N.Y. Public Authorities Law § 2757: Special powers of the authority

§ 2757. Special powers of the authority. In order to effectuate the

purpose of this title:

1. The authority may enter into any joint service arrangements as

hereinafter provided.

2. The authority may, on such terms and conditions as the authority

may determine necessary, convenient or desirable, establish, construct,

effectuate, operate, manage, maintain, renovate, improve, extend or

repair any aviation facilities or pollution control facilities, or may

provide for such establishment, construction, effectuation, operation,

management, maintenance, renovation, improvement, extension or repair by

contract, lease, or other arrangement on such terms as the authority may

deem necessary, convenient or desirable with the federal government, any

state or agency or instrumentality thereof, any person or public

corporation. In connection with the operation of any such facilities,

the authority may establish, construct, effectuate, operate, manage,

maintain, renovate, improve, extend or repair or may provide by

contract, lease or other arrangement for the establishment,

construction, effectuation, operation, management, maintenance,

renovation, improvement, extension or repair of any related services and

activities it deems necessary, convenient or desirable.

3. The authority may establish, fix, revise, levy and collect or cause

to be established, fixed, revised, levied and collected and, in the case

of a joint service arrangement, join with others in the establishment,

fixing, revision, levy and collection of such fares, rentals, rates,

charges, landing and field use fees, concession fees and other fees as

it may deem necessary, convenient or desirable for the use and operation

of any aviation facilities, and related services operated or managed by

the authority or under contract, pollution control facilities, lease or

other arrangement, including joint service arrangements, with the

authority. Such fares, rentals, rates, charges, landing and field use

fees, concession fees or other fees shall be at least sufficient at all

times in the judgment of the authority to establish and maintain the

combined operations of the authority on a self-sustaining basis. Such

operations shall be deemed to be on a self-sustaining basis as required

by this title, when the authority is able to pay or fund or cause to be

paid or funded from revenues and any other funds actually available to

the authority (i) the principal of, premium, if any, and the interest on

the outstanding bonds of the authority as the same shall become due and

payable and any capital or debt service reserve therefor and, to the

extent required by any agreement between the county and the authority,

the principal of and interest on any general obligation bonds, notes or

other evidence of indebtedness of the county issued for or allocable to

any project of the authority as the same shall become due and payable

and any reserves therefor, (ii) the cost of administering, maintaining,

repairing and operating any project of the authority, (iii) the cost of

constructing capital improvements thereto pursuant to any agreement

between the county and the authority, (iv) any liabilities incurred for

or allocable to any project of the authority including any liabilities

of the county assumed by the authority pursuant to any agreement between

the county and the authority, as the same become due and payable, (v)

any requirements of any agreement including those relating to the

establishment of reserves for renewal and replacement and for

uncollected fares, rentals, rates, charges and fees and covenants

respecting rates and debt service and earnings coverage ratios, (vi) all

other reasonable and necessary expenses of the authority, and (vii) the

cost of such additional projects as may be now or hereafter authorized

by law and agreed to by the authority.

4. The authority may establish and, in the case of joint service

arrangements, join with others in the establishment of such schedules

and standards of operations and such other rules and regulations

including but not limited to rules and regulations governing the

conduct, safety and security of the public as it may deem necessary,

convenient or desirable for the use, operation and management of any

project and related services operated or managed by the authority or

under contract, lease or other arrangement, including joint service

arrangements, with the authority. Such rules and regulations governing

the conduct, safety and security of the public shall be filed with the

department of state in the manner provided by section one hundred two of

the executive law. In the case of any conflict between any such rule or

regulation of the authority governing the conduct, safety and security

of the public and any local law, ordinance, rule or regulation, such

rule or regulation of the authority shall prevail.

5. The authority may do all things it deems necessary, convenient or

desirable to manage, control and direct the maintenance and operation of

aviation facilities, equipment or property operated by or under

contract, lease or other arrangement with the authority. Except as

agreed to pursuant to any agreement between the authority and any public

corporation and except as hereinafter specially provided, no

municipality except for the county, shall have jurisdiction over any

facilities of the authority or any of its activities or operations. The

county shall provide for such facilities police, fire and health

protection services.

6. The authority may accept unconditional grants of money or property

from any municipality the whole or any part of which municipality shall

be served or to be served by an aviation facility operated by the

authority. Such grants of money or property would be for the purpose of

assisting the authority in meeting its capital or operating expenses.

The acceptance of any such grant shall not operate to make the authority

an agency of the municipality making the grant.

7. In any instance where the county is required by law, with respect

to an airport or any aviation facilities, to conduct a public hearing in

connection with a contract, lease, joint service arrangement, charge,

fare, rental or fee, the authority shall not enter into such contract,

lease, joint service arrangement, or establish, fix, revise or levy any

charge, fare, rental, landing and field use fee, concession fee or other

fee unless and until the authority has held a public hearing at which

interested persons have had an opportunity to be heard concerning the

same, provided however, if the county has conducted a public hearing in

connection with such contract, lease, joint service arrangement, charge,

fare, rental or fee, the authority shall not be required to hold a

public hearing. Notice of such public hearing shall be published by the

authority at least ten days before the date set therefor, in at least

one newspaper of general circulation in the county. Such notice shall

set forth the date, time and place of such hearing and shall include a

brief description of the matters to be considered at such meeting. At

all such hearings, any interested persons shall have an opportunity to

be heard concerning the matters under consideration. Any decision of the

authority on matters considered at such public hearing shall be in

writing and be made available in the office of the authority for public

inspection during regular office hours.