N.Y. Public Authorities Law § 553-e: Laws applicable to certain activities

§ 553-e. Laws applicable to certain activities. 1. (a) In its

performance of any project authorized by paragraph (m), (n), (o), (p) or

(r) of subdivision nine of section five hundred fifty-three of this

title, the authority shall not be deemed the agent or instrumentality of

any other public benefit or municipal corporation notwithstanding the

fact that title to any real or personal property (or any interest

therein) which is the subject of or is a part of such project is held

by, or upon completion of such project is to be transferred to, any such

entity, and the provisions of section five hundred fifty-nine of this

title shall not be applicable with respect to any such project. In its

performance of any such project for the New York city transit authority,

however, the provisions of section twelve hundred nine of this chapter

shall apply to the authority as if it were the "authority" referred to

therein.

(b) Neither the provisions of section one hundred ninety-seven-c of

the New York city charter, relating to a uniform land use review

procedure, nor the provisions of any other local law of the city of New

York of like or similar tenor or import shall apply (i) to the

acquisition of any real property (or any interest therein) for the

purposes of any such project by the city or by the New York city transit

authority or any of its subsidiaries; (ii) to the subsequent transfer of

any real property (or interest therein) so acquired to the authority or

its designee for the purposes of such project or to the transfer to the

authority or its designee for such purposes of any real property (or

interest therein) then owned by the city or by the New York city transit

authority or any such subsidiary; nor (iii) to the transfer to the

authority or its designee for such purposes of the right of use,

occupancy, control or possession of any real property (or interest

therein), whether presently owned or hereafter acquired by the city or

by the New York city transit authority or any such subsidiary; provided

in each such case, however, that if at the time of such proposed

acquisition or transfer the real property which is the subject of such

acquisition or transfer is not then being utilized for a transit or

transportation purpose or is not an insubstantial addition to such

property contiguous thereto; (a) the authority proposing to acquire or

receive such property shall, unless a submission with respect to such

property has previously been made and approved as herein provided,

submit to the community board for the community district in which such

property is located, data with respect to the proposed use of such

property and to the design of any facility proposed to be constructed

thereon; (b) such community board shall inform the board of estimate of

the city of New York, with copies to the city planning commission of the

city of New York and the proposing authority, of its views and

recommendations with respect thereto within forty-five days of such

submission, and if the community board shall fail to so inform the board

of estimate within such period it shall be deemed to have recommended

the proposal; and (c) the board of estimate shall, within forty-five

days of the recommendation of the community board, approve or disapprove

such acquisition or transfer, and if the board of estimate shall fail to

act within such period it shall be deemed to have approved the same.

2. After the transfer, transfer back, lease or sublease by the

authority of any such project or part thereof, actions for damages to

real or personal property or for the destruction thereof, or for

personal injuries or death, based upon the use, condition or state of

such project or part thereof may not be instituted against the

authority, which shall have no liability or responsibility to the

transferee, lessee or sublessee or to third parties therefor.

3. If any property, real or personal (or any interest therein), needed

or useful for or in connection with any such project is owned by any

municipal corporation, such corporation may transfer the same, with or

without consideration, to the authority for such purpose, and if such

property is owned by the city of New York, such transfer may be by

action of its mayor alone.

4. The authority, upon suitable notice to and an offer to consult with

an officer designated by the city of New York, may occupy the streets of

the city of New York for the purpose of doing any work over or under the

same in connection with any such project without the consent of or

payment to the city of New York.

5. The providing of any such project for the use or benefit of the New

York city transit authority or any of its subsidiaries shall not relieve

the city of its obligations under law or by lease to pay the capital

costs of the said authority or of its subsidiaries.

6. Except as the authority shall otherwise agree, title to any such

project or any part thereof or interest therein which shall have been

transferred, leased or subleased to the New York city transit authority

or its designated subsidiary, shall remain in such transferee, lessee or

sublessee, any provisions of title nine of article five of this chapter

or of any lease or other agreement entered into under the provisions of

that title to the contrary notwithstanding.

7. The metropolitan transportation authority, the New York city

transit authority and the designated subsidiaries of each of them are

each hereby authorized (i) to request the authority to undertake any

such project; (ii) to acquire in its own name by gift, purchase or

condemnation, and, additionally, in the case of the metropolitan

transportation authority, by appropriation pursuant to section twelve

hundred sixty-seven-a of this chapter, any real or personal property (or

any interest therein), which is needed or useful for or in connection

with such project, the provisions of any lease or other agreement with

the city to the contrary notwithstanding, and to surrender the use,

occupancy, control or possession of or to transfer the same, or of any

other such real or personal property (or any interest therein) which it

owns, leases, operates or controls, to the authority; (iii) to accept a

transfer, transfer back, lease or sublease of any such project or part

thereof upon its completion; (iv) to undertake any such project itself,

or to finance, through loans, leases or otherwise, any other person or

entity, public or private, to do so, in each case using funds granted by

the authority to pay all or any part of the costs thereof (such

undertaking, in the case of the New York city transit authority and its

subsidiary, the Manhattan and Bronx surface transit operating authority,

being free of any restriction set forth in subparagraph (ii) of

paragraph b of subdivision one of section twelve hundred three or in

paragraph (c) of subdivision five of section twelve hundred three-a of

this chapter); and (v) to make its agents, employees and facilities

available to the authority in connection therewith.

8. No such project to be constructed upon real property theretofore

used for a transit or transportation purpose, or on an insubstantial

addition to such property contiguous thereto, which will not change in a

material respect the general character of such prior transit or

transportation use, nor any acts or activities in connection with such

project, shall be subject to the provisions of article eight, nineteen,

twenty-four or twenty-five of the environmental conservation law, or to

any local law or ordinance adopted pursuant to any such article. Nor

shall any project or acts or activities in connection therewith taken by

any person or entity, public or private, pursuant to paragraph (m), (n),

(o), (p), or (r) of subdivision nine of section five hundred fifty-three

of this title be subject to the provisions of article eight of the

environmental conservation law if such project, acts or activities to be

taken in connection therewith require the preparation of a statement

under or pursuant to any federal law or regulation as to the

environmental impact thereof.

9. In connection with the negotiation, award and implementation of

contracts of the authority relating to any project hereafter initiated

pursuant to paragraphs (m), (n), (o), (p) and (r) of subdivision nine of

section five hundred fifty-three of this title, the provisions of

paragraphs (a), (b), (c) and (d) of subdivision thirteen of section

twelve hundred sixty-six-c of this chapter shall apply to the authority

as if it were the "authority" referred to therein, and the officer

designated by the metropolitan transportation authority pursuant to

paragraph (e) of that subdivision shall perform the duties therein

described with respect to such contracts of the authority.

10. The financing of any such project through the issuance of bonds or

notes of the authority shall be subject to the provisions of section

twelve hundred sixty-nine-b of this chapter.

11. The aggregate principal amount of bonds and notes issued and

outstanding at any time to finance projects authorized by paragraphs

(m), (n), (o), (p) and (r) of subdivision nine of section five hundred

fifty-three of this title shall not exceed one billion one hundred

million dollars through December thirty-first, nineteen hundred

eighty-six and three billion two hundred million dollars thereafter,

provided however that such latter amount shall not exceed two billion

two hundred million dollars for all bonds and notes other than those

issued pursuant to section five hundred fifty-three-d of this title.

This limitation shall not include (i) bonds and notes issued to refund

or otherwise repay bonds or notes theretofore issued for such purposes,

(ii) bonds issued to fund any reasonably required debt service reserve

fund for bonds and notes, and (iii) an amount equal to any original

issue discount from the prinicipal amount of any bonds or notes issued

and then outstanding. From the proceeds of the bonds and notes provided

for in the first sentence of this subdivision, other than bonds or notes

authorized by section five hundred fifty-three-d of this title, the

authority shall not expend more than one billion three hundred twenty

million dollars for transit projects as defined in section twelve

hundred sixty-six-c of this chapter nor more than eight hundred eighty

million dollars for transportation facilities as such term is defined in

subdivision fourteen of section twelve hundred sixty-one of this chapter

other than marine or aviation facilities. For the purposes of this

subdivision, facilities under the jurisdiction of the Staten Island

rapid transit operating authority shall be considered transit projects.