2006 New York Code - Special Powers Of The Authority.

 
    §  1307.  Special  powers of the authority. In order to effectuate the
  purposes of this title: 1. The authority may acquire, by purchase, gift,
  grant, transfer, contract or lease, or condemnation, any  transportation
  facility,  including  port  or  related  facilities  wholly or partially
  within the Capital District transportation district or any part thereof,
  or the use thereof, and may enter into any joint service arrangements as
  hereinafter provided. Any such acquisition or joint service  arrangement
  shall  be authorized only by resolution of the authority approved by not
  less than a majority of the whole number of  members  of  the  authority
  then in office.
    2. The authority may on such terms and conditions as the authority may
  determine   necessary,   convenient   or   desirable  itself  establish,
  construct, effectuate, operate, maintain, renovate, improve,  extend  or
  repair  any  such  transportation  facility,  or  may  provide  for such
  establishment,  construction,  effectuation,   operation,   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 any person, including but not limited to
  any common carrier or freight forwarder, the state,  any  state  agency,
  the  federal  government,  any  other state or agency or instrumentality
  thereof, any public  authority  of  this  or  any  other  state  or  any
  political  subdivision  or municipality of the state. In connection with
  the operation of any such transportation  facility,  the  authority  may
  establish,  construct, effectuate, operate, maintain, renovate, improve,
  extend or repair or may provide by contract, lease or other  arrangement
  for    the   establishment,   construction,   effectuation,   operation,
  maintenance, renovation, improvement, extension or repair of any related
  services and activities it deems  necessary,  convenient  or  desirable,
  including  but  not limited to the transportation and storage of freight
  and the  United  States  mail,  feeder  and  connecting  transportation,
  parking  areas,  transportation  centers,  port,  stations  and  related
  facilities.
    3. The authority may establish,  levy  and  collect  or  cause  to  be
  established,  levied  and  collected and, in the case of a joint service
  arrangement, join with others in the establishment, levy and  collection
  of  such  fares, tolls, rentals, rates, charges and other fees as it may
  deem necessary, convenient or desirable for the use and operation of any
  transportation facility and related services operated by  the  authority
  or by a subsidiary corporation of the authority or under contract, lease
  or  other  arrangement,  including  joint service arrangements, with the
  authority. Any such fares, tolls, rentals, rates, charges or other  fees
  for  the  transportation  of passengers shall be established and changed
  only if approved by resolution of the authority adopted by not less than
  a majority of the whole number of  members  of  the  authority  then  in
  office  and  only  after a public hearing, provided however, that fares,
  tolls, rentals, rates, charges or other fees for the  transportation  of
  passengers  on  any  transportation  facility which are in effect at the
  time that the then owner  of  such  transportation  facility  becomes  a
  subsidiary corporation of the authority or at the time that operation of
  such  transportation  facility  is  commenced  by  the  authority  or is
  commenced under contract, lease or  other  arrangement  including  joint
  service  arrangements,  with  the  authority  may be continued in effect
  without such a hearing.  Such fares, tolls, rentals, rates, charges  and
  other  fees shall be established as may in the judgment of the authority
  be necessary to maintain the combined operations of  the  authority  and
  its  subsidiary  corporations  on  a  self-sustaining  basis.  The  said
  operations shall be deemed to be on a self-sustaining basis as  required
  by  this  title,  when  the authority is able to pay or cause to be paid
  from revenue or any other funds or property actually  available  to  the
  authority  and  its subsidiary corporations (a) as the same shall become
  due, the principal of and interest on the  bonds  and  notes  and  other
  obligations  of  the  authority  and  of  such  subsidiary corporations,
  together with the maintenance of proper reserves therefor, (b) the  cost
  and  expense  of  keeping the properties and assets of the authority and
  its subsidiary corporations in good condition and repair,  and  (c)  the
  capital  and  operating  expenses  of  the  authority and its subsidiary
  corporations.  The authority may contract with the holders of bonds  and
  notes  with  respect  to  the  exercise of the powers authorized by this
  section.
    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
  and  safety  of  the  public  as  it  may  deem necessary, convenient or
  desirable for the use and operation of any transportation  facility  and
  related  services  operated by the authority or under contract, lease or
  other  arrangement,  including  joint  service  arrangements,  with  the
  authority.  Such  rules and regulations governing the conduct and safety
  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 or  safety  of  the  public  and  any  local  law,
  ordinance,  rule or regulation, such rule or regulation of the authority
  shall prevail. Violation of any such rule or regulation of the authority
  governing the conduct or the  safety  of  the  public  in  or  upon  any
  facility  of  the  authority  shall  constitute  an offense and shall be
  punishable by fine not exceeding fifty dollars or imprisonment  for  not
  more than thirty days or both.
    5.  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, one  or
  more  wholly  owned  subsidiary  corporations  of  the authority and may
  transfer to or from any such corporation any moneys,  real  property  or
  other  property  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  thirteen  hundred sixteen 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.
    If  the  authority  shall determine that one or more of its subsidiary
  corporations should be in the form of a public benefit  corporation,  it
  shall  create  each  such  public  benefit  corporation by executing and
  filing with the secretary of state a certificate of incorporation, which
  may be amended from time to time by filing, which shall  set  forth  the
  name  of  such  public benefit subsidiary corporation, its duration, the
  location of its principal office, and any or  all  of  the  purposes  of
  acquiring,  owning,  leasing,  establishing, constructing, effectuating,
  operating, maintaining, renovating, improving,  extending  or  repairing
  one  or  more  facilities  of  the  authority.  Each such public benefit
  subsidiary corporation shall be a body politic and corporate  and  shall
  have  all those powers vested in the authority by the provisions of this
  title which the authority shall determine to include in its  certificate
  of incorporation except the power to contract indebtedness.
    Whenever  any  state, political subdivision, municipality, commission,
  agency, officer, department, board, division or person is authorized and
  empowered for any of the purposes of this title to cooperate  and  enter
  into  agreements  with  the authority such state, political subdivision,
  municipality, commission, agency, officer, department,  board,  division
  or  person  shall  have the same authorization and power for any of such
  purposes to cooperate  and  enter  into  agreements  with  a  subsidiary
  corporation of the authority.
    6.  The  authority,  in  its own name or in the name of the state, may
  apply for and receive and accept grants of property, money and  services
  and  other  assistance  offered  or  made available to it by any person,
  government or agency whatever, which it  may  use  to  meet  capital  or
  operating expenses and for any other use within the scope of its powers,
  and  to  negotiate  for  the  same upon such terms and conditions as the
  authority may determine to be necessary, convenient or desirable. In  no
  event,  however,  shall  the  authority  submit  to the state or federal
  government or any agency or instrumentality thereof an application for a
  state or federal project unless the application shall  have  been  first
  approved  by  the  commissioner as being part of or consistent with such
  statewide plan, regional plan or transportation development  policy  and
  planning concept.
    7.  The  authority may do all things it deems necessary, convenient or
  desirable to manage, control and direct the maintenance and operation of
  transportation facilities, equipment or real  property  operated  by  or
  under contract, lease or other arrangement with the authority. Except as
  hereinafter   specially   provided,   no   municipality   or   political
  subdivision, including but not limited to a county, city, village,  town
  or  school or other district shall have jurisdiction over any facilities
  of the authority or any  of  its  activities  or  operations.    In  the
  operation, maintenance and control of any facilities devoted to purposes
  other  than  direct  transportation  purposes,  the  authority  shall be
  subject  to  all  local  laws,  resolutions,   ordinances,   rules   and
  regulations   of   a   municipality   or   political  subdivision.  Each
  municipality or political subdivision, including but not  limited  to  a
  county,  city,  village, town or district in which any facilities of the
  authority are located shall provide for such facilities police, fire and
  health protection services of the same character and to the same  extent
  as  those  provided  for  residents  of  such  municipality or political
  subdivision.
    The authority may agree with the state  department  of  transportation
  for  the  execution by such department of any grade crossing elimination
  project or any grade crossing separation  reconstruction  project  along
  any  railroad  facility  operated  by  the  authority  or  by one of its
  subsidiary corporations or under contract, lease  or  other  arrangement
  with  the  authority.  Any such project shall be executed as provided in
  the grade crossing elimination act and the railroad  law,  respectively,
  and  the  costs  of  any such project shall be borne as provided in such
  laws, except that the authority's share of such costs shall be borne  by
  the state.
    8.  The authority may accept unconditional grants of money or property
  as subsidy payments for expansion  of  service  into  areas  where  such
  service   would   not  be  self-supporting.  The  authority  may  accept
  unconditional grants of money or property from any city,  village,  town
  or  county  not  wholly contained within a city the whole or any part of
  which shall be served or to  be  served  by  a  transportation  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.
  The provisions of this section are intended as enabling legislation only
  and  shall not be interpreted as implying that absent their enactment an
  authority would lack the power to accept such grant or subsidy.
    9. Notwithstanding any of the above  provisions,  no  project  may  be
  undertaken  by  the  authority  unless  such  project  is  a  part of or
  consistent with the master plan.