Legislation
SECTION 2799-HHH
Special powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 34
§ 2799-hhh. 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
provided in this section.
2. The authority may, 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 with the federal government, any state or
agency or instrumentality thereof, or 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.
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 for
the use and operation of any real property, aviation facilities,
pollution control facilities, facility and related services operated or
managed by the authority or under contract, 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:
(a) 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 city and the authority, the
principal of and interest on any general obligation bonds, notes or
other evidence of indebtedness of the city issued for or allocable to
any project of the authority as the same shall become due and payable
and any reserves therefor;
(b) the cost of administering, maintaining, repairing and operating
any project of the authority;
(c) the cost of constructing capital improvements thereto pursuant to
any agreement between the city and the authority;
(d) any liabilities incurred for or allocable to any project of the
authority including any liabilities of the city assumed by the authority
pursuant to any agreement between the city and the authority, as the
same become due and payable;
(e) 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;
(f) all other reasonable and necessary expenses of the authority; and
(g) 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, local ordinance, local rule or local
regulation, such rule or regulation of the authority shall prevail.
Nothing in this section shall be construed to exempt the authority from
any state law, rule or regulation.
5. The authority may 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 city, shall have jurisdiction over any
facilities of the authority or any of its activities or operations. The
city may provide for such facilities' police and fire 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 city 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 city 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 and on the authority
website. 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 and posted on the authority website.
8. The authority may acquire, hold, own, lease, establish, construct,
effectuate, operate, maintain, renovate, improve, extend or repair any
of its facilities through, and cause any one or more of its powers,
duties, functions or activities to be exercised or performed by, no more
than two wholly owned subsidiary corporations of the authority for the
purposes of operating parking and concessions including food, beverage,
and retail services, and airline and aircraft services including
ticketing, baggage and fueling services and other services for the
operation of the airport. The authority may transfer to or from any such
corporation, or between such corporations, any moneys, real property or
other property or the services of any officers, employees or consultants
for any of the purposes of this title. The directors or members of each
such subsidiary corporation shall be the same persons holding the
offices of members of the authority. Each such subsidiary corporation
and any of its property, functions and activities shall have all of the
privileges, immunities, tax exemptions and other exemptions of the
authority and of the authority's property, functions and activities.
Each such subsidiary corporation shall be subject to the restrictions
and limitations to which the authority may be subject. Each such
subsidiary corporation shall be subject to suit in accordance with
section twenty-seven hundred ninety-nine-www of this title. The
employees of any such subsidiary corporation, except those who are also
employees of the authority, shall not be deemed employees of the
authority.
the purpose of this title:
1. The authority may enter into any joint service arrangements as
provided in this section.
2. The authority may, 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 with the federal government, any state or
agency or instrumentality thereof, or 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.
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 for
the use and operation of any real property, aviation facilities,
pollution control facilities, facility and related services operated or
managed by the authority or under contract, 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:
(a) 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 city and the authority, the
principal of and interest on any general obligation bonds, notes or
other evidence of indebtedness of the city issued for or allocable to
any project of the authority as the same shall become due and payable
and any reserves therefor;
(b) the cost of administering, maintaining, repairing and operating
any project of the authority;
(c) the cost of constructing capital improvements thereto pursuant to
any agreement between the city and the authority;
(d) any liabilities incurred for or allocable to any project of the
authority including any liabilities of the city assumed by the authority
pursuant to any agreement between the city and the authority, as the
same become due and payable;
(e) 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;
(f) all other reasonable and necessary expenses of the authority; and
(g) 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, local ordinance, local rule or local
regulation, such rule or regulation of the authority shall prevail.
Nothing in this section shall be construed to exempt the authority from
any state law, rule or regulation.
5. The authority may 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 city, shall have jurisdiction over any
facilities of the authority or any of its activities or operations. The
city may provide for such facilities' police and fire 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 city 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 city 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 and on the authority
website. 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 and posted on the authority website.
8. The authority may acquire, hold, own, lease, establish, construct,
effectuate, operate, maintain, renovate, improve, extend or repair any
of its facilities through, and cause any one or more of its powers,
duties, functions or activities to be exercised or performed by, no more
than two wholly owned subsidiary corporations of the authority for the
purposes of operating parking and concessions including food, beverage,
and retail services, and airline and aircraft services including
ticketing, baggage and fueling services and other services for the
operation of the airport. The authority may transfer to or from any such
corporation, or between such corporations, any moneys, real property or
other property or the services of any officers, employees or consultants
for any of the purposes of this title. The directors or members of each
such subsidiary corporation shall be the same persons holding the
offices of members of the authority. Each such subsidiary corporation
and any of its property, functions and activities shall have all of the
privileges, immunities, tax exemptions and other exemptions of the
authority and of the authority's property, functions and activities.
Each such subsidiary corporation shall be subject to the restrictions
and limitations to which the authority may be subject. Each such
subsidiary corporation shall be subject to suit in accordance with
section twenty-seven hundred ninety-nine-www of this title. The
employees of any such subsidiary corporation, except those who are also
employees of the authority, shall not be deemed employees of the
authority.