Legislation
SECTION 2041-E
Governmental capacity of the authority and municipalities
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 13-AA
§ 2041-e. Governmental capacity of the authority and municipalities.
The authority, participating counties and other municipalities within
the area of operation, in carrying out their respective powers and
duties under this title, shall be deemed to be acting in a governmental
capacity. The construction, operation and maintenance of any project
financed in whole or in part by the authority, shall be deemed to be the
performance of an essential government function by the authority acting
in its governmental capacity, whether such project shall be owned or
operated by the authority or by any person or other public corporation.
The authority, participating counties and other municipalities within
the area of operation, in carrying out their respective powers and
duties under this title, shall be deemed to be acting in a governmental
capacity. The construction, operation and maintenance of any project
financed in whole or in part by the authority, shall be deemed to be the
performance of an essential government function by the authority acting
in its governmental capacity, whether such project shall be owned or
operated by the authority or by any person or other public corporation.