§ 3632. Transfer of property; relationship with county; certain gifts,\nloans, and guarantees by the county. 1. (a) The county may give, grant,\nsell, convey, lend, license the use of, or lease to the corporation, and\nthe corporation may accept any property (except monies appropriated by\nthe county and payable to the corporation pursuant to subdivision three\nof this section) which are useful in connection with the exercise by the\ncorporation of any of its powers under this title in order to transfer\nthe facilities and operations of the Erie County Medical Center\nhealthcare network to the corporation by agreement between the county\nand the corporation and any subsequent renewal or amendment thereof, by\nlocal law adopted by a majority vote of the Erie county legislature,\nnotwithstanding any general, special, or local law, ordinance,\nresolution, or charter.\n (b) Any such gift, grant, sale, conveyance, loan, license, or lease\nshall be upon such terms and conditions, for such consideration, if any,\nand for such term or terms of years, subject to the rights of the\nholders of any bonds, as the corporation and the county may agree. No\nreal property of the county consisting of any health facility operated\non the effective date of this title by the Erie County Medical Center\nhealthcare network shall be transferred to the corporation in fee,\nexcept under such restrictions regarding rights of first refusal in\nfavor of the county and subject to a right of reverter in the event that\nthe corporation should cease to use such property for the provision of\nresearch, education, and health care, or other rights, to repurchase the\nproperty as the Erie county legislature shall approve by act, and\nsubject to a restrictive covenant prohibiting the corporation from\npledging or mortgaging the fee interest in the property. In the event\nthat the county gives, grants, sells, conveys, lends, licenses, or\nleases any facilities to the corporation, the county may contract with\nthe corporation to lease, borrow, license, operate, maintain, manage,\nand provide services for such facilities upon such terms and conditions\nand for such term or terms of years, subject to the rights of holders of\nbonds, as the corporation and the county may agree. The corporation, in\nfurtherance of any purchase, conveyance, or lease of any property or\nfacility from the county, may assume the primary responsibility for the\npayment of the principal and interest on any bonds or notes issued by\nthe county for such property or facility.\n 2. The county may acquire by purchase, grant, lease, gift, or\ncondemnation, pursuant to the eminent domain procedure law, real\nproperty in the name of the county for any corporate purpose of the\ncorporation.\n 3. In addition to any other powers granted to it by law and consistent\nwith the constitution and other provisions of law, the county shall\nappropriate sums of money to defray project costs or any other costs or\nexpenses of the corporation, including operating expenses.\n 4. On the effective date of the transfer of the facilities and\noperations of the Erie County Medical Center healthcare network pursuant\nto an agreement between the corporation and the county, the Erie County\nMedical Center board of managers shall cease to be responsible for\noperation of the network; provided, however, that the county shall\ncontinue the existence of the board of managers in the event that the\ncontract between the corporation and the county requires the operation\nof the network to revert to the county in the event that the corporation\nshould cease to use such property for the provision of health care or\nthe corporation otherwise fails to meet its obligations under any\nagreement between the county and the corporation.\n 5. The county shall maintain its efforts to provide annual operating\nfunding to the corporation to permit it to serve all uninsured and\nunder-insured patients, foster its role as a teaching hospital, and\nprovide tertiary care services that are unavailable at other health care\nfacilities in the western New York region. The county shall maintain and\nprovide an operating contribution to the corporation in an annual amount\nthat is the difference between the corporation's total revenues minus\ntotal expenses. For purposes of this section, total revenue and total\nexpenses shall include amounts attributable to the corporation, any\nsubsidiary of the corporation, and any entity providing health care\nservices thereto. The manner of calculating the county's annual\nmaintenance of effort of the corporation shall be the process followed\nby the county in determining the maintenance of effort for the network.\nThe county shall have the right of audit at any time and from time to\ntime to confirm the details of corporate operations. The corporation\nshall provide monthly financial reports to the county that provide\ndetails concerning all business operations for the corporation on a\nconsistent basis.\n 6. (a) Notwithstanding any general, special, or local law or charter\nprovisions to the contrary, the county of Erie shall have the power and\nis hereby authorized, pursuant to section seven of article seventeen of\nthe state constitution, to lend its money or credit to or in aid of the\ncorporation or any subsidiary thereof for the purpose of providing\nhealth related facilities or hospital facilities for the prevention,\ndiagnosis, or treatment of human disease, pain, injury, disability,\ndeformity, or physical condition, and for facilities incidental or\nappurtenant thereto, as may be prescribed by law. The county is hereby\nauthorized to prescribe such facilities by local law. The corporation or\nany such subsidiary thereof, as a condition to any such loan of money or\ncredit, shall enter into a regulatory agreement with the county as to\nits charges, profits, dividends, and disposition of its property or\nfranchises, which agreement shall be binding and enforceable by the\ncounty insofar as such agreement regulates such charges, profits,\ndividends, and disposition of property. The county may elect in such\nregulatory agreement to refrain from exercising all or any portion of\nits authority to so regulate such charges, profits, dividends, and\ndisposition of property to the extent such charges, profits, dividends,\nand disposition of property are regulated by the state or any agency\nthereof. The county shall authorize such regulatory agreement by local\nlaw.\n (b) In pursuance of the authority granted in this title, the county of\nErie shall have the power and is hereby authorized, from time to time,\nto issue its bonds, notes, or other obligations in such principal\namounts as it shall deem necessary, after taking into account other\nmonies which may be available for the purposes set forth in this title.\nSuch bonds, notes, or obligations shall be issued for the purpose of\nmaking loans to the corporation or any subsidiary thereof, paying\ninterest on such bonds, notes, or other obligations, establishment of\nreserves to secure such notes, bonds, or other obligations, and paying\nall other obligations and expenditures incidental to and necessary or\nconvenient for the making of such loans. Such bonds, notes, or\nobligations shall be issued in accordance with the applicable provisions\nof this chapter, the local finance law, and applicable local laws.\n (c) Any guarantee by the county made pursuant to the authority granted\nin this section shall be authorized by act or acts of the county in the\nsame manner as such act or acts authorizing the issuance of bonds of the\ncounty for the purposes for which such guarantee is undertaken.\n (d) The county is also authorized to enact laws governing the\nconditions under which such loans, commitments, and guarantees shall be\nmade.\n 7. For purposes of subdivision four of paragraph a of section 25.00 of\nthe local finance law, amounts to be derived by the county of Erie from\nthe corporation, or any subsidiary thereof, shall be included in the\nterm "other income".\n 8. (a) Notwithstanding the provisions of any other state or local law\nto the contrary, including, but not limited to, sections six-n and six-j\nof the general municipal law, with the approval of the Erie county\nlegislature, amounts deposited for or on behalf of the Erie County\nMedical Center healthcare network in the liability and casualty and\nworkers' compensation reserve funds established by the county pursuant\nto such sections of the general municipal law, and investment earnings\nthereof, may be withdrawn by the county from such funds and transferred\nto the corporation and shall be used by the corporation for the purposes\nfor which such funds were established.\n (b) No amounts shall be withdrawn and transferred to the corporation\npursuant to this subdivision unless, prior to such withdrawal or\ntransfer, the corporation has agreed in writing to indemnify and hold\nharmless the county, and provide defense, for all claims, cases,\nproceedings, actions, or other matters against the county arising out of\nthe properties, facilities, operations, or employees of the corporation,\nwhether commenced before or after the date of transfer of such amounts,\nand to provide such other security for such obligation as the county may\nreasonably require.\n 9. The county shall be responsible for the payment of all outstanding\nbonded indebtedness of the Erie County Medical Center healthcare network\nthat was accumulated prior to the creation of the public benefit\ncorporation.\n