Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 2757
Special powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 31
§ 2757. Special powers of the authority. In order to effectuate the
purpose of this title:

1. The authority may enter into any joint service arrangements as
hereinafter provided.

2. The authority may, on such terms and conditions as the authority
may determine necessary, convenient or desirable, establish, construct,
effectuate, operate, manage, maintain, renovate, improve, extend or
repair any aviation facilities or pollution control facilities, or may
provide for such establishment, construction, effectuation, operation,
management, maintenance, renovation, improvement, extension or repair by
contract, lease, or other arrangement on such terms as the authority may
deem necessary, convenient or desirable with the federal government, any
state or agency or instrumentality thereof, any person or public
corporation. In connection with the operation of any such facilities,
the authority may establish, construct, effectuate, operate, manage,
maintain, renovate, improve, extend or repair or may provide by
contract, lease or other arrangement for the establishment,
construction, effectuation, operation, management, maintenance,
renovation, improvement, extension or repair of any related services and
activities it deems necessary, convenient or desirable.

3. The authority may establish, fix, revise, levy and collect or cause
to be established, fixed, revised, levied and collected and, in the case
of a joint service arrangement, join with others in the establishment,
fixing, revision, levy and collection of such fares, rentals, rates,
charges, landing and field use fees, concession fees and other fees as
it may deem necessary, convenient or desirable for the use and operation
of any aviation facilities, and related services operated or managed by
the authority or under contract, pollution control facilities, lease or
other arrangement, including joint service arrangements, with the
authority. Such fares, rentals, rates, charges, landing and field use
fees, concession fees or other fees shall be at least sufficient at all
times in the judgment of the authority to establish and maintain the
combined operations of the authority on a self-sustaining basis. Such
operations shall be deemed to be on a self-sustaining basis as required
by this title, when the authority is able to pay or fund or cause to be
paid or funded from revenues and any other funds actually available to
the authority (i) the principal of, premium, if any, and the interest on
the outstanding bonds of the authority as the same shall become due and
payable and any capital or debt service reserve therefor and, to the
extent required by any agreement between the county and the authority,
the principal of and interest on any general obligation bonds, notes or
other evidence of indebtedness of the county issued for or allocable to
any project of the authority as the same shall become due and payable
and any reserves therefor, (ii) the cost of administering, maintaining,
repairing and operating any project of the authority, (iii) the cost of
constructing capital improvements thereto pursuant to any agreement
between the county and the authority, (iv) any liabilities incurred for
or allocable to any project of the authority including any liabilities
of the county assumed by the authority pursuant to any agreement between
the county and the authority, as the same become due and payable, (v)
any requirements of any agreement including those relating to the
establishment of reserves for renewal and replacement and for
uncollected fares, rentals, rates, charges and fees and covenants
respecting rates and debt service and earnings coverage ratios, (vi) all
other reasonable and necessary expenses of the authority, and (vii) the
cost of such additional projects as may be now or hereafter authorized
by law and agreed to by 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
including but not limited to rules and regulations governing the
conduct, safety and security of the public as it may deem necessary,
convenient or desirable for the use, operation and management of any
project and related services operated or managed by the authority or
under contract, lease or other arrangement, including joint service
arrangements, with the authority. Such rules and regulations governing
the conduct, safety and security of the public shall be filed with the
department of state in the manner provided by section one hundred two of
the executive law. In the case of any conflict between any such rule or
regulation of the authority governing the conduct, safety and security
of the public and any local law, ordinance, rule or regulation, such
rule or regulation of the authority shall prevail.

5. The authority may do all things it deems necessary, convenient or
desirable to manage, control and direct the maintenance and operation of
aviation facilities, equipment or property operated by or under
contract, lease or other arrangement with the authority. Except as
agreed to pursuant to any agreement between the authority and any public
corporation and except as hereinafter specially provided, no
municipality except for the county, shall have jurisdiction over any
facilities of the authority or any of its activities or operations. The
county shall provide for such facilities police, fire and health
protection services.

6. The authority may accept unconditional grants of money or property
from any municipality the whole or any part of which municipality shall
be served or to be served by an aviation facility operated by the
authority. Such grants of money or property would be for the purpose of
assisting the authority in meeting its capital or operating expenses.
The acceptance of any such grant shall not operate to make the authority
an agency of the municipality making the grant.

7. In any instance where the county is required by law, with respect
to an airport or any aviation facilities, to conduct a public hearing in
connection with a contract, lease, joint service arrangement, charge,
fare, rental or fee, the authority shall not enter into such contract,
lease, joint service arrangement, or establish, fix, revise or levy any
charge, fare, rental, landing and field use fee, concession fee or other
fee unless and until the authority has held a public hearing at which
interested persons have had an opportunity to be heard concerning the
same, provided however, if the county has conducted a public hearing in
connection with such contract, lease, joint service arrangement, charge,
fare, rental or fee, the authority shall not be required to hold a
public hearing. Notice of such public hearing shall be published by the
authority at least ten days before the date set therefor, in at least
one newspaper of general circulation in the county. Such notice shall
set forth the date, time and place of such hearing and shall include a
brief description of the matters to be considered at such meeting. At
all such hearings, any interested persons shall have an opportunity to
be heard concerning the matters under consideration. Any decision of the
authority on matters considered at such public hearing shall be in
writing and be made available in the office of the authority for public
inspection during regular office hours.