N.Y. Public Authorities Law Section 1020-BB
Exculpation

1.

The trustees and officers of the authority, while acting within the scope of their authority as trustees or officers, shall not be subject to any personal or civil liability resulting from the exercise, carrying out or advocacy of any of the authority’s purposes or powers, unless the conduct of the trustees or officers is finally determined by a court of competent jurisdiction to constitute intentional wrongdoing.

2.

The provisions of Public Officers Law § 17 (Defense and indemnification of state officers and employees)section seventeen of the public officers law shall apply to trustees and officers of the authority, in connection with any and all claims, demands, suits, actions or proceedings which may be made or brought against any of them arising out of any determinations made or actions taken or omitted to be taken in compliance with any obligations under or pursuant to the terms of this title.

3.

Notwithstanding any other provisions of law to the contrary, the provisions of Public Officers Law § 18 (Defense and indemnification of officers and employees of public entities)section eighteen of the public officers law shall apply to the employees of the authority, in connection with any and all claims, demands, suits, actions or proceedings which may be brought against any of them arising out of any determinations made or actions taken or omitted to be taken in compliance with any obligations under or pursuant to the terms of this title. Whenever the provisions of Public Officers Law § 17 (Defense and indemnification of state officers and employees)section seventeen of the public officers law do not apply to the trustees and officers of the authority, the provisions of Public Officers Law § 18 (Defense and indemnification of officers and employees of public entities)section eighteen of the public officers law shall apply to such trustees and officers.

4.

Any costs incurred by the state in accordance with subdivision two of this section shall be treated as advances by the state to the authority, and shall be repaid to it without interest either out of the proceeds of bonds issued by the authority pursuant to the provisions of this title, or by the delivery of non-interest bearing bonds of the authority to the state for all or any part of such advances, or out of excess revenues of the authority, at such times and on such conditions as the state and the authority mutually may agree upon. Any agreement entered into by the state and the authority for the repayment of any costs incurred pursuant to subdivision two of this section, shall be subject to the approval of the public authorities control board.

5.

As used in this section, the terms “trustee”, “officer” and “employee” shall include a former trustee, officer or employee and his or her estate or judicially appointed personal representative.

Source: Section 1020-BB — Exculpation, https://www.­nysenate.­gov/legislation/laws/PBA/1020-BB (updated Sep. 22, 2014; accessed Oct. 26, 2024).

1020
Short title 1020‑A
Declaration of legislative findings and declarations 1020‑AA
Conflicts of interest 1020‑B
Definitions 1020‑BB
Exculpation 1020‑C
Long Island power authority 1020‑CC
Authority subject to certain provisions contained in the state finance law, the public service law, the social services law and the gener... 1020‑D
Board of trustees 1020‑DD
Authority not to seek nor any subsidiary of the authority, to apply for or accept preference hydroelectricity 1020‑E
Officers and employees 1020‑EE
Nine Mile Point II 1020‑F
General powers of the authority 1020‑FF
Rates charged to veterans’ organizations 1020‑G
Powers to provide and maintain generating, transmission and resource recovery waste to energy facilities 1020‑GG
Energy plan 1020‑H
Acquisition of property, including the exercise of the power of eminent domain 1020‑HH
Green jobs-green New York on-bill recovery 1020‑I
Subsidiaries 1020‑II
Public notice before approval of utility transmission facilities 1020‑J
Notes of the authority 1020‑JJ
Energy storage deployment policy 1020‑K
Bonds of the authority 1020‑KK
Semi-annual expenditure and lobbying report 1020‑L
State and municipalities not liable on bonds or notes 1020‑LL
Pilot thermal energy network projects 1020‑M
Legal investments 1020‑MM
Prioritization of emergency services 1020‑N
Deposit and investment of moneys of the authority 1020‑O
Agreement of the state 1020‑P
Exemption from taxation 1020‑Q
Payments in lieu of taxes 1020‑R
Repayment of state appropriations 1020‑S
Public service law generally not applicable to authority 1020‑T
Authority not to construct or operate a nuclear powered facility in the service area 1020‑U
Employees of the authority not subject to the public employees’ fair employment act 1020‑V
Equal employment opportunity and minority and women owned business enterprise programs 1020‑W
Audit and annual reports 1020‑X
Authority subject to open meetings law 1020‑XX
Liberal interpretation 1020‑Y
Court proceedings 1020‑YY
Severability 1020‑Z
Corporate existence 1020‑ZZ
Inconsistent provisions of other laws superseded
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 1020-BB’s source at nysenate​.gov

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