Legislation
SECTION 528
Powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 3, TITLE 2
§ 528. Powers of the authority. The authority shall have power
1. To acquire, hold and dispose of personal property for its corporate
purposes;
1-a. To hold in the name of the state any real property acquired for
its corporate purposes and, with the approval of the commissioner, to
sell, lease, exchange, or otherwise dispose of any real property or
rights or easements therein, heretofore or hereafter acquired pursuant
to the "state bridge authority act", determined by it to be not
necessary for its corporate purposes, and shall accept ownership of the
walkway over the Hudson bridge in the name of the state, and acquire
such incidental roads, approaches, structures and facilities as may be
necessary.
1-b. To accept from any person gifts of money or property for its
corporate purposes.
2. To make by-laws for the management and regulation of its affairs;
3. With the consent of the commissioner to use the agents, employees
and facilities of the department, paying its proper proportion of the
compensation and expenses of such agents and employees and of the cost
of such facilities;
4. To appoint officers, agents and employees and fix their
compensation; subject, however, to the provisions of the civil service
law, which shall apply to the authority as a municipal corporation other
than a city;
5. To make contracts, and to execute all instruments necessary or
convenient;
6. To conduct a study regarding traffic congestion and capacity needs
in and around the Franklin Delano Roosevelt Mid-Hudson bridge and to
make recommendations concerning reasonable alternatives designed to
alleviate any known capacity deficiencies in and around such bridge.
Such study shall include, but is not limited to an investigation to
determine whether it is in the public interest to construct a new bridge
over the Hudson river at or near the city of Poughkeepsie and in
connection therewith to contract with engineers, surveyors, contractors
and others for environmental review, preliminary plans, borings, surveys
and estimates of cost, and if the authority by resolution, and the
commissioner in writing filed with the authority, shall determine that
the construction of such bridge is in the public interest, to construct
such bridge at a location approved by the commissioner, on lands of the
state of New York or lands to be acquired in the name of the state of
New York as hereinafter provided, together with incidental roads,
approaches, structures and facilities, subject to such consents and
approval of federal authorities in any case as may be necessary.
7. To maintain, reconstruct, and operate the bridges so long as its
corporate existence shall continue;
8. To charge tolls for the use of the bridges, with the exception of
the walkway over the Hudson bridge, subject to and in accordance with
such agreements with bondholders and noteholders as may be made as
hereinafter provided, except, however, that subject to such agreements
the rates of tolls charged on the Franklin Delano Roosevelt Mid-Hudson
bridge, the Kingston Rhinecliff bridge, the Bear Mountain bridge, the
Rip Van Winkle bridge, and the Hamilton Fish Newburgh-Beacon bridge
shall be the same.
9. To construct and maintain over, or along the bridges, or either of
them, telephone, telegraph or electric wires and cables, gas mains,
water mains, and other mechanical equipment not inconsistent with the
use of the bridges for vehicular traffic, to contract for such
construction and to lease the right to construct and/or use the same on
such terms and for such considerations as it shall determine, provided,
however, that no lease shall be made for a period of more than ten years
from the date when it is made;
10. To construct and maintain facilities for the public, not
inconsistent with the appropriate use of the bridges, to contract for
such construction, and to lease the right to construct and/or use such
facilities on such terms and for such considerations as it shall
determine, provided, however, that no lease shall be made for a period
of more than ten years from the date when it is made;
10-a. Subject to the approval of the commissioner, to construct,
reconstruct and improve highway connections to any of the bridges; the
construction to be under the supervision and control of the commissioner
as agent of the authority. Upon completion thereof, jurisdiction of such
connections to be transferred by the authority to the commissioner who
shall thereafter maintain such connections in the same manner as other
highways maintained by the state;
10-b. To contribute and pay over such amount as the authority shall
determine to any city for such city's share of the cost, including
damages and expenses, to be borne by or charged against such city for
the acquisition of real property acquired by the state within such city
for state highways connecting with any of the bridges and approaches
situated within a radius of one mile from the nearest bridge abutment.
11. To issue negotiable bonds and notes and to provide for the rights
of the holders thereof;
12. To enter on any lands, waters and premises for the purpose of
making surveys, soundings and examinations;
13. To advertise the facilities and advantages of the bridges;
14. To appoint or designate one or more persons for the purpose of
enforcing law, order and the observance of the rules and regulations
established by the authority. Each person as and when so appointed or
designated may, during the term of such appointment or designation be
uniformed and shall be known as a "New York state bridge authority
patrolman" and shall be a police officer as defined by paragraph (e) of
subdivision thirty-four of section 1.20 of the criminal procedure law
and shall have, within the limits of the cities, towns and villages
within which any part of a bridge, or any ferry property, operated by
the authority shall be located, all the powers of a constable, marshal,
police constable or police officer of a city, town or village in the
execution of criminal processes; and criminal process issued by any
court or magistrate of a county, town, city or village within which any
part of a bridge or any ferry property operated by the authority shall
be located, may be directed to and executed by any such patrolman
notwithstanding the provisions of any local or special act, ordinance or
regulation.
15. To do all things necessary or convenient to carry out the powers
expressly given in this title.
16. To accept grants, loans or contributions from the United States of
America, the state of New York, or any agency or instrumentality of
either of them and, subject to any agreement with bondholders or
noteholders, to enter into contracts and to execute all instruments
necessary or convenient or desirable in connection therewith, including,
its bonds, notes or other obligation evidencing any such loan from the
United States of America, the state of New York or any agency or
instrumentality of either of them.
17. To enter into a lease or operating agreement, for a period not to
exceed ninety-nine years, with the office of parks, recreation and
historic preservation for all or a portion of the walkway over the
Hudson bridge for the purpose of a state park. Such agreement may assign
or allocate responsibility for the construction, operation, maintenance,
replacement and management of the deck and approaches and structures
providing public access to the state park, but the authority shall
retain responsibility for maintaining the superstructure of the walkway
over the Hudson bridge. The office of parks, recreation and historic
preservation is authorized to enter into such agreement, which may
include the installation and maintenance by the office of parks,
recreation and historic preservation of any personal property and
equipment used in connection therewith. The office of parks, recreation
and historic preservation shall propose in its annual budget an amount
for all costs and obligations under such agreement and these costs may
be supplemented by private donations.
1. To acquire, hold and dispose of personal property for its corporate
purposes;
1-a. To hold in the name of the state any real property acquired for
its corporate purposes and, with the approval of the commissioner, to
sell, lease, exchange, or otherwise dispose of any real property or
rights or easements therein, heretofore or hereafter acquired pursuant
to the "state bridge authority act", determined by it to be not
necessary for its corporate purposes, and shall accept ownership of the
walkway over the Hudson bridge in the name of the state, and acquire
such incidental roads, approaches, structures and facilities as may be
necessary.
1-b. To accept from any person gifts of money or property for its
corporate purposes.
2. To make by-laws for the management and regulation of its affairs;
3. With the consent of the commissioner to use the agents, employees
and facilities of the department, paying its proper proportion of the
compensation and expenses of such agents and employees and of the cost
of such facilities;
4. To appoint officers, agents and employees and fix their
compensation; subject, however, to the provisions of the civil service
law, which shall apply to the authority as a municipal corporation other
than a city;
5. To make contracts, and to execute all instruments necessary or
convenient;
6. To conduct a study regarding traffic congestion and capacity needs
in and around the Franklin Delano Roosevelt Mid-Hudson bridge and to
make recommendations concerning reasonable alternatives designed to
alleviate any known capacity deficiencies in and around such bridge.
Such study shall include, but is not limited to an investigation to
determine whether it is in the public interest to construct a new bridge
over the Hudson river at or near the city of Poughkeepsie and in
connection therewith to contract with engineers, surveyors, contractors
and others for environmental review, preliminary plans, borings, surveys
and estimates of cost, and if the authority by resolution, and the
commissioner in writing filed with the authority, shall determine that
the construction of such bridge is in the public interest, to construct
such bridge at a location approved by the commissioner, on lands of the
state of New York or lands to be acquired in the name of the state of
New York as hereinafter provided, together with incidental roads,
approaches, structures and facilities, subject to such consents and
approval of federal authorities in any case as may be necessary.
7. To maintain, reconstruct, and operate the bridges so long as its
corporate existence shall continue;
8. To charge tolls for the use of the bridges, with the exception of
the walkway over the Hudson bridge, subject to and in accordance with
such agreements with bondholders and noteholders as may be made as
hereinafter provided, except, however, that subject to such agreements
the rates of tolls charged on the Franklin Delano Roosevelt Mid-Hudson
bridge, the Kingston Rhinecliff bridge, the Bear Mountain bridge, the
Rip Van Winkle bridge, and the Hamilton Fish Newburgh-Beacon bridge
shall be the same.
9. To construct and maintain over, or along the bridges, or either of
them, telephone, telegraph or electric wires and cables, gas mains,
water mains, and other mechanical equipment not inconsistent with the
use of the bridges for vehicular traffic, to contract for such
construction and to lease the right to construct and/or use the same on
such terms and for such considerations as it shall determine, provided,
however, that no lease shall be made for a period of more than ten years
from the date when it is made;
10. To construct and maintain facilities for the public, not
inconsistent with the appropriate use of the bridges, to contract for
such construction, and to lease the right to construct and/or use such
facilities on such terms and for such considerations as it shall
determine, provided, however, that no lease shall be made for a period
of more than ten years from the date when it is made;
10-a. Subject to the approval of the commissioner, to construct,
reconstruct and improve highway connections to any of the bridges; the
construction to be under the supervision and control of the commissioner
as agent of the authority. Upon completion thereof, jurisdiction of such
connections to be transferred by the authority to the commissioner who
shall thereafter maintain such connections in the same manner as other
highways maintained by the state;
10-b. To contribute and pay over such amount as the authority shall
determine to any city for such city's share of the cost, including
damages and expenses, to be borne by or charged against such city for
the acquisition of real property acquired by the state within such city
for state highways connecting with any of the bridges and approaches
situated within a radius of one mile from the nearest bridge abutment.
11. To issue negotiable bonds and notes and to provide for the rights
of the holders thereof;
12. To enter on any lands, waters and premises for the purpose of
making surveys, soundings and examinations;
13. To advertise the facilities and advantages of the bridges;
14. To appoint or designate one or more persons for the purpose of
enforcing law, order and the observance of the rules and regulations
established by the authority. Each person as and when so appointed or
designated may, during the term of such appointment or designation be
uniformed and shall be known as a "New York state bridge authority
patrolman" and shall be a police officer as defined by paragraph (e) of
subdivision thirty-four of section 1.20 of the criminal procedure law
and shall have, within the limits of the cities, towns and villages
within which any part of a bridge, or any ferry property, operated by
the authority shall be located, all the powers of a constable, marshal,
police constable or police officer of a city, town or village in the
execution of criminal processes; and criminal process issued by any
court or magistrate of a county, town, city or village within which any
part of a bridge or any ferry property operated by the authority shall
be located, may be directed to and executed by any such patrolman
notwithstanding the provisions of any local or special act, ordinance or
regulation.
15. To do all things necessary or convenient to carry out the powers
expressly given in this title.
16. To accept grants, loans or contributions from the United States of
America, the state of New York, or any agency or instrumentality of
either of them and, subject to any agreement with bondholders or
noteholders, to enter into contracts and to execute all instruments
necessary or convenient or desirable in connection therewith, including,
its bonds, notes or other obligation evidencing any such loan from the
United States of America, the state of New York or any agency or
instrumentality of either of them.
17. To enter into a lease or operating agreement, for a period not to
exceed ninety-nine years, with the office of parks, recreation and
historic preservation for all or a portion of the walkway over the
Hudson bridge for the purpose of a state park. Such agreement may assign
or allocate responsibility for the construction, operation, maintenance,
replacement and management of the deck and approaches and structures
providing public access to the state park, but the authority shall
retain responsibility for maintaining the superstructure of the walkway
over the Hudson bridge. The office of parks, recreation and historic
preservation is authorized to enter into such agreement, which may
include the installation and maintenance by the office of parks,
recreation and historic preservation of any personal property and
equipment used in connection therewith. The office of parks, recreation
and historic preservation shall propose in its annual budget an amount
for all costs and obligations under such agreement and these costs may
be supplemented by private donations.