§ 2799-HHH — Special powers of the authority

§ 2799-hhh. Special powers of the authority. In order to effectuate\nthe purpose of this title:\n 1. The authority may enter into any joint service arrangements as\nprovided in this section.\n 2. The authority may, establish, construct, effectuate, operate,\nmanage, maintain, renovate, improve, extend or repair any aviation\nfacilities or pollution control facilities, or may provide for such\nestablishment, construction, effectuation, operation, management,\nmaintenance, renovation, improvement, extension or repair by contract,\nlease, or other arrangement with the federal government, any state or\nagency or instrumentality thereof, or any person or public corporation.\nIn connection with the operation of any such facilities, the authority\nmay establish, construct, effectuate, operate, manage, maintain,\nrenovate, improve, extend or repair or may provide by contract, lease or\nother arrangement for the establishment, construction, effectuation,\noperation, management, maintenance, renovation, improvement, extension\nor repair of any related services and activities.\n 3. The authority may establish, fix, revise, levy and collect or cause\nto be established, fixed, revised, levied and collected and, in the case\nof a joint service arrangement, join with others in the establishment,\nfixing, revision, levy and collection of such fares, rentals, rates,\ncharges, landing and field use fees, concession fees and other fees for\nthe use and operation of any real property, aviation facilities,\npollution control facilities, facility and related services operated or\nmanaged by the authority or under contract, lease or other arrangement,\nincluding joint service arrangements, with the authority. Such fares,\nrentals, rates, charges, landing and field use fees, concession fees or\nother fees shall be at least sufficient at all times in the judgment of\nthe authority to establish and maintain the combined operations of the\nauthority on a self-sustaining basis. Such operations shall be deemed to\nbe on a self-sustaining basis as required by this title, when the\nauthority is able to pay or fund or cause to be paid or funded from\nrevenues and any other funds actually available to the authority:\n (a) the principal of, premium, if any, and the interest on the\noutstanding bonds of the authority as the same shall become due and\npayable and any capital or debt service reserve therefor and, to the\nextent required by any agreement between the city and the authority, the\nprincipal of and interest on any general obligation bonds, notes or\nother evidence of indebtedness of the city issued for or allocable to\nany project of the authority as the same shall become due and payable\nand any reserves therefor;\n (b) the cost of administering, maintaining, repairing and operating\nany project of the authority;\n (c) the cost of constructing capital improvements thereto pursuant to\nany agreement between the city and the authority;\n (d) any liabilities incurred for or allocable to any project of the\nauthority including any liabilities of the city assumed by the authority\npursuant to any agreement between the city and the authority, as the\nsame become due and payable;\n (e) any requirements of any agreement including those relating to the\nestablishment of reserves for renewal and replacement and for\nuncollected fares, rentals, rates, charges and fees and covenants\nrespecting rates and debt service and earnings coverage ratios;\n (f) all other reasonable and necessary expenses of the authority; and\n (g) the cost of such additional projects as may be now or hereafter\nauthorized by law and agreed to by the authority.\n 4. The authority may establish and, in the case of joint service\narrangements, join with others in the establishment of such schedules\nand standards of operations and such other rules and regulations\nincluding but not limited to rules and regulations governing the\nconduct, safety and security of the public as it may deem necessary,\nconvenient or desirable for the use, operation and management of any\nproject and related services operated or managed by the authority or\nunder contract, lease or other arrangement, including joint service\narrangements, with the authority. Such rules and regulations governing\nthe conduct, safety and security of the public shall be filed with the\ndepartment of state in the manner provided by section one hundred two of\nthe executive law. In the case of any conflict between any such rule or\nregulation of the authority governing the conduct, safety and security\nof the public and any local law, local ordinance, local rule or local\nregulation, such rule or regulation of the authority shall prevail.\nNothing in this section shall be construed to exempt the authority from\nany state law, rule or regulation.\n 5. The authority may manage, control and direct the maintenance and\noperation of aviation facilities, equipment or property operated by or\nunder contract, lease or other arrangement with the authority. Except as\nagreed to pursuant to any agreement between the authority and any public\ncorporation and except as hereinafter specially provided, no\nmunicipality except for the city, shall have jurisdiction over any\nfacilities of the authority or any of its activities or operations. The\ncity may provide for such facilities' police and fire protection\nservices.\n 6. The authority may accept unconditional grants of money or property\nfrom any municipality the whole or any part of which municipality shall\nbe served or to be served by an aviation facility operated by the\nauthority. Such grants of money or property would be for the purpose of\nassisting the authority in meeting its capital or operating expenses.\nThe acceptance of any such grant shall not operate to make the authority\nan agency of the municipality making the grant.\n 7. In any instance where the city is required by law, with respect to\nan airport or any aviation facilities, to conduct a public hearing in\nconnection with a contract, lease, joint service arrangement, charge,\nfare, rental or fee, the authority shall not enter into such contract,\nlease, joint service arrangement, or establish, fix, revise or levy any\ncharge, fare, rental, landing and field use fee, concession fee or other\nfee unless and until the authority has held a public hearing at which\ninterested persons have had an opportunity to be heard concerning the\nsame, provided however, if the city has conducted a public hearing in\nconnection with such contract, lease, joint service arrangement, charge,\nfare, rental or fee, the authority shall not be required to hold a\npublic hearing. Notice of such public hearing shall be published by the\nauthority at least ten days before the date set therefor, in at least\none newspaper of general circulation in the county and on the authority\nwebsite. Such notice shall set forth the date, time and place of such\nhearing and shall include a brief description of the matters to be\nconsidered at such meeting. At all such hearings, any interested persons\nshall have an opportunity to be heard concerning the matters under\nconsideration. Any decision of the authority on matters considered at\nsuch public hearing shall be in writing and be made available in the\noffice of the authority for public inspection during regular office\nhours and posted on the authority website.\n 8. The authority may acquire, hold, own, lease, establish, construct,\neffectuate, operate, maintain, renovate, improve, extend or repair any\nof its facilities through, and cause any one or more of its powers,\nduties, functions or activities to be exercised or performed by, no more\nthan two wholly owned subsidiary corporations of the authority for the\npurposes of operating parking and concessions including food, beverage,\nand retail services, and airline and aircraft services including\nticketing, baggage and fueling services and other services for the\noperation of the airport. The authority may transfer to or from any such\ncorporation, or between such corporations, any moneys, real property or\nother property or the services of any officers, employees or consultants\nfor any of the purposes of this title. The directors or members of each\nsuch subsidiary corporation shall be the same persons holding the\noffices of members of the authority. Each such subsidiary corporation\nand any of its property, functions and activities shall have all of the\nprivileges, immunities, tax exemptions and other exemptions of the\nauthority and of the authority's property, functions and activities.\nEach such subsidiary corporation shall be subject to the restrictions\nand limitations to which the authority may be subject. Each such\nsubsidiary corporation shall be subject to suit in accordance with\nsection twenty-seven hundred ninety-nine-www of this title. The\nemployees of any such subsidiary corporation, except those who are also\nemployees of the authority, shall not be deemed employees of the\nauthority.\n