N.Y. Public Authorities Law § 2799-hhh: Special powers of the authority

§ 2799-hhh. 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

provided in this section.

2. The authority may, 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 with the federal government, any state or

agency or instrumentality thereof, or 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.

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 for

the use and operation of any real property, aviation facilities,

pollution control facilities, facility and related services operated or

managed by the authority or under contract, 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:

(a) 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 city and the authority, the

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

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

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

and any reserves therefor;

(b) the cost of administering, maintaining, repairing and operating

any project of the authority;

(c) the cost of constructing capital improvements thereto pursuant to

any agreement between the city and the authority;

(d) any liabilities incurred for or allocable to any project of the

authority including any liabilities of the city assumed by the authority

pursuant to any agreement between the city and the authority, as the

same become due and payable;

(e) 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;

(f) all other reasonable and necessary expenses of the authority; and

(g) 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, local ordinance, local rule or local

regulation, such rule or regulation of the authority shall prevail.

Nothing in this section shall be construed to exempt the authority from

any state law, rule or regulation.

5. The authority may 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 city, shall have jurisdiction over any

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

city may provide for such facilities' police and fire 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 city 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 city 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 and on the authority

website. 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 and posted on the authority website.

8. The authority may acquire, hold, own, lease, establish, construct,

effectuate, operate, maintain, renovate, improve, extend or repair any

of its facilities through, and cause any one or more of its powers,

duties, functions or activities to be exercised or performed by, no more

than two wholly owned subsidiary corporations of the authority for the

purposes of operating parking and concessions including food, beverage,

and retail services, and airline and aircraft services including

ticketing, baggage and fueling services and other services for the

operation of the airport. The authority may transfer to or from any such

corporation, or between such corporations, any moneys, real property or

other property or the services of any officers, employees or consultants

for any of the purposes of this title. The directors or members of each

such subsidiary corporation shall be the same persons holding the

offices of members of the authority. Each such subsidiary corporation

and any of its property, functions and activities shall have all of the

privileges, immunities, tax exemptions and other exemptions of the

authority and of the authority's property, functions and activities.

Each such subsidiary corporation shall be subject to the restrictions

and limitations to which the authority may be subject. Each such

subsidiary corporation shall be subject to suit in accordance with

section twenty-seven hundred ninety-nine-www of this title. The

employees of any such subsidiary corporation, except those who are also

employees of the authority, shall not be deemed employees of the

authority.