§ 23-a. Authority of political subdivisions to provide facilities and
materials essential to public safety. Each political subdivision of the
state, the board of higher education in the city of New York, and, with
respect to property located in the state of New York, the port of New
York authority and the waterfront commission of New York harbor, shall
have power:

a. To acquire, construct, install and maintain shelters, including
fallout shelters, and other civil defense facilities and to acquire,
store and maintain materials, such shelters, facilities and materials
being for the protection, safety and health of students, faculty,
administrative staff, employees and the public at large during and
subsequent to attack, provided

i. such acquisition, construction, installation, maintenance and
storage is not inconsistent with the plan, regulations or orders of the
commission or with the applicable local plan promulgated pursuant to
subdivision one of section twenty-three of this act; and

ii. such acquisition, construction, installation, maintenance and
storage is effected by contract, let in the manner provided by law, by
employees of such political subdivision, board, authority or commission,
by agreement for the effectuation thereof by the owner of the building,
structure or real property to be used in connection therewith or in any
manner authorized by other provisions of law.

b. To utilize any publicly owned building, structure, real property or
personal property in connection with such acquisition, construction,
installation, maintenance and storage with the approval of the
appropriate officer or agency having control thereof, subject to such
terms and conditions as may be agreed to by such officer or agency.

c. To acquire in connection with such acquisition, construction,
installation, maintenance and storage any real or personal property, or
any interest therein, or the right to use the same for a temporary
period by purchase, lease or other agreement with the owner thereof or
by authorization to use without consideration. Nothing contained in this
section shall limit the power of such political subdivision, board,
authority or commission to condemn or otherwise acquire real or personal
property for such purposes under other provisions of law.