§ 384 — Additional powers of the authority to undertake and finance certain transportation projects

New York § 384

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 9: New York State Thruway Authority
• Art. 2: Park, Parkway and Highway Authorities

Text

§ 384. Additional powers of the authority to undertake and finance\ncertain transportation projects. 1. (a) The authority is hereby\nauthorized and directed, as an additional corporate purpose thereof, to\nenter into contracts or agreements with any private person or\ncorporation or with the state or local governments or with other public\ncorporations to finance, construct, reconstruct, improve or develop the\nfollowing transportation projects subject to the limitations prescribed\nby this section: (i) the projects, or portions thereof, known as the\ninner harbor project and the intermodal transportation project located\nin Onondaga county, including but not limited to, the consolidation of\nthe Syracuse canal terminal and the planning, design and construction of\nan intermodal transportation facility, provided, however, that prior to\nproceeding with the inner harbor project, the authority and the city of\nSyracuse shall enter into a memorandum of understanding regarding the\nundertaking of such project; (ii) the project, or portions thereof,\nknown as the horizons waterfront development project generally located\nin and around Erie county, and the New York state canal system generally\nlocated along the Erie canal in Erie and Niagara counties; and (iii) the\nproject, or portions thereof, known as the Stewart airport access\nproject located in Orange county to provide direct access to Stewart\ninternational airport from interstate eighty-four in the vicinity of the\nairport. Notwithstanding the provisions of article VI-A and section one\nhundred thirty-eight-c of the canal law and paragraph (m) of subdivision\nseven of section three hundred eighty-two of this chapter, the New York\nstate thruway authority, or the subsidiary corporation thereof, is\nauthorized to enter into an agreement with the city of Syracuse for the\nleasing of the land comprising the inner harbor project in Onondaga\ncounty. Any projects for the construction, reconstruction or improvement\nof property or structures undertaken pursuant to this section shall be\nin full compliance with title thirteen of article twenty-seven of the\nenvironmental conservation law and shall be deemed public works for the\npurposes of section two hundred twenty of the labor law and section one\nhundred three of the general municipal law, except that any contracts\nlet by the authority for the construction, reconstruction or improvement\nof such projects shall be subject to section three hundred fifty-nine of\nthis title. For the purposes of article fifteen-A of the executive law\nonly, the authority shall be deemed a state agency as that term is used\nin such article and its contracts for such projects as provided in this\narticle shall be deemed state contracts within the meaning set forth in\nsuch article.\n (b) The authority is hereby authorized, as an additional corporate\npurpose thereof, to issue its bonds, notes and other obligations in\nconformity with applicable provisions of the uniform commercial code in\na principal amount necessary to achieve purposes enumerated in paragraph\n(a) of this subdivision, including a principal amount necessary to\nprovide capitalized interest for a period not to exceed six months\nsubject to the limitations in subdivision three of this section. In\ncomputing the total principal amount of bonds, notes and other\nobligations that may at any time be issued for any purpose under this\nsection, the amount of the outstanding bonds or notes that constitutes\ninterest under the United States internal revenue code of nineteen\nhundred eighty-six, as amended to the effective date of this section,\nshall be excluded.\n 2. All of the provisions of this title, which are not inconsistent\nwith the provisions of this section, shall apply to the projects and\nobligations authorized by this section, including but not limited to the\npower to issue renewal notes or refunding bonds.\n 3. The authority shall make available a total amount of moneys not\nexceeding fifty million dollars, exclusive of federal funds and any\nstate and local moneys which may be available, for capital purposes and\nfor the other purposes enumerated in this section. The fifty million\ndollar amount shall be distributed as follows: (a) (i) an amount not to\nexceed fifteen million dollars shall be made available for the project,\nor portions thereof, known as the inner harbor project located in\nOnondaga county including, but not limited to, dredging of inner harbor,\nreconstruction of harbor piers including but not limited to site\npreparation, utility lines, and hard edging of the pier, marina\ndevelopment including the establishment of dock space, parking, hoists,\nand lifts, shoreline and west side harbor landscaping, gateway and\nfinger park development, southern pier freighthouse rehabilitation, and\nthe reconstruction of Solars Boulevard including design and\nconstruction, excavation, curbing, lighting and paving and\ninfrastructure projects related thereto; (ii) an amount not to exceed\nfive million dollars shall be made available for the project, or\nportions thereof, known as the intermodal transportation facility\nlocated in Onondaga county and infrastructure projects related thereto;\n(b) an amount not to exceed fifteen million dollars shall be made\navailable for improvements related to the Buffalo inner harbor component\nof the horizons waterfront development project, or portions thereof,\ngenerally located in and around Erie county, and the New York state\ncanal system generally located along the Erie canal in Erie and Niagara\ncounties. The horizons waterfront development project improvements shall\ninclude the inner harbor project generally located in the city of\nBuffalo in the vicinity of the foot of Main street on the Buffalo river\nand may include, but not be limited to, the development of an\nautomobile, bus, rail, water taxi, cycling, and pedestrian intermodal\ntransportation hub and the waterfront area which will be serviced,\nincluding but not limited to design, environmental studies, real estate\nacquisition, construction, reconstruction, construction inspection,\nlandscaping, excavation and dredging, enhancement related improvements\nand infrastructure improvements related thereto. The improvements to the\nNew York state canal system may include but not be limited to\nconstruction, reconstruction, and development, terminal wall\nrehabilitation, transient docking, boater services, landscaping, and\nsignage in the city of Tonawanda and the city of North Tonawanda; and\n(c) an amount not to exceed fifteen million dollars shall be made\navailable for the project, or portions thereof, known as the Stewart\nairport access project located in Orange county to provide direct access\nto Stewart international airport from interstate eighty-four in the\nvicinity of the airport.\n