§ 1331 — General powers of the authority

New York § 1331

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 11-D: Central New York Regional Transportation Authority
• Art. 5: Public Utility Authorities

Text

§ 1331. General powers of the authority. A. Except as otherwise\nlimited by this title, the authority shall have power:\n 1. To sue and be sued;\n 2. To have a seal and alter the same at pleasure;\n 3. To borrow money and issue negotiable notes, bonds or other\nobligations and to provide for the rights of the holders thereof;\n 4. To invest any funds held in reserve or sinking funds, or any monies\nnot required for immediate use or disbursement, at the discretion of the\nauthority, in obligations of the state or the United States government\nor obligations the principal and interest of which are guaranteed by the\nstate or the United States government, or in certificates of deposit or\nother interest bearing depository accounts in banks or trust companies\nin this state if the certificate or account is secured by obligations of\nthe United States or of the state of a market value equal at all times\nto the amount of the deposit;\n 5. To make and alter by-laws for its organization and internal\nmanagement, and rules and regulations governing the exercise of its\npowers and fulfillment of its purposes under this title;\n 6. To enter into contracts and leases and to execute all instruments\nnecessary or convenient;\n 7. To acquire, hold and dispose of real or personal property in the\nexercise of its powers;\n 8. To appoint a general manager, who shall serve at the pleasure of\nthe authority, and such officers and employees as the authority may\nrequire for the performance of its duties, and to fix and determine\ntheir qualifications, duties, and compensation and to retain or employ\ncounsel, auditors, engineers, and private consultants on a contract\nbasis or otherwise for rendering professional, management or technical\nservices and advice; such general manager, counsel, auditors, engineers,\nand private consultants, officers and employees may not be a member of\nthe authority;\n 9. (a) Notwithstanding section one hundred thirteen of the retirement\nand social security law or any other general or special law, the\nauthority and any of its subsidiary corporations may continue or provide\nto its affected officers and employees any retirement, disability, death\nor other benefits provided or required for railroad personnel pursuant\nto federal or state law. Notwithstanding any provisions of the civil\nservice law, no officer or employee of a subsidiary corporation, of the\nauthority, other than a public benefit subsidiary corporation, shall be\na public officer or a public employee;\n (b) The authority and any of its public benefit subsidiary\ncorporations may be a "participating employer" in the New York state\nemployees' retirement system with respect to one or more classes of\nofficers and employees of such authority or any such public benefit\nsubsidiary corporation, as may be provided by resolution of such\nauthority or any such public benefit subsidiary corporation, as the case\nmay be, or any subsequent amendment thereof, filed with the comptroller\nand accepted by him pursuant to section thirty-one of the retirement and\nsocial security law. In taking any action pursuant to this paragraph\n(b), the authority and any of its public benefit subsidiary corporations\nshall consider the coverages and benefits continued or provided pursuant\nto paragraph (a) of this subdivision;\n 10. To make plans, surveys, and studies necessary, convenient or\ndesirable to the effectuation of the purposes and powers of the\nauthority and to prepare recommendations in regard thereto;\n 11. To enter upon such lands, waters or premises as in the judgment of\nthe authority may be necessary, convenient or desirable for the purpose\nof making surveys, soundings, borings and examinations to accomplish any\npurpose authorized by this title, the authority being liable for actual\ndamage done;\n 12. The authority may conduct investigations and hearings in the\nfurtherance of its general purposes, and in aid thereof have access to\nany books, records or papers relevant thereto; and if any person whose\ntestimony shall be required for the proper performance of the duties of\nthe authority shall fail or refuse to aid or assist the authority in the\nconduct of any investigation or hearing, or to produce any relevant\nbooks, records or other papers, the authority is authorized to apply for\nprocess of subpoena, to issue out of any court of general original\njurisdiction whose process can reach such person, upon due cause shown;\n 13. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title;\n 14. To enter into collective bargaining agreements with labor\nrepresentatives duly elected by the employees of the authority;\n 15. To insure or provide for the insurance of the authority's property\nor operations as required by law and also against such other risks as\nthe authority may deem advisable.\n B. The authority shall prepare and file with the commissioner and each\ncounty of the transportation district an annual budget consisting of\nprojected operating revenues and expenditures for the next fiscal year.\n C. The authority shall file in the office of the commissioner annual\nreports, after the close of each of the authority's fiscal years, which\nshall be open to public inspection. Such reports shall include, in\naddition to any information which the commissioner may require, a\nstatement with respect to its operation including the following data:\n (a) Cost breakdown of real property acquired for each system or\nfacility acquired or operated by the authority;\n (b) Cost breakdown in appropriate units of facilities acquired for\neach facility acquired or operated by the authority;\n (c) Operating revenues for each facility acquired or operated by the\nauthority;\n (d) Operating expenses for each facility acquired or operated by the\nauthority.\n The authority shall also file copies of such reports with the\nlegislative body or bodies of the city of Syracuse and all counties\nwhere such authority operates. In addition, the commissioner may request\nthe authority to file interim reports with him containing such\ninformation which he may require and the authority shall file such\nreports.\n