
14 TO THE COMPTROLLER.
15 3. ANY RESOLUTION OR RESOLUTIONS AUTHORIZING ANY NOTES OR BONDS OR ANY
16 ISSUE THEREOF MAY CONTAIN PROVISIONS, WHICH SHALL BE A PART OF THE
17 CONTRACT WITH THE HOLDERS THEREOF, AS TO: (A) PLEDGING ALL OR ANY PART
18 OF THE FARES, TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES MADE OR
19 RECEIVED BY THE AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS, AND
20 OTHER MONEYS RECEIVED OR TO BE RECEIVED, TO SECURE THE PAYMENT OF THE
21 NOTES OR BONDS OR OF ANY ISSUE THEREOF, SUBJECT TO SUCH AGREEMENTS WITH
22 BONDHOLDERS OR NOTEHOLDERS AS MAY THEN EXIST;
23 (B) PLEDGING ALL OR ANY PART OF THE ASSETS OF THE AUTHORITY OR OF ANY
24 OF ITS SUBSIDIARY CORPORATIONS TO SECURE THE PAYMENT OF THE NOTES OR
25 BONDS OR OF ANY ISSUE OF NOTES OR BONDS, SUBJECT TO SUCH AGREEMENTS WITH
26 NOTEHOLDERS OR BONDHOLDERS AS MAY THEN EXIST;
27 (C) THE USE, AND DISPOSITION OF FARES, TOLLS, RENTALS, RATES, CHARGES
28 AND OTHER FEES MADE OR RECEIVED BY THE AUTHORITY OR ANY OF ITS SUBSID-
29 IARY CORPORATIONS;
30 (D) THE SETTING ASIDE OF RESERVES OR SINKING FUNDS AND THE REGULATION
31 AND DISPOSITION THEREOF;
32 (E) LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS OF SALE OF NOTES
33 OR BONDS MAY BE APPLIED AND PLEDGING SUCH PROCEEDS TO SECURE THE PAYMENT
34 OF THE NOTES OR BONDS OR OF ANY ISSUE THEREOF;
35 (F) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL NOTES OR BONDS; THE
36 TERMS UPON WHICH ADDITIONAL NOTES OR BONDS MAY BE ISSUED AND SECURED;
37 THE REFUNDING OF OUTSTANDING OR OTHER NOTES OR BONDS;
38 (G) THE PROCEDURE, IF ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH
39 NOTEHOLDERS OR BONDHOLDERS MAY BE AMENDED OR ABROGATED, THE AMOUNT OF
40 NOTES OR BONDS THE HOLDERS OF WHICH MUST CONSENT THERETO, AND THE MANNER
41 IN WHICH SUCH CONSENT MAY BE GIVEN;
42 (H) LIMITATIONS ON THE AMOUNT OF MONEYS TO BE EXPENDED BY THE AUTHORI-
43 TY OR ANY OF ITS SUBSIDIARY CORPORATIONS OR OPERATING, ADMINISTRATIVE OR
44 OTHER EXPENSES OF THE AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS;
45 (I) VESTING IN A TRUSTEE OR TRUSTEES SUCH PROPERTY, RIGHTS, POWERS AND
46 DUTIES IN TRUST AS THE AUTHORITY MAY DETERMINE, WHICH MAY INCLUDE ANY OR
47 ALL OF THE RIGHTS, POWERS AND DUTIES OF THE TRUSTEE APPOINTED BY THE
48 BONDHOLDERS PURSUANT TO THIS TITLE, AND LIMITING OR ABROGATING THE RIGHT
49 OF THE BONDHOLDERS TO APPOINT A TRUSTEE UNDER THIS TITLE OR LIMITING THE
50 RIGHTS, POWERS AND DUTIES OF SUCH TRUSTEE; AND
51 (J) ANY OTHER MATTERS, OF LIKE OR DIFFERENT CHARACTER, WHICH IN ANY
52 WAY AFFECT THE SECURITY OR PROTECTION OF THE NOTES OR BONDS.
53 4. IN ADDITION TO THE POWERS CONFERRED UPON THE AUTHORITY TO SECURE
54 ITS NOTES AND BONDS, THE AUTHORITY SHALL HAVE POWER IN CONNECTION WITH
55 THE ISSUANCE OF NOTES AND BONDS TO ENTER INTO SUCH AGREEMENTS AS THE
56 AUTHORITY MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE CONCERNING THE USE
S. 3967 17 A. 5511
1 OR DISPOSITION OF ITS MONIES OR PROPERTY OR THE MONIES OR PROPERTY OF
2 ANY OF ITS SUBSIDIARY CORPORATIONS, INCLUDING THE MORTGAGING OF ANY SUCH
3 PROPERTY AND THE ENTRUSTING, PLEDGING OR CREATION OF ANY OTHER SECURITY
4 INTEREST IN ANY SUCH MONIES OR PROPERTY AND THE DOING OF ANY ACT
5 (INCLUDING REFRAINING FROM DOING ANY ACT) WHICH THE AUTHORITY WOULD HAVE
6 THE RIGHT TO DO IN THE ABSENCE OF SUCH AGREEMENTS. THE AUTHORITY SHALL
7 HAVE POWER TO ENTER INTO AMENDMENTS OF ANY SUCH AGREEMENTS WITHIN THE
8 POWERS GRANTED TO THE AUTHORITY BY THIS TITLE AND TO PERFORM SUCH AGREE-
9 MENTS. THE PROVISIONS OF ANY SUCH AGREEMENTS MAY BE MADE A PART OF THE
10 CONTRACT WITH THE HOLDERS OF THE NOTES AND BONDS OF THE AUTHORITY.
11 5. IT IS THE INTENTION HEREOF THAT ANY PLEDGE, MORTGAGE OR SECURITY
12 INSTRUMENT MADE BY THE AUTHORITY SHALL BE VALID AND BINDING FROM THE
13 TIME WHEN THE PLEDGE, MORTGAGE OR SECURITY INSTRUMENT IS MADE; THAT THE
14 MONIES OR PROPERTY SO PLEDGED, MORTGAGED AND ENTRUSTED AND THEREAFTER
15 RECEIVED BY THE AUTHORITY SHALL IMMEDIATELY BE SUBJECT TO THE LIEN OF
16 SUCH PLEDGE, MORTGAGE OR SECURITY INSTRUMENT WITHOUT ANY PHYSICAL DELIV-
17 ERY THEREOF OR FURTHER ACT; AND THAT THE LIEN OF ANY SUCH PLEDGE, MORT-
18 GAGE OR SECURITY INSTRUMENT SHALL BE VALID AND BINDING AS AGAINST ALL
19 PARTIES HAVING CLAIMS OF ANY KIND IN TORT, CONTRACT OR OTHERWISE AGAINST
20 THE AUTHORITY, IRRESPECTIVE OF WHETHER SUCH PARTIES HAVE NOTICE THEREOF.
21 NEITHER THE RESOLUTION NOR ANY MORTGAGE, SECURITY INSTRUMENT OR OTHER
22 INSTRUMENT BY WHICH A PLEDGE, MORTGAGE LIEN OR OTHER SECURITY IS CREATED
23 NEED BE RECORDED OR FILED AND THE AUTHORITY SHALL NOT BE REQUIRED TO
24 COMPLY WITH ANY OF THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE.
25 6. NEITHER THE MEMBERS OF THE AUTHORITY NOR ANY PERSON EXECUTING THE
26 NOTES OR BONDS SHALL BE LIABLE PERSONALLY ON THE NOTES OR BONDS OR BE
27 SUBJECT TO ANY PERSONAL LIABILITY OR ACCOUNTABILITY BY REASON OF THE
28 ISSUANCE THEREOF.
29 7. THE AUTHORITY, SUBJECT TO SUCH AGREEMENTS WITH NOTEHOLDERS OR BOND-
30 HOLDERS AS MAY THEN EXIST, SHALL HAVE POWER OUT OF ANY FUNDS AVAILABLE
31 THEREFOR TO PURCHASE NOTES OR BONDS OF THE AUTHORITY, WHICH SHALL THERE-
32 UPON BE CANCELLED, AT A PRICE NOT EXCEEDING (A) IF THE NOTES OR BONDS
33 ARE THEN REDEEMABLE, THE REDEMPTION PRICE THEN APPLICABLE PLUS ACCRUED
34 INTEREST TO THE NEXT INTEREST PAYMENT DATE THEREON, OR (B) IF THE NOTES
35 OR BONDS ARE NOT THEN REDEEMABLE, THE REDEMPTION PRICE APPLICABLE ON THE
36 FIRST DATE AFTER SUCH PURCHASE UPON WHICH THE NOTES OR BONDS BECOME
37 SUBJECT TO REDEMPTION PLUS ACCRUED INTEREST TO SUCH DATE.
38 8. THE STATE SHALL NOT BE LIABLE ON NOTES OR BONDS OF THE AUTHORITY
39 AND SUCH NOTES AND BONDS SHALL NOT BE A DEBT OF THE STATE, AND SUCH
40 NOTES AND BONDS SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH
41 EFFECT.
42 S 1349-M. RESERVE FUNDS AND APPROPRIATIONS. 1. THE AUTHORITY MAY
43 CREATE AND ESTABLISH ONE OR MORE RESERVE FUNDS TO BE KNOWN AS DEBT
44 SERVICE RESERVE FUNDS AND MAY PAY INTO SUCH DEBT SERVICE RESERVE FUNDS
45 (A) ANY MONIES APPROPRIATED AND MADE AVAILABLE BY THE STATE FOR THE
46 PURPOSES OF SUCH FUNDS, (B) ANY PROCEEDS OF SALE OF NOTES OR BONDS TO
47 THE EXTENT PROVIDED IN THE RESOLUTION OF THE AUTHORITY AUTHORIZING THE
48 ISSUANCE THEREOF, AND (C) ANY OTHER MONIES WHICH MAY BE MADE AVAILABLE
49 TO THE AUTHORITY FOR THE PURPOSE OF SUCH FUNDS FROM ANY OTHER SOURCE OR
50 SOURCES. THE MONIES HELD IN OR CREDITED TO ANY DEBT SERVICE RESERVE FUND
51 ESTABLISHED UNDER THIS SECTION, EXCEPT AS PROVIDED IN THIS TITLE, SHALL
52 BE USED SOLELY FOR THE PAYMENT OF THE PRINCIPAL OF BONDS OF THE AUTHORI-
53 TY SECURED BY SUCH DEBT SERVICE RESERVE FUND AS THE SAME MATURE, THE
54 PURCHASE OF SUCH BONDS OF THE AUTHORITY, THE PAYMENT OF INTEREST ON SUCH
55 BONDS OF THE AUTHORITY OR THE PAYMENT OF ANY REDEMPTION PREMIUM REQUIRED
56 TO BE PAID WHEN SUCH BONDS ARE REDEEMED PRIOR TO MATURITY; PROVIDED,
S. 3967 18 A. 5511
1 HOWEVER, THAT THE AUTHORITY SHALL HAVE POWER TO PROVIDE THAT MONIES IN
2 ANY SUCH FUND SHALL NOT BE WITHDRAWN THEREFROM AT ANY TIME IN SUCH
3 AMOUNT AS WOULD REDUCE THE AMOUNT OF SUCH FUND TO LESS THAN THE MAXIMUM
4 AMOUNT OF PRINCIPAL AND INTEREST MATURING AND BECOMING DUE IN ANY
5 SUCCEEDING CALENDAR YEAR OR YEARS NOT EXCEEDING TWO SUCH YEARS ON THE
6 BONDS OF THE AUTHORITY THEN OUTSTANDING AND SECURED BY SUCH DEBT SERVICE
7 RESERVE FUND, EXCEPT FOR THE PURPOSE OF PAYING PRINCIPAL OF AND INTEREST
8 ON SUCH BONDS OF THE AUTHORITY SECURED BY SUCH DEBT SERVICE RESERVE FUND
9 MATURING AND BECOMING DUE AND FOR THE PAYMENT OF WHICH OTHER MONIES OF
10 THE AUTHORITY ARE NOT AVAILABLE. ANY INCOME OR INTEREST EARNED BY, OR
11 INCREMENT TO, ANY SUCH DEBT SERVICE RESERVE FUND DUE TO THE INVESTMENT
12 THEREOF MAY BE TRANSFERRED BY THE AUTHORITY TO ANY OTHER FUND OR ACCOUNT
13 OF THE AUTHORITY AND THE AUTHORITY SHALL HAVE POWER TO PROVIDE THAT ANY
14 SUCH TRANSFER SHALL NOT REDUCE THE AMOUNT OF SUCH DEBT SERVICE RESERVE
15 FUND BELOW THE MAXIMUM AMOUNT OF PRINCIPAL AND INTEREST MATURING AND
16 BECOMING DUE IN ANY SUCCEEDING CALENDAR YEAR OR YEARS NOT EXCEEDING TWO
17 SUCH YEARS ON ALL BONDS OF THE AUTHORITY THEN OUTSTANDING AND SECURED BY
18 SUCH DEBT SERVICE RESERVE FUND.
19 2. THE AUTHORITY SHALL HAVE POWER TO PROVIDE THAT IT SHALL NOT ISSUE
20 BONDS AT ANY TIME IF THE MAXIMUM AMOUNT OF PRINCIPAL AND INTEREST MATUR-
21 ING AND BECOMING DUE IN ANY SUCCEEDING CALENDAR YEAR OR YEARS NOT
22 EXCEEDING TWO SUCH YEARS ON THE BONDS OUTSTANDING AND THEN TO BE ISSUED
23 AND SECURED BY A DEBT SERVICE RESERVE FUND WILL EXCEED THE AMOUNT OF
24 SUCH DEBT SERVICE RESERVE FUND AT THE TIME OF ISSUANCE, UNLESS THE
25 AUTHORITY, AT THE TIME OF THE ISSUANCE OF SUCH BONDS, SHALL DEPOSIT IN
26 SUCH DEBT SERVICE RESERVE FUND FROM THE PROCEEDS OF THE BONDS SO TO BE
27 ISSUED, OR OTHERWISE, AN AMOUNT WHICH, TOGETHER WITH THE AMOUNT THEN IN
28 SUCH DEBT SERVICE RESERVE FUND, WILL BE NOT LESS THAN THE MAXIMUM AMOUNT
29 OF PRINCIPAL AND INTEREST MATURING AND BECOMING DUE IN ANY SUCH SUCCEED-
30 ING CALENDAR YEAR OR YEARS NOT EXCEEDING TWO SUCH YEARS ON THE BONDS
31 THEN TO BE ISSUED AND ON ALL OTHER BONDS OF THE AUTHORITY THEN OUTSTAND-
32 ING AND SECURED BY SUCH DEBT SERVICE RESERVE FUND.
33 3. IN COMPUTING THE AMOUNT OF ANY DEBT SERVICE RESERVE FUND FOR THE
34 PURPOSES OF THIS SECTION, SECURITIES IN WHICH ALL OR A PORTION OF SUCH
35 FUND SHALL BE INVESTED SHALL BE VALUED AT PAR, OR IF PURCHASED AT LESS
36 THAN PAR, AT THEIR COST TO THE AUTHORITY.
37 S 1349-N. AGREEMENT OF THE STATE. THE STATE DOES HEREBY PLEDGE TO AND
38 AGREE WITH THE HOLDERS OF ANY NOTES OR BONDS ISSUED UNDER THIS TITLE,
39 THAT THE STATE WILL NOT LIMIT OR ALTER THE RIGHTS HEREBY VESTED IN THE
40 AUTHORITY TO FULFILL THE TERMS OF ANY AGREEMENTS MADE WITH THE HOLDERS
41 THEREOF, OR IN ANY WAY IMPAIR THE RIGHTS AND REMEDIES OF SUCH HOLDERS
42 UNTIL SUCH NOTES OR BONDS, TOGETHER WITH THE INTEREST THEREON, WITH
43 INTEREST ON ANY UNPAID INSTALLMENTS OF INTEREST, AND ALL COSTS AND
44 EXPENSES FOR WHICH THE AUTHORITY IS LIABLE IN CONNECTION WITH ANY ACTION
45 OR PROCEEDING BY OR ON BEHALF OF SUCH HOLDERS, ARE FULLY MET AND
46 DISCHARGED. THE AUTHORITY IS AUTHORIZED TO INCLUDE THIS PLEDGE AND
47 AGREEMENT OF THE STATE IN ANY AGREEMENT WITH THE HOLDERS OF SUCH NOTES
48 OR BONDS.
49 S 1349-O. RIGHT OF STATE TO REQUIRE REDEMPTION OF BONDS. NOTWITHSTAND-
50 ING AND IN ADDITION TO ANY PROVISIONS FOR THE REDEMPTION OF BONDS WHICH
51 MAY BE CONTAINED IN ANY CONTRACT WITH THE HOLDERS OF THE BONDS, THE
52 STATE MAY, UPON FURNISHING SUFFICIENT FUNDS THEREFOR, REQUIRE THE
53 AUTHORITY TO REDEEM, PRIOR TO MATURITY, AS A WHOLE, ANY ISSUE OF BONDS
54 ON ANY INTEREST PAYMENT DATE NOT LESS THAN TWENTY YEARS AFTER THE DATE
55 OF THE BONDS OF SUCH ISSUE AT ONE HUNDRED FIVE PER CENTUM OF THEIR FACE
56 VALUE AND ACCRUED INTEREST OR AT SUCH LOWER REDEMPTION PRICE AS MAY BE
S. 3967 19 A. 5511
1 PROVIDED IN THE BONDS IN CASE OF THE REDEMPTION THEREOF AS A WHOLE ON
2 THE REDEMPTION DATE. NOTICE OF SUCH REDEMPTION SHALL BE PUBLISHED IN AT
3 LEAST TWO NEWSPAPERS PUBLISHED AND CIRCULATING IN THE REGIONAL TRANSPOR-
4 TATION DISTRICT, AT LEAST TWICE, THE FIRST PUBLICATION TO BE AT LEAST
5 THIRTY DAYS BEFORE THE DATE OF REDEMPTION.
6 S 1349-P. REMEDIES OF NOTEHOLDERS AND BONDHOLDERS. 1. IN THE EVENT
7 THAT THE AUTHORITY SHALL DEFAULT IN THE PAYMENT OF PRINCIPAL OF OR
8 INTEREST ON ANY ISSUE OF NOTES OR BONDS AFTER THE SAME SHALL BECOME DUE,
9 WHETHER AT MATURITY OR UPON CALL FOR REDEMPTION, AND SUCH DEFAULT SHALL
10 CONTINUE FOR A PERIOD OF THIRTY DAYS, OR IN THE EVENT THAT THE AUTHORITY
11 SHALL FAIL OR REFUSE TO COMPLY WITH THE PROVISIONS OF THIS TITLE OR
12 SHALL DEFAULT IN ANY AGREEMENT MADE WITH THE HOLDERS OF ANY ISSUE OF
13 NOTES OR BONDS, THE HOLDERS OF TWENTY-FIVE PER CENTUM IN AGGREGATE PRIN-
14 CIPAL AMOUNT OF THE NOTES OR BONDS OF SUCH ISSUE THEN OUTSTANDING, BY
15 INSTRUMENT OR INSTRUMENTS FILED IN THE OFFICE OF THE CLERK OF ANY COUNTY
16 IN WHICH THE AUTHORITY OPERATES AND HAS AN OFFICE AND PROVED OR ACKNOWL-
17 EDGED IN THE SAME MANNER AS A DEED TO BE RECORDED, MAY APPOINT A TRUSTEE
18 TO REPRESENT THE HOLDERS OF SUCH NOTES OR BONDS FOR THE PURPOSES
19 PROVIDED IN THIS SECTION.
20 2. SUCH TRUSTEE MAY, AND UPON WRITTEN REQUEST OF THE HOLDERS OF TWEN-
21 TY-FIVE PER CENTUM IN PRINCIPAL AMOUNT OF SUCH NOTES OR BONDS THEN
22 OUTSTANDING SHALL, IN HIS OR HER OR ITS OWN NAME:
23 (A) BY SUIT, ACTION OR PROCEEDING IN ACCORDANCE WITH THE CIVIL PRAC-
24 TICE LAW AND RULES, ENFORCE ALL RIGHTS OF THE NOTEHOLDERS OR BONDHOLD-
25 ERS, INCLUDING THE RIGHT TO REQUIRE THE AUTHORITY TO COLLECT FARES,
26 TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES ADEQUATE TO CARRY OUT ANY
27 AGREEMENT AS TO, OR PLEDGE OF, SUCH FARES, TOLLS, RENTALS, RATES, CHARG-
28 ES AND OTHER FEES AND TO REQUIRE THE AUTHORITY TO CARRY OUT ANY OTHER
29 AGREEMENTS WITH THE HOLDERS OF SUCH NOTES OR BONDS AND TO PERFORM ITS
30 DUTIES UNDER THIS TITLE;
31 (B) BRING SUIT UPON SUCH NOTES OR BONDS;
32 (C) BY ACTION OR SUIT, REQUIRE THE AUTHORITY TO ACCOUNT AS IF IT WERE
33 THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH NOTES OR BONDS;
34 (D) BY ACTION OR SUIT, ENJOIN ANY ACTS OR THINGS WHICH MAY BE UNLAWFUL
35 OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH NOTES OR BONDS;
36 (E) DECLARE ALL SUCH NOTES OR BONDS DUE AND PAYABLE, AND IF ALL
37 DEFAULTS SHALL BE MADE GOOD, THEN, WITH THE CONSENT OF THE HOLDERS OF
38 TWENTY-FIVE PER CENTUM OF THE PRINCIPAL AMOUNT OF SUCH NOTES OR BONDS
39 THEN OUTSTANDING, TO ANNUL SUCH DECLARATION AND ITS CONSEQUENCES.
40 3. SUCH TRUSTEE SHALL IN ADDITION TO THE FOREGOING HAVE AND POSSESS
41 ALL OF THE POWERS NECESSARY OR APPROPRIATE FOR THE EXERCISE OF ANY FUNC-
42 TIONS SPECIFICALLY SET FORTH IN THIS SECTION OR INCIDENT TO THE GENERAL
43 REPRESENTATION OF BONDHOLDERS OR NOTEHOLDERS IN THE ENFORCEMENT AND
44 PROTECTION OF THEIR RIGHTS.
45 4. THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY SUIT, ACTION OR
46 PROCEEDINGS BY THE TRUSTEE ON BEHALF OF SUCH NOTEHOLDERS OR BONDHOLDERS.
47 THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE LAID IN THE
48 COUNTY IN WHICH THE INSTRUMENT OR INSTRUMENTS ARE FILED IN ACCORDANCE
49 WITH SUBDIVISION ONE OF THIS SECTION.
50 5. BEFORE DECLARING THE PRINCIPAL OF NOTES OR BONDS DUE AND PAYABLE,
51 THE TRUSTEE SHALL FIRST GIVE THIRTY DAYS NOTICE IN WRITING TO THE GOVER-
52 NOR, TO THE AUTHORITY, TO THE COMPTROLLER AND TO THE ATTORNEY GENERAL OF
53 THE STATE.
54 S 1349-Q. NOTES AND BONDS AS LEGAL INVESTMENT. THE NOTES AND BONDS OF
55 THE AUTHORITY ARE HEREBY MADE SECURITIES IN WHICH ALL PUBLIC OFFICERS
56 AND BODIES OF THE STATE AND ALL MUNICIPALITIES AND POLITICAL SUBDIVI-
S. 3967 20 A. 5511
1 SIONS, ALL INSURANCE COMPANIES AND ASSOCIATIONS AND OTHER PERSONS CARRY-
2 ING ON AN INSURANCE BUSINESS, ALL BANKS, BANKERS, TRUST COMPANIES,
3 SAVINGS BANKS AND SAVINGS ASSOCIATIONS, INCLUDING SAVINGS AND LOAN ASSO-
4 CIATIONS, BUILDING AND LOAN ASSOCIATIONS, INVESTMENT COMPANIES AND OTHER
5 PERSONS CARRYING ON A BANKING BUSINESS, ALL ADMINISTRATORS, GUARDIANS,
6 EXECUTORS, TRUSTEES AND OTHER FIDUCIARIES, AND ALL OTHER PERSONS WHATSO-
7 EVER WHO ARE NOW OR WHO MAY HEREAFTER BE AUTHORIZED TO INVEST IN BONDS
8 OR OTHER OBLIGATIONS OF THE STATE, MAY PROPERLY AND LEGALLY INVEST FUNDS
9 INCLUDING CAPITAL IN THEIR CONTROL OR BELONGING TO THEM. NOTWITHSTANDING
10 ANY OTHER PROVISIONS OF LAW, THE BONDS OF THE AUTHORITY ARE ALSO HEREBY
11 MADE SECURITIES WHICH MAY BE DEPOSITED WITH AND SHALL BE RECEIVED BY ALL
12 PUBLIC OFFICERS AND BODIES OF THIS STATE AND ALL MUNICIPALITIES AND
13 POLITICAL SUBDIVISIONS FOR ANY PURPOSE FOR WHICH THE DEPOSIT OF BONDS OR
14 OTHER OBLIGATIONS OF THE STATE IS NOW OR MAY HEREAFTER BE AUTHORIZED.
15 S 1349-R. EXEMPTION FROM TAXATION. IT IS HEREBY FOUND, DETERMINED AND
16 DECLARED THAT THE CREATION OF THE AUTHORITY AND THE CARRYING OUT OF ITS
17 PURPOSES IS IN ALL RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE STATE
18 OF NEW YORK AND FOR THE IMPROVEMENT OF THEIR HEALTH, WELFARE AND PROS-
19 PERITY AND IS A PUBLIC PURPOSE, AND THAT THE AUTHORITY WILL BE PERFORM-
20 ING AN ESSENTIAL GOVERNMENTAL FUNCTION IN THE EXERCISE OF THE POWERS
21 CONFERRED UPON IT BY THIS TITLE. WITHOUT LIMITING THE GENERALITY OF THE
22 FOLLOWING PROVISIONS OF THIS SECTION, PROPERTY OWNED BY THE AUTHORITY
23 AND USED FOR TRANSPORTATION PURPOSES, PROPERTY LEASED BY THE AUTHORITY
24 AND USED FOR TRANSPORTATION PURPOSES, AND PROPERTY USED FOR TRANSPORTA-
25 TION PURPOSES BY OR FOR THE BENEFIT OF THE AUTHORITY EXCLUSIVELY PURSU-
26 ANT TO THE PROVISIONS OF A JOINT SERVICE ARRANGEMENT OR OF A JOINT
27 FACILITIES AGREEMENT OR TRACKAGE RIGHTS AGREEMENT SHALL ALL BE EXEMPT
28 FROM TAXATION AND SPECIAL AD VALOREM LEVIES. THE AUTHORITY SHALL BE
29 REQUIRED TO PAY NO FEES, TAXES OR ASSESSMENTS, WHETHER STATE OR LOCAL,
30 EXCEPT SPECIAL BENEFIT ASSESSMENTS IF SAID PROPERTY IS LOCATED IN A
31 SPECIAL BENEFIT DISTRICT, INCLUDING BUT NOT LIMITED TO FEES, TAXES OR
32 ASSESSMENTS ON REAL ESTATE, FRANCHISE TAXES, SALES TAXES OR OTHER EXCISE
33 TAXES, UPON ANY OF ITS PROPERTY, OR UPON THE USES THEREOF, OR UPON ITS
34 ACTIVITIES IN THE OPERATION AND MAINTENANCE OF ITS FACILITIES OR ON ANY
35 FARES, TOLLS, RENTALS, RATES, CHARGES OR OTHER FEES, REVENUES OR OTHER
36 INCOME RECEIVED BY THE AUTHORITY AND ALL BONDS, NOTES AND OBLIGATIONS OF
37 THE AUTHORITY AND THE INCOME THEREFROM SHALL AT ALL TIMES BE EXEMPT FROM
38 TAXATION, EXCEPT FOR GIFT AND ESTATE TAXES AND TAXES ON TRANSFERS. THIS
39 SECTION SHALL CONSTITUTE A COVENANT AND AGREEMENT WITH THE HOLDERS OF
40 ALL BONDS, NOTES AND OBLIGATIONS ISSUED BY THE AUTHORITY. THE TERMS
41 "TAXATION" AND "SPECIAL AD VALOREM LEVY" SHALL HAVE THE SAME MEANINGS AS
42 DEFINED IN SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW AND THE
43 TERM "TRANSPORTATION PURPOSES" SHALL HAVE THE SAME MEANING AS USED IN
44 TITLES TWO-A AND TWO-B OF ARTICLE FOUR OF SUCH LAW.
45 S 1349-S. ACTIONS AGAINST THE AUTHORITY. 1. AS A CONDITION TO THE
46 CONSENT OF THE STATE TO SUCH SUITS AGAINST THE AUTHORITY, IN EVERY
47 ACTION AGAINST THE AUTHORITY FOR DAMAGES, FOR INJURIES TO REAL OR
48 PERSONAL PROPERTY OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJU-
49 RIES OR DEATH, THE COMPLAINT SHALL CONTAIN AN ALLEGATION THAT AT LEAST
50 THIRTY DAYS HAVE ELAPSED SINCE THE DEMAND, CLAIM OR CLAIMS UPON WHICH
51 SUCH ACTION IS FOUNDED WERE PRESENTED TO A MEMBER OF THE AUTHORITY OR
52 OTHER OFFICER DESIGNATED FOR SUCH PURPOSE AND THE AUTHORITY HAS
53 NEGLECTED OR REFUSED TO MAKE AN ADJUSTMENT OR PAYMENT THEREOF.
54 2. AN ACTION AGAINST THE AUTHORITY FOUNDED ON TORT, EXCEPT AN ACTION
55 FOR WRONGFUL DEATH, SHALL NOT BE COMMENCED MORE THAN ONE YEAR AFTER THE
56 CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED, NOR UNLESS A NOTICE OF
S. 3967 21 A. 5511
1 CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME LIMITED BY
2 AND IN COMPLIANCE WITH ALL THE REQUIREMENTS OF SECTION FIFTY-E OF THE
3 GENERAL MUNICIPAL LAW. AN ACTION AGAINST THE AUTHORITY FOR WRONGFUL
4 DEATH SHALL BE COMMENCED IN ACCORDANCE WITH THE NOTICE OF CLAIM AND TIME
5 LIMITATION PROVISIONS OF TITLE ELEVEN OF ARTICLE NINE OF THIS CHAPTER.
6 3. THE AUTHORITY SHALL BE LIABLE, AND SHALL ASSUME THE LIABILITY TO
7 THE EXTENT THAT IT SHALL SAVE HARMLESS ANY DULY APPOINTED OFFICER OR
8 EMPLOYEE OF THE AUTHORITY, FOR THE NEGLIGENCE OF SUCH OFFICER OR EMPLOY-
9 EE, IN THE OPERATION OF A VEHICLE OR OTHER FACILITY OF TRANSPORTATION
10 OWNED OR OTHERWISE UNDER THE JURISDICTION AND CONTROL OF THE AUTHORITY
11 IN THE DISCHARGE OF A DUTY IMPOSED UPON SUCH OFFICER OR EMPLOYEE AT THE
12 TIME OF THE ACCIDENT, INJURY OR DAMAGES COMPLAINED OF, WHILE OTHERWISE
13 ACTING IN THE PERFORMANCE OF HIS OR HER DUTIES AND WITHIN THE SCOPE OF
14 HIS OR HER EMPLOYMENT.
15 4. THE AUTHORITY MAY REQUIRE ANY PERSON, PRESENTING FOR SETTLEMENT AN
16 ACCOUNT OR CLAIM FOR ANY CAUSE WHATEVER AGAINST THE AUTHORITY, TO BE
17 SWORN BEFORE A MEMBER, COUNSEL OR AN ATTORNEY, OFFICER OR EMPLOYEE OF
18 THE AUTHORITY DESIGNATED FOR SUCH PURPOSE, CONCERNING SUCH ACCOUNT OR
19 CLAIM AND WHEN SO SWORN TO ANSWER ORALLY AS TO ANY FACTS RELATIVE TO
20 SUCH ACCOUNT OR CLAIM. THE AUTHORITY SHALL HAVE POWER TO SETTLE OR
21 ADJUST ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
22 5. THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY JUDGMENT
23 FOR WHICH IT IS LIABLE SHALL NOT EXCEED FOUR PER CENTUM PER ANNUM.
24 6. THE PROVISIONS OF THIS SECTION WHICH RELATE TO THE REQUIREMENT FOR
25 SERVICE OF A NOTICE OF CLAIM SHALL NOT APPLY TO A SUBSIDIARY CORPORATION
26 OF THE AUTHORITY. IN ALL OTHER RESPECTS, EACH SUBSIDIARY CORPORATION OF
27 THE AUTHORITY SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION AS IF
28 SUCH SUBSIDIARY CORPORATION WERE SEPARATELY NAMED IN THIS SECTION,
29 PROVIDED, HOWEVER, THAT A SUBSIDIARY CORPORATION OF THE AUTHORITY WHICH
30 IS A STOCK CORPORATION SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS
31 SECTION EXCEPT WITH RESPECT TO THOSE CAUSES OF ACTION ARISING ON AND
32 AFTER THE FIRST OF THE TWELFTH CALENDAR MONTH FOLLOWING THAT CALENDAR
33 MONTH IN WHICH SUCH STOCK CORPORATION BECOMES A SUBSIDIARY CORPORATION
34 OF THE AUTHORITY.
35 S 1349-T. AGREEMENTS RELATING TO PAYMENT IN LIEU OF TAXES. TO THE END
36 THAT MUNICIPAL CORPORATIONS, COUNTIES AND SCHOOL DISTRICTS MAY NOT
37 SUFFER UNDUE LOSS OF TAXES OR ASSESSMENTS:
38 IF THE AUTHORITY ACQUIRES PROPERTY FOR NON-TRANSPORTATION PURPOSES
39 (E.G. FOR FUTURE TRANSPORTATION PURPOSES BUT NOT TO BE SO USED IMME-
40 DIATELY) THE AUTHORITY, EXCEPT AS PROVIDED IN THIS TITLE, SHALL PAY TO
41 THE PARTICIPATING COUNTY AND/OR CITY, TOWN OR SCHOOL DISTRICT WHERE THE
42 PROPERTY IS LOCATED, ANNUALLY, IN LIEU OF TAXES, A SUM EQUAL TO THE SUM
43 LAST PAID AS TAXES UPON THE PROPERTY PRIOR TO THE TIME OF ITS ACQUISI-
44 TION BY THE AUTHORITY. SHOULD SUCH PROPERTY BE SUBSEQUENTLY DEVELOPED
45 AND IMPROVED BUT STILL REMAIN UNUSED FOR TRANSPORTATION PURPOSES, IT
46 SHALL DURING SUCH PERIOD OF DISUSE FOR TRANSPORTATION BE SUBJECT TO
47 ASSESSMENT, AT THE PREVAILING METHOD OF DETERMINING ASSESSMENTS, BY THE
48 COUNTY AND/OR CITY AND/OR SCHOOL DISTRICT AND THE AUTHORITY SHALL, BASED
49 ON SUCH ASSESSMENT, ANNUALLY, IN LIEU OF TAXES, PAY TO THE COUNTY AND/OR
50 CITY AND/OR SCHOOL DISTRICT AN AMOUNT FIXED BY IT.
51 IF THE AUTHORITY ACQUIRES PROPERTY FOR TRANSPORTATION PURPOSES BUT
52 SUBSEQUENTLY USES SUCH PROPERTY FOR NON-TRANSPORTATION PURPOSES, THEN
53 THE AUTHORITY SHALL BE REQUIRED, EXCEPT AS PROVIDED IN THIS TITLE, TO
54 PAY ANNUALLY IN LIEU OF TAXES TO THE PARTICIPATING COUNTY AND/OR CITY
55 AND/OR SCHOOL DISTRICT WHEREIN SUCH PROPERTY IS LOCATED, AN AMOUNT EQUAL
56 TO THE SUM WHICH THE SAID COUNTY AND/OR CITY AND/OR SCHOOL DISTRICT
S. 3967 22 A. 5511
1 WOULD ORDINARILY BE IMPOSED AS TAXES, PURSUANT TO THE PREVAILING METHOD
2 OF DETERMINING ASSESSMENTS.
3 PROPERTIES ACQUIRED BY THE AUTHORITY FOR TRANSPORTATION AND USED AS
4 SUCH, SHALL NOT BE SUBJECT TO THE PAYMENT OF ANY TAXES EXCEPT THAT THE
5 AUTHORITY SHALL PAY SUCH PROPERTY SPECIAL BENEFIT ASSESSMENTS ON THE
6 PROPERTY IF IT IS LOCATED IN AN EXISTING SPECIAL BENEFIT DISTRICT.
7 S 1349-U. INTEREST OF MEMBERS OR EMPLOYEES OF AUTHORITY IN CONTRACTS
8 PROHIBITED. IT SHALL BE A MISDEMEANOR FOR A MEMBER OF THE AUTHORITY OR
9 AN OFFICER, AGENT, SERVANT OR EMPLOYEE EMPLOYED BY OR APPOINTED BY THE
10 AUTHORITY, TO BE IN ANY WAY OR MANNER INTERESTED, DIRECTLY OR INDIRECT-
11 LY, AS PRINCIPAL, SURETY OR OTHERWISE, IN A CONTRACT, THE EXPENSE OR
12 CONSIDERATION WHEREOF IS PAYABLE OUT OF THE FUNDS OF THE AUTHORITY.
13 S 1349-V. FISCAL YEAR. THE FISCAL YEAR OF THE AUTHORITY SHALL BEGIN ON
14 THE FIRST DAY OF JANUARY.
15 S 1349-W. CONSENT BY THE STATE. THE COMMISSIONER OF GENERAL SERVICES
16 SHALL HAVE POWER, IN HIS OR HER DISCRETION, FROM TIME TO TIME TO TRANS-
17 FER AND CONVEY TO THE AUTHORITY, OR TO ONE OR MORE PARTICIPATING COUN-
18 TIES FOR THE USE OF THE AUTHORITY, AND FOR SUCH CONSIDERATION AND UPON
19 SUCH TERMS AND CONDITIONS AS MAY BE DETERMINED BY HIM OR HER TO BE PAID
20 TO THE STATE, UNAPPROPRIATED STATE LANDS, ABANDONED CANAL LANDS AND
21 LANDS UNDER WATER WHICH THE AUTHORITY SHALL CERTIFY TO BE NECESSARY OR
22 DESIRABLE FOR THE CORPORATE PURPOSES OF THE AUTHORITY.
23 S 1349-X. SEPARABILITY. IF ANY PROVISION OF ANY SECTION OF THIS TITLE
24 OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL BE
25 ADJUDGED INVALID BY A COURT OF COMPETENT JURISDICTION, SUCH ORDER OR
26 JUDGMENT SHALL BE CONFINED IN ITS OPERATION TO THE CONTROVERSY IN WHICH
27 IT WAS RENDERED, AND SHALL NOT AFFECT OR INVALIDATE THE REMAINDER OF ANY
28 PROVISION OF ANY SECTION OF THIS TITLE OR THE APPLICATION OF ANY PART
29 THEREOF TO ANY OTHER PERSON OR CIRCUMSTANCE AND TO THIS END THE
30 PROVISIONS OF EACH SECTION OF THIS TITLE ARE HEREBY DECLARED TO BE
31 SEVERABLE.
32 S 1349-Y. EFFECT OF INCONSISTENT PROVISIONS. INSOFAR AS THE PROVISIONS
33 OF THIS TITLE ARE INCONSISTENT WITH THE PROVISIONS OF ANY OTHER LAW,
34 GENERAL, SPECIAL OR LOCAL, THE PROVISIONS OF THIS TITLE SHALL BE
35 CONTROLLING.
36 S 2. This act shall take effect on the first of January next succeed-
37 ing the date on which it shall have become a law.
