§ 1855 — General powers of the authority

New York § 1855

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 9: New York State Energy Research and Development Authority
• Art. 8: Miscellaneous Authorities

Text

§ 1855. General powers of the authority. Subject to the other\nprovisions of this title and the provisions of any contract with\nbondholders or noteholders, the authority shall have the following\npowers in addition to any powers specifically conferred upon the\nauthority elsewhere in this title:\n 1. To sue and be sued.\n 2. To have a seal and alter the same at pleasure.\n 3. To make and alter by-laws for its organization and internal\nmanagement.\n 4. To make rules and regulations governing the exercise of its\ncorporate powers and the fulfillment of its corporate purposes under\nthis title and title nine-A of this article, which shall be filed with\nthe department of state in the manner provided by section one hundred\ntwo of the executive law.\n 5. To purchase, receive, lease or otherwise acquire, to hold in the\nname of the state or otherwise, and to sell, convey, mortgage, lease,\npledge or otherwise dispose of, upon such terms and conditions as the\nauthority may deem advisable, real and personal property, together with\nsuch rights and privileges as may be incidental and appurtenant thereto\nand to the use thereof, including but not restricted to any real\nproperty acquired or held by the authority pursuant to the provisions of\nsection eighteen hundred fifty-six of this title and any real or\npersonal property acquired by the authority in the satisfaction of\nobligations contained in contracts, leases or other arrangements.\n 6. To enter into contracts, leases or other arrangements providing for\nthe establishment, operation, development and management of any property\nor facility under the jurisdiction of the authority.\n 7. To enter into contracts, leases or other arrangements permitting\nany person to use any property or facility under the jurisdiction of the\nauthority; permitting such person to build or add facilities or\nimprovements upon such property or facility; and providing, at the\ndiscretion of the authority, for the acquisition by the authority of any\nsuch facilities or improvements built or added by such person, upon such\nterms and conditions as the authority may deem advisable.\n 8. To sell or otherwise make available, upon such terms and conditions\nas the authority may deem advisable, any product, by-product or service\nproduced in or provided by any facility under its jurisdiction.\n 9. To fix and collect fees, rentals and charges for the use of any\nproperty or facility under its jurisdiction, or for the sale of any\nproduct, by-product or service produced in or provided by any such\nfacility, and to establish the rights and privileges created upon\npayment thereof. Such fees, rentals and charges shall be established by\nthe authority so as to produce, in the judgment of the authority,\nrevenues sufficient, together with any other funds available to the\nauthority, to meet the expenses of maintenance and operation of the\nfacilities of the authority, to repay any moneys repayable to the state,\nto fulfill the terms of agreements with the holders of its bonds, notes\nor other obligations, and to provide funds for such other corporate\npurposes as the authority may deem appropriate.\n 10. To enter into any contracts and to execute all instruments\nnecessary or convenient for the exercise of its corporate powers and the\nfulfillment of its corporate purposes under this title.\n 11. To borrow money and to issue bonds, notes or other obligations and\nto provide for the rights of the holders thereof.\n 12. To enter into agreements to pay annual sums in lieu of taxes to\nany municipality or taxing district of the state in respect of any real\nproperty which is owned by the authority, leased by the authority to a\nperson and located in such municipality or taxing district, provided,\nhowever, that the amount so paid for any year upon any such property\nshall not exceed the sum last paid as taxes on such property to such\nmunicipality or taxing district prior to the time of its acquisition by\nthe authority.\n 13. To procure insurance, or obtain indemnification from the federal\ngovernment or other persons, against any loss in connection with the\nassets of the authority and any liability in connection with the\nactivities of the authority, such insurance or indemnification to be\nprocured or obtained in such amounts, and from such sources, as the\nauthority deems to be appropriate.\n 14. To accept any gifts or grants or loans of funds or property or\nfinancial or other aid in any form from the federal government or any\nagency or instrumentality thereof or from the state or from any other\nsource and to comply, subject to the provisions of this title, with the\nterms and conditions thereof.\n 15. To enter into any lands, waters or premises for the purpose of\nmaking borings, soundings, surveys or other investigations necessary to\nthe purposes of the authority or to public health and safety.\n 16. To engage the services of bond counsel, financial advisors,\naccountants, engineers, attorneys and other private consultants on a\ncontract basis for rendering professional and technical assistance and\nadvice.\n 17. To do all things necessary or convenient to carry out its\ncorporate purposes and exercise the powers given and granted by this\ntitle.\n