§ 1285-A — Construction, operation and maintenance of air pollution control facilities, water management facilities and storm water collecting systems

New York § 1285-A

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 12: New York State Environmental Facilities Corporation
• Art. 5: Public Utility Authorities

Text

§ 1285-a. Construction, operation and maintenance of air pollution\ncontrol facilities, water management facilities and storm water\ncollecting systems. 1. The corporation and any municipality having power\nto construct air pollution control facilities, water management\nfacilities or storm water collecting systems, by resolution of its\ngoverning body may enter into a contract for the construction of air\npollution control facilities, water management facilities or storm water\ncollecting systems by the corporation for such municipality upon such\nterms and conditions as the corporation shall determine to be\nreasonable, including but not limited to reimbursement of all costs of\nsuch construction and claims arising therefrom.\n 2. The corporation and any state agency having power to construct air\npollution control facilities, water management facilities, or storm\nwater collecting systems may enter into a contract for the construction\nof air pollution control facilities, water management facilities or\nstorm water collecting systems by the corporation for such state agency\nupon such terms and conditions as the authority and such state agency\nshall determine to be reasonable, including but not limited to\nreimbursement of all costs of such construction and claims arising\ntherefrom.\n 3. The corporation and any municipality having power to construct,\noperate and maintain air pollution control facilities or storm water\ncollecting systems, by resolution of its governing body may enter into a\ncontract pursuant to which the corporation may provide for the\ntreatment, neutralization and disposal of gaseous wastes and other air\npollutants, by means of air pollution control facilities owned and\nconstructed by the corporation and operated and maintained by the\ncorporation or, for and on behalf of the corporation, by such\nmunicipality or by any person as may be approved by the corporation and\nsuch municipality, or for the collection and conveyance of storm waters\nby means of storm water collecting systems owned and constructed by the\ncorporation for and on behalf of such municipality. Such contract or\ncontracts shall be in accordance with the provisions of, and shall\ncontain the same terms, conditions and requirements as are set forth in\nsubdivision three of section twelve hundred eighty-five of this title,\nprovided, however, any such contract providing for the collection and\nconveyance of storm waters by means of storm water collecting systems\nowned and constructed by the corporation shall expressly provide for the\nvesting of title to such storm water collecting system in such\nmunicipality in accordance with the provisions of paragraph (c) of said\nsubdivision three of section twelve hundred eighty-five of this title,\nand that such storm water collecting system shall be operated and\nmaintained by such municipality upon such terms and conditions as the\ncorporation shall determine to be reasonable.\n 4. The corporation and any state agency having power to operate and\nmaintain air pollution control facilities, water management facilities\nor storm water collecting systems may enter into a contract with the\ncorporation for the operation and maintenance of air pollution control\nfacilities, water management facilities or storm water collecting\nsystems by the corporation for and on behalf of such state agency; or\nthe corporation and any such state agency may enter into a contract\npursuant to which the corporation may provide for the treatment,\nneutralization and disposal of gaseous wastes and other air pollutants,\nthe furnishing of a public water supply, the collection and conveyance\nof storm waters by means of air pollution control facilities, water\nmanagement facilities or storm water collecting systems, as the case may\nbe, owned and constructed by the corporation and operated and maintained\nby the corporation or for and on behalf of the corporation, by such\nstate agency or by any person as may be approved by the corporation and\nsuch state agency. Any such contract or contracts shall be upon such\nterms and conditions as the corporation and such state agency shall\ndetermine to be reasonable, including but not limited to the\nreimbursement of all costs of planning, financing, construction and\noperation and maintenance and any claims arising therefrom. No such\ncontract shall be deemed to be a contract for public works or purchase\nwithin the meaning of the state finance law.\n 5. The corporation may make loans to any municipality for the\nconstruction of any air pollution control facility, water management\nfacility or storm water collecting system or to any state agency\nauthorized to issue bonds or notes not constituting a debt or liability\nof the state within the meaning of section eleven of article seven of\nthe state constitution, for the construction of any air pollution\ncontrol facility, water management facility, or storm water collecting\nsystem. The corporation may accept as evidence of the indebtedness of\nany such municipality or any state agency authorized to issue bonds or\nnotes not constituting a debt or liability of the state within the\nmeaning of section eleven of article seven of the state constitution,\nonly the municipal bonds or notes of such municipality or bonds or notes\nof such state agency. Any such loans shall be in an amount or amounts\nnot to exceed the cost of construction of any such project required to\nbe financed by the municipality or such state agency. In connection with\nthe making of any such loans, the corporation may fix and collect fees\nand charges, including but not limited to reimbursement of all costs of\nfinancing by the corporation, as the corporation shall determine to be\nreasonable. Any such loan by the corporation to a state agency as herein\nprovided, shall be subject to the approval of the director of the\nbudget.\n