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S03250 Summary:

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S03250 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3250--A
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                    February 14, 2011
                                       ___________
 
        Introduced  by  Sens.  DeFRANCISCO,  VALESKY  --  read twice and ordered
          printed, and when printed to be committed to the Committee  on  Corpo-
          rations,  Authorities  and  Commissions  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 

        AN  ACT to amend the public authorities law, in relation to creating the
          Syracuse regional airport authority
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Article  8  of  the  public authorities law is amended by
     2  adding a new title 34 to read as follows:
     3                                  TITLE 34
     4                     SYRACUSE REGIONAL AIRPORT AUTHORITY
     5  Section 2799-aaa.   Short title.
     6          2799-bbb.   Statement of legislative findings and purpose.
     7          2799-ccc.   Definitions.
     8          2799-ddd.   Syracuse regional airport authority.
     9          2799-eee.   Advances on behalf of authority, transfer of proper-

    10                        ty to authority, acquisition of property  by  city
    11                        or authority.
    12          2799-fff.   Transfer of officers and employees.
    13          2799-ggg.   General powers of the authority.
    14          2799-hhh.   Special powers of the authority.
    15          2799-iii.   City approval required.
    16          2799-jjj.   Bonds of the authority.
    17          2799-kkk.   Remedies of bondholders.
    18          2799-lll.   State,  county,  and  city  not  liable on authority
    19                        bonds.
    20          2799-mmm.   Moneys of the authority.
    21          2799-nnn.   Bonds legal investment for fiduciaries.
    22          2799-ooo.   Agreement with state.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04147-04-1
        S. 3250--A                          2
 
     1          2799-ppp.   Agreement with city.
     2          2799-qqq.   Exemption from taxes, assessments and certain fees.
     3          2799-rrr.   Actions against authority.
     4          2799-sss.   Contracts.
     5          2799-ttt.   Conflicts of interest.
     6          2799-uuu.   Agreements relating to payment in lieu of taxes.
     7          2799-vvv.   Audit and annual report.
     8          2799-www.   Limited liability.
     9          2799-xxx.   Transfer of applications, proceedings, approvals and

    10                        permits.
    11          2799-xxx-1. Website.
    12          2799-yyy.   Severability.
    13          2799-zzz.   Effect of inconsistent provisions.
    14    §  2799-aaa.  Short  title.  This  title may be cited as the "Syracuse
    15  regional airport authority act".
    16    § 2799-bbb. Statement of legislative findings and purpose. The  legis-
    17  lature hereby finds and declares as follows:
    18    1. The economic well-being of the state and the general welfare of its
    19  people  require adequate, safe, secure and efficient aviation and trans-
    20  portation facilities at a reasonable cost to the people.
    21    2. The  strengthening  and  improvement  of  aviation  facilities  and

    22  related  services for the central part of the state is a matter of vital
    23  importance not only to the residents of central New York but to all  the
    24  state's residents and is therefore a matter of state concern.
    25    3.  In  order to ensure a healthy economy for such area and to promote
    26  the general welfare of its residents, it  is  necessary  to  expand  and
    27  improve the existing aviation facilities and services in the central New
    28  York  region  in  such  a  manner  as to stimulate and promote increased
    29  local,  state,  national  and  international  air  travel  and  commerce
    30  throughout central New York.
    31    4.  The  health, welfare, safety and security of the state's residents
    32  and of those passengers using air  transportation  requires  coordinated

    33  operation  of  aviation  facilities and services in the central New York
    34  region by a public benefit airport authority.
    35    5. The purposes of such authority shall be:
    36    (a) to stimulate and promote economic development, trade and tourism;
    37    (b) to acquire,  construct,  reconstruct,  continue,  develop,  equip,
    38  expand,  improve,  maintain,  finance  and  operate  aviation  and other
    39  related facilities and services within central New York;
    40    (c) to promote safe, secure, efficient and economical air  transporta-
    41  tion by preserving and enhancing airport capacity;
    42    (d) to form an integral part of a safe and effective nationwide system
    43  of  airports  to  meet the present and future needs of civil aeronautics

    44  and national defense and to assure inclusion of the authority's  facili-
    45  ties  in  state, national and international programs for air transporta-
    46  tion and for airport or airway capital improvement,  all  in  accordance
    47  with the provisions of this title; and
    48    (e)  to  ensure  that  aviation facilities authorized pursuant to this
    49  title shall provide for the protection and enhancement  of  the  natural
    50  resources  and  the  quality  of  the  environment  of the state and the
    51  central New York area.
    52    6. Such purposes are in all respects public purposes for  the  benefit
    53  of the people of the state of New York and for which public funds may be
    54  expended and both the city of Syracuse and the authority in carrying out

    55  their  respective  powers and duties under this title shall be deemed to
    56  be acting in a governmental  capacity.  The  acquisition,  construction,
        S. 3250--A                          3
 
     1  reconstruction,  development,  expansion, improvement, equipping, opera-
     2  tion and maintenance of  any  project  financed  or  undertaken  by  the
     3  authority or the city shall be deemed to be the performance of an essen-
     4  tial  governmental  function  by the authority or the city acting in its
     5  governmental capacity, whether such project shall be owned  or  operated
     6  by the authority or by any person or public corporation.
     7    7.  It  is  hereby found and declared that it has been and remains the

     8  policy of the state of New York to promote equal opportunity in  employ-
     9  ment  for all persons, without discrimination on account of race, creed,
    10  color, national origin, sex, sexual preference, age, disability or mari-
    11  tal status, to promote equality of  economic  opportunity  for  minority
    12  group  members and women, and business enterprises owned by them, and to
    13  eradicate the effects of private and governmental  discrimination  which
    14  has  erected and continues to maintain barriers that unreasonably impair
    15  access  by  minority  and  women-owned  business  enterprises  to  state
    16  contract  opportunities.  For  the  purpose  of  furthering  the state's
    17  compelling interest in eradicating the  effects  of  racial  and  sexual

    18  discrimination,  therefore,  it  is  necessary  and  proper that article
    19  fifteen-a of the executive law,  concerning  participation  by  minority
    20  group  members  and  women and business enterprises owned by them, shall
    21  apply to the Syracuse regional airport authority.
    22    § 2799-ccc. Definitions. As used or referred to in this title,  unless
    23  a different meaning clearly appears from the context:
    24    1.  "Airport"  shall  mean any area of land or water which is used, or
    25  intended for use, for the landing  and  takeoff  of  aircraft,  and  any
    26  appurtenant  areas  which  are  used,  or  intended for use, for airport
    27  buildings or other aviation facilities, airport facility  or  rights-of-

    28  way, together with all airport buildings and facilities located thereon,
    29  including any heliport;
    30    2.  "Airport  hazard"  shall  mean  any structure or object of natural
    31  growth located on or in the vicinity of an airport, or any use  of  land
    32  near  such  an  airport,  which  obstructs the airspace required for the
    33  flight of aircraft in landing or taking off at such airport or is other-
    34  wise hazardous to such landing or taking off of aircraft;
    35    3. "Authority" shall mean the corporation created by this title;
    36    4. "Aviation facilities" shall mean any airport facility  or  terminal
    37  including  but not limited to any facility, property or equipment neces-
    38  sary, convenient or desirable for the landing, taking off, accommodation

    39  or servicing of aircraft of all types,  and  shall  include  such  other
    40  facilities,  equipment, property, structures and appurtenances as may be
    41  necessary or convenient in the operation,  maintenance,  development  or
    42  improvement  of  an  airport  including facilities, equipment, property,
    43  structures, and appurtenances,  leased  by  the  authority  to  persons,
    44  engaged  in air transportation or the production or development of mate-
    45  rials, goods or equipment for an airport or  air  transportation  or  in
    46  providing facilities or equipment for the accommodation, safety, securi-
    47  ty  or comfort of the traveling public and for purposes related or inci-
    48  dental to one or more of the foregoing purposes. It shall include, with-

    49  out  limitation,  runways,  aprons,  hangars,  control  towers,   ramps,
    50  taxiways,  navigation  aids,  warehouses,  office and service buildings,
    51  structures,  parking  facilities,  concession  facilities,   restaurants
    52  located  in  the  terminal,  motels  and hotels located in the terminal,
    53  retail stores, maintenance facilities, fuel facilities,  and  facilities
    54  for  the  loading,  unloading,  holding, interchange or transfer of such
    55  passengers, freight, baggage or cargo.  It shall also mean any  property
    56  necessary  to  remove,  mitigate,  prevent  or limit airport hazards. It
        S. 3250--A                          4
 
     1  shall also mean facilities and equipment providing access to an  airport

     2  facility or terminal, including appropriate mass transportation terminal
     3  facilities  at  and  within  the airport facility or terminal itself. It
     4  shall  also mean highways, access roads, driveways and approaches in the
     5  vicinity of an airport facility or terminal providing improved access to
     6  such  airport  facility  or  terminal.  Notwithstanding   any   contrary
     7  provision of law, general, special or local, it shall also mean railroad
     8  projects  related  or  of  benefit  to  an  airport facility or terminal
     9  consisting of railroad transportation  facilities;  and  any  equipment,
    10  improvement, structure or facility or any land, and any building, struc-
    11  ture, facility or other improvement thereon, or any combination thereof,

    12  and  all  property in connection therewith or incidental thereto, deemed
    13  necessary or desirable in the opinion of the authority, whether  or  not
    14  now  in  existence  or  under  construction, for the undertaking of such
    15  railroad projects (exclusive of privately owned,  stand  alone  railroad
    16  facilities which do not provide a benefit to the airport).
    17    5.  "Bonds"  shall mean the bonds, notes or other evidences of indebt-
    18  edness issued by the authority pursuant to this title and the provisions
    19  of this title relating to bonds and bondholders which shall  apply  with
    20  equal  force  and  effect to notes and noteholders, respectively, unless
    21  the context otherwise clearly requires.
    22    6. "City" shall mean the city of Syracuse.

    23    7. "Construction" shall  mean  the  acquisition,  erection,  building,
    24  alteration,   repair,  improvement,  increase,  enlargement,  extension,
    25  installation, reconstruction, renovation or rehabilitation of a  project
    26  including  any appurtenances thereto which may be necessary or desirable
    27  to  promote  the  efficiency  or  effectiveness  of  such  project;  the
    28  inspection  and  supervision  thereof;  and the engineering, consulting,
    29  architectural, legal, fiscal and  economic  and  environmental  investi-
    30  gations and studies, surveys, designs, plans, working drawings, specifi-
    31  cations,  procedures  and  other  actions  incidental thereto and claims
    32  arising therefrom.
    33    8. "Cost" as applied  to  any  project,  shall  include  the  cost  of

    34  construction, the cost of the acquisition of all property, both real and
    35  personal,  improved and unimproved, the cost of demolishing, removing or
    36  relocating any buildings or structures on lands so  acquired,  including
    37  the  cost  of  relocating tenants or other occupants of the buildings or
    38  structures on such land and the cost of acquiring  any  lands  to  which
    39  such  buildings or structures may be moved or relocated, the cost of all
    40  systems,  facilities,  machinery,  apparatus  and  equipment,  financing
    41  charges,  interest prior to, during and after construction to the extent
    42  not paid or provided for from revenues or other  sources,  the  cost  of
    43  engineering  and  architectural  surveys,  plans and specifications, the

    44  cost of consultants' and legal services, the cost of  lease  guarantees,
    45  credit  enhancement or bond insurance, other expenses necessary or inci-
    46  dental to the construction of such project  and  the  financing  of  the
    47  construction  thereof, including the amount authorized in the resolution
    48  of the authority providing for the issuance of bonds to be paid into any
    49  reserve or other special fund from the proceeds of such  bonds  and  the
    50  financing  of  the  placing  of  any  project  in  operation,  including
    51  reimbursement to any public corporation, the state, the federal  govern-
    52  ment  or  any  other  person for expenditures that would be costs of the
    53  project hereunder had they been made directly by the authority.

    54    9. "County" shall mean Onondaga county.
    55    10. "Equipment" shall mean snow removal vehicles,  fire  fighting  and
    56  rescue vehicles, passenger and freight vehicles, aircraft, motors, boil-
        S. 3250--A                          5
 
     1  ers,  engines,  wires,  ways, conduits and mechanisms, machinery, tools,
     2  implements, materials, supplies, instruments and devices of every nature
     3  whatsoever used or useful for aviation and  transportation  purposes  or
     4  for  the  generation  or  transmission of motive power including but not
     5  limited to all power houses, and all apparatus and all devices for navi-
     6  gation, security, safety, signaling, communications and  ventilation  as

     7  may  be necessary, convenient or desirable for the operation of aviation
     8  facilities and pollution control facilities.
     9    11. "Facility" shall mean, among other things, such properties, struc-
    10  tures, appurtenances, utilities,  terminals,  railroad  trackage,  ware-
    11  houses,  elevators and such other works, properties, buildings or allied
    12  items necessary or desirable in connection with development,  operation,
    13  maintenance  or  improvement  of airport and public transportation needs
    14  and for the accommodation, safety, security or comfort of the public and
    15  of commercial enterprise.
    16    12. "Federal government" shall mean the United States of America,  and
    17  any department, board, commission, bureau, division, corporation, agency

    18  or instrumentality thereof.
    19    13. "Joint service arrangement" shall mean agreements between or among
    20  the  authority  and  any  person,  the state, the city, any other public
    21  corporation, the federal  government,  any  other  state  or  agency  or
    22  instrumentality  thereof,  relating  to property, buildings, structures,
    23  facilities, services, rates, fares, classifications,  divisions,  allow-
    24  ances or charges (including charges between operators of railroad, omni-
    25  bus  and aviation facilities), or rules or regulations pertaining there-
    26  to, for or in connection with or incidental to transportation in part in
    27  or upon railroad, omnibus or  aviation  facilities  located  within  the
    28  county  and  in part in or upon railroad, omnibus or aviation facilities

    29  located outside the county.
    30    14. "Municipality" shall mean a county, city, town, village or  school
    31  district.
    32    15. "Person" shall mean any natural person, firm, partnership, associ-
    33  ation, joint venture or corporation, exclusive of a public corporation.
    34    16.  "Personal property" shall mean chattels and other tangible things
    35  of a movable or removable nature.
    36    17. "Pollution control facilities" shall mean any equipment,  improve-
    37  ment,  structure  or  facility  or any land and any building, structure,
    38  facility or other improvement thereon, or any combination  thereof,  and
    39  all  property  deemed  necessary therewith, having to do with or the end
    40  purpose of which is the control, abatement or prevention of land, sewer,

    41  water, air, noise or general environmental pollution deriving  from  the
    42  operation  of aviation facilities, including, but not limited to any air
    43  pollution control facility,  noise  abatement  or  suppression  facility
    44  (including  physical  barriers,  landscaping  and sound proofing for the
    45  purpose of diminishing the effect of aircraft noise on any area adjacent
    46  to an  airport),  water  management  facility,  waste  water  collecting
    47  system,  waste  water  treatment  works, sewage treatment works, deicing
    48  facility, or sewage treatment system or site.
    49    18. "Property" shall mean both real and personal property.
    50    19. "Project" shall mean any property or improvements  located  within

    51  the  state  of  New  York  and within or outside or partially within and
    52  partially outside  Onondaga  county,  including,  but  not  limited  to,
    53  machinery,  equipment and other facilities deemed necessary or desirable
    54  in connection therewith, or incidental thereto, whether or  not  now  in
    55  existence  or  under  construction, which shall be necessary or suitable
    56  for aviation purposes and airport development and which may  include  or
        S. 3250--A                          6
 
     1  mean  aviation  facilities  and  pollution control facilities; provided,
     2  however, the authority shall not use its funds in respect of any part of
     3  a project located wholly or partially outside  the  county  without  the

     4  prior consent thereto by the governing body of any other county in which
     5  a  part  or  parts of the project is, or is to be located. It shall also
     6  mean any property  necessary  to  remove,  mitigate,  prevent  or  limit
     7  airport hazards.
     8    20.  "Public  corporation"  shall  mean a county, city, town, village,
     9  school district or special district,  any  public  benefit  corporation,
    10  agency or instrumentality of the state or of any municipality, or two or
    11  more of any of the foregoing acting jointly.
    12    21.  "Real  property"  shall  mean  lands,  structures, franchises and
    13  interests in land, airspace, waters, lands under water, riparian rights,
    14  air rights, any fixtures, equipment and articles  of  personal  property

    15  affixed  to  or used in connection therewith, and any and all things and
    16  rights included within said term and includes not only fees simple abso-
    17  lute but also any and all lesser interests including but not limited  to
    18  easements,  rights-of-way, uses, leases, licenses and all other incorpo-
    19  real hereditaments and every estate, interest or right, legal or equita-
    20  ble, including terms for years and liens thereon by  way  of  judgments,
    21  mortgages, or otherwise.
    22    22.  "Revenues"  shall  mean all rates, fees, rents, revenues, charges
    23  and other income derived by the authority from the  operation,  leasing,
    24  sale or other disposition of a project or projects.
    25    23. "State" shall mean the state of New York.

    26    §  2799-ddd.  Syracuse  regional airport authority. 1. There is hereby
    27  created the Syracuse regional airport authority. The authority shall  be
    28  a  body corporate and politic constituting a public benefit corporation.
    29  The authority shall consist of eleven members who shall be appointed  as
    30  follows:  seven shall be appointed by the mayor of the city of Syracuse,
    31  one shall be appointed by the county executive of Onondaga  county,  one
    32  shall be appointed by the town board of the town of Dewitt, one shall be
    33  appointed  by  the board of education of the East Syracuse Minoa Central
    34  School District, and one shall be appointed for a period  of  one  year,
    35  alternately,  by  the  board  of education of the North Syracuse Central

    36  School District and the town board of the  town  of  Salina,  Cicero  or
    37  Clay.  The member initially appointed by the county executive and two of
    38  the members initially appointed by the mayor  shall  serve  for  a  term
    39  ending  December thirty-first, two thousand fourteen. Two of the members
    40  initially appointed by the mayor shall serve for a term ending  December
    41  thirty-first, two thousand fifteen. Three members initially appointed by
    42  the mayor, the member appointed by the town board of the town of Dewitt,
    43  and  the member appointed by the board of education of the East Syracuse
    44  Minoa Central School District, shall serve for a  term  ending  December
    45  thirty-first,  two  thousand  sixteen. The first member appointed by the

    46  town board of the town of Salina, Cicero or Clay, or  by  the  board  of
    47  education  of  the  North  Syracuse  Central  School  District, shall be
    48  appointed by the town board of the town of Cicero and shall serve for  a
    49  term  ending December thirty-first, two thousand thirteen. Following the
    50  expiration of such member's one year term,  the  subsequently  appointed
    51  member  shall  be  appointed  by  the  town board of the town of Salina.
    52  Following the expiration of such member's one year term, the subsequent-
    53  ly appointed member shall be appointed by the town board of the town  of
    54  Clay.  Following  the  expiration  of  such  member's one year term, the
    55  subsequently appointed member shall be appointed by the board of  educa-

    56  tion  of  the  North Syracuse Central School District.  Thereafter, each
        S. 3250--A                          7
 
     1  subsequent member shall be appointed alternately by  each  town  or  the
     2  board  of  education  in the same order as the initial appointments. The
     3  mayor shall designate one of the eleven members to serve as  chairperson
     4  of  the  authority.  With  the  exception of the member appointed by the
     5  board of education of the North Syracuse Central School District  or  by
     6  the  town board of the town of Salina, Cicero or Clay, who shall serve a
     7  one year term, and those initial appointees whose terms are three  years
     8  or less, each member shall serve a term of four years.

     9    2.  All  members  shall continue to hold office until their successors
    10  are appointed and qualify. Vacancies  shall  be  filled  in  the  manner
    11  provided  for original appointment.  Vacancies, occurring otherwise than
    12  by expiration of term of office,  shall  be  filled  for  the  unexpired
    13  terms.  Members  may  be removed from office for the same reasons and in
    14  the same manner as may be provided by law for the removal of officers of
    15  the city. The members of the authority shall receive no compensation for
    16  their services but shall be reimbursed for all their actual  and  neces-
    17  sary  expenses  incurred  in  connection  with  the  carrying out of the
    18  purposes of this title. The powers of the authority shall be  vested  in

    19  and  be  exercised  by  the  members  of the authority at a meeting duly
    20  called and held and a majority of directors shall constitute  a  quorum.
    21  No  action  shall  be  taken except pursuant to the favorable vote of at
    22  least a majority of members. The members of the authority  may  delegate
    23  to one or more of its members, officers, agents or employees such powers
    24  and duties as it may deem proper.
    25    3.  The  authority  shall have a regional advisory board consisting of
    26  eight non-voting  members.  The  membership  shall  include  one  member
    27  appointed  by  the  county  executive  of Oneida county, one member each
    28  appointed by the chairpersons of the county  legislatures  of  Onondaga,

    29  Oswego,  Cortland,  Cayuga, and Jefferson counties, one member appointed
    30  by the chairperson of the board of supervisors of  Madison  county,  and
    31  one  member  appointed  by  the  Common Council of the City of Syracuse.
    32  Members will be appointed for two year terms and may be reappointed.
    33    4. Appointments to the authority and to the non-voting advisory  board
    34  shall  be  geographically diverse and include representatives from busi-
    35  ness, finance, and labor.
    36    5. Notwithstanding any inconsistent provision of any general,  special
    37  or  local  law,  ordinance, resolution or charter, no officer, member or
    38  employee of the state or of any public corporation shall forfeit his  or
    39  her  office or employment by reason of his or her acceptance of appoint-

    40  ment as a member, officer  or  employee  of  the  authority,  nor  shall
    41  service as such member, officer or employee be deemed incompatible or in
    42  conflict with such office, membership or employment.
    43    6.  All  members  of the authority will be required to comply with the
    44  city of Syracuse code of ethics and to  complete  all  disclosure  forms
    45  required by said code of ethics.
    46    7.  The  authority shall continue for a term of one year after all its
    47  bonds have been fully paid  and  discharged.  Upon  termination  of  the
    48  existence of the authority, all of its rights and property shall pass to
    49  and be vested in the city.
    50    §  2799-eee.  Advances on behalf of authority, transfer of property to

    51  authority, acquisition of property by city or authority. 1. In  addition
    52  to  any powers granted to it by law, the city or any other public corpo-
    53  ration may, from time to time, appropriate by  ordinance  or  resolution
    54  sums of money to defray project costs or any other costs and expenses of
    55  the  authority  including  operating  expenses. Subject to the rights of
    56  bondholders, the city or such other public corporation may determine  if
        S. 3250--A                          8
 
     1  the moneys so appropriated shall be subject to repayment by the authori-
     2  ty  to the city or such other public corporation and, in such event, the
     3  manner and time or times for such repayment.

     4    2.  Notwithstanding any inconsistent provision of any general, special
     5  or local law, ordinance, resolution or charter, any  public  corporation
     6  may,  by  a  majority vote of its governing body and the approval of its
     7  chief executive officer, give, grant, sell, convey,  loan,  license  the
     8  use  of  or lease to the authority any property or facilities, including
     9  aviation facilities and pollution control facilities, which  are  useful
    10  in  connection  with  the  exercise by the authority of its powers under
    11  this title. Any such gift, grant, sale,  conveyance,  loan,  license  or
    12  lease  shall  be  upon  such  terms and conditions, and for such term or
    13  terms of years, subject to the rights of the holders of  any  bonds,  as

    14  the  authority  and  such  public  corporation may agree. Any such gift,
    15  grant, sale, conveyance, lease, loan or license shall not be subject  to
    16  referendum, permissive or mandatory. In the event that any public corpo-
    17  ration  gives,  grants,  sells,  conveys,  loans, licenses or leases any
    18  aviation facilities, real  property,  facilities  or  pollution  control
    19  facilities  to  the authority, such public corporation may contract with
    20  the authority to lease, borrow, license, operate, maintain,  manage  and
    21  provide  services  for  such real property or facilities upon such terms
    22  and conditions and for such term or  terms  of  years,  subject  to  the
    23  rights of holders of bonds, as the authority and such public corporation

    24  may  agree. The authority, in furtherance of any purchase, conveyance or
    25  lease of any property or  facility  from  any  public  corporation,  may
    26  assume  the  primary responsibility for the payment of the principal and
    27  interest on any bonds or notes issued by  such  public  corporation  for
    28  such  property or facility.  For purposes of section 136.00 of the local
    29  finance law, any agreement  by  the  authority  to  assume  the  primary
    30  responsibility  for  the  payment  of  the principal and interest on any
    31  bonds or notes issued by any such public corporation shall, so  long  as
    32  such agreement shall continue to be honored by the authority, cause such
    33  bonds  or  notes  to be deemed to have been refunded and any such public

    34  corporation may deduct  from  its  gross  indebtedness  any  outstanding
    35  indebtedness  contracted for such property or facility to be acquired by
    36  the authority.
    37    3. The city may acquire by purchase, grant, lease, gift  or  condemna-
    38  tion  pursuant  to the eminent domain procedure law real property in the
    39  name of the city for any corporate purpose of the authority.
    40    4. Notwithstanding the provisions of any other law,  general,  special
    41  or  local,  real property acquired by the authority or the city from the
    42  state may be used for any corporate purpose of the authority.
    43    § 2799-fff. Transfer of officers and employees. 1. In accordance  with
    44  the  provisions of section seventy of the civil service law, any officer

    45  or employee of the city, selected by the authority may, with the consent
    46  of the mayor, be transferred to the authority and shall be eligible  for
    47  such  transfer and appointment, without further examination, to applica-
    48  ble offices, positions and employment  under  the  authority.  Any  such
    49  officers  or  employees so transferred to the authority pursuant to this
    50  section, who are members of or benefit under  any  existing  pension  or
    51  retirement  fund  or  system,  shall continue to have all rights, privi-
    52  leges, obligations and status with respect to such fund or system as are
    53  now prescribed by law, but during the period of their employment by  the
    54  authority,  all contributions to such funds or systems to be paid by the

    55  employer on account of such officers or employees shall be paid  by  the
    56  authority.
        S. 3250--A                          9
 
     1    2. A transferred employee shall remain in the same collective bargain-
     2  ing unit as was the case prior to his or her transfer; successor employ-
     3  ees  to the positions held by such transferred employees shall, consist-
     4  ent with the provisions of article fourteen of the civil service law, be
     5  included  in  the same unit as their predecessors.  Employees serving in
     6  positions in newly created titles shall be assigned to such same collec-
     7  tive bargaining unit if they would have been assigned to such unit  were
     8  such titles created prior to the establishment of the authority. Nothing

     9  contained in this title shall be construed (a) to diminish the rights of
    10  employees pursuant to a collective bargaining agreement or (b) to affect
    11  existing  law  with  respect  to an application to the public employment
    12  relations board seeking a designation by the board that certain  persons
    13  are managerial or confidential.
    14    §  2799-ggg.  General  powers  of  the  authority. Except as otherwise
    15  limited by this title, the authority shall have power:
    16    1. to sue and be sued;
    17    2. to have a seal and alter the same at pleasure;
    18    3. to borrow money and issue bonds for any of its  corporate  purposes
    19  or its projects and to provide for the rights of the holders thereof;

    20    4. to make and alter by-laws for its organization and management, and,
    21  subject  to agreements with its bondholders, to make and alter rules and
    22  regulations governing the exercise of its powers and the fulfillment  of
    23  its purposes under this title;
    24    5.  to  acquire by purchase, grant, lease, gift, condemnation pursuant
    25  to the provisions of the eminent domain procedure law with the  approval
    26  of  the  city,  or otherwise and to hold and use property and facilities
    27  necessary, convenient or desirable to carry out its corporate  purposes,
    28  and  to  sell,  convey,  mortgage,  lease, pledge, exchange or otherwise
    29  dispose of any such property and facilities;
    30    6. to acquire, construct, reconstruct, lease, expand,  improve,  main-

    31  tain, equip, furnish, operate one or more projects and, if necessary, to
    32  pay or finance the cost thereof;
    33    7.  to  apply for and to accept gifts, grants, loans, or contributions
    34  of funds or property or financial or other aid in  any  form  from,  and
    35  enter into contracts or other transactions with, the federal government,
    36  the  state or any public corporation or any other source, and to use any
    37  such gifts, grants, loans or contributions  for  any  of  its  corporate
    38  purposes;
    39    8.  to grant options to renew any lease with respect to any project or
    40  projects and to grant options to buy any project;
    41    9. to designate the depositories of its money;
    42    10. to establish its fiscal year;

    43    11. to enter into contracts, agreements and leases  with  the  federal
    44  government,  the state, the county, the city, any person or other public
    45  corporation and to execute all instruments necessary  or  convenient  to
    46  accomplishing its corporate purposes;
    47    12.  to  appoint  such officers, employees and agents as the authority
    48  may require for the performance of its duties, and to fix and  determine
    49  their qualifications, duties, and compensation subject to the provisions
    50  of the civil service law and any applicable collective bargaining agree-
    51  ment,  and  to retain or employ counsel, auditors, engineers and private
    52  consultants on a contract basis or otherwise for rendering professional,
    53  management or technical services and advice;

    54    13. with the consent of the mayor to use employees,  agents,  consult-
    55  ants  and  facilities of the city, paying the city its agreed proportion
    56  of the compensation or costs;
        S. 3250--A                         10
 
     1    14. to make plans,  surveys,  and  studies  necessary,  convenient  or
     2  desirable to the effectuation of the purposes and powers of the authori-
     3  ty and to prepare recommendations in regard thereto;
     4    15. to enter upon such lands, waters or premises as in the judgment of
     5  the  authority may be necessary, convenient or desirable for the purpose
     6  of making surveys, soundings, borings and examinations to accomplish any
     7  purpose authorized by this title, the authority being liable for  actual

     8  damage done;
     9    16. the authority may covenant and consent that the interest on any of
    10  its  bonds  or  notes issued pursuant to this title shall be includible,
    11  under the United States Internal Revenue Code of 1986, or any subsequent
    12  corresponding internal revenue law of the United States, in gross income
    13  of the holders of the bonds or notes to the same extent and in the  same
    14  manner  that the interest on bills, bonds, notes or other obligations of
    15  the United States is includible in the gross income of the holders ther-
    16  eof under said Internal Revenue Code or any such subsequent law;
    17    17. to do all things necessary, convenient or desirable to  carry  out
    18  its  purposes  and for the exercise of the powers granted in this title;

    19  and
    20    18. to insure or provide for the insurance of the authority's property
    21  or operations as required by law and also against such  other  risks  as
    22  the authority may deem advisable.
    23    §  2799-hhh.  Special  powers of the authority. In order to effectuate
    24  the purpose of this title:
    25    1. The authority may enter into  any  joint  service  arrangements  as
    26  provided in this section.
    27    2.  The  authority  may,  establish,  construct,  effectuate, operate,
    28  manage, maintain, renovate,  improve,  extend  or  repair  any  aviation
    29  facilities  or  pollution  control  facilities,  or may provide for such
    30  establishment, construction, effectuation, operation, management,  main-

    31  tenance,  renovation,  improvement,  extension  or  repair  by contract,
    32  lease, or other arrangement with the federal government,  any  state  or
    33  agency  or instrumentality thereof, or any person or public corporation.
    34  In connection with the operation of any such facilities,  the  authority
    35  may  establish,  construct, effectuate, operate, manage, maintain, reno-
    36  vate, improve, extend or repair or may provide  by  contract,  lease  or
    37  other  arrangement  for  the  establishment, construction, effectuation,
    38  operation, management, maintenance, renovation,  improvement,  extension
    39  or repair of any related services and activities.
    40    3. The authority may establish, fix, revise, levy and collect or cause

    41  to be established, fixed, revised, levied and collected and, in the case
    42  of  a  joint service arrangement, join with others in the establishment,
    43  fixing, revision, levy and collection of  such  fares,  rentals,  rates,
    44  charges,  landing and field use fees, concession fees and other fees for
    45  the use  and  operation  of  any  real  property,  aviation  facilities,
    46  pollution  control facilities, facility and related services operated or
    47  managed by the authority or under contract, lease or other  arrangement,
    48  including  joint  service  arrangements, with the authority. Such fares,
    49  rentals, rates, charges, landing and field use fees, concession fees  or
    50  other  fees shall be at least sufficient at all times in the judgment of

    51  the authority to establish and maintain the combined operations  of  the
    52  authority on a self-sustaining basis. Such operations shall be deemed to
    53  be  on  a  self-sustaining  basis  as  required  by this title, when the
    54  authority is able to pay or fund or cause to  be  paid  or  funded  from
    55  revenues and any other funds actually available to the authority:
        S. 3250--A                         11
 
     1    (a)  the  principal  of,  premium,  if  any,  and  the interest on the
     2  outstanding bonds of the authority as the  same  shall  become  due  and
     3  payable  and  any  capital  or debt service reserve therefor and, to the
     4  extent required by any agreement between the city and the authority, the

     5  principal  of  and  interest  on  any general obligation bonds, notes or
     6  other evidence of indebtedness of the city issued for  or  allocable  to
     7  any  project  of  the authority as the same shall become due and payable
     8  and any reserves therefor;
     9    (b) the cost of administering, maintaining,  repairing  and  operating
    10  any project of the authority;
    11    (c)  the cost of constructing capital improvements thereto pursuant to
    12  any agreement between the city and the authority;
    13    (d) any liabilities incurred for or allocable to any  project  of  the
    14  authority including any liabilities of the city assumed by the authority
    15  pursuant  to  any  agreement  between the city and the authority, as the
    16  same become due and payable;

    17    (e) any requirements of any agreement including those relating to  the
    18  establishment  of  reserves  for  renewal and replacement and for uncol-
    19  lected fares, rentals, rates, charges and fees and covenants  respecting
    20  rates and debt service and earnings coverage ratios;
    21    (f) all other reasonable and necessary expenses of the authority; and
    22    (g)  the  cost  of such additional projects as may be now or hereafter
    23  authorized by law and agreed to by the authority.
    24    4. The authority may establish and,  in  the  case  of  joint  service
    25  arrangements,  join  with  others in the establishment of such schedules
    26  and standards of operations and such other rules and regulations includ-

    27  ing but not limited to rules  and  regulations  governing  the  conduct,
    28  safety  and  security of the public as it may deem necessary, convenient
    29  or desirable for the use, operation and management of  any  project  and
    30  related services operated or managed by the authority or under contract,
    31  lease  or  other arrangement, including joint service arrangements, with
    32  the authority. Such rules and regulations governing the conduct,  safety
    33  and  security  of the public shall be filed with the department of state
    34  in the manner provided by section one hundred two of the executive  law.
    35  In  the  case of any conflict between any such rule or regulation of the
    36  authority governing the conduct, safety and security of the  public  and

    37  any  local  law,  local  ordinance, local rule or local regulation, such
    38  rule or regulation of the authority shall  prevail.    Nothing  in  this
    39  section  shall  be construed to exempt the authority from any state law,
    40  rule or regulation.
    41    5. The authority may manage, control and direct  the  maintenance  and
    42  operation  of  aviation facilities, equipment or property operated by or
    43  under contract, lease or other arrangement with the authority.    Except
    44  as  agreed  to  pursuant  to any agreement between the authority and any
    45  public corporation and except  as  hereinafter  specially  provided,  no
    46  municipality  except  for  the  city,  shall  have jurisdiction over any
    47  facilities of the authority or any of its activities or operations.  The

    48  city  may  provide  for  such  facilities'  police  and  fire protection
    49  services.
    50    6. The authority may accept unconditional grants of money or  property
    51  from  any municipality the whole or any part of which municipality shall
    52  be served or to be served  by  an  aviation  facility  operated  by  the
    53  authority.  Such grants of money or property would be for the purpose of
    54  assisting the authority in meeting its capital  or  operating  expenses.
    55  The acceptance of any such grant shall not operate to make the authority
    56  an agency of the municipality making the grant.
        S. 3250--A                         12
 
     1    7.  In any instance where the city is required by law, with respect to

     2  an airport or any aviation facilities, to conduct a  public  hearing  in
     3  connection  with  a  contract, lease, joint service arrangement, charge,
     4  fare, rental or fee, the authority shall not enter into  such  contract,
     5  lease,  joint service arrangement, or establish, fix, revise or levy any
     6  charge, fare, rental, landing and field use fee, concession fee or other
     7  fee unless and until the authority has held a public  hearing  at  which
     8  interested  persons  have  had an opportunity to be heard concerning the
     9  same, provided however, if the city has conducted a  public  hearing  in
    10  connection with such contract, lease, joint service arrangement, charge,
    11  fare,  rental  or  fee,  the  authority  shall not be required to hold a

    12  public hearing. Notice of such public hearing shall be published by  the
    13  authority  at  least  ten days before the date set therefor, in at least
    14  one newspaper of general circulation in the county and on the  authority
    15  website.  Such  notice  shall set forth the date, time and place of such
    16  hearing and shall include a brief  description  of  the  matters  to  be
    17  considered at such meeting. At all such hearings, any interested persons
    18  shall  have  an  opportunity  to  be  heard concerning the matters under
    19  consideration.  Any decision of the authority on matters  considered  at
    20  such  public  hearing  shall  be in writing and be made available in the
    21  office of the authority for  public  inspection  during  regular  office

    22  hours and posted on the authority website.
    23    §  2799-iii.  City approval required. Notwithstanding any inconsistent
    24  provision of this title, no project having an aggregate  cost  exceeding
    25  ten  million  dollars,  including  but not limited to the acquisition of
    26  real property by the authority  or  the  expansion  of  the  authority's
    27  aviation  facilities,  may  be  undertaken  by the authority unless such
    28  project is approved by ordinance of the Syracuse common council  adopted
    29  by a majority vote and approved by the mayor.
    30    §  2799-jjj.  Bonds  of the authority. 1. The authority shall have the
    31  power and is hereby authorized from time to time to issue  bonds,  notes
    32  or  other  obligations  to  pay the cost of any project or for any other

    33  corporate purpose, including the establishment of reserves to secure the
    34  bonds, the payment of principal of, premium, if any, and interest on the
    35  bonds and the payment of incidental expenses  in  connection  therewith.
    36  The aggregate principal amount of such bonds, notes or other obligations
    37  shall  not  exceed two hundred million dollars ($200,000,000), excluding
    38  bonds, notes or other obligations issued to refund  or  otherwise  repay
    39  bonds,  notes or other obligations theretofore issued for such purposes;
    40  provided, however, that upon any such refunding or repayment  the  total
    41  aggregate  principal  amount  of outstanding bonds, notes or other obli-
    42  gations may be greater than two hundred million  dollars  ($200,000,000)

    43  only if the present value of the aggregate debt service of their funding
    44  or  repayment  bonds,  notes or other obligations to be issued shall not
    45  exceed the present value of the aggregate debt  service  of  the  bonds,
    46  notes  or other obligations so to be refunded or repaid. For purposes of
    47  this section, the present values of the aggregate debt  service  of  the
    48  refunding  or  repayment  bonds,  notes  or other obligations and of the
    49  aggregate debt service of the  bonds,  notes  or  other  obligations  so
    50  refunded  or  repaid,  shall  be  calculated  by utilizing the effective
    51  interest rate of the refunding or repayment bonds, notes or other  obli-
    52  gations, which shall be that rate arrived at by doubling the semi-annual

    53  interest  rate (compounded semi-annually) necessary to discount the debt
    54  service payments on the refunding or repayment  bonds,  notes  or  other
    55  obligations  from  the payment dates thereof to the date of issue of the
    56  refunding or repayment bonds, notes or  other  obligations  and  to  the
        S. 3250--A                         13
 
     1  price  bid  including estimated accrued interest or proceeds received by
     2  the authority including estimated accrued interest from the sale  there-
     3  of.  The  authority  shall  have power and is hereby authorized to enter
     4  into  such agreements and perform such acts as may be required under any
     5  applicable federal legislation to secure  a  federal  guarantee  of  any
     6  bonds.

     7    2.  The authority shall have power from time to time to renew bonds or
     8  to issue renewal bonds for such purpose, to issue bonds  to  pay  bonds,
     9  and,  whenever  it  deems refunding expedient, to refund any bond by the
    10  issuance of new bonds, whether the bonds to be refunded have or have not
    11  matured, and may issue bonds partly to refund bonds then outstanding and
    12  partly for any other corporate purpose of the  authority.  Bonds  (other
    13  than  notes  or  other  evidence  of  indebtedness) issued for refunding
    14  purposes, which have a final maturity date longer than the  maturity  of
    15  the  bonds  being  refunded,  shall  be  approved by a resolution of the
    16  common council adopted by a majority vote and  approved  by  the  mayor.

    17  Bonds  issued  for  refunding  purposes  shall  be sold and the proceeds
    18  applied to the purchase, redemption or payment of the bonds or notes  to
    19  be refunded.
    20    3. Bonds issued by the authority may be general obligations secured by
    21  the  faith  and  credit  of  the authority or may be special obligations
    22  payable solely out of particular revenues or  other  moneys  as  may  be
    23  designated  in  the  proceedings  of the authority under which the bonds
    24  shall be authorized to be issued, subject as to  priority  only  to  any
    25  agreements with the holders of outstanding bonds pledging any particular
    26  property,  revenues  or  moneys.  The authority may also enter into loan
    27  agreements, lines of credit and other security agreements and obtain for

    28  or on its behalf letters of credit, insurance, guarantees or other cred-
    29  it enhancements to the extent now or hereafter available, in  each  case
    30  for  securing  its bonds or to provide direct payment of any costs which
    31  the authority is authorized to pay.
    32    4. (a) Bonds shall be authorized by resolution of the authority, be in
    33  such denominations and bear such date or dates and mature at  such  time
    34  or  times,  as  such  resolution  may  provide,  provided that bonds and
    35  renewals thereof shall mature within  thirty  years  from  the  date  of
    36  original issuance of any such bonds.
    37    (b)  Bonds shall be subject to such terms of redemption, bear interest
    38  at such rate or rates, be payable at such times, be in such form, either

    39  coupon or registered, carry such registration privileges, be executed in
    40  such manner, be payable in such medium of payment at such place or plac-
    41  es, and be subject to such terms and conditions as such  resolution  may
    42  provide.
    43    (c)  Notwithstanding  any  other  provision  of  law, the bonds of the
    44  authority issued pursuant to this section shall be sold  to  the  bidder
    45  offering  the  lowest  true interest cost, taking into consideration any
    46  premium or discount not less than  four  nor  more  than  fifteen  days,
    47  Sundays  excepted,  after  a  notice  of such sale has been published at
    48  least once in a newspaper of general circulation in the area  served  by
    49  the  authority and on the authority website, which shall state the terms

    50  of the sale. The terms of the sale may not change unless notice of  such
    51  change  is  published  in such newspaper and on the authority website at
    52  least one day prior to the date of the sale as set forth in the original
    53  notice of sale. Advertisements shall contain a provision to  the  effect
    54  that  the  authority, in its discretion, may reject any or all bids made
    55  in pursuance of such advertisements, and in the event of such rejection,
    56  the authority is authorized to negotiate a private  or  public  sale  or
        S. 3250--A                         14
 
     1  re-advertise  for  bids  in  the form and manner above described as many
     2  times as, in its judgment, may be necessary  to  effect  a  satisfactory
     3  sale.

     4    (d) Notwithstanding the provisions of the preceding paragraph, whenev-
     5  er  in the judgment of the authority the interests of the authority will
     6  be served thereby, the members of the authority, on the  written  recom-
     7  mendation  of  the  chairperson, may authorize the sale of such bonds at
     8  private or public sale on a negotiated basis or on either a  competitive
     9  or  negotiated  basis.  The authority shall set guidelines governing the
    10  terms and conditions of any such private or public sales.
    11    (e) The private or public bond sale guidelines set  by  the  authority
    12  shall include, but not be limited to a requirement that where the inter-
    13  ests  of  the  authority  will  be served by a private or public sale of

    14  bonds, the authority shall select underwriters  for  private  or  public
    15  bond  sales  conducted pursuant to a request for proposal process under-
    16  taken at least once annually and consideration of proposals from  quali-
    17  fied  underwriters  taking  into account, among other things, qualifica-
    18  tions of underwriters as to experience, their ability to  structure  and
    19  sell  authority  bond  issues,  anticipated  costs to the authority, the
    20  prior experience of the authority with the firm, if any, the capitaliza-
    21  tion of such firms, participation of qualified minority and  women-owned
    22  business  enterprise  firms  in such private or public sales of bonds of
    23  the authority and the experience and ability of  firms  under  consider-

    24  ation  to  work with minority and women-owned business enterprises so as
    25  to promote and assist participation by such enterprises.
    26    (f) The authority shall have the power from time to time to amend such
    27  private bond sale guidelines in accordance with the provisions  of  this
    28  subdivision.
    29    (g)  No  private  or  public  bond sale on a negotiated basis shall be
    30  conducted by the authority without prior approval  of  the  state  comp-
    31  troller and the city comptroller.
    32    (h)  The  authority  shall  annually  prepare  and approve a bond sale
    33  report which shall include the private or public bond sale guidelines as
    34  specified in this subdivision, amendments to such guidelines  since  the

    35  last private or public bond sale report, an explanation of the bond sale
    36  guidelines  and  amendments,  and  the  results  of  any  sale  of bonds
    37  conducted during the fiscal year. Such bond sale report may be a part of
    38  any other annual report that the authority is required to make.
    39    (i) The authority shall annually submit its bond sale  report  to  the
    40  state  comptroller  and  copies thereof to the senate finance committee,
    41  the assembly ways and means committee and the authority budget office.
    42    (j) The authority shall make available to the  public  copies  of  its
    43  bond sale report upon reasonable request therefore.
    44    (k)  Nothing  contained  in this subdivision shall be deemed to alter,

    45  affect the validity of, modify the terms of or impair  any  contract  or
    46  agreement  made  or  entered into in violation of, or without compliance
    47  with, the provisions of this subdivision.
    48    5. Any resolution or resolutions authorizing bonds  or  any  issue  of
    49  bonds  may  contain  provisions which may be a part of the contract with
    50  the holders of the bonds thereby authorized as to:
    51    (a) pledging all or any part of the revenues, other moneys or property
    52  of the authority to secure the payment of the bonds,  or  any  costs  of
    53  issuance  thereof,  including but not limited to any contracts, earnings
    54  or proceeds of any grant to the authority received from any  private  or
    55  public  source  subject  to such agreements with bondholders as may then

    56  exist;
        S. 3250--A                         15
 
     1    (b) the setting aside of reserves and the creation  of  sinking  funds
     2  and the regulation and disposition thereof;
     3    (c)  limitations on the purpose to which the proceeds from the sale of
     4  bonds may be applied;
     5    (d) the rates, rents, fees and other charges to be fixed and collected
     6  by the authority and the amount to be raised in each  year  thereby  and
     7  the use and disposition of revenues;
     8    (e) limitations on the right of the authority to restrict and regulate
     9  the  use  of  the project or part thereof in connection with which bonds
    10  are issued;
    11    (f) limitations on the issuance of additional bonds,  the  terms  upon

    12  which  additional  bonds  may be issued and secured and the refunding of
    13  outstanding or other bonds;
    14    (g) the procedure, if any, by which the terms  of  any  contract  with
    15  bondholders may be amended or abrogated, the amount of bonds the holders
    16  of  which must consent thereto, and the manner in which such consent may
    17  be given;
    18    (h) the creation of special funds into which any  revenues  or  moneys
    19  may be deposited;
    20    (i) the terms and provisions of any trust, mortgage, deed or indenture
    21  securing the bonds under which the bonds may be issued;
    22    (j)  vesting  in a trustee or trustees such properties, rights, powers
    23  and duties in trust as the authority may determine which may include any

    24  or all of the rights, powers and duties of the trustees appointed by the
    25  bondholders pursuant to this title and limiting or abrogating the rights
    26  of the bondholders to appoint a trustee under such section  or  limiting
    27  the rights, duties and powers of such trustee;
    28    (k)  defining  the  acts  or  omissions  to act which may constitute a
    29  default in the obligations and duties of the authority to the  bondhold-
    30  ers  and providing for the rights and remedies of the bondholders in the
    31  event of such default, including as a matter of right the appointment of
    32  a receiver, provided, however, that such rights and remedies  shall  not
    33  be  inconsistent with the general laws of the state and other provisions
    34  of this title;

    35    (l) limitations on the power of the authority  to  sell  or  otherwise
    36  dispose of any project or any part thereof;
    37    (m)  limitations  on  the  amount  of  revenues and other moneys to be
    38  expended for operating, administrative or other expenses of the authori-
    39  ty;
    40    (n) the payment of the proceeds of bonds, revenues and other moneys to
    41  a trustee or other depository, and for the method of disbursement there-
    42  of with such safeguards and restrictions as the authority may determine;
    43  and
    44    (o) any other matters of like or different character which in any  way
    45  affect  the  security or protection of the bonds or the rights and reme-
    46  dies of bondholders.

    47    6. In addition to the powers herein conferred upon  the  authority  to
    48  secure  its bonds, the authority shall have power in connection with the
    49  issuance of bonds to adopt resolutions and enter into such trust  inden-
    50  tures,  agreements or other instruments as the authority may deem neces-
    51  sary, convenient or desirable concerning the use or disposition  of  its
    52  revenues  or  other  moneys or property, including the mortgaging of any
    53  property and the entrusting, pledging or creation of any other  security
    54  interest  in  any such revenues, moneys or property and the doing of any
    55  act, including refraining from doing any act which the  authority  would
    56  have  the  right  to do in the absence of such resolutions, trust inden-

        S. 3250--A                         16
 
     1  tures, agreements or other instruments. The authority shall  have  power
     2  to  enter  into  amendments  of  any such resolutions, trust indentures,
     3  agreements or other instruments.   The provisions  of  any  such  resol-
     4  utions,  trust indentures, agreements or other instruments may be made a
     5  part of the contract with the holders of bonds of the authority.
     6    7. Any provision of  the  uniform  commercial  code  to  the  contrary
     7  notwithstanding,  any  pledge of or other security interest in revenues,
     8  moneys, accounts, contract rights, general intangibles or other personal
     9  property made or created by the authority shall be  valid,  binding  and
    10  perfected  from  the  time  when  such  pledge is made or other security

    11  interest attaches without any physical delivery  of  the  collateral  or
    12  further  act, and the lien of any such pledge or other security interest
    13  shall be valid, binding and perfected against all parties having  claims
    14  of  any  kind in tort, contract or otherwise against the authority irre-
    15  spective of whether or not such parties have notice thereof. No  instru-
    16  ment  by  which  such  a  pledge or security interest is created nor any
    17  financing statement need be recorded or filed.
    18    8. Whether or not the bonds are of such form and character  as  to  be
    19  negotiable  instruments  under the terms of the uniform commercial code,
    20  the bonds are hereby made negotiable instruments within the  meaning  of

    21  and for all the purposes of the uniform commercial code, subject only to
    22  the provisions of the bonds for registration.
    23    9.  Neither  the members of the authority nor any person executing its
    24  bonds shall be liable personally on its  bonds  or  be  subject  to  any
    25  personal liability or accountability by reason of the issuance thereof.
    26    10. Subject to such agreements with bondholders as may then exist, the
    27  authority  shall  have  power  out  of  any  funds available therefor to
    28  purchase bonds of the authority, which shall thereupon be cancelled,  at
    29  a  price not exceeding (a) if the bonds are then redeemable, the redemp-
    30  tion price then applicable plus accrued interest to  the  next  interest

    31  payment  date,  or (b) if the bonds are not then redeemable, the redemp-
    32  tion price applicable on the first date after such purchase  upon  which
    33  the bonds become subject to redemption plus accrued interest to the next
    34  interest payment date. Bonds so purchased shall thereupon be cancelled.
    35    §  2799-kkk.  Remedies  of  bondholders.  Subject to any resolution or
    36  resolutions adopted pursuant to this title:
    37    1. In the event that the authority shall default  in  the  payment  of
    38  principal  or  of  interest  on  any issue of bonds after the same shall
    39  become due, whether at maturity or upon call for  redemption,  and  such
    40  default shall continue for a period of thirty days, or in the event that

    41  the authority shall fail or refuse to comply with the provisions of this
    42  title  or  shall  default  in any agreement made with the holders of any
    43  issue of bonds, the holders of twenty-five percent in aggregate  princi-
    44  pal amount of the bonds of such issue then outstanding, by instrument or
    45  instruments  filed in the office of the clerk of the county in which the
    46  principal office of the authority is located and proved or  acknowledged
    47  in  the  same  manner as a deed to be recorded, may appoint a trustee to
    48  represent the holders of such bonds for the purpose herein provided.
    49    2. Such trustee may, and upon written request of the holders of  twen-
    50  ty-five  per centum in principal amount of such bonds outstanding, shall
    51  in its own name:

    52    (a) by action or proceeding in accordance with the civil practice  law
    53  and rules, enforce all rights of the bondholders, including the right to
    54  require the authority to collect rents, rates, fees and charges adequate
    55  to  carry out any agreement as to, or pledge of, such rents, rates, fees
    56  and charges and to require the authority to carry out any  other  agree-
        S. 3250--A                         17
 
     1  ments  with  the  holders of such bonds to perform its duties under this
     2  title;
     3    (b) bring an action or proceeding upon such bonds;
     4    (c) by action or proceeding, require the authority to account as if it
     5  were the trustee of an express trust for the holders of such bonds;

     6    (d)  by  action  or proceeding, enjoin any acts or things which may be
     7  unlawful or in violation of the rights of the holders of such bonds; and
     8    (e) declare all such bonds due and payable, and if all defaults  shall
     9  be  made  good,  then with the consent of the holders of twenty-five per
    10  centum of the principal amount of such bonds then outstanding, to  annul
    11  such declaration and its consequences.
    12    3.  Such  trustee  shall in addition to the foregoing have and possess
    13  all of the powers necessary or appropriate for the exercise of any func-
    14  tions specifically set forth in this title or incident  to  the  general
    15  representation of bondholders in the enforcement and protection of their
    16  rights.

    17    4. The supreme court shall have jurisdiction of any action or proceed-
    18  ing  by the trustee on behalf of such bondholders. The venue of any such
    19  action or proceeding shall be laid in the county.
    20    5. Before declaring the principal of bonds due and payable, the  trus-
    21  tee shall first give thirty days notice in writing to the authority.
    22    6.  Any  such trustee whether or not the issue of bonds represented by
    23  such trustee has been declared due and payable, shall be entitled as  of
    24  right  to  the  appointment  of  a  receiver of any part or parts of the
    25  project, the revenues of which are pledged for the security of the bonds
    26  of such issue, and such receiver may enter and take possession  of  such

    27  part  or  parts  of  the project and, subject to any pledge or agreement
    28  with the holders of such bonds, shall take possession of all moneys  and
    29  other  property  derived  from  such  part  or  parts of the project and
    30  proceed with any construction thereon or the acquisition of any  proper-
    31  ty,  real  or  personal,  in  connection therewith that the authority is
    32  under obligation to do, and operate, maintain and reconstruct such  part
    33  or  parts of the project and collect and receive all revenues thereafter
    34  arising therefrom subject to any pledge or  agreement  with  bondholders
    35  relating  thereto and perform the public duties and carry out the agree-
    36  ments and obligations of the authority under the direction of the court.

    37  In any suit, action or proceeding by the trustee, the fees, counsel fees
    38  and expenses of the trustee and of the receiver, if any,  shall  consti-
    39  tute  taxable  disbursements  and all costs and disbursements allowed by
    40  the court shall be a first charge  on  any  revenues  derived  from  the
    41  project.
    42    §  2799-lll.  State,  county,  and city not liable on authority bonds.
    43  Neither the state, the county, nor the city shall be liable on the bonds
    44  of the authority and such bonds shall not be a debt of  the  state,  the
    45  county,  or the city, and such bonds shall contain on the face thereof a
    46  statement to such effect.
    47    § 2799-mmm. Moneys of the authority. All moneys of the authority  from

    48  whatever  source derived shall be paid to the treasurer of the authority
    49  and shall be deposited forthwith in a bank or banks  designated  by  the
    50  authority. The moneys in such accounts shall be paid out on check of the
    51  treasurer  upon  requisition  by such person or persons as the authority
    52  may authorize to make such requisitions. All  deposits  of  such  moneys
    53  shall  be secured by obligations of the United States or of the state or
    54  of any municipality of a market value equal at all times to  the  amount
    55  on deposit and all banks and trust companies are authorized to give such
    56  security  for  such deposits. To the extent practicable, consistent with
        S. 3250--A                         18
 

     1  the cash requirements of the authority, all such moneys shall be  depos-
     2  ited  in  interest  bearing  accounts.  The  authority shall have power,
     3  notwithstanding the provisions of this section,  to  contract  with  the
     4  holders of any bonds as to the custody, collection, security, investment
     5  and  payment  of any moneys of the authority or any moneys held in trust
     6  or otherwise for the payment of bonds or in any way to secure bonds, and
     7  carry out any such contract notwithstanding that such  contract  may  be
     8  inconsistent  with  the provisions of this section. Moneys held in trust
     9  or otherwise for the payment of bonds or in any way to secure bonds  and
    10  deposits  of  such moneys may be secured in the same manner as moneys of

    11  the authority and all banks and trust companies are authorized  to  give
    12  such  security  for  such  deposits.  Any  moneys  of  the authority not
    13  required for immediate use or disbursement may, at the discretion of the
    14  authority, be invested in those obligations specified  pursuant  to  the
    15  provisions  of section ninety-eight-a of the state finance law.  Subject
    16  to the provisions of any contract with bondholders and with the approval
    17  of the state comptroller, the authority  shall  prescribe  a  system  of
    18  accounts.
    19    §  2799-nnn.  Bonds legal investment for fiduciaries. The bonds of the
    20  authority are hereby made securities in which all  public  officers  and
    21  bodies  of the state and all municipalities, all insurance companies and

    22  associations and other persons carrying on an  insurance  business,  all
    23  banks, bankers, trust companies, savings banks and savings associations,
    24  including savings and loan associations, building and loan associations,
    25  investment  companies  and other persons carrying on a banking business,
    26  and administrators, guardians, executors, trustees and other fiduciaries
    27  and all other persons whatsoever,  who  are  now  or  may  hereafter  be
    28  authorized  to  invest  in  bonds  or other obligations of the state may
    29  properly and legally invest funds including capital in their control  or
    30  belonging  to  them.  Notwithstanding other provisions of law, the bonds
    31  are also hereby made securities which may be deposited with and  may  be

    32  received  by all public officers and bodies of the state and all munici-
    33  palities for any purposes for which the deposit of bonds or other  obli-
    34  gations of this state is now or hereafter may be authorized.
    35    §  2799-ooo. Agreement with state. The state does hereby pledge to and
    36  agree with the holders of any bonds issued by the authority pursuant  to
    37  this  title  and with those persons or public corporations who may enter
    38  into contracts with the authority pursuant to  the  provisions  of  this
    39  title  that  the state will not alter, limit or impair the rights hereby
    40  vested in the authority to purchase, construct, own and  operate,  main-
    41  tain,  repair,  improve,  reconstruct,  renovate, rehabilitate, enlarge,

    42  increase and extend, or dispose of any project, or  any  part  or  parts
    43  thereof,  for  which  bonds  of the authority shall have been issued, to
    44  establish and collect rates, rents, fees and other charges  referred  to
    45  in  this title, to fulfill the terms of any contracts or agreements made
    46  with or for the benefit of the holders of bonds or with  any  person  or
    47  public corporation with reference to such project or part thereof, or in
    48  any way to impair the rights and remedies of the holders of bonds, until
    49  the  bonds,  together  with  interest thereon, including interest on any
    50  unpaid  installments  of  interest,  and  all  costs  and  expenses   in
    51  connection  with any action or proceeding by or on behalf of the holders

    52  of bonds, are fully met and discharged  and  such  contracts  are  fully
    53  performed  on  the part of the authority. The authority is authorized to
    54  include this pledge and agreement of the state in any agreement with the
    55  holders of bonds.
        S. 3250--A                         19
 
     1    § 2799-ppp. Agreement with city. The city is authorized to  pledge  to
     2  and agree with the holders of any bonds issued by the authority pursuant
     3  to  this  title  and  with  those persons or public corporations who may
     4  enter into contracts with the authority pursuant to  the  provisions  of
     5  this  title  that  the  city  will not alter, limit or impair the rights
     6  hereby vested in the authority to purchase, construct, own and  operate,

     7  maintain, repair, improve, reconstruct, renovate, rehabilitate, enlarge,
     8  increase  and  extend,  or  dispose of any project, or any part or parts
     9  thereof, for which bonds of the authority shall  have  been  issued,  to
    10  establish  and  collect rates, rents, fees and other charges referred to
    11  in this title, to fulfill the terms of  any  agreements  made  with  the
    12  holders  of  the  bonds  or  with  any public corporation or person with
    13  reference to such project or part thereof, or  in  any  way  impair  the
    14  rights  and  remedies of the holders of bonds, until the bonds, together
    15  with interest thereon, including interest on any unpaid installments  of
    16  interest,  and  all  costs and expenses in connection with any action or

    17  proceeding by or on behalf of the holders of bonds, are  fully  met  and
    18  discharged  and  such  contracts  are fully performed on the part of the
    19  authority.
    20    § 2799-qqq. Exemption from taxes, assessments and certain fees. 1. The
    21  authority, notwithstanding the provisions of the real property tax  law,
    22  any  other  general,  special, or local law, or ordinance, rule or regu-
    23  lation to the contrary, with respect to the  airport,  aviation  facili-
    24  ties,  pollution control facilities, any real property, and any facility
    25  shall be exempt from taxation and shall not be required to pay any fees,
    26  taxes, special ad valorem levies or special assessments,  whether  state
    27  or  local,  including but not limited to fees, taxes, special ad valorem

    28  levies or assessments on real property, franchise taxes, sales taxes  or
    29  other  excise  taxes,  upon  the airport, aviation facilities, pollution
    30  control facilities, any facility or any property owned or leased  by  it
    31  or  under  its  jurisdiction,  control  or supervision, or upon the uses
    32  thereof, or upon its activities in the operation and maintenance of  its
    33  facilities  or any fares, tolls, rentals, rates, charges, fees, revenues
    34  or other income received by the authority. Notwithstanding the  previous
    35  sentence;  (1)  the  authority  shall  be required to pay (a) only those
    36  special ad valorem levies or assessments payable by the city immediately
    37  prior to the effective date of this act and (b)  scheduled  payments  in

    38  lieu  of  taxes  payable  by  the  city to school districts and to towns
    39  pursuant to PILOT agreements in effect immediately prior to  the  effec-
    40  tive date of this act; and (2) tax parcels not owned by the city and not
    41  tax  exempt prior to the effective date of this act shall not become tax
    42  exempt upon the effective date of this act. Tax parcels acquired by  the
    43  authority  subsequent  to the effective date of this act shall be exempt
    44  from taxes, assessments, special ad valorem levies, and special  assess-
    45  ments  fees  as  provided  herein,  subject  to  the  obligation to make
    46  payments in lieu of taxes to the extent provided in subdivision three of
    47  section twenty-seven hundred ninety-nine-uuu of this title. The authori-

    48  ty, notwithstanding the provisions of any  general,  special,  or  local
    49  law, or ordinance, resolution, rule, or regulation to the contrary, with
    50  respect  to  the airport, aviation facilities, pollution control facili-
    51  ties, real property, and  other  facilities  used  for  public  aviation
    52  purposes  or for airport development or to support or in connection with
    53  the airport, aviation facilities,  pollution  control  facilities,  real
    54  property  or  other  facilities,  shall  at all times be exempt from any
    55  filing, mortgage recording or transfer fees  or  taxes  in  relation  to
    56  instruments  filed,  recorded or transferred by them or on their behalf.
        S. 3250--A                         20
 

     1  The construction, use, occupation or possession of any property owned by
     2  the authority, including improvements thereon, by any person  or  public
     3  corporation  under  a  lease,  lease and sublease or any other agreement
     4  shall not operate to abrogate or limit the foregoing exemption, notwith-
     5  standing  that  the lessee, user, occupant or person in possession shall
     6  claim ownership for federal income tax purposes.
     7    2. Any bonds issued pursuant to this title together  with  the  income
     8  therefrom as well as the property of the authority shall at all times be
     9  exempt from taxes, except for transfer and estate taxes. The state here-
    10  by  covenants  with  the  purchasers and with all subsequent holders and

    11  transferees of bonds issued by the authority pursuant to this title,  in
    12  consideration  of  the acceptance of and payment for the bonds, that the
    13  bonds of the authority issued pursuant to  this  title  and  the  income
    14  therefrom and all revenues, moneys, and other property pledged to secure
    15  the  payment  of  such  bonds  shall at all times be free from taxation,
    16  except for transfer and estate taxes.
    17    § 2799-rrr. Actions against authority. 1.  Except  in  an  action  for
    18  wrongful  death,  no action or special proceeding shall be prosecuted or
    19  maintained against the authority, its members,  officers,  or  employees
    20  for  personal  injury  or damage to real or personal property alleged to

    21  have been sustained by reason of the negligence, tort or wrongful act of
    22  the authority or of any member,  officer,  agent  or  employee  thereof,
    23  unless  (a)  a  notice of claim shall have been made and served upon the
    24  authority within the time limit set by and in  compliance  with  section
    25  fifty-e  of  the general municipal law, (b) it shall appear by and as an
    26  allegation in the complaint or moving papers that at least  thirty  days
    27  have  elapsed  since  the  service of such notice and that adjustment or
    28  payment thereof has been neglected or refused, (c) the action or special
    29  proceeding shall be commenced within one year and ninety days after  the
    30  happening  of the event upon which the claim is based, and (d) an action

    31  against the authority for wrongful death shall be commenced  in  accord-
    32  ance  with  the  notice of claim and time limitation provisions of title
    33  eleven of article nine of this chapter.
    34    2. No action or special proceeding, for any cause whatever, except  as
    35  hereinafter  provided, relating to airport property, facilities or oper-
    36  ations or involving the rights  or  interests  of  the  airport  or  the
    37  airport  authority shall be prosecuted or maintained against the airport
    38  authority unless it  shall  appear  by  and  as  an  allegation  in  the
    39  complaint  or necessary moving papers that a written verified claim upon
    40  which action or special proceeding is founded was served on the  airport

    41  authority,  in the same manner as a summons under the CPLR, within three
    42  (3) months after the accrual of  such  claim.  The  provisions  of  this
    43  section  shall not apply to an action or special proceeding founded upon
    44  tort which shall be governed by the provisions of section fifty-e of the
    45  general municipal law, or to the extent disallowed  under  federal  law,
    46  regulations, or by agreement with the federal government.
    47    3.  Whenever  a notice of claim is served upon the authority, it shall
    48  have the right to demand an examination of the claimant relative to  the
    49  occurrence  and  extent  of  the  injuries or damages for which claim is
    50  made, in accordance with the provisions of section fifty-h of the gener-
    51  al municipal law.

    52    4. The authority may require any person presenting for  settlement  an
    53  account  or  claim  for  any  cause whatever against the authority to be
    54  sworn before a member, counsel or an attorney, officer  or  employee  of
    55  the  authority  designated  for such purpose, concerning such account or
    56  claim and, when so sworn, to answer orally as to any facts  relative  to
        S. 3250--A                         21
 
     1  such  account  or  claim.  The  authority  shall have power to settle or
     2  adjust all claims in favor of or against the authority.
     3    5.  Any  action  or proceeding to which the authority or the people of
     4  the state may be parties, in which any question arises as to the validi-

     5  ty of this title, shall be preferred over  all  other  civil  causes  of
     6  action  or  cases,  except  election  causes  of action or cases, in all
     7  courts of the state and shall be heard and determined in  preference  to
     8  all  other  civil business pending therein except election causes, irre-
     9  spective of position on the  calendar.  The  same  preference  shall  be
    10  granted  upon  application of the authority or its counsel in any action
    11  or proceeding questioning the  validity  of  this  title  in  which  the
    12  authority  may  be allowed to intervene. The venue of any such action or
    13  proceeding shall be laid in the supreme court of Onondaga county.
    14    6. The rate of interest to be paid by the authority upon any  judgment

    15  for which it is liable, other than a judgment on its bonds, shall be the
    16  rate  prescribed by section five thousand four of the civil practice law
    17  and rules. Interest on payments of principal or interest on any bonds in
    18  default shall accrue at the rate borne by such bonds from the  due  date
    19  thereof until paid or otherwise satisfied.
    20    §  2799-sss. Contracts. All contracts for construction shall be let by
    21  the authority in conformity with the applicable  provisions  of  section
    22  one  hundred  thirty-five  of  the state finance law and shall be let in
    23  accordance with the provisions of state  law  pertaining  to  prevailing
    24  wages,  labor  standards  and working hours.   The authority may, in its

    25  discretion, assign contracts for supervision  and  coordination  to  the
    26  successful  bidder  for  any subdivision of work for which the authority
    27  receives bids.  The authority shall not award any construction  contract
    28  except to the lowest bidder who, in its opinion, is qualified to perform
    29  the  work  required  and who is responsible and reliable.  The authority
    30  may, however, reject any or all bids or waive any informality in  a  bid
    31  if  it  believes  that the public interest will be promoted thereby. The
    32  authority may reject any bid if, in its judgment, the business and tech-
    33  nical organization, plant, resources, financial standing, or  experience
    34  of  the  bidder  justifies  such  rejection  in  view  of the work to be
    35  performed.

    36    § 2799-ttt.  Conflicts of interest. Eligibility for appointment  as  a
    37  director,  officer  or employee of the authority shall be subject to the
    38  provisions of section twenty-eight hundred twenty-five of this  chapter.
    39  In addition to the requirements of such section:
    40    1.  It  shall  be a misdemeanor for any member, officer or employee of
    41  the authority to be in any way or manner interested, directly  or  indi-
    42  rectly,  in  the furnishing of work, materials, supplies or labor, or in
    43  any contract therefore which the authority is empowered by this title to
    44  make.
    45    2. If any director, officer or employee of the authority shall have an
    46  interest, either direct or  indirect,  in  any  contract  to  which  the

    47  authority  is  or  is to be a party, such interest shall be disclosed to
    48  the authority in writing and shall be set forth in the  minutes  of  the
    49  authority.  The director, officer or employee having such interest shall
    50  not participate in any action by the  authority  with  respect  to  such
    51  contract.
    52    3.  No  director, officer or employee of the authority shall be deemed
    53  to have such an interest solely  by  reason  of  the  ownership  of  two
    54  percent  or less of the securities of a corporation which is or is to be
    55  a party to a contract with the authority, including  without  limitation
    56  the holding company of any banking institution in which the funds of the
        S. 3250--A                         22
 

     1  authority are, or are to be deposited, or which is or is to be acting as
     2  trustee  or paying agent under any bond or note resolution, trust inden-
     3  ture or similar instrument to which the authority is a party.
     4    4.  Nothing  in this section shall be deemed or construed to limit the
     5  right of any director, officer or employee of the authority  to  acquire
     6  an interest in the securities of the authority.
     7    §  2799-uuu.  Agreements  relating  to payment in lieu of taxes. 1. In
     8  order to assure that municipalities may not suffer undue  loss  payments
     9  in  lieu  of  taxes,  the  city  has entered into payment in lieu of tax
    10  agreements with the East Syracuse Minoa  central  school  district,  the

    11  town  of  Dewitt,  the  town of Salina, the town of Cicero and the North
    12  Syracuse central school district. The authority is obligated to continue
    13  to make any PILOT payments as set forth in these PILOT agreements.
    14    2. Subject to any agreement with bondholders, the authority  may,  but
    15  is not required to, increase the amount of the payments in lieu of taxes
    16  to  any such municipality in respect of any real property which is owned
    17  or leased by the authority, is located in such municipality, and is used
    18  for the airport, aviation facilities, pollution control facilities,  and
    19  other facilities used for public aviation purposes or for airport devel-
    20  opment or to support or in connection with the airport, aviation facili-

    21  ties  or pollution control facilities. For the purposes of this section,
    22  such public aviation  purposes  shall  include  without  limitation  air
    23  terminal  facilities,  aviation  facilities,  parking  facilities,  fuel
    24  facilities, maintenance facilities,  and  facilities  for  the  loading,
    25  unloading,  holding,  interchange  or  transfer  of passengers, freight,
    26  baggage or cargo.
    27    3. (a) In the event that any real property acquired by  the  authority
    28  subsequent to the effective date of this act is used or is to be used by
    29  the authority, or a lessee thereof, for purposes other than the airport,
    30  aviation  facilities, pollution control facilities, and other facilities
    31  used for public aviation purposes  or  for  airport  development  or  to

    32  support  or  in  connection  with  the  airport, aviation facilities, or
    33  pollution control facilities, the authority, or a lessee thereof, as the
    34  case may be, shall enter into agreements with any  municipality  of  the
    35  state  to pay annual sums in lieu of taxes in respect of such real prop-
    36  erty located in such municipality. For the  purposes  of  this  section,
    37  such  purposes  other  than  the airport, aviation facilities, pollution
    38  control facilities,  and  other  facilities  used  for  public  aviation
    39  purposes  or for airport development or to support or in connection with
    40  the airport, aviation facilities, or pollution control facilities, shall
    41  include without limitation hotels, motels,  restaurants,  retail  stores

    42  and  concessions  that are not located within any air terminal building,
    43  office buildings to the extent not used by the authority  or  any  other
    44  public corporation for its own corporate purposes, and such other build-
    45  ings  and  improvements  as determined by the authority to be not exclu-
    46  sively for the airport, aviation facilities, pollution  control  facili-
    47  ties,  and  other  facilities  used for aviation purposes or for airport
    48  development or to support or in connection with  the  airport,  aviation
    49  facilities, or pollution control facilities.
    50    (b)  The  authority  shall  determine:  (i)  the amount of such annual
    51  payments in lieu of taxes, (ii) whether the use of such property is  for

    52  purposes  other  than  public  aviation purposes and (iii) the extent to
    53  which such property is used for  purposes  other  than  public  aviation
    54  purposes.
    55    § 2799-vvv. Audit and annual report. In conformity with the provisions
    56  of  section five of article ten of the constitution, the accounts of the
        S. 3250--A                         23
 
     1  authority shall be subject to the supervision of the  state  comptroller
     2  and  an  annual  audit  shall  be  performed by an independent certified
     3  accountant. In addition to the reporting requirements of article nine of
     4  this  chapter,  the  authority shall annually submit to the governor and
     5  the state comptroller and to  the  chairperson  of  the  senate  finance

     6  committee and the chairperson of the assembly ways and means committee a
     7  detailed report pursuant to the provisions of section two thousand eight
     8  hundred of title one of article nine of this chapter, and a copy of such
     9  report  shall be filed with the clerk of the Syracuse common council and
    10  the mayor.
    11    § 2799-www. Limited liability. Neither members, officers or  employees
    12  of the authority, nor any municipality, or an officer or employee there-
    13  of  acting  on behalf of the authority, while acting within the scope of
    14  their authority, shall be subject to any  personal  liability  resulting
    15  from the construction, maintenance or operation of any of the properties
    16  of  the authority or from carrying out any of the powers expressly given

    17  in this title unless the conduct is finally determined  by  a  court  of
    18  competent  jurisdiction  to  constitute intentional wrong doing or reck-
    19  lessness provided, however, that this section shall not be held to apply
    20  to any independent contractor.
    21    § 2799-xxx.  Transfer  of  applications,  proceedings,  approvals  and
    22  permits.  1.  Any  application,  review  or process in relation to or in
    23  furtherance of the purposes of or contemplated by this title  heretofore
    24  filed  or  undertaken,  or  any  proceeding  heretofore commenced or any
    25  determination, finding or award made, by the city or by  the  city  with
    26  the  federal government, the state department of environmental conserva-

    27  tion, the state department of transportation or any other public  corpo-
    28  ration  shall  inure to and for the benefit of the authority to the same
    29  extent and in the same manner as if the authority had been  a  party  to
    30  such  application, review, process or proceeding from its inception, and
    31  the authority shall be deemed a party thereto, to the extent not prohib-
    32  ited by any federal law.  Any license, approval, permit,  determination,
    33  finding,  award  or  decision  heretofore or hereafter issued or granted
    34  pursuant to or as a result of any such application, review,  process  or
    35  proceeding shall inure to the benefit of and be binding upon the author-
    36  ity  and  shall be assigned and transferred by the city to the authority

    37  unless such assignment and transfer is prohibited by federal law.
    38    2. All such applications, proceedings, licenses,  approvals,  permits,
    39  determinations,  findings,  awards  and decisions shall further inure to
    40  and for the benefit of and be binding upon any person  leasing,  acquir-
    41  ing, financing, constructing, maintaining, operating, using or occupying
    42  any facility financed in whole or in part by the authority.
    43    §  2799-xxx-1.  Website.  The  authority  shall make accessible to the
    44  public, via its  official  or  shared  internet  website,  documentation
    45  pertaining to its mission, current activities, most recent annual finan-
    46  cial  reports, current year budget and its most recent independent audit

    47  report unless such information is covered by subdivision two of  section
    48  eighty-seven of the public officers law.
    49    § 2799-yyy. Severability. If any clause, sentence, paragraph, section,
    50  or part of this title shall be adjudged by any court of competent juris-
    51  diction to be invalid, such judgment shall not affect, impair or invali-
    52  date  the  remainder  thereof, but shall be confined in its operation to
    53  the clause, sentence, paragraph, section, or part  thereof  involved  in
    54  the controversy in which such judgment shall have been rendered.
    55    §   2799-zzz.  Effect  of  inconsistent  provisions.  Insofar  as  the
    56  provisions of this title are inconsistent with  the  provisions  of  the

        S. 3250--A                         24
 
     1  city  charter  or any local law, local charter, local ordinance or local
     2  resolution of the county or any other municipality,  the  provisions  of
     3  this  title  shall  be  controlling.   Insofar as the provisions of this
     4  title  are inconsistent with any state law, rule or regulation the state
     5  law, rule or regulation will prevail.  Nothing contained in this section
     6  shall be held to supplement or otherwise expand the powers or duties  of
     7  the  authority  otherwise set forth in this title nor abridge the powers
     8  or duties of any state agency  or  department.  Except  as  specifically
     9  provided  for in this title, in the performance of any of its functions,
    10  powers and duties, the authority shall  be  subject  to  all  applicable

    11  general  or  special  laws of the state, the city charter, and any local
    12  law, ordinance or resolution of the city.
    13    § 2. Paragraph (b) of subdivision 11 of section 310 of  the  executive
    14  law,  as  amended by chapter 506 of the laws of 2009, is amended to read
    15  as follows:
    16    (b) a "state authority," as defined in subdivision one of section  two
    17  of the public authorities law, and the following:
    18          Albany County Airport Authority;
    19          Albany Port District Commission;
    20          Alfred, Almond, Hornellsville Sewer Authority;
    21          Battery Park City Authority;
    22          Cayuga County Water and Sewer Authority;
    23          (Nelson A. Rockefeller) Empire State Plaza Performing Arts
    24            Center Corporation;
    25          Industrial Exhibit Authority;
    26          Livingston County Water and Sewer Authority;

    27          Long Island Power Authority;
    28          Long Island Rail Road;
    29          Long Island Market Authority;
    30          Manhattan and Bronx Surface Transit Operating Authority;
    31          Metro-North Commuter Railroad;
    32          Metropolitan Suburban Bus Authority;
    33          Metropolitan Transportation Authority;
    34          Natural Heritage Trust;
    35          New York City Transit Authority;
    36          New York Convention Center Operating Corporation;
    37          New York State Bridge Authority;
    38          New York State Olympic Regional Development Authority;
    39          New York State Thruway Authority;
    40          Niagara Falls Public Water Authority;
    41          Niagara Falls Water Board;
    42          Port of Oswego Authority;
    43          Power Authority of the State of New York;
    44          Roosevelt Island Operating Corporation;
    45          Schenectady Metroplex Development Authority;

    46          State Insurance Fund;
    47          Staten Island Rapid Transit Operating Authority;
    48          State University Construction Fund;
    49          Syracuse Regional Airport Authority;
    50          Triborough Bridge and Tunnel Authority.
    51          Upper Mohawk valley regional water board.
    52          Upper Mohawk valley regional water finance authority.
    53          Upper Mohawk valley memorial auditorium authority.
    54          Urban Development Corporation and its subsidiary corporations.
    55    §  3.  This act shall take effect immediately; provided, however, that
    56  the amendments to paragraph (b) of subdivision 11 of section 310 of  the
        S. 3250--A                         25
 
     1  executive law made by section two of this act shall not affect the expi-
     2  ration of such section and shall be deemed to expire therewith.