N.Y. Public Authorities Law § 1285-l: State park infrastructure projects

§ 1285-l. State park infrastructure projects. In order to effectuate

the purposes of this title, the corporation shall have the following

additional special powers:

1. Notwithstanding the provisions of any general or special law to the

contrary, the office of parks, recreation and historic preservation or

the division of the budget, with the approval of the director of the

budget, and the corporation are each hereby authorized to enter into a

contract or contracts providing for the financing of the design,

acquisition, construction, improvement and installation of all or any

portion of any state park infrastructure project or reimbursement to the

state for costs incurred in connection with a state park infrastructure

project for and on behalf of the state; and the corporation and the

office of parks, recreation and historic preservation or the division of

the budget, with the approval of the director of the budget, may enter

into a contract, lease, easement, license or other instrument pursuant

to which the corporation shall make all or any portion of any state park

infrastructure project available to such state agency. Any such contract

or contracts, lease, easement, license or other instrument shall be upon

such terms and conditions as the corporation and the state shall

determine to be reasonable, including, but not limited to, the payment

of or reimbursement to the corporation for (a) all costs of the

corporation in financing all or any portion of any state park

infrastructure project, and any claims arising therefrom, (b) all fees

and other charges of, and all expenses incurred by, the corporation in

connection with the issuance and administration of any bonds or notes

issued by the corporation for such purpose, and (c) amounts sufficient

to pay all principal, premium, if any, and interest on such bonds or

notes. Such payment or reimbursement may be made annually or otherwise,

may be in fixed amounts or based on any factors or other matters, or may

be made in any other manner, as such contract or contracts, lease,

easement, license or other instrument shall provide. Provided, however,

that the net proceeds of any such bonds or notes issued shall not exceed

sixteen million dollars, not including issuance costs, capitalized

interest and debt service reserve funds.

2. Any such contract or contracts, lease, easement, license or other

instrument entered into pursuant to subdivision one of this section

shall provide that the obligation of the state to fund or to pay the

amounts therein provided for shall not constitute a debt of the state

within the meaning of any constitutional or statutory provision and

shall be deemed executory only to the extent of moneys available

therefor and that no liability shall be incurred by the state beyond the

moneys available for such purpose, and that such obligation is subject

to annual appropriation by the legislature.

3. Any such contract or contracts, lease, easement, license or other

instrument or any payments made or to be made thereunder may be assigned

and pledged by the corporation as security for its bonds and notes

issued for the purpose of financing all or any part of any state park

infrastructure project.

4. The corporation and the office of parks, recreation and historic

preservation or the division of the budget, with the approval of the

director of the budget, may enter into any leases, easements, licenses

or other instruments for the purpose of granting to the corporation any

interest in real property which the corporation shall deem necessary for

the purpose of financing the design, acquisition, construction,

improvement and installation of all or any portion of any state park

infrastructure project. The corporation shall hold any such interest in

real property in trust for the state, shall make and keep such

properties accessible to the public, and shall not sell, lease, exchange

or donate such properties except to the state.

5. The comptroller is hereby authorized to receive from the

corporation any portion of special obligation bond proceeds paid to

provide funds for or reimburse the state for its costs associated with

any state park infrastructure project and to credit such amounts to the

capital projects fund or any other appropriate fund.