Legislation
SECTION 384
Additional powers of the authority to undertake and finance certain transportation projects
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 2, TITLE 9
§ 384. Additional powers of the authority to undertake and finance
certain transportation projects. 1. (a) The authority is hereby
authorized and directed, as an additional corporate purpose thereof, to
enter into contracts or agreements with any private person or
corporation or with the state or local governments or with other public
corporations to finance, construct, reconstruct, improve or develop the
following transportation projects subject to the limitations prescribed
by this section: (i) the projects, or portions thereof, known as the
inner harbor project and the intermodal transportation project located
in Onondaga county, including but not limited to, the consolidation of
the Syracuse canal terminal and the planning, design and construction of
an intermodal transportation facility, provided, however, that prior to
proceeding with the inner harbor project, the authority and the city of
Syracuse shall enter into a memorandum of understanding regarding the
undertaking of such project; (ii) the project, or portions thereof,
known as the horizons waterfront development project generally located
in and around Erie county, and the New York state canal system generally
located along the Erie canal in Erie and Niagara counties; and (iii) the
project, or portions thereof, known as the Stewart airport access
project located in Orange county to provide direct access to Stewart
international airport from interstate eighty-four in the vicinity of the
airport. Notwithstanding the provisions of article VI-A and section one
hundred thirty-eight-c of the canal law and paragraph (m) of subdivision
seven of section three hundred eighty-two of this chapter, the New York
state thruway authority, or the subsidiary corporation thereof, is
authorized to enter into an agreement with the city of Syracuse for the
leasing of the land comprising the inner harbor project in Onondaga
county. Any projects for the construction, reconstruction or improvement
of property or structures undertaken pursuant to this section shall be
in full compliance with title thirteen of article twenty-seven of the
environmental conservation law and shall be deemed public works for the
purposes of section two hundred twenty of the labor law and section one
hundred three of the general municipal law, except that any contracts
let by the authority for the construction, reconstruction or improvement
of such projects shall be subject to section three hundred fifty-nine of
this title. For the purposes of article fifteen-A of the executive law
only, the authority shall be deemed a state agency as that term is used
in such article and its contracts for such projects as provided in this
article shall be deemed state contracts within the meaning set forth in
such article.
(b) The authority is hereby authorized, as an additional corporate
purpose thereof, to issue its bonds, notes and other obligations in
conformity with applicable provisions of the uniform commercial code in
a principal amount necessary to achieve purposes enumerated in paragraph
(a) of this subdivision, including a principal amount necessary to
provide capitalized interest for a period not to exceed six months
subject to the limitations in subdivision three of this section. In
computing the total principal amount of bonds, notes and other
obligations that may at any time be issued for any purpose under this
section, the amount of the outstanding bonds or notes that constitutes
interest under the United States internal revenue code of nineteen
hundred eighty-six, as amended to the effective date of this section,
shall be excluded.
2. All of the provisions of this title, which are not inconsistent
with the provisions of this section, shall apply to the projects and
obligations authorized by this section, including but not limited to the
power to issue renewal notes or refunding bonds.
3. The authority shall make available a total amount of moneys not
exceeding fifty million dollars, exclusive of federal funds and any
state and local moneys which may be available, for capital purposes and
for the other purposes enumerated in this section. The fifty million
dollar amount shall be distributed as follows: (a) (i) an amount not to
exceed fifteen million dollars shall be made available for the project,
or portions thereof, known as the inner harbor project located in
Onondaga county including, but not limited to, dredging of inner harbor,
reconstruction of harbor piers including but not limited to site
preparation, utility lines, and hard edging of the pier, marina
development including the establishment of dock space, parking, hoists,
and lifts, shoreline and west side harbor landscaping, gateway and
finger park development, southern pier freighthouse rehabilitation, and
the reconstruction of Solars Boulevard including design and
construction, excavation, curbing, lighting and paving and
infrastructure projects related thereto; (ii) an amount not to exceed
five million dollars shall be made available for the project, or
portions thereof, known as the intermodal transportation facility
located in Onondaga county and infrastructure projects related thereto;
(b) an amount not to exceed fifteen million dollars shall be made
available for improvements related to the Buffalo inner harbor component
of the horizons waterfront development project, or portions thereof,
generally located in and around Erie county, and the New York state
canal system generally located along the Erie canal in Erie and Niagara
counties. The horizons waterfront development project improvements shall
include the inner harbor project generally located in the city of
Buffalo in the vicinity of the foot of Main street on the Buffalo river
and may include, but not be limited to, the development of an
automobile, bus, rail, water taxi, cycling, and pedestrian intermodal
transportation hub and the waterfront area which will be serviced,
including but not limited to design, environmental studies, real estate
acquisition, construction, reconstruction, construction inspection,
landscaping, excavation and dredging, enhancement related improvements
and infrastructure improvements related thereto. The improvements to the
New York state canal system may include but not be limited to
construction, reconstruction, and development, terminal wall
rehabilitation, transient docking, boater services, landscaping, and
signage in the city of Tonawanda and the city of North Tonawanda; and
(c) an amount not to exceed fifteen million dollars shall be made
available for the project, or portions thereof, known as the Stewart
airport access project located in Orange county to provide direct access
to Stewart international airport from interstate eighty-four in the
vicinity of the airport.
certain transportation projects. 1. (a) The authority is hereby
authorized and directed, as an additional corporate purpose thereof, to
enter into contracts or agreements with any private person or
corporation or with the state or local governments or with other public
corporations to finance, construct, reconstruct, improve or develop the
following transportation projects subject to the limitations prescribed
by this section: (i) the projects, or portions thereof, known as the
inner harbor project and the intermodal transportation project located
in Onondaga county, including but not limited to, the consolidation of
the Syracuse canal terminal and the planning, design and construction of
an intermodal transportation facility, provided, however, that prior to
proceeding with the inner harbor project, the authority and the city of
Syracuse shall enter into a memorandum of understanding regarding the
undertaking of such project; (ii) the project, or portions thereof,
known as the horizons waterfront development project generally located
in and around Erie county, and the New York state canal system generally
located along the Erie canal in Erie and Niagara counties; and (iii) the
project, or portions thereof, known as the Stewart airport access
project located in Orange county to provide direct access to Stewart
international airport from interstate eighty-four in the vicinity of the
airport. Notwithstanding the provisions of article VI-A and section one
hundred thirty-eight-c of the canal law and paragraph (m) of subdivision
seven of section three hundred eighty-two of this chapter, the New York
state thruway authority, or the subsidiary corporation thereof, is
authorized to enter into an agreement with the city of Syracuse for the
leasing of the land comprising the inner harbor project in Onondaga
county. Any projects for the construction, reconstruction or improvement
of property or structures undertaken pursuant to this section shall be
in full compliance with title thirteen of article twenty-seven of the
environmental conservation law and shall be deemed public works for the
purposes of section two hundred twenty of the labor law and section one
hundred three of the general municipal law, except that any contracts
let by the authority for the construction, reconstruction or improvement
of such projects shall be subject to section three hundred fifty-nine of
this title. For the purposes of article fifteen-A of the executive law
only, the authority shall be deemed a state agency as that term is used
in such article and its contracts for such projects as provided in this
article shall be deemed state contracts within the meaning set forth in
such article.
(b) The authority is hereby authorized, as an additional corporate
purpose thereof, to issue its bonds, notes and other obligations in
conformity with applicable provisions of the uniform commercial code in
a principal amount necessary to achieve purposes enumerated in paragraph
(a) of this subdivision, including a principal amount necessary to
provide capitalized interest for a period not to exceed six months
subject to the limitations in subdivision three of this section. In
computing the total principal amount of bonds, notes and other
obligations that may at any time be issued for any purpose under this
section, the amount of the outstanding bonds or notes that constitutes
interest under the United States internal revenue code of nineteen
hundred eighty-six, as amended to the effective date of this section,
shall be excluded.
2. All of the provisions of this title, which are not inconsistent
with the provisions of this section, shall apply to the projects and
obligations authorized by this section, including but not limited to the
power to issue renewal notes or refunding bonds.
3. The authority shall make available a total amount of moneys not
exceeding fifty million dollars, exclusive of federal funds and any
state and local moneys which may be available, for capital purposes and
for the other purposes enumerated in this section. The fifty million
dollar amount shall be distributed as follows: (a) (i) an amount not to
exceed fifteen million dollars shall be made available for the project,
or portions thereof, known as the inner harbor project located in
Onondaga county including, but not limited to, dredging of inner harbor,
reconstruction of harbor piers including but not limited to site
preparation, utility lines, and hard edging of the pier, marina
development including the establishment of dock space, parking, hoists,
and lifts, shoreline and west side harbor landscaping, gateway and
finger park development, southern pier freighthouse rehabilitation, and
the reconstruction of Solars Boulevard including design and
construction, excavation, curbing, lighting and paving and
infrastructure projects related thereto; (ii) an amount not to exceed
five million dollars shall be made available for the project, or
portions thereof, known as the intermodal transportation facility
located in Onondaga county and infrastructure projects related thereto;
(b) an amount not to exceed fifteen million dollars shall be made
available for improvements related to the Buffalo inner harbor component
of the horizons waterfront development project, or portions thereof,
generally located in and around Erie county, and the New York state
canal system generally located along the Erie canal in Erie and Niagara
counties. The horizons waterfront development project improvements shall
include the inner harbor project generally located in the city of
Buffalo in the vicinity of the foot of Main street on the Buffalo river
and may include, but not be limited to, the development of an
automobile, bus, rail, water taxi, cycling, and pedestrian intermodal
transportation hub and the waterfront area which will be serviced,
including but not limited to design, environmental studies, real estate
acquisition, construction, reconstruction, construction inspection,
landscaping, excavation and dredging, enhancement related improvements
and infrastructure improvements related thereto. The improvements to the
New York state canal system may include but not be limited to
construction, reconstruction, and development, terminal wall
rehabilitation, transient docking, boater services, landscaping, and
signage in the city of Tonawanda and the city of North Tonawanda; and
(c) an amount not to exceed fifteen million dollars shall be made
available for the project, or portions thereof, known as the Stewart
airport access project located in Orange county to provide direct access
to Stewart international airport from interstate eighty-four in the
vicinity of the airport.