N.Y. Public Authorities Law § 384: Additional powers of the authority to undertake and finance certain transportation projects

§ 384. Additional powers of the authority to undertake and finance

certain transportation projects. 1. (a) The authority is hereby

authorized and directed, as an additional corporate purpose thereof, to

enter into contracts or agreements with any private person or

corporation or with the state or local governments or with other public

corporations to finance, construct, reconstruct, improve or develop the

following transportation projects subject to the limitations prescribed

by this section: (i) the projects, or portions thereof, known as the

inner harbor project and the intermodal transportation project located

in Onondaga county, including but not limited to, the consolidation of

the Syracuse canal terminal and the planning, design and construction of

an intermodal transportation facility, provided, however, that prior to

proceeding with the inner harbor project, the authority and the city of

Syracuse shall enter into a memorandum of understanding regarding the

undertaking of such project; (ii) the project, or portions thereof,

known as the horizons waterfront development project generally located

in and around Erie county, and the New York state canal system generally

located along the Erie canal in Erie and Niagara counties; and (iii) the

project, or portions thereof, known as the Stewart airport access

project located in Orange county to provide direct access to Stewart

international airport from interstate eighty-four in the vicinity of the

airport. Notwithstanding the provisions of article VI-A and section one

hundred thirty-eight-c of the canal law and paragraph (m) of subdivision

seven of section three hundred eighty-two of this chapter, the New York

state thruway authority, or the subsidiary corporation thereof, is

authorized to enter into an agreement with the city of Syracuse for the

leasing of the land comprising the inner harbor project in Onondaga

county. Any projects for the construction, reconstruction or improvement

of property or structures undertaken pursuant to this section shall be

in full compliance with title thirteen of article twenty-seven of the

environmental conservation law and shall be deemed public works for the

purposes of section two hundred twenty of the labor law and section one

hundred three of the general municipal law, except that any contracts

let by the authority for the construction, reconstruction or improvement

of such projects shall be subject to section three hundred fifty-nine of

this title. For the purposes of article fifteen-A of the executive law

only, the authority shall be deemed a state agency as that term is used

in such article and its contracts for such projects as provided in this

article shall be deemed state contracts within the meaning set forth in

such article.

(b) The authority is hereby authorized, as an additional corporate

purpose thereof, to issue its bonds, notes and other obligations in

conformity with applicable provisions of the uniform commercial code in

a principal amount necessary to achieve purposes enumerated in paragraph

(a) of this subdivision, including a principal amount necessary to

provide capitalized interest for a period not to exceed six months

subject to the limitations in subdivision three of this section. In

computing the total principal amount of bonds, notes and other

obligations that may at any time be issued for any purpose under this

section, the amount of the outstanding bonds or notes that constitutes

interest under the United States internal revenue code of nineteen

hundred eighty-six, as amended to the effective date of this section,

shall be excluded.

2. All of the provisions of this title, which are not inconsistent

with the provisions of this section, shall apply to the projects and

obligations authorized by this section, including but not limited to the

power to issue renewal notes or refunding bonds.

3. The authority shall make available a total amount of moneys not

exceeding fifty million dollars, exclusive of federal funds and any

state and local moneys which may be available, for capital purposes and

for the other purposes enumerated in this section. The fifty million

dollar amount shall be distributed as follows: (a) (i) an amount not to

exceed fifteen million dollars shall be made available for the project,

or portions thereof, known as the inner harbor project located in

Onondaga county including, but not limited to, dredging of inner harbor,

reconstruction of harbor piers including but not limited to site

preparation, utility lines, and hard edging of the pier, marina

development including the establishment of dock space, parking, hoists,

and lifts, shoreline and west side harbor landscaping, gateway and

finger park development, southern pier freighthouse rehabilitation, and

the reconstruction of Solars Boulevard including design and

construction, excavation, curbing, lighting and paving and

infrastructure projects related thereto; (ii) an amount not to exceed

five million dollars shall be made available for the project, or

portions thereof, known as the intermodal transportation facility

located in Onondaga county and infrastructure projects related thereto;

(b) an amount not to exceed fifteen million dollars shall be made

available for improvements related to the Buffalo inner harbor component

of the horizons waterfront development project, or portions thereof,

generally located in and around Erie county, and the New York state

canal system generally located along the Erie canal in Erie and Niagara

counties. The horizons waterfront development project improvements shall

include the inner harbor project generally located in the city of

Buffalo in the vicinity of the foot of Main street on the Buffalo river

and may include, but not be limited to, the development of an

automobile, bus, rail, water taxi, cycling, and pedestrian intermodal

transportation hub and the waterfront area which will be serviced,

including but not limited to design, environmental studies, real estate

acquisition, construction, reconstruction, construction inspection,

landscaping, excavation and dredging, enhancement related improvements

and infrastructure improvements related thereto. The improvements to the

New York state canal system may include but not be limited to

construction, reconstruction, and development, terminal wall

rehabilitation, transient docking, boater services, landscaping, and

signage in the city of Tonawanda and the city of North Tonawanda; and

(c) an amount not to exceed fifteen million dollars shall be made

available for the project, or portions thereof, known as the Stewart

airport access project located in Orange county to provide direct access

to Stewart international airport from interstate eighty-four in the

vicinity of the airport.