N.Y. Public Authorities Law § 2780: Advances on behalf of the authority; transfer of property to authority; acquisition of property by county for authority

§ 2780. Advances on behalf of the authority; transfer of property to

authority; acquisition of property by county for authority. 1. In

addition to any powers granted to it by law, the county may, from time

to time, appropriate by resolution sums of money to defray project costs

or any other costs and expenses of the authority including operating

expenses.

Subject to the rights of bond holders, the county may determine if the

monies so appropriated shall be subject to repayment by the authority to

the county and, in such event, the manner and time or times for such

repayment.

2. Notwithstanding any inconsistent provision of any general, special

or local law, ordinance, resolution or charter, any public corporation

may, by a majority vote of its governing body and the approval of its

chief executive officer, give, grant, sell, convey, loan, license the

use of or lease to the authority any property or facilities, including

aviation facilities and pollution control facilities, which are useful

in connection with the exercise by the authority of its powers under

this title. Any such gift, grant, sale, conveyance, loan, license or

lease shall be upon such terms and conditions, and for such term or

terms of years, subject to the rights of the holders of any bonds, as

the authority and such public corporation may agree. Any such gift,

grant, sale, conveyance, lease, loan or license shall not be subject to

referendum, permissive or mandatory. In the event that any public

corporation gives, grants, sells, conveys, loans, licenses or leases any

aviation facilities or pollution control facilities to the authority,

such public corporation may contract with the authority to lease,

borrow, license, operate, maintain, manage and provide services for such

facilities upon such terms and conditions and for such term or terms of

years, subject to the rights of holders of bonds, as the authority and

such public corporation may agree. The authority, in furtherance of any

purchase, conveyance or lease of any property or facility from any

public corporation, may assume the primary responsibility for the

payment of the principal and interest on any bonds or notes issued by

such public corporation for such property or facility. For purposes of

section 136.00 of the local finance law, any agreement by the authority

to assume the primary responsibility for the payment of the principal

and interest on any bonds or notes issued by any such public corporation

shall, so long as such agreement shall continue to be honored by the

authority, cause such bonds or notes to be deemed to have been refunded

and any such public corporation may deduct from its gross indebtedness

any outstanding indebtedness contracted for such property or facility to

be acquired by the authority.

3. The county may acquire by purchase, grant, lease, gift or

condemnation pursuant to the eminent domain procedure law real property

in the name of the county for any corporate purpose of the authority.

4. Notwithstanding the provisions of any other law, general, special

or local, real property acquired by the authority or the county from the

state may be used for any corporate purpose of the authority provided,

however, no non-hazardous solid waste, toxic, or hazardous waste site,

center, consolidated collection or transfer area, shall be located or

maintained at the airport, or on lands adjacent to the airport that are

used in support of airport operations as contained in any present or

future airport layout plan approved by the New York state department of

transportation or the federal aviation administration and no

non-hazardous solid waste, toxic, or hazardous waste site, center,

consolidated collection or transfer area, shall be located or maintained

on any other lands made available by the county in support of airport

operations by way of any agreement between the county and the airport

operator. The storage of materials, which by federal definition may be

classified as hazardous materials, but are acquired by the airport

operator, its agent, or assignee, solely in support of airport

operations or airport facility maintenance shall be exempt from the

provisions of this subdivision. The inventory, storage and use of such

materials shall be in accordance with all applicable federal and state

regulations.