S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3932

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 27, 2013
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN  ACT  to amend the public authorities law and the transportation law,
  in relation to establishing the Corinth and Warren railroad  authority
  and  establishing  the  powers  and duties of the town of Corinth, the
  county of Warren and other municipalities located along  the  railroad
  line

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 8 of the  public  authorities  law  is  amended  by
adding a new title 28-D to read as follows:
                               TITLE 28-D
                       CORINTH AND WARREN RAILROAD
                                AUTHORITY
SECTION 2681.   SHORT TITLE.
        2681-A. DEFINITIONS.
        2681-B. CORINTH AND WARREN RAILROAD AUTHORITY.
        2681-C. PURPOSES OF THE AUTHORITY.
        2681-D. GENERAL POWERS OF THE AUTHORITY.
        2681-E. SPECIAL POWERS OF THE AUTHORITY.
        2681-F. COOPERATION AND ASSISTANCE OF OTHER AGENCIES.
        2681-G. EXEMPTION FROM TAXATION.
        2681-H. ADVANCES ON BEHALF OF AUTHORITY; TRANSFER OF PROPERTY TO
                  AUTHORITY; ACQUISITION OF PROPERTY FOR AUTHORITY.
        2681-I. NEW  YORK  STATE  AND LOCAL EMPLOYEES' RETIREMENT SYSTEM
                  RIGHTS OF EMPLOYEES; CIVIL SERVICE.
        2681-J. EQUAL EMPLOYMENT OPPORTUNITY.
        2681-K. MONIES OF THE AUTHORITY.
        2681-L. CONTRACTS.
        2681-M. ANNUAL REPORT AND AUDIT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09348-01-3
              

S. 3932                             2

        2681-N. DEFENSE AND INDEMNIFICATION.
        2681-O. ACTION BY OR AGAINST THE AUTHORITY.
        2681-P. TRACK, BRIDGE, SIGNAL, STATION AND OTHER FACILITY OPERA-
                  TION AND MAINTENANCE.
        2681-Q. STATE,  COUNTY,  TOWN  AND MUNICIPALITIES NOT LIABLE FOR
                  OBLIGATIONS OF THE AUTHORITY.
        2681-R. EFFECT OF INCONSISTENT PROVISIONS.
  S 2681. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE
"CORINTH AND WARREN RAILROAD AUTHORITY ACT".
  S 2681-A. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS  A
DIFFERENT MEANING APPEARS FROM THE CONTEXT:
  1.   "AUTHORITY"   SHALL  MEAN  THE  CORPORATION  CREATED  BY  SECTION
TWENTY-SIX HUNDRED EIGHTY-ONE-B OF THIS TITLE.
  2. "AUTHORITY FACILITIES" SHALL MEAN THE AUTHORITY'S RAILROAD  FACILI-
TIES AND OPERATIONS PURSUANT TO JOINT SERVICE ARRANGEMENTS.
  3. "COMPTROLLER" SHALL MEAN THE STATE COMPTROLLER.
  4.  "CORINTH  AND  WARREN  RAILROAD LINE" SHALL MEAN THE RAILROAD LINE
GENERALLY DESCRIBED AS LOCATED BETWEEN MILE POST 94.96 IN NORTH CREEK IN
THE TOWN OF JOHNSBURG AND COUNTY OF  WARREN  AND  RUNNING  APPROXIMATELY
FIFTY-SIX  MILES  TO  MILE POST 39.44 IN THE CITY OF SARATOGA SPRINGS IN
THE COUNTY OF SARATOGA.
  5. "COUNTY" SHALL MEAN THE COUNTY OF WARREN.
  6. "EQUIPMENT" SHALL MEAN ROLLING STOCK,  VEHICLES,  MOTORS,  BOILERS,
ENGINES,  WIRES, WAYS, CONDUITS AND MECHANISMS, MACHINERY, TOOLS, IMPLE-
MENTS, MATERIALS, SUPPLIES, INSTRUMENTS  AND  DEVICES  OF  EVERY  NATURE
WHATSOEVER  USED  OR  USEFUL  FOR  RAILROAD  AND  RELATED TRANSPORTATION
PURPOSES OR FOR THE GENERATION OR TRANSMISSION OF MOTIVE POWER INCLUDING
BUT NOT LIMITED TO ALL POWER HOUSES, AND ALL APPARATUS AND  ALL  DEVICES
FOR  SIGNALING,  COMMUNICATIONS  AND  VENTILATION  AS  MAY BE NECESSARY,
CONVENIENT OR DESIRABLE FOR THE  OPERATION  OF  A  RAILROAD  OR  RELATED
TRANSPORTATION FACILITY.
  7. "JOINT SERVICE ARRANGEMENTS" SHALL MEAN AGREEMENTS BETWEEN OR AMONG
THE  AUTHORITY  AND  ANY COMMON CARRIER OR FREIGHT FORWARDER, THE STATE,
THE FEDERAL GOVERNMENT, ANY OTHER STATE  OR  AGENCY  OR  INSTRUMENTALITY
THEREOF,  ANY  PUBLIC AUTHORITY OF THIS OR ANY OTHER STATE, OR ANY POLI-
TICAL SUBDIVISION OR MUNICIPALITY OF THIS OR ANY OTHER  STATE,  RELATING
TO  PROPERTY, BUILDINGS, STRUCTURES, FACILITIES, SERVICES, RATES, FARES,
CLASSIFICATIONS, DIVISIONS, ALLOWANCES OR CHARGES,  OR  RULES  OR  REGU-
LATIONS  PERTAINING  THERETO, FOR OR IN CONNECTION WITH OR INCIDENTAL TO
TRANSPORTATION IN PART IN OR UPON RAILROAD FACILITIES LOCATED WITHIN THE
COUNTY OF WARREN OR COUNTY OF SARATOGA AND IN PART IN OR  UPON  RAILROAD
FACILITIES LOCATED OUTSIDE SAID COUNTY OR TOWN.
  8. "LEGISLATIVE BODY" OR "LEGISLATIVE BODIES" SHALL MEAN ANY OR ALL OF
THE GOVERNING BOARDS OF THE COUNTY OF WARREN AND THE TOWN OF CORINTH.
  9.  "MUNICIPALITY"  SHALL MEAN ANY COUNTY, CITY, TOWN, VILLAGE, SCHOOL
DISTRICT, IMPROVEMENT DISTRICT, ANY OTHER SUCH INSTRUMENTALITY,  INCLUD-
ING  AN AGENCY OR PUBLIC BENEFIT CORPORATION OF THE STATE, OR ANY OF THE
FOREGOING, OR ANY COMBINATION THEREOF.
  10. "RAILROAD FACILITIES" SHALL MEAN RIGHT-OF-WAY AND  RELATED  TRACK-
AGE, RAILS, CARS, LOCOMOTIVES, OTHER ROLLING STOCK, SIGNAL, POWER, FUEL,
COMMUNICATION  AND  VENTILATION  SYSTEMS, POWER PLANTS, STATIONS, TERMI-
NALS, PARKING  LOTS,  GARAGES,  WAREHOUSES,  STORAGE  YARDS,  INTERMODAL
FACILITIES,  REPAIR  AND  MAINTENANCE SHOPS, YARDS, EQUIPMENT AND PARTS,
OFFICES AND OTHER REAL ESTATE OR PERSONALTY USED OR HELD  FOR  OR  INCI-
DENTAL  TO  THE OPERATION, REHABILITATION OR IMPROVEMENT OF ANY RAILROAD
OPERATING OR TO OPERATE BETWEEN POINTS WITHIN THE COUNTY OF  WARREN  AND

S. 3932                             3

THE  COUNTY  OF  SARATOGA  OR  PURSUANT  TO  JOINT SERVICE ARRANGEMENTS,
INCLUDING BUT NOT LIMITED TO BUILDINGS, STRUCTURES, AND  AREAS  NOTWITH-
STANDING  THAT  PORTIONS  THEREOF  MAY  NOT  BE  DEVOTED TO ANY RAILROAD
PURPOSE  OTHER  THAN  THE PRODUCTION OF REVENUES AVAILABLE FOR THE COSTS
AND EXPENSES OF ALL OR ANY FACILITIES OF THE AUTHORITY.
  11. "REAL PROPERTY"  SHALL  MEAN  LANDS,  STRUCTURES,  FRANCHISES  AND
INTERESTS  IN  LAND,  WATERS, LANDS UNDER WATER, RIPARIAN RIGHTS AND AIR
RIGHTS AND ANY AND ALL THINGS AND RIGHTS INCLUDED WITHIN SAID  TERM  AND
INCLUDES  NOT  ONLY  FEES  SIMPLE  ABSOLUTE  BUT ALSO ANY AND ALL LESSER
INTERESTS INCLUDING BUT NOT LIMITED TO EASEMENTS,  RIGHTS-OF-WAY,  USES,
LEASES,  LICENSES  AND  ALL  OTHER  INCORPOREAL  HEREDITAMENTS AND EVERY
ESTATE, INTEREST OR RIGHT, LEGAL OR EQUITABLE, INCLUDING TERMS FOR YEARS
AND LIENS THEREON BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE.
  12. "TOWN" SHALL MEAN THE TOWN OF CORINTH IN THE COUNTY OF SARATOGA.
  S 2681-B. CORINTH AND WARREN RAILROAD AUTHORITY. 1.  THERE  IS  HEREBY
CREATED  THE  "CORINTH  AND  WARREN RAILROAD AUTHORITY" WHICH SHALL BE A
BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC BENEFIT CORPORATION.
  2. THE AUTHORITY SHALL CONTINUE FOR THIRTY YEARS  FROM  THE  EFFECTIVE
DATE  OF  THIS  TITLE,  OR SO LONG AS IT SHALL HAVE BONDS OR OTHER OBLI-
GATIONS OUTSTANDING OR UNTIL IT CAN NO LONGER SECURE OPERATIONS OF TRAIN
SERVICES WHICH PROVIDE FREIGHT, PASSENGER AND  TOURIST  SERVICES  WITHIN
THE RESOURCES AVAILABLE OR UNTIL ITS EXISTENCE SHALL OTHERWISE BE TERMI-
NATED  BY LAW.   UPON THE TERMINATION OF THE EXISTENCE OF THE AUTHORITY,
ALL ITS RIGHTS AND PROPERTIES SHALL PASS TO AND BE VESTED IN THE  COUNTY
AND  THE  TOWN PURSUANT TO ANY AGREEMENTS AMONG THE COUNTY, THE TOWN AND
THE AUTHORITY.
  3. THE AUTHORITY SHALL ADOPT BY-LAWS GOVERNING ITS OPERATION AND  KEEP
A  RECORD OF ITS RESOLUTIONS, TRANSACTIONS, FINDINGS AND DETERMINATIONS,
WHICH RECORD SHALL BE A PUBLIC RECORD.
  4. THE AUTHORITY SHALL CONSIST OF THE FOLLOWING SIX MEMBERS:
  (A) THE COUNTY LEGISLATIVE BODY OF  THE  COUNTY  SHALL  APPOINT  THREE
VOTING  MEMBERS  OF THE AUTHORITY WHO SHALL BE RESIDENTS OF SUCH COUNTY,
UPON THE RECOMMENDATION OF THE  CHIEF  EXECUTIVE  (COUNTY  EXECUTIVE  OR
CHAIR OF THE COUNTY LEGISLATIVE BODY) OF THE COUNTY; AND
  (B)  THE  TOWN BOARD OF THE TOWN SHALL APPOINT THREE VOTING MEMBERS OF
THE AUTHORITY WHO SHALL BE RESIDENTS OF SUCH TOWN, UPON THE  RECOMMENDA-
TION OF THE SUPERVISOR OF THE TOWN.
  5.  THE  TERM  OF  OFFICE  OF  MEMBERS OF THE AUTHORITY SHALL BE THREE
YEARS.  TWO OF THE INITIAL MEMBERS OF THE AUTHORITY SHALL  SERVE  A  ONE
YEAR  TERM,  TWO SHALL SERVE A TWO YEAR TERM AND TWO SHALL SERVE A THREE
YEAR TERM.
  6. ALL MEMBERS SHALL CONTINUE TO HOLD OFFICE  UNTIL  THEIR  SUCCESSORS
ARE  APPOINTED  AND  QUALIFIED.  THE  RESIGNATION OF ANY MEMBER SHALL BE
FILED WITH THE APPOINTING AUTHORITY  AND  SHALL  BE  EFFECTIVE  WHEN  SO
FILED.    VACANCIES  OCCURRING  OTHERWISE  THAN BY EXPIRATION OF TERM OF
OFFICE SHALL BE FILLED FOR THE UNEXPIRED TERM  IN  THE  SAME  MANNER  AS
PROVIDED FOR THE ORIGINAL APPOINTMENT.
  7.  THE  CHAIRPERSON, VICE-CHAIRPERSON, SECRETARY, AND OTHER NECESSARY
OFFICERS SHALL BE NAMED BY A MAJORITY VOTE OF ALL THE VOTING MEMBERS  TO
SERVE FOR SUCH PERIOD AS THE MEMBERS SHALL DECIDE. THE CHAIRPERSON SHALL
PRESIDE  OVER THE MEETINGS OF THE AUTHORITY AND SHALL APPOINT MEMBERS OF
THE AUTHORITY TO COMMITTEES ESTABLISHED BY THE AUTHORITY TO  ASSIST  THE
AUTHORITY IN CARRYING OUT ITS DUTIES.
  8.  ANY  MEMBER  OF  THE AUTHORITY MAY BE REMOVED BY RESOLUTION OF THE
ENTITY WHICH APPOINTED SUCH MEMBER EITHER FOR CAUSE OR  FOR  NON-COMPLI-

S. 3932                             4

ANCE  WITH MINIMUM REQUIREMENTS RELATING TO MEETING ATTENDANCE AND OTHER
CRITERIA AS MAY BE ESTABLISHED BY RESOLUTION OF SUCH ENTITY.
  9.  NO  PERSON  SHALL  BE  PRECLUDED  FROM  SERVING AS A MEMBER OF THE
AUTHORITY AS APPOINTED BY THE COUNTY LEGISLATIVE BODY OR THE TOWN  BOARD
PURSUANT  TO THIS SECTION BECAUSE SUCH MEMBER IS AN ELECTED OR APPOINTED
OFFICIAL OF A MUNICIPALITY, EXCEPT THAT NO MEMBER OF THE AUTHORITY SHALL
VOTE ON ANY MATTER BEFORE THE AUTHORITY WHICH HAS BEEN THE SUBJECT OF  A
PROPOSAL,  APPLICATION  OR  VOTE BEFORE THE MUNICIPALITY WHERE HE OR SHE
SERVES IN SUCH ELECTED OR APPOINTED CAPACITY.
  10. THE MEMBERS OF THE AUTHORITY SHALL RECEIVE NO  SALARY  OR  COMPEN-
SATION  FOR THEIR SERVICES, BUT MAY BE REIMBURSED FOR AUTHORIZED, ACTUAL
AND NECESSARY TRAVEL AND EXPENDITURES.
  11. A MAJORITY OF THE WHOLE NUMBER OF VOTING MEMBERS OF THE  AUTHORITY
THEN  IN  OFFICE  SHALL  CONSTITUTE  A QUORUM FOR THE TRANSACTION OF ANY
BUSINESS OR THE EXERCISE OF ANY POWER OF THE AUTHORITY.  NOTWITHSTANDING
ANY  PROVISION OF STATUTE OR LAW TO THE CONTRARY AND EXCEPT AS OTHERWISE
SPECIFIED IN THIS TITLE, FOR THE TRANSACTION  OF  ANY  BUSINESS  OR  THE
EXERCISE  OF  ANY POWER OF THE AUTHORITY, THE AUTHORITY SHALL HAVE POWER
TO ACT BY A MAJORITY OF THE  WHOLE  NUMBER  OF  VOTING  MEMBERS  OF  THE
AUTHORITY.
  12.  THE  AUTHORITY  SHALL  BE  DEEMED  A STATE AGENCY FOR PURPOSES OF
SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW, PROVIDED, HOWEVER, THAT
NO NON-VOTING MEMBER OF THE AUTHORITY SHALL  BE  DEEMED  AN  OFFICER  OR
EMPLOYEE OF A STATE AGENCY.
  S  2681-C. PURPOSES OF THE AUTHORITY. 1. THE PURPOSES OF THE AUTHORITY
SHALL BE THE ADMINISTRATION, MANAGEMENT, CONTINUANCE,  FURTHER  DEVELOP-
MENT  AND  IMPROVEMENT  OF  RAILROAD  TRANSPORTATION  AND OTHER SERVICES
RELATED THERETO WITHIN THE COUNTIES  OF  WARREN  AND  SARATOGA  AND  THE
PROMOTION  OF  TOURISM, FREIGHT AND PASSENGER TRANSPORTATION, IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS TITLE. IT SHALL BE THE FURTHER  PURPOSE
OF THE AUTHORITY TO DEVELOP AND IMPLEMENT A UNIFIED RAILROAD TRANSPORTA-
TION  POLICY AND STRATEGY FOR SUCH COUNTY AND TOWN.  WHEN ADMINISTERING,
MANAGING, CONTINUING, DEVELOPING AND IMPROVING RAILROAD  FACILITIES,  OR
FORMULATING  STRATEGIES,  POLICIES AND MAKING DECISIONS RELATED THERETO,
THE AUTHORITY SHALL UNDERTAKE TO ENCOURAGE  AND  WORK  TO  CONTINUE  AND
CAUSE  THE  GROWTH  OF  THE  OPERATION OF TOURISM TRAINS THAT PROVIDE AN
ATTRACTION AND OPPORTUNITY FOR TOURISTS TO TAKE SCENIC TRAIN RIDES,  SKI
TRAINS TO NORTH CREEK, THOMAS THE TANK, POLAR EXPRESS OR SIMILAR SPECIAL
EVENTS  AND  OTHERWISE  CAUSE TRAIN OPERATIONS THAT NOT ONLY PROVIDE THE
USUAL FREIGHT AND PASSENGER SERVICE,  BUT  ALSO  PROMOTE  AND  ENCOURAGE
TOURISM IN AND AMONG THE COMMUNITIES ALONG THE RAIL LINE.
  2.  IT  IS  HEREBY  FOUND  AND  DECLARED THAT SUCH PURPOSES ARE IN ALL
RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE STATE  AND  THE  AUTHORITY
SHALL  BE  REGARDED  AS PERFORMING AN ESSENTIAL GOVERNMENTAL FUNCTION IN
CARRYING OUT ITS PURPOSES AND IN EXERCISING THE POWERS GRANTED  BY  THIS
TITLE.
  S 2681-D. GENERAL POWERS OF THE AUTHORITY. EXCEPT AS OTHERWISE LIMITED
BY THIS TITLE, THE AUTHORITY SHALL HAVE POWER:
  1. TO SUE AND BE SUED;
  2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
  3. TO BORROW MONEY;
  4. TO INVEST ANY FUNDS HELD IN RESERVE OR SINKING FUNDS, OR ANY MONIES
NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION OF THE
AUTHORITY,  IN  OBLIGATIONS  IN  WHICH  THE STATE COMPTROLLER MAY INVEST
PURSUANT TO SECTION NINETY-EIGHT OR NINETY-EIGHT-A OF THE STATE  FINANCE
LAW;

S. 3932                             5

  5. TO MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE-
MENT, AND RULES AND REGULATIONS GOVERNING THE EXERCISE OF ITS POWERS AND
THE FULFILLMENT OF ITS PURPOSES UNDER THIS TITLE;
  6.  TO  ENTER INTO CONTRACTS AND LEASES AND TO EXECUTE ALL INSTRUMENTS
NECESSARY OR CONVENIENT;
  7. TO ACQUIRE, HOLD AND DISPOSE OF REAL OR PERSONAL  PROPERTY  IN  THE
EXERCISE OF ITS POWERS FOR ITS CORPORATE PURPOSES;
  8.  THE  AUTHORITY  MAY, WHENEVER IT SHALL DETERMINE THAT IT IS NOT IN
CONFLICT WITH THE INTERESTS OR PURPOSES OF THE AUTHORITY, RENT, LEASE OR
GRANT EASEMENTS OR OTHER RIGHTS IN, ANY LAND OR PROPERTY OF THE AUTHORI-
TY, INCLUDING THE GRANTING OF MUNICIPAL UTILITY EASEMENTS;
  9. TO APPOINT SUCH OFFICERS AND EMPLOYEES AS IT MAY  REQUIRE  FOR  THE
PERFORMANCE  OF  ITS  DUTIES,  AND TO FIX AND DETERMINE THEIR QUALIFICA-
TIONS, DUTIES, AND COMPENSATION AND TO RETAIN OR EMPLOY  COUNSEL,  AUDI-
TORS, ENGINEERS AND PRIVATE CONSULTANTS ON A CONTRACT BASIS OR OTHERWISE
FOR  RENDERING PROFESSIONAL OR TECHNICAL SERVICES AND ADVICE; SUCH COUN-
SEL, AUDITORS, ENGINEERS, AND PRIVATE CONSULTANTS, OFFICERS AND  EMPLOY-
EES MAY NOT BE A MEMBER OF THE AUTHORITY;
  10.  TO  MAKE  PLANS,  SURVEYS,  AND  STUDIES NECESSARY, CONVENIENT OR
DESIRABLE TO THE EFFECTUATION OF THE PURPOSES AND POWERS OF THE AUTHORI-
TY AND TO PREPARE RECOMMENDATIONS IN REGARD THERETO;
  11. TO CONTRACT FOR AND ACCEPT ANY GIFTS OR GRANTS, SUBSIDIES OR LOANS
OF FUNDS OR PROPERTY OR FINANCIAL OR OTHER AID  IN  ANY  FORM  FROM  THE
FEDERAL OR STATE GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY THEREOF, OR
FROM  ANY OTHER SOURCE, PUBLIC OR PRIVATE, AND TO COMPLY, SUBJECT TO THE
PROVISIONS OF THIS TITLE, WITH THE TERMS AND CONDITIONS THEREOF;
  12. TO DESIGNATE THE DEPOSITORIES OF ITS MONEY;
  13. TO ESTABLISH ITS FISCAL YEAR; AND
  14. TO DO ALL THINGS NECESSARY OR CONVENIENT OR DESIRABLE TO CARRY OUT
ITS PURPOSES AND EXERCISE THE POWERS EXPRESSLY GIVEN IN THIS TITLE.
  S 2681-E. SPECIAL POWERS OF THE AUTHORITY. IN ORDER TO EFFECTUATE  THE
PURPOSES OF THIS TITLE: 1. THE AUTHORITY MAY ACQUIRE, BY PURCHASE, GIFT,
GRANT,  TRANSFER,  CONTRACT  OR  LEASE, ANY RAILROAD FACILITY, WHOLLY OR
PARTIALLY WITHIN THE COUNTY OR TOWN OR ANY  PART  THEREOF,  OR  THE  USE
THEREOF,  AND  MAY ENTER INTO ANY JOINT SERVICE ARRANGEMENTS AS PROVIDED
IN THIS SECTION. ANY SUCH ACQUISITION OR JOINT SERVICE ARRANGEMENT SHALL
BE AUTHORIZED ONLY BY RESOLUTION OF THE AUTHORITY APPROVED BY  NOT  LESS
THAN  A MAJORITY OF THE WHOLE NUMBER OF VOTING MEMBERS OF THE AUTHORITY.
IN ADDITION TO AND NOT IN LIMITATION OF ANY OTHER POWER  CONFERRED  UPON
THE  AUTHORITY  BY THE PROVISIONS OF THIS TITLE, THE AUTHORITY IS HEREBY
EMPOWERED AND AUTHORIZED IN RESPECT OF ANY PROPERTY AND  ASSETS  AT  ANY
TIME  OWNED  OR  HELD  BY,  OR UNDER THE JURISDICTION OF, THE STATE, ANY
POLITICAL SUBDIVISION THEREOF, OR ANY PRIVATE OR OTHER  PUBLIC  CONCERN,
TO  ACCEPT  AND RECEIVE ANY SUCH INTEREST THEREIN AS IT MAY HAVE BEEN OR
MAY HEREAFTER BE DESIGNATED BY  THE  STATE,  ANY  POLITICAL  SUBDIVISION
THEREOF,  OR ANY OTHER PUBLIC OR PRIVATE CONCERN, BY LAW OR OTHER LAWFUL
MEANS TO RECEIVE, AND IN RESPECT THEREOF, EXCEPT AS  OTHERWISE  PROVIDED
BY  THE DESIGNATING STATUTE OR CONTRACTUAL INSTRUMENT, IT SHALL HAVE AND
EXERCISE ALL OF THE POWERS AND JURISDICTION HEREIN CONFERRED UPON IT  IN
RESPECT  OF  ANY OTHER PROPERTY, RIGHTS, ASSETS, FACILITIES AND PROJECTS
IN ANY OTHER MANNER ACQUIRED OR FROM ANY OTHER  SOURCE  RECEIVED  BY  IT
PURSUANT TO THE PROVISIONS OF THIS TITLE.
  2. THE AUTHORITY MAY ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY MAY
DETERMINE   NECESSARY,   CONVENIENT   OR   DESIRABLE  ITSELF  ESTABLISH,
CONSTRUCT, EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE,  EXTEND  OR
REPAIR  ANY  SUCH  RAILROAD FACILITY, OR MAY PROVIDE FOR SUCH ESTABLISH-

S. 3932                             6

MENT, CONSTRUCTION, EFFECTUATION,  OPERATION,  MAINTENANCE,  RENOVATION,
IMPROVEMENT,  EXTENSION  OR REPAIR BY CONTRACT, LEASE, OR OTHER ARRANGE-
MENT ON SUCH TERMS AS THE AUTHORITY MAY DEEM  NECESSARY,  CONVENIENT  OR
DESIRABLE  WITH  ANY  PERSON,  INCLUDING, BUT NOT LIMITED TO, ANY COMMON
CARRIER OR FREIGHT FORWARDER  OR  OTHER  PRIVATE  FOR-PROFIT  FIRM,  THE
STATE,  ANY AGENCY OR THE STATE, THE FEDERAL GOVERNMENT, ANY OTHER STATE
OR AGENCY OR INSTRUMENTALITY THEREOF, ANY  NON-PROFIT  CORPORATION,  ANY
PUBLIC AUTHORITY OF THIS OR ANY OTHER STATE OR ANY POLITICAL SUBDIVISION
OR  MUNICIPALITY  OF  THE STATE. IN CONNECTION WITH THE OPERATION OF ANY
SUCH RAILROAD FACILITY, THE AUTHORITY MAY ESTABLISH, CONSTRUCT, EFFECTU-
ATE, OPERATE, MAINTAIN, RENOVATE,  IMPROVE,  EXTEND  OR  REPAIR  OR  MAY
PROVIDE  BY  CONTRACT, LEASE OR OTHER ARRANGEMENT FOR THE ESTABLISHMENT,
CONSTRUCTION, EFFECTUATION, OPERATION, MAINTENANCE, RENOVATION, IMPROVE-
MENT, EXTENSION OR REPAIR OF ANY  RELATED  SERVICES  AND  ACTIVITIES  IT
DEEMS NECESSARY, CONVENIENT OR DESIRABLE, INCLUDING, BUT NOT LIMITED TO,
THE  TRANSPORTATION  AND  STORAGE OF FREIGHT AND THE UNITED STATES MAIL,
FEEDER AND  CONNECTING  TRANSPORTATION,  PARKING  AREAS,  TRANSPORTATION
CENTERS, STATIONS AND RELATED FACILITIES.
  3. THE AUTHORITY MAY ESTABLISH, LEVY AND COLLECT OR CAUSE TO BE ESTAB-
LISHED,  LEVIED  AND  COLLECTED  AND,  IN  THE  CASE  OF A JOINT SERVICE
ARRANGEMENT, JOIN WITH OTHERS IN THE ESTABLISHMENT, LEVY AND  COLLECTION
OF  SUCH  FARES, TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES AS IT MAY
DEEM NECESSARY, CONVENIENT OR DESIRABLE FOR THE USE AND OPERATION OF ANY
RAILROAD FACILITY AND RELATED SERVICES  OPERATED  BY  THE  AUTHORITY  OR
UNDER  CONTRACT,  LEASE  OR  OTHER  ARRANGEMENT, INCLUDING JOINT SERVICE
ARRANGEMENTS, WITH THE AUTHORITY.
  4. THE AUTHORITY MAY ESTABLISH AND,  IN  THE  CASE  OF  JOINT  SERVICE
ARRANGEMENTS,  JOIN  WITH  OTHERS IN THE ESTABLISHMENT OF SUCH SCHEDULES
AND STANDARDS OF OPERATIONS AND SUCH OTHER RULES AND REGULATIONS INCLUD-
ING BUT NOT LIMITED TO RULES AND REGULATIONS GOVERNING THE  CONDUCT  AND
SAFETY  OF  THE PUBLIC AS IT MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE
FOR THE USE AND OPERATION OF ANY RAILROAD FACILITY AND RELATED  SERVICES
OPERATED BY THE AUTHORITY OR UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT,
INCLUDING JOINT SERVICE ARRANGEMENTS, WITH THE AUTHORITY.
  5.  THE AUTHORITY MAY ACQUIRE, HOLD, OWN, LEASE, ESTABLISH, CONSTRUCT,
EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR  REPAIR  ANY
OF ITS FACILITIES.
  6.  THE  AUTHORITY,  IN  ITS  OWN  NAME, MAY APPLY FOR AND RECEIVE AND
ACCEPT GRANTS OF PROPERTY,  MONEY  AND  SERVICES  AND  OTHER  ASSISTANCE
OFFERED  OR  MADE  AVAILABLE  TO  IT BY ANY PERSON, GOVERNMENT OR AGENCY
WHICH IT MAY USE TO MEET CAPITAL OR OPERATING EXPENSES AND FOR ANY OTHER
USE WITHIN THE SCOPE OF ITS POWERS, AND TO NEGOTIATE FOR THE  SAME  UPON
SUCH  TERMS  AND  CONDITIONS AS THE AUTHORITY MAY DETERMINE TO BE NECES-
SARY, CONVENIENT OR DESIRABLE.
  7. THE AUTHORITY MAY DO ALL THINGS IT DEEMS NECESSARY,  CONVENIENT  OR
DESIRABLE TO MANAGE, CONTROL AND DIRECT THE MAINTENANCE AND OPERATION OF
RAILROAD  FACILITIES,  EQUIPMENT  OR  REAL PROPERTY OPERATED BY OR UNDER
CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY. EXCEPT AS HERE-
INAFTER SPECIALLY PROVIDED, NO MUNICIPALITY  OR  POLITICAL  SUBDIVISION,
INCLUDING  BUT NOT LIMITED TO A COUNTY, CITY, VILLAGE, TOWN OR SCHOOL OR
OTHER DISTRICT SHALL  HAVE  JURISDICTION  OVER  ANY  FACILITIES  OF  THE
AUTHORITY OR ANY OF ITS ACTIVITIES OR OPERATIONS. THE LOCAL LAWS, RESOL-
UTIONS, ORDINANCES, RULES AND REGULATIONS OF A MUNICIPALITY OR POLITICAL
SUBDIVISION  IN  THE  STATE  CONFLICTING  WITH THIS TITLE OR ANY RULE OR
REGULATION OF THE AUTHORITY, SHALL NOT BE APPLICABLE TO  THE  ACTIVITIES
OR  OPERATIONS  OF  THE  AUTHORITY,  OR THE FACILITIES OF THE AUTHORITY,

S. 3932                             7

EXCEPT SUCH FACILITIES THAT ARE DEVOTED TO PURPOSES OTHER THAN TRANSPOR-
TATION PURPOSES. THE AUTHORITY MAY AGREE WITH THE DEPARTMENT  OF  TRANS-
PORTATION  FOR  THE  EXECUTION  BY SUCH DEPARTMENT OF ANY GRADE CROSSING
ELIMINATION  PROJECT  OR  ANY  GRADE  CROSSING SEPARATION RECONSTRUCTION
PROJECT ALONG ANY RAILROAD FACILITY OPERATED BY THE AUTHORITY  OR  UNDER
CONTRACT,  LEASE  OR  OTHER  ARRANGEMENT  WITH  THE  AUTHORITY. ANY SUCH
PROJECT SHALL BE EXECUTED AS PROVIDED IN ARTICLE TEN OF THE  TRANSPORTA-
TION  LAW  AND THE RAILROAD LAW, RESPECTIVELY, AND THE COSTS OF ANY SUCH
PROJECT SHALL BE BORNE AS PROVIDED IN SUCH LAWS.
  S 2681-F. COOPERATION AND ASSISTANCE OF OTHER AGENCIES.  1.  TO  AVOID
DUPLICATION OF EFFORT AND IN THE INTERESTS OF ECONOMY, THE AUTHORITY MAY
MAKE  USE  OF EXISTING STUDIES, SURVEYS, PLANS, DATA AND OTHER MATERIALS
IN THE POSSESSION OF ANY STATE AGENCY OR ANY MUNICIPALITY  OR  POLITICAL
SUBDIVISION  OF THE STATE. EACH SUCH AGENCY, MUNICIPALITY OR SUBDIVISION
LOCATED IN OR SERVING SOME PORTION OF THE STATE IS HEREBY AUTHORIZED  TO
MAKE  THE  SAME AVAILABLE TO THE AUTHORITY AND OTHERWISE TO ASSIST IT IN
THE PERFORMANCE OF ITS FUNCTIONS. AT THE REQUEST OF THE AUTHORITY,  EACH
SUCH  AGENCY,  MUNICIPALITY  OR  SUBDIVISION  LOCATED IN OR SERVING SOME
PORTION OF THE STATE WHICH IS ENGAGED IN RAILROAD OR  OTHER  TRANSPORTA-
TION  ACTIVITIES  OR  IN  LAND  USE OR DEVELOPMENT PLANNING, OR WHICH IS
CHARGED WITH THE DUTY OF  PROVIDING  OR  REGULATING  ANY  TRANSPORTATION
FACILITY  OR ANY OTHER PUBLIC FACILITY, IS FURTHER AUTHORIZED TO PROVIDE
THE AUTHORITY WITH INFORMATION REGARDING ITS PLANS AND PROGRAMS  AFFECT-
ING  RAILROAD  TRANSPORTATION  WITHIN THE PARTICIPATING COUNTIES SO THAT
THE AUTHORITY MAY HAVE AVAILABLE TO IT CURRENT INFORMATION WITH  RESPECT
THERETO.  THE OFFICERS AND PERSONNEL OF SUCH AGENCIES, MUNICIPALITIES OR
SUBDIVISIONS, AND OF ANY OTHER GOVERNMENT OR AGENCY WHATEVER, MAY  SERVE
AT  THE  REQUEST  OF  THE AUTHORITY UPON SUCH ADVISORY COMMITTEES AS THE
AUTHORITY SHALL DETERMINE TO CREATE AND SUCH OFFICERS AND PERSONNEL  MAY
SERVE  UPON  SUCH  COMMITTEES WITHOUT FORFEITURE OF OFFICE OR EMPLOYMENT
AND WITH NO LOSS OR DIMINUTION IN THE COMPENSATION, STATUS,  RIGHTS  AND
PRIVILEGES WHICH THEY OTHERWISE ENJOY.
  2.  NOTWITHSTANDING  ANY  CONTRARY PROVISION OF LAW, THE COUNTY, EVERY
MUNICIPALITY LOCATED IN THE COUNTY  AND  THE  TOWN  ARE  AUTHORIZED  AND
EMPOWERED TO CONSENT TO THE USE BY THE AUTHORITY OF ANY REAL OR PERSONAL
PROPERTY  OWNED  BY  ANY  SUCH MUNICIPALITY AND NECESSARY, CONVENIENT OR
DESIRABLE IN THE OPINION OF THE AUTHORITY FOR ANY OF THE  FACILITIES  OR
PROJECTS  AUTHORIZED  UNDER  THIS TITLE, INCLUDING SUCH REAL PROPERTY AS
HAS ALREADY BEEN DEVOTED TO A PUBLIC USE, AND AS  AN  INCIDENT  TO  SUCH
CONSENT,  TO LEASE OR OTHERWISE TRANSFER AND CONVEY TO THE AUTHORITY ANY
SUCH REAL OR PERSONAL PROPERTY UPON SUCH TERMS AS MAY BE  DETERMINED  BY
THE AUTHORITY AND ANY SUCH MUNICIPALITY. EVERY SUCH MUNICIPALITY ALSO IS
AUTHORIZED AND EMPOWERED, AS AN INCIDENT TO SUCH CONSENT, TO VEST IN THE
AUTHORITY THE CONTROL, POSSESSION, OPERATION, MAINTENANCE, RENTS, CHARG-
ES  AND  ANY  AND  ALL OTHER REVENUES OF ANY FACILITIES NOW OWNED BY ANY
SUCH MUNICIPALITY, THE TITLE TO SUCH FACILITIES REMAINING IN SUCH  MUNI-
CIPALITY.
  S 2681-G. EXEMPTION FROM TAXATION. 1. IT IS HEREBY DETERMINED THAT THE
CREATION  OF  THE  AUTHORITY  AND THE CARRYING OUT OF ITS PURPOSES UNDER
THIS TITLE ARE IN ALL RESPECTS FOR THE BENEFIT  OF  THE  PEOPLE  OF  THE
STATE  OF  NEW  YORK AND IS A PUBLIC PURPOSE. ACCORDINGLY, THE AUTHORITY
SHALL BE REGARDED AS PERFORMING AN ESSENTIAL  GOVERNMENTAL  FUNCTION  IN
THE  EXERCISE  OF  THE  POWERS  CONFERRED UPON IT BY THIS TITLE, AND THE
AUTHORITY SHALL NOT BE REQUIRED TO PAY ANY FEES, TAXES, SPECIAL AD VALO-
REM LEVIES OR ASSESSMENTS OF ANY KIND, WHETHER STATE OR LOCAL, INCLUDING
BUT NOT LIMITED TO FEES, TAXES, SPECIAL AD VALOREM LEVIES OR ASSESSMENTS

S. 3932                             8

ON REAL PROPERTY, FRANCHISE TAXES, SALES TAXES OR OTHER TAXES,  UPON  OR
WITH  RESPECT  TO  ANY  PROPERTY  OWNED BY IT OR UNDER ITS JURISDICTION,
CONTROL OR SUPERVISION, OR UPON  THE  USES  THEREOF,  OR  UPON  OR  WITH
RESPECT  TO  ITS  ACTIVITIES  OR OPERATIONS IN FURTHERANCE OF THE POWERS
CONFERRED UPON IT BY THIS TITLE, OR UPON OR WITH RESPECT TO  ANY  FARES,
TOLLS,  RENTALS, RATES, CHARGES, FEES, REVENUES OR OTHER INCOME RECEIVED
BY THE AUTHORITY, EXCEPT THAT THE  AUTHORITY  SHALL  PAY  REAL  PROPERTY
TAXES,  SPECIAL  AD  VALOREM  LEVIES AND ASSESSMENTS ON THAT PART OF THE
RAILROAD TRACKS AND PROPERTY OWNED BY THE COUNTY ON THE  EFFECTIVE  DATE
OF  THIS  TITLE  AND  LOCATED IN THE COUNTY OF SARATOGA, AND ON RAILROAD
TRACKS AND PROPERTY OWNED BY THE TOWN ON  THE  EFFECTIVE  DATE  OF  THIS
TITLE AND LOCATED OUTSIDE OF THE TOWN.
  2.  NOTWITHSTANDING  SUBDIVISION ONE OF THIS SECTION, THE AUTHORITY OR
ANY LESSEES OF THE AUTHORITY SHALL BE REQUIRED TO PAY  WATER  AND  SEWER
FEES,  WATER AND SEWER ASSESSMENTS OR WATER AND SEWER SPECIAL AD VALOREM
LEVIES, EXCEPT THAT SUCH TAXING JURISDICTIONS  WHERE  THE  AUTHORITY  IS
REQUIRED  TO  PAY  REAL PROPERTY TAXES AND SPECIAL AD VALOREM LEVIES AND
ASSESSMENTS PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
  3. THE AUTHORITY MAY PAY, OR MAY ENTER INTO AGREEMENTS WITH ANY  MUNI-
CIPALITY,  INCLUDING SCHOOL DISTRICTS, TO PAY, A SUM OR SUMS ANNUALLY OR
OTHERWISE OR TO PROVIDE OTHER CONSIDERATIONS WITH RESPECT TO REAL  PROP-
ERTY OWNED BY THE AUTHORITY LOCATED WITHIN SUCH MUNICIPALITY.
  S  2681-H.  ADVANCES  ON  BEHALF OF AUTHORITY; TRANSFER OF PROPERTY TO
AUTHORITY; ACQUISITION OF PROPERTY FOR AUTHORITY. 1. IN ADDITION TO  ANY
POWERS  GRANTED  TO  IT BY LAW, THE COUNTY OR THE TOWN MAY BY RESOLUTION
ADVANCE SUMS OF MONEY TO OR ON BEHALF OF THE AUTHORITY TO  DEFRAY  COSTS
OR  EXPENSES OF THE AUTHORITY TO BE INCURRED PRIOR TO THE FIRST ISSUANCE
OF BONDS. SUBJECT TO THE RIGHTS OF ANY BONDHOLDERS, THE MONEYS SO APPRO-
PRIATED MAY BE REPAID BY THE AUTHORITY TO THE COUNTY OR THE TOWN AT SUCH
TIME AND IN SUCH MANNER AS MAY BE AGREED UPON BETWEEN THE AUTHORITY  AND
THE COUNTY OR THE TOWN.
  2.  THE COUNTY OR THE TOWN OR ANY OTHER MUNICIPALITY ALONG THE CORINTH
AND WARREN RAILROAD LINE MAY BY RESOLUTION GIVE,  GRANT,  SELL,  CONVEY,
LEND,  OR  LICENSE  THE USE OF OR LEASE TO THE AUTHORITY ANY PROPERTY OR
FACILITY WHICH IS USEFUL TO THE AUTHORITY IN  ORDER  TO  CARRY  OUT  ITS
POWERS  UNDER  THIS  TITLE.  ANY SUCH TRANSFER OF PROPERTY SHALL BE UPON
SUCH TERMS AND CONDITIONS, SUBJECT TO THE RIGHTS OF ANY BONDHOLDERS,  AS
THE AUTHORITY AND THE COUNTY, THE TOWN OR THE MUNICIPALITY MAY AGREE.
  3.  NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, GENERAL, SPECIAL,
OR LOCAL, REAL PROPERTY ACQUIRED BY THE AUTHORITY OR THE COUNTY  OR  THE
TOWN FROM THE STATE MAY BE USED FOR ANY CORPORATE PURPOSE OF THE AUTHOR-
ITY.
  S 2681-I. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM RIGHTS
OF  EMPLOYEES;  CIVIL  SERVICE.  1. IN ACCORDANCE WITH THE PROVISIONS OF
SECTION SEVENTY OF THE CIVIL SERVICE LAW, ANY OFFICER OR EMPLOYEE  OF  A
MUNICIPALITY  TRANSFERRED  TO  THE  AUTHORITY SHALL BE ELIGIBLE FOR SUCH
TRANSFER AND APPOINTMENT, WITHOUT  FURTHER  EXAMINATION,  TO  APPLICABLE
OFFICES, POSITIONS AND EMPLOYMENT UNDER THE AUTHORITY. ANY SUCH OFFICERS
OR  EMPLOYEES  SO TRANSFERRED TO THE AUTHORITY PURSUANT TO THIS SECTION,
WHO ARE MEMBERS OF OR BENEFIT UNDER ANY EXISTING PENSION  OR  RETIREMENT
FUND  OR  SYSTEM,  SHALL  CONTINUE TO HAVE ALL RIGHTS, PRIVILEGES, OBLI-
GATIONS AND STATUS WITH RESPECT TO  SUCH  FUND  OR  SYSTEM  AS  ARE  NOW
PRESCRIBED BY LAW.
  2.  NOTHING CONTAINED IN THIS TITLE SHALL BE CONSTRUED (A) TO DIMINISH
THE RIGHTS OF EMPLOYEES PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT OR
(B) TO AFFECT EXISTING LAW WITH RESPECT TO AN APPLICATION TO THE  PUBLIC

S. 3932                             9

EMPLOYMENT  RELATIONS  BOARD  SEEKING  A  DESIGNATION  BY THE BOARD THAT
CERTAIN PERSONS ARE MANAGERIAL OR CONFIDENTIAL.
  S  2681-J.  EQUAL  EMPLOYMENT  OPPORTUNITY. THE AUTHORITY SHALL ENSURE
THAT ALL EMPLOYEES OR  APPLICANTS  FOR  EMPLOYMENT  ARE  AFFORDED  EQUAL
OPPORTUNITY  EMPLOYMENT  WITHOUT  DISCRIMINATION ON ANY BASIS PROHIBITED
UNDER SUBDIVISION TWO OF SECTION FORTY-C OF THE CIVIL RIGHTS LAW.
  S 2681-K. MONIES OF THE AUTHORITY. ALL MONIES OF  THE  AUTHORITY  FROM
WHATEVER  SOURCE DERIVED SHALL BE PAID TO THE TREASURER OF THE AUTHORITY
AND SHALL BE DEPOSITED FORTHWITH IN AN  INTEREST-BEARING  ACCOUNT  IN  A
BANK  OR  BANKS DESIGNATED BY THE AUTHORITY. THE MONIES IN SUCH ACCOUNTS
SHALL BE PAID OUT OR WITHDRAWN ON THE ORDER OF SUCH PERSON OR PERSONS AS
THE AUTHORITY MAY AUTHORIZE TO MAKE SUCH REQUISITIONS. ALL  DEPOSITS  OF
SUCH  MONIES  SHALL BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF
THE STATE OR OF ANY MUNICIPALITY OF A MARKET VALUE EQUAL AT ALL TIMES TO
THE AMOUNT ON DEPOSIT AND ALL BANKS AND TRUST COMPANIES  ARE  AUTHORIZED
TO  GIVE  SUCH  SECURITY  FOR  SUCH DEPOSITS. TO THE EXTENT PRACTICABLE,
CONSISTENT WITH THE CASH REQUIREMENTS OF THE AUTHORITY, ALL SUCH  MONIES
SHALL  BE  DEPOSITED  IN  INTEREST-BEARING  ACCOUNTS.  ANY MONIES OF THE
AUTHORITY NOT  REQUIRED  FOR  IMMEDIATE  USE  OR  DISBURSEMENT  MAY,  BE
INVESTED  IN  ACCORDANCE  WITH SECTION NINETY-EIGHT OR NINETY-EIGHT-A OF
THE STATE FINANCE LAW.
  S 2681-L. CONTRACTS. 1. ALL CONTRACTS  FOR  THE  CONSTRUCTION,  RECON-
STRUCTION, REHABILITATION OR IMPROVEMENT OF BUILDINGS LET BY THE AUTHOR-
ITY  SHALL  COMPLY  WITH THE PROVISIONS OF SECTION TWO HUNDRED TWENTY OF
THE LABOR LAW AND SHALL ALSO BE SUBJECT TO THE PROVISIONS OF LAW  APPLI-
CABLE  TO  CONTRACTS LET BY A MUNICIPAL CORPORATION, EXCEPT AS OTHERWISE
PROVIDED IN THIS TITLE.
  2. ALL CONTRACTS FOR THE CONSTRUCTION, RECONSTRUCTION,  REHABILITATION
OR  IMPROVEMENT OF BUILDINGS LET BY THE AUTHORITY SHALL BE IN CONFORMITY
WITH THE APPLICABLE PROVISIONS OF SECTION ONE HUNDRED THIRTY-FIVE OF THE
STATE FINANCE LAW.
  3. THE AUTHORITY MAY, IN ITS DISCRETION, ASSIGN CONTRACTS  FOR  SUPER-
VISION  AND COORDINATION TO THE SUCCESSFUL BIDDER FOR ANY SUBDIVISION OF
WORK FOR WHICH THE AUTHORITY RECEIVES BIDS.  ANY  CONSTRUCTION  CONTRACT
AWARDED  BY  THE AUTHORITY SHALL CONTAIN SUCH OTHER TERMS AND CONDITIONS
AS THE AUTHORITY MAY DEEM  DESIRABLE.  THE  AUTHORITY  SHALL  AWARD  ANY
CONSTRUCTION  CONTRACT INVOLVING AN EXPENDITURE OF MORE THAN THIRTY-FIVE
THOUSAND DOLLARS TO THE LOWEST BIDDER WHO, IN ITS OPINION, IS  QUALIFIED
TO  PERFORM  THE  WORK REQUIRED AND WHO IS RESPONSIBLE AND RELIABLE. THE
AUTHORITY MAY, HOWEVER, REJECT ANY OR ALL BIDS OR WAIVE ANY  INFORMALITY
IN A BID IF IT BELIEVES THAT THE PUBLIC INTEREST WILL BE PROMOTED THERE-
BY.  THE AUTHORITY MAY REJECT ANY BID, IF, IN ITS JUDGMENT, THE BUSINESS
AND TECHNICAL ORGANIZATION, PLANT,  RESOURCES,  FINANCIAL  STANDING,  OR
EXPERIENCE OF THE BIDDER JUSTIFIES SUCH REJECTION IN VIEW OF THE WORK TO
BE PERFORMED.
  4.  FOR  THE  PURPOSES OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW ONLY,
THE AUTHORITY SHALL BE DEEMED A STATE AGENCY AS THAT  TERM  IS  USED  IN
SUCH  ARTICLE,  AND ALL CONTRACTS FOR PROCUREMENT, DESIGN, CONSTRUCTION,
SERVICES AND MATERIALS SHALL BE DEEMED STATE CONTRACTS WITHIN THE  MEAN-
ING OF THAT TERM AS SET FORTH IN SUCH ARTICLE.
  S  2681-M.  ANNUAL REPORT AND AUDIT. IN CONFORMITY WITH THE PROVISIONS
OF SECTION FIVE OF ARTICLE TEN OF THE CONSTITUTION, THE ACCOUNTS OF  THE
AUTHORITY  SHALL BE SUBJECT TO THE SUPERVISION OF THE COMPTROLLER AND AN
ANNUAL AUDIT SHALL BE  PERFORMED  BY  AN  INDEPENDENT  CERTIFIED  PUBLIC
ACCOUNTANT.  THE  AUTHORITY SHALL ANNUALLY SUBMIT TO THE COUNTY LEGISLA-
TURE, TOWN BOARD, GOVERNOR AND THE COMPTROLLER AND TO THE CHAIRPERSON OF

S. 3932                            10

THE SENATE FINANCE COMMITTEE AND THE CHAIRPERSON OF  THE  ASSEMBLY  WAYS
AND  MEANS  COMMITTEE  A  DETAILED  REPORT PURSUANT TO THE PROVISIONS OF
SECTION TWENTY-EIGHT HUNDRED OF THIS CHAPTER, AND A COPY OF SUCH  REPORT
SHALL BE FILED WITH THE CLERK OF THE COUNTY LEGISLATURE AND THE CLERK OF
THE TOWN BOARD.
  S  2681-N.  DEFENSE  AND  INDEMNIFICATION.  1. THE AUTHORITY SHALL NOT
EXECUTE ANY OF ITS POWERS EXCEPT AS NECESSARY TO COMMENCE ITS  CORPORATE
EXISTENCE,  UNTIL  IT HAS ELECTED TO MAKE THE PROVISION OF SECTION EIGH-
TEEN OF THE PUBLIC OFFICERS LAW APPLICABLE TO  ITS  EMPLOYEES  (AS  SUCH
TERM IS DEFINED IN SECTION EIGHTEEN OF THE PUBLIC OFFICERS LAW) PURSUANT
TO  SUBDIVISION  TWO  OF  SUCH  SECTION; PROVIDED, HOWEVER, THAT NOTHING
CONTAINED WITHIN THIS SECTION SHALL BE DEEMED TO PERMIT THE AUTHORITY TO
EXTEND THE PROVISIONS OF SECTION EIGHTEEN OF  THE  PUBLIC  OFFICERS  LAW
UPON ANY INDEPENDENT CONTRACTOR.
  2.  NEITHER THE MEMBERS OF THE AUTHORITY, NOR THE COUNTY, THE TOWN, OR
ANY MUNICIPALITY, OFFICER OR EMPLOYEE ACTING ON THE AUTHORITY'S  BEHALF,
WHILE  ACTING  WITHIN  THE  SCOPE OF HIS, HER OR ITS AUTHORITY, SHALL BE
SUBJECT TO ANY PERSONAL LIABILITY RESULTING FROM THE CONSTRUCTION, MAIN-
TENANCE OR OPERATION OF ANY OF THE PROPERTIES OF THE AUTHORITY  OR  FROM
CARRYING  OUT ANY OF THE POWERS EXPRESSLY GIVEN IN THIS TITLE; PROVIDED,
HOWEVER, THAT THIS SHALL  NOT  BE  HELD  TO  APPLY  TO  ANY  INDEPENDENT
CONTRACTOR.
  S  2681-O.  ACTION BY OR AGAINST THE AUTHORITY. 1. EXCEPT IN AN ACTION
FOR WRONGFUL DEATH, NO ACTION OR SPECIAL PROCEEDING SHALL BE  PROSECUTED
OR  MAINTAINED AGAINST THE AUTHORITY, ITS MEMBERS, OFFICERS OR EMPLOYEES
FOR PERSONAL INJURY OR DAMAGE TO REAL OR PERSONAL  PROPERTY  ALLEGED  TO
HAVE BEEN SUSTAINED BY REASON OF THE NEGLIGENCE, TORT OR WRONGFUL ACT OF
THE  AUTHORITY  OR  OF  ANY  MEMBER, OFFICER, AGENT OR EMPLOYEE THEREOF,
UNLESS (A) NOTICE OF CLAIM SHALL HAVE BEEN  MADE  AND  SERVED  UPON  THE
AUTHORITY  WITHIN  THE  TIME LIMIT SET BY AND IN COMPLIANCE WITH SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW, (B) IT SHALL APPEAR BY AND  AS  AN
ALLEGATION  IN  THE COMPLAINT OR MOVING PAPERS THAT AT LEAST THIRTY DAYS
HAVE ELAPSED SINCE THE SERVICE OF SUCH NOTICE  AND  THAT  ADJUSTMENT  OR
PAYMENT  THEREOF  HAS  BEEN  NEGLECTED OR REFUSED, AND (C) THE ACTION OR
SPECIAL PROCEEDING SHALL BE COMMENCED WITHIN ONE YEAR  AND  NINETY  DAYS
AFTER  THE  HAPPENING  OF  THE  EVENT  UPON WHICH THE CLAIM IS BASED. AN
ACTION AGAINST THE AUTHORITY FOR WRONGFUL DEATH SHALL  BE  COMMENCED  IN
ACCORDANCE  WITH  THE  NOTICE OF CLAIM AND TIME LIMITATION PROVISIONS OF
TITLE ELEVEN OF ARTICLE NINE OF THIS CHAPTER.
  2. WHENEVER A NOTICE OF CLAIM IS SERVED UPON THE AUTHORITY,  IT  SHALL
HAVE  THE RIGHT TO DEMAND AN EXAMINATION OF THE CLAIMANT RELATIVE TO THE
OCCURRENCE AND EXTENT OF THE INJURIES OR  DAMAGES  FOR  WHICH  CLAIM  IS
MADE, IN ACCORDANCE WITH THE PROVISIONS OF SECTION FIFTY-H OF THE GENER-
AL MUNICIPAL LAW.
  3.  THE  AUTHORITY  SHALL HAVE POWER TO SETTLE OR ADJUST ALL CLAIMS IN
FAVOR OF OR AGAINST THE AUTHORITY.
  4. ANY ACTION OR PROCEEDING TO WHICH THE AUTHORITY OR  THE  PEOPLE  OF
THE STATE MAY BE PARTIES, IN WHICH ANY QUESTION ARISES AS TO THE VALIDI-
TY  OF  THIS  TITLE,  SHALL  BE PREFERRED OVER ALL OTHER CIVIL CAUSES OF
ACTION OR CASES, EXCEPT ELECTION CAUSES  OF  ACTION  OR  CASES,  IN  ALL
COURTS  OF  THE STATE AND SHALL BE HEARD AND DETERMINED IN PREFERENCE TO
ALL OTHER CIVIL BUSINESS PENDING THEREIN EXCEPT ELECTION  CAUSES,  IRRE-
SPECTIVE  OF  POSITION  ON  THE  CALENDAR.  THE SAME PREFERENCE SHALL BE
GRANTED UPON APPLICATION OF THE AUTHORITY OR ITS COUNSEL IN  ANY  ACTION
OR  PROCEEDING  QUESTIONING  THE  VALIDITY  OF  THIS  TITLE IN WHICH THE
AUTHORITY MAY BE ALLOWED TO INTERVENE. THE VENUE OF ANY SUCH  ACTION  OR

S. 3932                            11

PROCEEDING  SHALL BE LAID IN THE SUPREME COURT OF ANY OF THE PARTICIPAT-
ING COUNTIES.
  5.  THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY JUDGMENT
FOR WHICH IT IS LIABLE, SHALL BE THE RATE  PRESCRIBED  BY  SECTION  FIVE
THOUSAND FOUR OF THE CIVIL PRACTICE LAW AND RULES.
  6. ALL ACTIONS OR PROCEEDINGS AGAINST THE AUTHORITY OF WHATEVER NATURE
SHALL BE BROUGHT IN A SUPREME COURT IN THE COUNTY OR THE COUNTY OF SARA-
TOGA.
  S  2681-P. TRACK, BRIDGE, SIGNAL, STATION AND OTHER FACILITY OPERATION
AND MAINTENANCE. THE OPERATION, MAINTENANCE AND USE OF  TRACK,  BRIDGES,
SIGNALS, FREIGHT STATIONS, PASSENGER STATIONS AND OTHER FACILITIES SHALL
BE  PUBLIC PURPOSES OF THE AUTHORITY, THE COUNTY AND THE TOWN. THE TOTAL
COST TO THE AUTHORITY OF OPERATION, MAINTENANCE AND USE OF  EACH  TRACK,
BRIDGE,  SIGNAL,  FREIGHT  STATION, PASSENGER STATION AND OTHER FACILITY
WITHIN THE COUNTY OR THE COUNTY OF SARATOGA AND SERVICED BY ONE OR  MORE
RAILROAD  FACILITIES  OF  THE  AUTHORITY  OR CORPORATIONS, INCLUDING THE
BUILDINGS, APPURTENANCES, PLATFORMS, LANDS AND APPROACHES INCIDENTAL  OR
ADJACENT  THERETO,  SHALL BE BORNE BY THE AUTHORITY.  PROVIDED, THAT, NO
PROVISION OF THIS SECTION SHALL BE DEEMED TO PROHIBIT THE AUTHORITY FROM
DELEGATING OR ASSIGNING THE DUTIES ASSIGNED TO THE AUTHORITY PURSUANT TO
THIS SECTION AND THE COSTS THEREOF TO A THIRD PARTY OPERATOR  OR  COMMON
CARRIER  WHICH  IS  LICENSED, CLEARED OR OTHERWISE AUTHORIZED TO USE THE
TRACK, BRIDGE, SIGNAL, STATION AND/OR OTHER FACILITY OPERATED AND  MAIN-
TAINED PURSUANT TO THIS SECTION.
  S  2681-Q. STATE, COUNTY, TOWN AND MUNICIPALITIES NOT LIABLE FOR OBLI-
GATIONS OF THE AUTHORITY. 1. NEITHER THE STATE, THE  COUNTY,  THE  TOWN,
NOR  ANY MUNICIPALITY OR PUBLIC CORPORATION SHALL BE LIABLE ON ANY BOND,
NOTE OR OTHER OBLIGATION OF THE AUTHORITY,  AND  SUCH  BONDS,  NOTES  OR
OTHER OBLIGATIONS SHALL NOT BE DEBTS OF THE STATE, THE COUNTY, THE TOWN,
NOR  ANY  MUNICIPALITY  OR  PUBLIC CORPORATION, AND SUCH BONDS, NOTES OR
OTHER OBLIGATIONS SHALL CONTAIN A STATEMENT TO SUCH EFFECT.
  2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO OBLIGATE THE  STATE  IN
ANY WAY IN CONNECTION WITH THE OPERATIONS AND OBLIGATIONS OF THE AUTHOR-
ITY.
  S 2681-R. EFFECT OF INCONSISTENT PROVISIONS. INSOFAR AS THE PROVISIONS
OF  THIS  TITLE  ARE  INCONSISTENT WITH THE PROVISIONS OF ANY OTHER ACT,
GENERAL OR SPECIAL, OR OF A COUNTY CHARTER, ANY LOCAL LAW, ORDINANCE  OR
RESOLUTION  OF  A  MUNICIPALITY,  THE  PROVISIONS OF THIS TITLE SHALL BE
CONTROLLING. NOTHING CONTAINED IN THIS SECTION SHALL BE HELD TO  SUPPLE-
MENT OR OTHERWISE EXPAND THE POWERS OR DUTIES OF THE AUTHORITY OTHERWISE
SET FORTH IN THIS TITLE.
  S 2. The second undesignated paragraph of paragraph (d) of subdivision
4 of section 14-k of the transportation law, as amended by chapter 75 of
the laws of 2000, is amended to read as follows:
  The  commissioner  shall  request the project sponsors to furnish such
information in writing as may be necessary. For  the  purposes  of  this
section, the Chautauqua, Cattaraugus, Allegany and Steuben southern tier
extension  railroad  authority  shall  be an authorized project sponsor.
FURTHERMORE, FOR THE PURPOSES OF THIS SECTION, THE  CORINTH  AND  WARREN
RAILROAD AUTHORITY SHALL BE AN AUTHORIZED PROJECT SPONSOR.
  S 3. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of  all  further  judicial  review,  the
judgment  shall  not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-

S. 3932                            12

graph,  section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
  S 4. This act shall take effect immediately.