N.Y. Public Authorities Law Section 354
Powers of the authority


Except as otherwise limited by this title, the authority shall have power 1. To sue and be sued;

2.

To have a seal and to alter the same at pleasure;

3.

To acquire, hold and dispose of personal property for its corporate purposes;

4.

To acquire and hold in the name of the state by purchase or appropriation real property or rights or easements therein and to sell, exchange, or otherwise dispose of any real property not necessary for its corporate purposes or whenever the board shall determine that it is in the interest of the authority; and upon such terms and conditions and uses as the board shall determine, to lease or to grant permits to occupy real property not presently required for thruway purposes but held for future use in carrying out its corporate purposes;

5.

To make by-laws for its organization and internal management and, subject to agreements with noteholders or bondholders, rules and regulations governing the use of the thruways and all other properties and facilities under its jurisdiction, which shall be filed with the department of state in the manner provided by Executive Law § 102 (Filing and publication of codes, rules and regulations)section one hundred two of the executive law;

6.

To appoint officers, agents and employees and fix their compensation, provided, however, that the appointment of the executive director shall be subject to confirmation by the senate in accordance with § 2852 (Senate confirmation of certain chief executive officers)section twenty-eight hundred fifty-two of this chapter; subject however to the provisions of the civil service law, which shall apply to the authority as a municipal corporation other than a city;

7.

To make contracts, and to execute all instruments necessary or convenient;

8.

Subject to agreements with noteholders or bondholders, to fix and collect such fees, rentals and charges for the use of the thruway or any part thereof necessary or convenient, with an adequate margin of safety, to produce sufficient revenue to meet the expense of maintenance and operation and to fulfill the terms of any agreements made with the holders of its notes or bonds, and to establish the rights and privileges granted upon payment thereof.

9.

To retain and employ private consultants on a contract basis for rendering professional and technical assistance and advice;

10.

To construct, reconstruct or improve on or along the thruway in the manner herein provided, suitable facilities for gas stations, restaurants, and other facilities for the public, or to lease the right to construct, reconstruct or improve and operate such facilities; such facilities shall be publicly offered for leasing for operation, or the right to construct, reconstruct or improve and operate such facilities shall be publicly offered under rules and regulations to be established by the authority, provided, however, that lessees operating such facilities at the time this act becomes effective, may reconstruct or improve them or may construct additional like facilities, in the manner and upon such terms and conditions as the board shall determine;

11.

To construct and maintain over, under, along or across a thruway under its jurisdiction telephone, telegraph, television, electric power and other wires or cables, pipe lines, water mains and other conduits and mechanical equipment, not inconsistent with the appropriate use of the thruways, or to contract for such construction; and upon such terms and conditions as the board shall determine, to lease all or any part of such property and facilities or the right to use the same, whether such facilities are constructed by the authority or under a contract for such construction, or to lease the right to construct and use such facilities or to grant permits or easements for such purposes to any governmental agency of the state of New York or to any public corporation, or to the United States of America or any governmental agency thereof for any public purposes or to individuals, partnerships and corporations, provided, however, that no lease or renewal thereof shall be granted for a period of more than thirty years from the date when such lease is made;

12.

To borrow money and issue negotiable notes, bonds or other obligations and to provide for the rights of the holders thereof;

13.

To enter on any lands, waters, or premises for the purpose of making borings, soundings, and surveys;

14.

To accept any gifts or any grant of funds or property from the federal government or from the state of New York or any other federal or state public body or political subdivision or any other person and to comply with the terms and conditions thereof;

15.

To do all things necessary or convenient to carry out its purposes and exercise the powers expressly given in this title.

Source: Section 354 — Powers of the authority, https://www.­nysenate.­gov/legislation/laws/PBA/354 (updated Jan. 13, 2017; accessed Apr. 20, 2024).

350
Short title
351
Definitions
352
New York State thruway authority
353
Purposes of the authority and benefits therefrom
354
Powers of the authority
355
Officers and employees
356
Thruway sections and connections
356‑A
Names and designations of thruway sections and connections
356‑B
Thruway to be designated as a section of a national network of Blue Star memorial highways
357
Right of authority to use state property
357‑A
State police and state payment for services
357‑B
Sharing employees, services and resources
357‑C
Indemnification and defense under shared services agreement
358
Acquisition of real property by the commissioner
358‑A
Acquisition of real property by the authority
359
Construction, reconstruction and improvement
359‑A
Procurement contracts
360
Operation and maintenance
361
Traffic control
361‑A
Restriction and regulation of advertising devices
361‑B
Jurisdiction in certain suits against the authority
361‑C
Tourist information facilities
361‑D
Agreement with the office of parks, recreation and historic preservation
362
Assistance by state officers, departments, boards, divisions and commissions
363
Annual report
364
Deposit and investment of moneys of the authority
365
Notes or bonds of the authority
366
Guaranty by the state
367
State’s right to require redemption of bonds
368
Remedies of noteholders and bondholders
369
Liability of state
370
Notes and bonds legal investments for public officers and fiduciaries
371
Tax exemption
372
Tax covenant
373
Agreement of the state
374
Title not affected if in part unconstitutional
375
Inconsistent provisions in other acts superseded
376
Further additional powers of the authority
377
Provision for servicing state vehicles with petroleum, etc
378
Specially priced commuter tickets
378‑A
Emergency service permits
379
Further additional powers of the authority to finance certain repayment obligations of the state in connection with the purchase of real ...
380
Further additional powers of the authority to finance certain local highway and bridge improvements and payments to the authority
381
Further additional powers of the authority
384
Additional powers of the authority to undertake and finance certain transportation projects
385
Additional powers of the authority to issue special dedicated highway and bridge trust fund bonds
386
Additional powers of the authority to issue special rail and aviation transportation bonds
386‑A
Financing of metropolitan transportation authority (MTA) transportation facilities
386‑B
Financing of peace bridge and transportation capital projects
387
Fees for searches and copies of accident and accident reconstruction reports
388
Limitation on powers of the authority
389
Information concerning services for human trafficking victims in facilities at service areas

Accessed:
Apr. 20, 2024

Last modified:
Jan. 13, 2017

§ 354’s source at nysenate​.gov

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