N.Y. Public Authorities Law § 1285-a: Construction, operation and maintenance of air pollution control facilities, water management facilities and storm water collecting systems

§ 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 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 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.