N.Y.
Public Authorities Law Section 1285-A
Construction, operation and maintenance of air pollution control facilities, water management facilities and storm water collecting systems
1.
The corporation and any municipality having power to construct air pollution control facilities, water management facilities or storm water collecting systems, by resolution of its governing body may enter into a contract for the construction of air pollution control facilities, water management facilities or storm water collecting systems by the corporation for such municipality upon such terms and conditions as the corporation shall determine to be reasonable, including but not limited to reimbursement of all costs of such construction and claims arising therefrom.2.
The corporation and any state agency having power to construct air pollution control facilities, water management facilities, or storm water collecting systems may enter into a contract for the construction of air pollution control facilities, water management facilities or storm water collecting systems by the corporation for such state agency upon such terms and conditions as the authority and such state agency shall determine to be reasonable, including but not limited to reimbursement of all costs of such construction and claims arising therefrom.3.
The corporation and any municipality having power to construct, operate and maintain air pollution control facilities or storm water collecting systems, by resolution of its governing body may enter into a contract pursuant to which the corporation may provide for the treatment, neutralization and disposal of gaseous wastes and other air pollutants, by means of air pollution control facilities owned and constructed by the corporation and operated and maintained by the corporation or, for and on behalf of the corporation, by such municipality or by any person as may be approved by the corporation and such municipality, or for the collection and conveyance of storm waters by means of storm water collecting systems owned and constructed by the corporation for and on behalf of such municipality. Such contract or contracts shall be in accordance with the provisions of, and shall contain the same terms, conditions and requirements as are set forth in subdivision three of § 1285 (Special powers of the corporation)section twelve hundred eighty-five of this title, provided, however, any such contract providing for the collection and conveyance of storm waters by means of storm water collecting systems owned and constructed by the corporation shall expressly provide for the vesting of title to such storm water collecting system in such municipality in accordance with the provisions of paragraph (c) of said subdivision three of § 1285 (Special powers of the corporation)section twelve hundred eighty-five of this title, and that such storm water collecting system shall be operated and maintained by such municipality upon such terms and conditions as the corporation shall determine to be reasonable.4.
The corporation and any state agency having power to operate and maintain air pollution control facilities, water management facilities or storm water collecting systems may enter into a contract with the corporation for the operation and maintenance of air pollution control facilities, water management facilities or storm water collecting systems by the corporation for and on behalf of such state agency; or the corporation and any such state agency may enter into a contract pursuant to which the corporation may provide for the treatment, neutralization and disposal of gaseous wastes and other air pollutants, the furnishing of a public water supply, the collection and conveyance of storm waters by means of air pollution control facilities, water management facilities or storm water collecting systems, as the case may be, owned and constructed by the corporation and operated and maintained by the corporation or for and on behalf of the corporation, by such state agency or by any person as may be approved by the corporation and such state agency. Any such contract or contracts shall be upon such terms and conditions as the corporation and such state agency shall determine to be reasonable, including but not limited to the reimbursement of all costs of planning, financing, construction and operation and maintenance and any claims arising therefrom. No such contract shall be deemed to be a contract for public works or purchase within the meaning of the state finance law.5.
The corporation may make loans to any municipality for the construction of any air pollution control facility, water management facility or storm water collecting system or to any state agency authorized to issue bonds or notes not constituting a debt or liability of the state within the meaning of section eleven of article seven of the state constitution, for the construction of any air pollution control facility, water management facility, or storm water collecting system. The corporation may accept as evidence of the indebtedness of any such municipality or any state agency authorized to issue bonds or notes not constituting a debt or liability of the state within the meaning of section eleven of article seven of the state constitution, only the municipal bonds or notes of such municipality or bonds or notes of such state agency. Any such loans shall be in an amount or amounts not to exceed the cost of construction of any such project required to be financed by the municipality or such state agency. In connection with the making of any such loans, the corporation may fix and collect fees and charges, including but not limited to reimbursement of all costs of financing by the corporation, as the corporation shall determine to be reasonable. Any such loan by the corporation to a state agency as herein provided, shall be subject to the approval of the director of the budget.
Source:
Section 1285-A — Construction, operation and maintenance of air pollution control facilities, water management facilities and storm water collecting systems, https://www.nysenate.gov/legislation/laws/PBA/1285-A (updated Sep. 22, 2014; accessed Oct. 26, 2024).
