Legislation
SECTION 2799-TT
Additional bonds of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 33
§ 2799-tt. Additional bonds of the authority. 1. Notwithstanding any
provision of this title or of any other law to the contrary, the
authority is hereby authorized to issue bonds, notes or other
obligations in addition to those authorized by sections twenty-seven
hundred ninety-nine-gg and twenty-seven hundred ninety-nine-ss of this
title in an amount outstanding of up to nine billion four hundred
million dollars for purposes of (i) funding costs of such educational
facilities capital plan, the five-year educational facilities capital
plan approved in accordance with section twenty-five hundred ninety-p of
the education law and (ii) refunding bonds, notes or other obligations
issued to pay such costs, and for payment of all other costs and
expenses relating to bonds, notes or other obligations described in
clause (i) or (ii) of this subdivision or incurred pursuant to
agreements relating to such bonds, notes or other obligations, including
without limitation, capitalized interest, the funding of reserves and
costs of issuance. The city, acting through the mayor, may assign all or
any portion of the state aid payable to the city of New York or the
school district of the city of New York pursuant to subdivision six of
section thirty-six hundred two of the education law of the state (or
pursuant to any successor provision of state law) to the authority and,
after such assignment, such aid and the right to receive such aid shall
be the property of the authority. Bonds issued pursuant to this section
shall have a maximum maturity of up to thirty years.
2. Following notice from the city of New York to the director of the
state division of the budget and the state comptroller of such
assignment, such payment shall be made by the state comptroller directly
to the city's assignee; provided that such payment shall be subject and
subordinate to payment of such aid to the municipal bond bank agency
pursuant to section twenty-four hundred thirty-six of this article, the
educational construction fund pursuant to section four hundred sixty-two
of the education law, and the paying agent for bonds and notes in
default pursuant to section ninety-nine-b of the state finance law.
3. Notwithstanding any inconsistent provision of law, amounts applied
pursuant to this section to fund the five-year educational facilities
capital plan and related costs, and amounts applied to pay debt service
on bonds, notes or other obligations described in clause (i) or (ii) of
subdivision one of this section (together with all other costs and
expenses referred to in such subdivision) shall be deemed to be paid
from revenues of the city of New York for the purpose of any computation
of federal or state aid.
4. The pledge and agreement of the state contained in section
twenty-seven hundred ninety-nine-ii of this title shall be fully
applicable to bonds, notes or other obligations issued pursuant to this
section, and may be included in any agreement with the holders of such
bonds, notes or other obligations. Nothing contained in this section
shall be deemed to restrict the right of the state to amend, modify,
repeal or otherwise alter statutes relating to the state aid subject to
such assignment, but such state aid shall in all events (i) continue to
be so payable, as assigned, so long as any such state aid is paid and
(ii) continue to be calculated in accordance with the same formula used
for such calculation, and otherwise on the same basis as such aid is
calculated, on the date that the applicable project is approved for
reimbursement.
provision of this title or of any other law to the contrary, the
authority is hereby authorized to issue bonds, notes or other
obligations in addition to those authorized by sections twenty-seven
hundred ninety-nine-gg and twenty-seven hundred ninety-nine-ss of this
title in an amount outstanding of up to nine billion four hundred
million dollars for purposes of (i) funding costs of such educational
facilities capital plan, the five-year educational facilities capital
plan approved in accordance with section twenty-five hundred ninety-p of
the education law and (ii) refunding bonds, notes or other obligations
issued to pay such costs, and for payment of all other costs and
expenses relating to bonds, notes or other obligations described in
clause (i) or (ii) of this subdivision or incurred pursuant to
agreements relating to such bonds, notes or other obligations, including
without limitation, capitalized interest, the funding of reserves and
costs of issuance. The city, acting through the mayor, may assign all or
any portion of the state aid payable to the city of New York or the
school district of the city of New York pursuant to subdivision six of
section thirty-six hundred two of the education law of the state (or
pursuant to any successor provision of state law) to the authority and,
after such assignment, such aid and the right to receive such aid shall
be the property of the authority. Bonds issued pursuant to this section
shall have a maximum maturity of up to thirty years.
2. Following notice from the city of New York to the director of the
state division of the budget and the state comptroller of such
assignment, such payment shall be made by the state comptroller directly
to the city's assignee; provided that such payment shall be subject and
subordinate to payment of such aid to the municipal bond bank agency
pursuant to section twenty-four hundred thirty-six of this article, the
educational construction fund pursuant to section four hundred sixty-two
of the education law, and the paying agent for bonds and notes in
default pursuant to section ninety-nine-b of the state finance law.
3. Notwithstanding any inconsistent provision of law, amounts applied
pursuant to this section to fund the five-year educational facilities
capital plan and related costs, and amounts applied to pay debt service
on bonds, notes or other obligations described in clause (i) or (ii) of
subdivision one of this section (together with all other costs and
expenses referred to in such subdivision) shall be deemed to be paid
from revenues of the city of New York for the purpose of any computation
of federal or state aid.
4. The pledge and agreement of the state contained in section
twenty-seven hundred ninety-nine-ii of this title shall be fully
applicable to bonds, notes or other obligations issued pursuant to this
section, and may be included in any agreement with the holders of such
bonds, notes or other obligations. Nothing contained in this section
shall be deemed to restrict the right of the state to amend, modify,
repeal or otherwise alter statutes relating to the state aid subject to
such assignment, but such state aid shall in all events (i) continue to
be so payable, as assigned, so long as any such state aid is paid and
(ii) continue to be calculated in accordance with the same formula used
for such calculation, and otherwise on the same basis as such aid is
calculated, on the date that the applicable project is approved for
reimbursement.