§ 1860-A — Reserve funds and appropriations

New York § 1860-A

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

Text

§ 1860-a. Reserve funds and appropriations. 1. The authority may\ncreate and establish one or more reserve funds to be known as debt\nservice reserve funds and may pay into such reserve funds (a) any moneys\nappropriated and made available by the state for the purposes of such\nfunds, (b) any proceeds of sale of bonds and notes to the extent\nprovided in the resolution of the authority authorizing the issuance\nthereof, (c) any moneys directed to be transferred by the authority to\nsuch funds, and (d) any other moneys which may be made available to the\nauthority for the purposes of such funds from any other source or\nsources. The moneys held in or credited to any debt service reserve fund\nestablished under this subdivision, except as hereinafter provided,\nshall be used solely for the payment of the principal of bonds of the\nauthority secured by such reserve fund, as the same mature, required\npayments to any sinking fund established for the amortization of such\nbonds (hereinafter referred to as "sinking fund payments"), the purchase\nor redemption of such bonds of the authority, the payment of interest on\nsuch bonds of the authority or the payment of any redemption premium\nrequired to be paid when such bonds are redeemed prior to maturity;\nprovided, however, that moneys in any such fund shall not be withdrawn\ntherefrom at any time in such amount as would reduce the amount of such\nfund to less than the maximum amount of principal and interest maturing\nand becoming due in any succeeding calendar year on the bonds of the\nauthority then outstanding and secured by such reserve fund, except for\nthe purpose of paying principal and interest on the bonds of the\nauthority secured by such reserve fund maturing and becoming due and\nsinking fund payments for the payment of which other moneys of the\nauthority are not available. Any income or interest earned by, or\nincrement to, any such debt service reserve fund due to the investment\nthereof may be transferred to any other fund or account of the authority\nto the extent it does not reduce the amount of such debt service reserve\nfund below the maximum amount of principal and interest maturing and\nbecoming due in any succeeding calendar year on all bonds of the\nauthority then outstanding and secured by such reserve fund. In\ncomputing the amount of any debt service reserve fund for the purposes\nof this section, securities in which all or a portion of such reserve\nfund are invested shall be valued at par or, if purchased at less than\npar, at their cost to the authority.\n 2. The authority shall not issue bonds at any time if the maximum\namount of principal and interest maturing and becoming due in a\nsucceeding calendar year on the bonds outstanding and then to be issued\nand secured by a debt service reserve fund will exceed the amount of\nsuch reserve fund at the time of issuance, unless the authority, at the\ntime of issuance of such bonds, shall deposit in such reserve fund from\nthe proceeds of the bonds so to be issued, or otherwise, an amount which\ntogether with the amount then in such reserve fund, will be not less\nthan the maximum amount of principal and interest maturing and becoming\ndue in any succeeding calendar year on the bonds then to be issued and\non all other bonds of the authority then outstanding and secured by such\nreserve fund.\n 3. To assure the continued operation and solvency of the authority for\nthe carrying out of the public purposes of this act provision is made in\nsubdivision one of this section for the accumulation in each debt\nservice reserve fund of an amount equal to the maximum amount of\nprincipal and interest maturing and becoming due in any succeeding\ncalendar year on all bonds of the authority then outstanding and secured\nby such reserve fund. In order further to assure the maintenance of such\ndebt service reserve funds, there shall be annually apportioned and paid\nto the authority for deposit in each debt service reserve fund such sum,\nif any, as shall be certified by the chairman of the authority to the\ngovernor and state director of the budget as necessary to restore such\nreserve fund to an amount equal to the maximum amount of principal and\ninterest maturing and becoming due in any succeeding calendar year on\nthe bonds of the authority then outstanding and secured by such reserve\nfund. The chairman of the authority shall annually, on or before\nDecember first, make and deliver to the governor and state director of\nthe budget his certificate stating the sum, if any, required to restore\neach such debt service reserve fund to the amount aforesaid, and the sum\nor sums so certified, if any, shall be apportioned and paid to the\nauthority during the then current state fiscal year. The principal\namount of bonds secured by a debt service reserve fund or funds to which\nstate funds are apportionable pursuant to this subdivision shall be\nlimited to the total amount of bonds and notes outstanding on the\neffective date of this act, plus the total amount of bonds and notes\ncontracted after the effective date of this act to finance projects in\nprogress on the effective date of this act as determined by the New York\nstate public authorities control board created pursuant to section fifty\nof this chapter whose affirmative determination shall be conclusive as\nto all matters of law and fact solely for the purposes of the\nlimitations contained in this subdivision, but in no event shall the\ntotal amount of bonds so secured by such a debt service reserve fund or\nfunds exceed nine million six hundred sixty thousand dollars, excluding\nbonds issued to refund such outstanding bonds until the date of\nredemption of such outstanding bonds. As outstanding bonds so secured\nare paid, the amount so secured shall be reduced accordingly but the\nredemption of such outstanding bonds from the proceeds of refunding\nbonds shall not reduce the amount so secured.\n 4. All amounts paid over to the authority by the state pursuant to the\nprovisions of this section shall constitute and be accounted for as\nadvances by the state to the authority and, subject only to the rights\nof the holders of any bonds or notes of the authority theretofore or\nthereafter issued, shall be repaid to the state from all available\noperating revenues of the authority in excess of debt service reserve\nfund requirements and operating expenses.\n 5. As used in this section, (a) the term "operating expenses" shall\nmean ordinary expenditures for operation and administration of the\nauthority, including maintenance, repair and replacement of authority\nproperty; and (b) the term "available operating revenues" shall mean all\namounts received on account of rentals and fees charged by the\nauthority, if any, and income or interest earned or added to funds of\nthe authority due to the investment thereof, and not required under the\nterms or provisions of any covenant or agreement with holders of any\nbonds or notes of the authority to be applied to any purposes other than\npayment of operating expenses of the authority.\n