N.Y. Public Authorities Law § 1689-e: Biomedical facilities program, authority financing of eligible projects

§ 1689-e. Biomedical facilities program, authority financing of

eligible projects. 1. The authority is authorized to finance eligible

biomedical facilities program projects pursuant to an appropriation

contained in a chapter of the laws of 2000 to the New York state office

of science, technology and academic research.

2. (a) Notwithstanding the provisions of any general or special law to

the contrary, and subject to the making of annual appropriations

therefor by the legislature, in order to assist the authority in the

financing and refinancing of such eligible biomedical facilities program

projects, the director of the budget is authorized to enter into one or

more service contracts, none of which shall exceed twenty years in

duration, with the authority, upon such terms as the director of the

budget and the dormitory authority agree;

(b) Any service contract entered into pursuant to paragraph (a) of

this subdivision or any payments made or to be made thereunder may be

assigned and pledged by the authority as security for its bonds, notes,

or other obligations;

(c) Any such service contract shall provide that the obligation of the

director of the budget or 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 in the event the

authority assigns or pledges the service contract payments as security

for its bonds, notes, or other obligations and shall be deemed executory

only to the extent moneys are available and that no liability shall be

incurred by the state beyond the moneys available for the purpose, and

that such obligation is subject to annual appropriation by the

legislature;

(d) Any service contract or contracts entered into pursuant to this

subdivision shall provide for state commitments to provide annually to

the authority a sum or sums, upon such terms and conditions as shall be

deemed appropriate by the director of the budget, to fund the principal,

interest, or other related expenses required for any such bonds, notes,

or other obligations.

3. (a) To obtain funds for the purposes of this subdivision, the

authority shall have power from time to time, in accordance with a

schedule certified to the authority by the executive director of the New

York state office of science, technology and academic research

identifying eligible biomedical facilities program projects approved for

payment pursuant to a biomedical facilities program appropriation to the

New York state office of science, technology and academic research, to

issue negotiable bonds or notes of the authority. Unless the context

shall clearly indicate otherwise, whenever the words "bond" or "bonds"

are used in this section, such words shall include a note or notes of

the authority.

(b) The authority shall not issue any bonds or notes in an amount in

excess of ten million dollars for the purposes of this subdivision,

excluding a principal amount of bonds or notes issued to fund one or

more debt service reserve funds, to pay for the costs of issuance of

such bonds, and bonds or notes issued to refund or otherwise repay such

bonds, and bonds or notes previously issued. Except for the purposes of

complying with the internal revenue code, any interest income earned on

bond proceeds shall only be used to pay debt service on such bonds or

notes.

In computing for the purposes of this subdivision, the aggregate

amount of indebtedness evidenced by bonds and notes of the authority

issued pursuant to this subdivision, there shall be excluded the amount

of such indebtedness represented by such bonds or notes issued to refund

or otherwise repay bonds or notes, provided that the amount so excluded

under this paragraph may exceed the principal amount of such bonds or

notes that were issued to refund or otherwise repay only if the present

value of the aggregate debt service on the refunding or repayment bonds

or notes shall not have at the time of their issuance exceeded the

present value of the aggregate debt service of the bonds or notes they

were issued to refund or repay, such present value in each case being

calculated by using the effective interest rate of the refunding or

repayment bonds or notes, which shall be that rate arrived at by

doubling the semi-annual interest rate (compounded semi-annually)

necessary to discount the debt service payments on the refunding or

repayment bonds or notes from the payment date thereof to the date of

issue of the refunding or repayment bonds or notes and to the price bid

therefor, or to the proceeds received by the dormitory authority from

the sale thereof, in each case including estimated accrued interest.